By 10, ante, an officer below the rank of brigadier general appointed Chief of Field 28. Coast Artillery Corps; composition and organization, * * On and after July 1, 1939 * ** commissioned officers, other than general officers, shall be assigned to the several branches as follows: * * * Coast Artillery Corps, one thousand three hundred and forty-one; *** Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b. The above provision is added as a new paragraph of this section. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men for the duration of the war, see 134, post. By 10, ante, an officer below the rank of brigadier general appointed Chief of Coast Artillery is at the same time to be appointed a permanent brigadier general of the line. The functions, duties and powers of the Chief of Coast Artillery relating to procurement. storage, and issue were transferred to the Commanding General, Services of Supply (now Commanding General, Army Service Forces), and those relating to other matters were transferred to the Commanding General, Army Ground Forces, by Executive Order No. 9082, February 28, 1942, set forth under 2255, post. 29. Coast Artillery Corps; Army Mine Planter Service. * That hereafter the authorized personnel of the Army Mine Planter Service shall comprise, for each Army mine planter in service or under construction, one master, one first mate, one second mate, one chief engineer, one assistant engineer, and one second assistant engineer, who shall be warrant officers appointed by and holding their offices at the discretion of the Secretary of War, and such enlisted men of the Coast Artillery Corps as the Secretary of War shall prescribe from time to time: Provided, That the maximum authorized numbers of warrant officers and enlisted men of the Coast Artillery Corps are hereby increased by the numbers of additional warrant officers and enlisted men authorized by this section: Provided further, That when the number of Army mine planters in service and under construction exceeds fourteen, the Secretary of War may, in his discretion, and to such extent as he may deem proper, make temporary appointments of the additional warrant officers required for the additional mine planters: Provided further, That members of the Army Mine Planter Service appointed as temporary warrant officers shall, while serving as such, have the rank, pay, allowances, and retirement privileges of the grade and ratings to which they are temporarily appointed, and upon termination of their temporary appointments as warrant officers shall revert to the grades from which they were appointed, without loss of seniority, credit for continuous service, or any other right or privilege, by reason of their service as temporary warrant officers: * * Act of Oct. 15, 1940 (54 Stat. 1177); 10 U. S. C. 274, 272, 277. * The above provision is added as a new paragraph of this section. It apparently superaedes the original text, based on Chapter IX, act of July 9, 1918 (40 Stat. 881); 10 U. S. C. 274. For relative rank of warrant officer, Army Mine Planter Service, see 294, post. For pay and allowances, see 1376a, post. For appointment, temporary appointment, and discharge of chief warrant officers and warrant officers (junior grade) established by act of August 21, 1941, see 131a, 131b, post. The act of October 15, 1940, supra, providing for temporary appointments of warrant officers in the Army Mine Planter Service, is continued in force by act of August 21, 1941, post, 131e. 30. Air Corps; designation, composition, and organization. * * ** * There is hereby created an Air Corps. The Air Corps shall consist of one Chief of the Air Corps, with the rank of major general; three assistants, with the rank of brigadier general; one thousand five hundred and fourteen officers in grades from colonel to second lieutenant, inclusive; and forty-fi thousand enlisted men, including not to exceed two thousand five hundred flying cadets, such part of whom as the President may direct being formed into tactical units or bands, organized as he may prescribe: Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 780); act of June 11, 1938 (52 Stat. 641); sec. 9, act of Apr. 3, 1939 (53 Stat. 559); 10 U. S. C. 291. * * On and after July 1, 1939 *** commissioned officers, other than general officers, shall be assigned to the several branches as follows: * Air Corps, three thousand two hundred and three exclusive of officers detailed from other arms and services for training and duty as aircraft observers and other members of combat crews; *** Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b. *** Provided further, That the appropriations contained in this Act shall not be subject to the limitations contained in section 13a of the National Defense Act, as amended (10 U. S. C. 291), as to the number of enlisted men and flying cadets in the Army Air Corps: *** Sec. 1, Military Appropriation Act of June 13, 1940 (54 Stat. 355). The second paragraph of the original text of this section was amended as indicated in first provision, supra. It was affected as to number of officers by the second provision, supra, which superseded the third paragraph of the original text based on act of April 13, 1938 (52 Stat. 216); 10 U. S. C. 291. