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332d. Enlisted personnel of organizations of Regular Army to be maintained not below minimum strength.-Hereafter the enlisted personnel of all organizations of the Regular Army shall at all times be maintained at a strength not below the minimum strength fixed by law. Sec. 2, act of June 3, 1916 (39 Stat. 166).
(See paragraph 331a for the preceding provision of this section.)
332e. Enlisted strength of the line of the Army, maximum. The total enlisted force of the line of the Regular Army, excluding the Philippine Scouts and the enlisted men of the Quartermaster Corps, of the Medical Department, and of the Signal Corps, and the unassigned recruits, shall not at any one time, except in the event of actual or threatened war or similar emergency in which the public sa fety demands it, exceed one hundred and seventy-five thousand men. Id.
332f. Same-Unassigned recruits not to exceed seven per centum of authorized strength.-The unassigned recruits at depots or elsewhere shall at no time, except in time of war, exceed by more than seven per centum the total authorized enlisted strength. Id.
332g. Enlisted strength to be exclusive of soldiers sentenced to dishonorable discharge.—The authorized enlisted strength of the Army and of organizations thereof shall be exclusive of soldiers under sentences which include confinement and dishonorable discharge." Act of Apr. 27, 1914 (38 Stat. 354).
RETIREMENT OF OFFICERS OF PHILIPPINE SCOUTS.
339a. Retirement of captains and lieutenants of Philippine Scouts who are citizens of the United States.-Captains and lieutenants of Philippine Scouts who are citizens of the United States shall hereafter be entitled to retirement under the laws governing the retirement of enlisted men of the Regular Army, except that they shall be retired in the grade held by them at the date of retirement, shall be entitled to retirement for disability under the same conditions as officers of the Regular Army, and that they shall receive, as retired pay, the amounts allowed by law, as retired pay and allowances, of master signal electricians of the United States Army, and no more. Sec. 26, act of June 3, 1916 (39 Stat. 185).
339b. Same-Double time for service beyond continental limits of United States not to be counted for purpose of.-Double time for service beyond the continental limits of the United States shall not be counted for the purposes of this section so as to reduce the actual period of service below twenty years. Id.
339c. Same-Former officers who resigned or were discharged on account of wounds received in action and were retired as enlisted
See paragraph 1019.
men to receive benefit of section.-Former officers of the Philippino Scouts who, because of disability occasioned by wounds received in action, have resigned or been discharged from the service, or who have heretofore served as such for a period of more than five years and have been retired as enlisted men, shall be placed upon the retired list as officers of Philippine Scouts and thereafter receive the retired pay and allowances provided by this section for other oflicers of Philippine Scouts. Id.
339d. Same-Former officer who resigned or was discharged on account of disability contracted in line of duty and has been retired as enlisted man to receive benefit of section.-Any former officer of Philippine Scouts who vacated his office in the Philippine Scouts by discharge or resignation on account of disability contracted in the line of duty and who was subsequently retired as an enlisted man, except any former officer of Philippine Scouts who has been retired as an enlisted man by special Act of Congress, shall be transferred to the retired list created by this section and shall thereafter receive the retired pay and allowances authorized by this section, and no more. Officers of Philippine Scouts retired under the provisions of this section shall not form part of the limited retired li:t now authorized by law. Id.
339e. Same--Retirement of Bernard A. Schaaf, late a lieutenant of; credit for continuous service.-The President of the United States is hereby authorized to place Bernard A. Schaaf, formerly first sergeant of Company K, Eighth Regiment United States Infantry, and later a lieutenant of Philippine Scouts, on the retired list of the Army with the rank, pay, and allowance of a master signal electrician: Provided, That in computing the soldier's pay credit shall be given for all his continuous service in the Army. Act of Feb. 8, 1917 (39 Stat, 900).
PORTO RICA REGIMENT OF INFANTRY.
341a. Organization same as Infantry regiment of Regular Army. The Porto Rico Regiment of Infantry of the United States Army shall hereafter have the same organization, and the same grades and numbers of commissioned oflicers and enlisted men, as are by this Act or shall hereafter be prescribed by law for other regiments of Infantry of the Army. Sec. 21, act of June 3, 1916 (39 Stat. 180).
1 The Porto Rico Regiment of Infantry is a component part of the Regular Army. Consequently, temporary vacancies therein resulting from the appointment of officers to higher grades in the forces other than the Regular Army are to be filled, as provided by section 8 of the act of May 18, 1917, by temporary promotions and appointments according to seniority in rank of oflicers holding commissions in the next lower in said regiment. (War Dept. Bull. 75, Dec. 31, 1917.).
343a. Citizenship of enlisted personnel, and term of enlistment.All men hereafter enlisting in said regiment shall be natives of Porto Rico. All enlistments in the regiment shall hereafter be the same as is provided herein for the Regular Army, and the regiment, or any part thereof, may be ordered for service outside the island of Porto Rico. The pay and allowances of members of said regiment shall be the same as provided by law for oflicers and enlisted men of like grades in the Regular Army. Id. 181.
345a. Colonel to be detailed from Infantry arm. The colonel of said regiment shall be detailed by the President, from among officers of Infantry of the Army not below the grade of lieutenant colonel, for a period of four years unless sooner relieved. Id.