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men for the duration of the war, see 134, post. The functions, duties and powers of the Commanding General, General Headquarters Air Force (Air Force Combat Command) and of the Chief of the Air Corps were transferred to the Commanding General, Army Air Forces, by Executive Order No. 9082, February 28, 1942, set forth under 2255, post. All limitations with respect to the number of flying cadets in the Army Air Corps were suspended for the fiscal year 1941 by section 2 (a), act of July 2, 1940, post, 1354, and for the fiscal year 1942 by Military Appropriation Act of June 30, 1941 (55 Stat. 369). For suspension of provisions limiting number of aviation cadets for the duration of the war and six months thereafter, see 35a-3, post. By 35a-1, post, the grade of "aviation cadet" was substituted for the grade of "flying cadet." For transportation of non-military passengers and cargoes by Air Transport Command, see note to 2198, post. * * 32. Air Corps; flying officers defined.Provided further, That a flying officer is defined as one who has received an aeronautical rating as a pilot of service types of aircraft or one who has received an aeronautical rating as an aircraft observer or as any other member of a combat crew under such regulations as the Secretary of War may prescribe. *** Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 781); sec. 3, act of June 16, 1936 (49 Stat. 1524); act of Oct. 4, 1940 (54 Stat. 963); 10 U. S. C. 291c. * * * Provided further, That, during the continuance of the present war and for six months after the termination thereof, a flying officer as defined under existing law shall include flight surgeons, and commissioned officers or warrant officers while undergoing flying training: * * * Military Appropriation Act of July 2, 1942 (56 Stat. 612); 10 U. S. C. 291c-1. The original text of this section has been amended as indicated by the first provision, supra. The second provision, supra, is added as a new paragraph, and has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 575). 33. Air Corps; flying officers in time of war defined. For later and more general definition of "flying officer," see 32, ante. 35. Air Corps; flying cadets. The first paragraph of the original text of this section, based on act of July 11, 1919 (41 Stat. 109); 10 U. S. C. 297, is superseded by 35a-1, post. 35a-1. Air Corps; aviation cadets; establishment of grade.-That the grade of aviation cadet is hereby created as a special and separate enlisted grade in the Air Corps, Regular Army, in substitution for the grade of flying cadet, created by the Act approved July 11, 1919, entitled "An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1920, and for other purposes". Wherever, in any Act of Congress, the designation "flying cadet" shall appear it shall be construed to mean aviation cadet. Sec. 1, act of June 3, 1941 (55 Stat. 239); 10 U. S. C. 297a. 35a-2. Air Corps; aviation cadets; schools for training.-The Secretary of War is hereby authorized and directed to establish and maintain one or more schools for the training and instruction of aviation cadets. Sec. 2, act of June 3, 1941 (55 Stat. 239); 10 U. S. C. 296a. 35a-3. Air Corps; aviation cadets; enlistment, appointment, commission, and discharge.-Under such regulations as the Secretary of War may prescribe, male citizens of the United States may enlist as aviation cadets, and enlisted men in the Regular Army may be appointed by the Secretary of War as aviation cadets. Each aviation cadet shall, at the time of his enlistment or appointment as such, be required to sign an agreement that upon his successful completion of the prescribed course of training and instruction as an aviation cadet he will accept a commission as second lieutenant, Air Corps Reserve, and will serve as such for a continuous period of three years on active duty, unless sooner released: Provided, That in the case of a minor, such agreement shall be signed with the consent of his parents or guardian. Upon the successful completion of such prescribed course of training and instruction, each aviation cadet shall be commissioned as a second lieutenant, Air Corps Reserve, and upon the completion of such period of three years on active duty each such second lieutenant shall be promoted to the grade of first lieutenant, Air Corps Reserve. The Secretary of War may at any time discharge any aviation cadet or release from active duty any such officer in the Air Corps Reserve. Sec. 3, act of June 3, 1941 (55 Stat. 239); 10 U. S. C. 299. The provisions of section 3 of the Army Aviation Cadet Act of June 3, 1941, are hereby suspended for the duration of the present war and for six months thereafter except as to any person who has enlisted or who has been appointed as an aviation cadet prior to the date of enactment of this Act. During such period and under such regulations as the Secretary of War may prescribe, male citizens of the United States may enlist as aviation cadets and men having an enlisted status in the Army of the United States may be appointed by the Secretary of War as aviation cadets. All enlistments shall be for the period of the duration of the present war and for six months thereafter unless sooner terminated by the President. Upon successful completion of the prescribed course of training and instruction and under such regulations with respect to selection as the Secretary of War may prescribe, each such cadet shall be commissioned as a second lieutenant in the Army of the United States under the provisions of the Act of September 22, 1941 (Public Law 252, Seventy-seventh Congress), or appointed as a flight officer in the Army of the United States. Under such 646631°-45- -3 regulations as the Secretary of War may prescribe, the status, pay, and allowances of any aviation cadet who fails to complete successfully the prescribed course of training and instruction may be terminated and for the remainder of the war and six months thereafter he may be required to serve in any enlisted grade with the pay and allowances of such grade. Sec. 2, Flight Officer Act of July 8, 1942 (56 Stat. 649); 10 U. S. C. 299b. For act of September 22, 1941, see 2160a, post. By section 2, act of June 5, 1942 (56 Stat. 314); 50 U. S. C. App. 762, all provisions of existing law limiting the number of aviation cadets in the Army Air Corps were suspended for the duration of the war and six months thereafter. 35a-4. Air Corps; aviation cadets; pay and allowances.-The base pay of any aviation cadet shall be $75 per month, which pay shall include extra pay for flying risk, as provided by law. Aviation cadets shall be paid, in addition, a money allowance for subsistence of $1 per day and shall, while undergoing training, be furnished quarters, medical care, and hospitalization and shall be issued uniforms, clothing, and equipment at Government expense. No aviation cadet shall be entitled to receive longevity pay. While traveling under orders, they shall, under such regulations as the Secretary of War may prescribe, receive transportation and reimbursement for necessary expenses incurred which are incident to such travel, or cash in lieu thereof. When traveling by air under competent orders, they shall receive the same allowances for traveling expenses as are now or may hereafter be authorized by law for officers of the Army. Any person appointed as a flight officer in the Army of the United States shall be entitled at the time of such appointment to an allowance of $150 for uniforms. Sec. 4, act of June 3, 1941 (55 Stat. 240); sec. 6, Flight Officer Act of July 8, 1942 (56 Stat. 650); 10 U. S. C. 303, 304, 804a, 304b. The last sentence of this section relating to uniform allowance of flight officers was superseded by 2165d-2, post. Actual expenses or per diem in lieu thereof is provided for aviation cadets traveling by air under competent orders, by 1371c-12 (3), post. 35a-5. Air Corps; aviation cadets; National service life insurance.