345b. Vacancies in grades of lieutenant colonel and major, how filled; captains and lieutenants eligible for details, transfers, etc.Vacancies created by this Act in the grades of lieutenant colonel and major in said regiment shall be filled by appointments from the senior captains in regimental rank of the Porto Rico regiment mentioned in the Act of March fourth, nineteen hundred and fifteen; and captains and lieutenants of said regiment shall also be eligible for such detached service,2 transfer, or assignment to duty with other organizations as may be approved by the Secretary of War; but vacancies created by such detachment of officers shall not be filled by promotions or appointments. Id.
346a. Permanent captains in, to be recommissioned as captains of Infantry, United States Army.—The permanent captains of the
See paragraphs 346a, 316h, and 346€, post.
Upon reference to the Judge Advocate General for opinion as to the eligibility of a first lieutenant of the Porto Rico Regiment of Infantry for detail as a student oflicer in the Ordnance Department under section 21 of the nationaldefense act of June 3, 1916, providing that captains and lieutenants of said regiinent shall also be eligible for such detached service, transfer, or proniotion to duty with other organizations as may be approved by the Secretary of War; but vacancies created by such appointments of officers shall not be filled by promotions or appointments.”
Itell, that as section 12 of the same act clearly contemplates that lieutenants detailed as student oflicers in the establishments of the Ordnance Department shall be eligible, if they satisfactorily complete the course of instruction, for detail to fill vacancies in the Ordnance Department for the period of four years and for redtail for like periods during their commissioned service, and provides also that vacancies resulting from details to vacancies in the Ordnance Department shall be filled by promotion or appointment, while, as to details for detached service of captains and lieutenants of the Porto Rico Regiment it is expressly provided that they shall not be filled by promotion or appointment, it must be held that such oflicers of said regiment are not eligible for detail to vacancies in the Ordnance Department or for detail as silent ollicers in the ordnance establishments for the reason that such den tails contemplate eligibility for subsequent details in the ordnance establishment.
Icta further, that the provisions of section 21 would be given reasonable effect by limiting their operation to details for detached service other than the filling of vacancies in respect to which the law provides that details thereto shall create vacancies to be filled by promotion or appointment. War Dept. Bull. 18, Apr. 6, 1917.)
Porto Rico Regiment of Infantry now holding commissions as such in said regiment shall be recommissioned as captains of Infantry of the United States Army, to take rank on the lineal list of officers of Infantry immediately after the junior officers of the same grade whose total commissioned service equals or exceeds theirs. Act of Mar. 4, 1915 (38 Stat. 1070).
346b. Same-Lineal and relative rank as captains of Infantry.Those officers of the Porto Rico Regiment of Infantry, recommissioned as captains of Infantry, whose total commissioned service is less than that of any officer of Infantry of the next lower grade, shall not advance on the lineal list of captains of Infantry, nor on the relative list of officers of the United States Army, until such time as there no longer remains on the lineal list of officers of Infantry any officer of the next lower grade of equal or greater length of total commissioned service and shall take rank in the grade of captain on the lineal list of officers of Infantry and on the relative list of officers of the United States Army immediately after the juniors in rank of such officers of Infantry of equal or greater total commissioned service. Id.
346c. Same-Commissioned service to be counted in determining lineal and relative rank. For the purpose of this act total commissioned service shall include commissioned service in the Regular Army, in the Volunteers, in the Porto Rico Provisional Regiment of Infantry, and in the Porto Rico Regiment of Infantry, and that the commissioned service of those officers of the Porto Rico Regiment of Infantry who were officers of the Porto Rico Provisional Regiment of Infantry, shall be counted as continuous and uninterrupted between the twenty-ninth day of June, nineteen hundred and eight, and the thirty-first day of December, nineteen hundred and eight. Id.
346d. Lineal and relative rank of officers who held commissions in the Provisional Regiment on June 30, 1908.- Officers of the Porto Rico Regiment of Infantry, United States Army, who held commissions in the Porto Rico Provisional Regiment of Infantry on June thirtieth, nineteen hundred and eight, shall now and hereafter take rank in their grades in the same relative order held by them in said Porto Rico Provisional Regiment of Infantry on June thirtieth, nineteen hundred and eight, subject to any loss in rank due to failure to pass examinations for promotion or to sentence of court-martial. Sec. 21, act of June 3, 1916 (39 Stat. 181).
347a. Second lieutenants, appointment of.-Vacancies created by this Act or occurring hereafter in the grade of second lieutenant in said regiment shall be filled during any calendar year by the appoint. ment by the President, by and with the advice and consent of the Senate, of any native of Porto Rico graduated from the United States Military Academy, and, after such appointment shall have been made or provided for, by like appointment of native citizens of Porto Rico between twenty-one and twenty-seven years of age. Id.
348a. Promotion to fill vacancies between grades of second lieutenant and colonel.-All vacancies created by this Act or occurring hereafter in commissioned offices of said regiment above the grade of second lieutenant and below the grade of colonel shall, except as hereinafter provided to the contrary, be filled by promotion according to seniority in the several grades and within the regiment, subject to the examination prescribed by section three of the Act of Congress approved October first, eighteen hundred and ninety, and said section is hereby extended so as to apply in the cases of all officers below the grade of lieutenant colonel, who shall hereafter be examined for promotion in the Porto Rico Regiment of Infantry, except that the President may prescribe such a system of examination for the promotion of officers of said regiment as he may deem advisable. Id. 180.
*Paragraph 830, or 26 Stat. 562