-Aviation cadets who are undergoing courses of instruction which require them to participate regularly and frequently in aerial flights shall be issued insurance in the amount of $10,000 under the National Service Life Insurance Act of 1940 (54 Stat. 1008), as amended, except that the premiums shall be paid by the Government. Upon being commissioned as second lieutenants or appointed as flight officers and until permanently relieved from duty involving participation in regular and frequent aerial flights, the insurance provided for aviation cadets or aviation students under this or other existing law shall continue but the premiums shall be deducted from the pay of the individual concerned and paid, as the Secretary of War may direct, to the Administrator of Veterans' Affairs. Upon being permanently relieved from duty involving participation in regular and frequent aerial flights, release from active duty, or discharge, the insurance of aviation cadets, flight officers, and officers may be continued at the option and at the expense of the individual concerned. Sec. 5, act of June 3, 1941 (55 Stat. 240); sec. 7, Flight Officer Act of July 8, 1942 (56 Stat. 650); 10 U. S. C. 308a. That any person granted national service life insurance under Public Law 97 and Public Law 99, Seventy-seventh Congress, approved June 3, 1941, shall be deemed to have continued such insurance in force by payment of premiums whether or not such premiums were or were not paid so long as he remains in active military service as a commissioned officer and not permanently relieved from duty involving participation in regular and frequent aerial flights: Provided, That any premiums due and unpaid at the death of such person whose insurance is deemed to have been in force under the provisions of this section shall constitute a lien against the proceeds of such insurance. Sec. 1, act of Sept. 30, 1944 (58 Stat. 764); 38 U.S. C. 819. Public Law 97, to which reference is made in the text of the second paragraph, supra, refers to section 5, act of June 3, 1941, supra, and Public Law 99, supra, refers to 173, post. For payment of national service life insurance in case of death of aviation cadets from aviation accident between October 8, 1940 and the date of this act, see 1070b, post. 35a-7. Air Corps; aviation cadets; repeal of inconsistent acts.-All laws and parts of laws inconsistent with or in conflict with the provisions of this Act are hereby repealed. Sec. 7, act of June 3, 1941 (55 Stat. 240). 35b-1. Air Corps; flight officers; establishment of grade, rank, pay and allowances.-That there is hereby created for the Army Air Forces the title of “flight officer." A flight officer shall have the rank, pay, and allowances, provided for a warrant officer, junior grade, and shall take rank as of the date of appointment. Flight officers shall be entitled to the benefits of all existing laws or regulations covering retirement, pensions, and disability as are applicable to members of the Army of the United States when called or ordered into the active military service of the United States under existing statutory authorizations and shall be entitled to longevity pay as provided for warrant officers in section 1 of the Act of August 21, 1941 (Public Law 230, Seventy-seventh Congress). Flight officers (warrant officers, junior grade) appointed under this authority shall not be limited by the restriction as to numbers established by section 3 of the Act of August 21, 1941 (Public Law 230, Seventy-seventh Congress). Sec. 1, Flight Officer Act of July 8, 1942 (56 Stat. 649); 10 U. S. C. 299a. For sections 1 and 3, act of August 21, 1941, see 1376b, 131b, post, respectively. As to longevity pay of warrant officers, section 1, act of August 21, 1941, was superseded by the Pay Readjustment Act, post, 1371c-8. 35b-3. Air Corps; flight officers; temporary appointments.-During the continuance of the present war and for six months thereafter, the Secretary of War is authorized, under such regulations as he may prescribe, to make temporary appointments as flight officers in the Army of the United States from among men having an enlisted status in the Army of the United States who have received training as aviation students. Sec. 3, Flight Officer Act of July 8, 1942 (56 Stat. 649); 10 U. S. C. 299c. 35b-4. Air Corps; flight officers; commissions in Army of the United States. Pursuant to such regulations as the Secretary of War may prescribe, flight officers may be appointed, by selection, to the grade of second lieutenant and, upon such appointment, shall be commissioned in the Army of the United States under the provisions of the Act of September 22, 1941 (Public Law 252, Seventy-seventh Congress). Sec. 4, Flight Officer Act of July 8, 1942 (56 Stat. 649); 10 U. S. C. 299d. For Act of September 22, 1941 (Public Law 252, Seventy-seventh Congress), to which reference is made in the text, supra, see 2160a, post. 35b-5. Air Corps; flight officers; commissions in Air Corps Reserve.—Any person, who has completed the prescribed course of training and instruction as an aviation cadet or aviation student and has served in time of war as a commissioned officer or flight officer in the Army of the United States, may, under such regulations as the Secretary of War may prescribe, be appointed |