Images de page
PDF
ePub

PROPOSED BILL

EXISTING LAW

officers in the said grades of second lieutenant and first lieutenant, respectively, who shall have completed the said respective periods of service on or before the effective date of this Act shall be so promoted as of said date: Provided, That no officers shall be promoted, under the provisions of this paragraph, in advance of any officer in the same grade whose name appears above his on the promotion list.

The proposed law removes restrictions on the numbers in the grades of captain, first lieutenant, and second lieutenant and provides automatic promotion of second lieutenants to first lieutenants after three years' commissioned service and promotion of first lieutenants to captains after seven years' commissioned service in that grade or ten years in all. The ideal time for second lieutenants and first lieutenants to reach the next higher grades, respectively, is as above.

PROPOSED BILL

EXISTING LAW

SEC. 4. General officers of the line, Section 10, National Defense Act as chiefs and assistant chiefs of branches, amended, prescribes that an officer of and all nonpromotion-list officers shall the Medical Corps shall be promoted continue to be appointed and promoted to the grade of captain after 3 years' as now authorized by law, except that service, to the grade of major after 12 officers of the Veterinary Corps of the years' service, to the grade of lieutenant Medical Department shall be promoted colonel after 20 years' service, and to to, and chaplains shall be given the the grade of colonel after 26 years' rank, pay, and allowances of, the service. respective grades to and including that Section 10, National Defense Act, as of colonel upon completion of the same amended, prescribes that an officer of respective periods of service prescribed the Veterinary Corps shall be promoted by law in force on June 30, 1935, for to the grade of first lieutenant after 3 officers of the Medical Corps.

years' service, to the grade of captian after 7 years' service, to the grade of major after 14 years' service, to the grade of lieutenant-colonel after 20 years' service, and to the grade of colonel after 26 years' service.

Section 15, National Defense Act as amended, provides that chaplains shall have the rank, pay, and allowances

ccording to length of active commissioned service as follows: Less than 5 years, first lieutenant; 5 to 14 years, captain; 14 to 20 years, major; over 20 years,

lieutenant colonel. One chaplain, of rank not below that of major, may be appointed to serve as chief of chaplains for 4 years and shall have the rank, pay, and allowances of

colonel while so serving. The proposed law places veterinary officers and chaplains on same basis, in respect to promotion and appointment, as officers of the Medical Corps.

PROPOSED BILL

EXISTING LAW

[ocr errors]

EXISTING LAW

[ocr errors]

Section 4 (continued).

Section 24e, National Defense Act From and after the effective date of as amended, provides that appointthis act original appointments in the ments in the Medical and Dental Corps Veterinary Corps shall be made in the shall be made in the grade of first grade of first lieutenant from reserve lieutenant from reserve medical and veterinary officers between the ages of dental officers, respectively, between the twenty-three and thirty-two years, and ages of twenty-three and thirtyofficers serving in that Corps on the years and in the Veterinary Corps in effective date of this act in the grade of the grade of second lieutenant from second lieutenant shall be promoted to reserve veterinary officers between the the grade of first lieutenant as of said ages of 21 and 30 years. date.

The proposed law places veterinary officers on the same basis with respect to age and rank at appointment as officers of the Medical Corps.

PROPOSED BILL Sec. 5. Any officer on the active list When an officer has been thirty years of the Regular Army or Philippine in the service, he may, upon his own Scouts who, on the effective date of application, in the discretion of the this Act or at any time thereafter, President, be so retired and placed on shall have completed not less than the retired list (RS 1243; U. S. C. fifteen nor

more than twenty-nine 10:943). years' service may upon his own When an officer has served forty application he retired in the discretion years either as an officer or soldier of the President with annual pay equal in the regular or volunteer service, or to the product of 274 per centum of both, he shall, if he make application his active duty annual pay at the time therefor to the President, be retired of his retirement, multiplied by a from active service and placed on the number equal to the years of his active retired list. (22 Stat. 118; U. S. C. service not in excess of twenty-nine 10:942.) years: Provided, That the number of years of service to be credited in computing the right to retirement and retirement pay under this section shall include all service now or hereafter credited for active-duty pay purposes, any fractional part of a year amounting to six months or more to be counted as a complete year.

Voluntary retirement with reasonable compensation, upon completion of not less than 15 nor more than 29 years' commissioned service, will stimulate the flow of promotion and will be in the interest of the officer and of the Government. The provisions of existing law permitting voluntary retirement, in the discretion of the President, upon completion of 30 years' commissioned service and as a right upon completion of 40 years' commissioned service are not changed by the proposed law.

PROPOSED BILL Section 5 (continued).

There is no existing law on this Any officer of the Regular Army or subject. Philippine Scouts below the grade of major, who served as a commissioned officer in the Army of the United States prior to November 12, 1918, and whose application for retirement under the provisions of this section has been approved by the President shall be retired in the grade of major with retired pay computed as herein before provided as for a major with the same length of service.

EXISTING LAW

EXISTING LAW

[ocr errors]
[ocr errors]

*

*

*

This provision is in the interest of World War veterans. In the event of the passage of the proposed law, no World War officer will be serving below the grade of captain, and by November 11, 1935, under existing law, every such officer will have completed 17 or more years' service and will be drawing the pay of major or above.

PROPOSED BILL Section 5 (continued).

All commissioned officers who served Nothing in this Act shall operate to in the Army, Navy, Marine Corps, deprive any officer of the retired rank and/or Coast Guard of the United to which he is now entitled under the States during the World War, and who provisions of law.

have been or may be hereafter retired according to law,

shall be advanced in rank on the retired list to the highest grade held by them during the World War. Act of June 21, 1930 (46 Stat. 793; U.S. C.

10:1028a). The provision of the proposed law saves to certain classes of officers retired rights as to rank under existing law.

PROPOSED BILL Section 5 (continued).

Section 24, National Defense Act as Any officer originally appointed as of amended, provides that any officer July 1, 1920, at an age greater than originally appointed under the proforty-five years, may if he so elects, in visions of that act at an age greater lieu of retired pay at the rate hereinbe than 45 years shall, when retired, refore provided, receive retired pay at the ceive retired pay at the rate of 4 perrate of 4 per centum of active duty pay cent of active pay for each complete for each complete year of commissioned year of commissioned service in the service in the United States Army, the United States Army, the total to be not total to be not more than 75 percent. more than 75 percent.

The proposed law permits an officer originally appointed at an age greater than 45 years to retire upon completion of not less than 15 nor more than 29 years' commissioned service, with the same percent of active pay for each complete year of commissioned service as now provided by law.

EXISTING LAW

PROPOSED BILL

EXISTING LAW

Section 5 (continued).

The limited retired list shall hereAll officers retired under the provin after consist of three hundred and fifty sions of this section shall be placed on (Act of February 16, 1891, 26 Statutes the unlimited retired list.

763; United States Code 10:1021): Provided, That officers on the limited list shall be transferred to the unlimited list on reaching the age of sixty-four years and that officers retired by special acts of Congress shall not form part of the limited list.

Officers retired at sixty-two years of age or after forty-five years' commissioned service, entirely at the discretion of the President are placed on the limited retired list. (Section 1244, Revised Statutes.)

Officers retired after thirty years' service, at discretion of the President, and at their own request, are placed on the limited retired list. (Section 1243,

Revised Statutes.) The proposed law encourages retirement in the interest of accelerated promotion flow and no restrictions should be imposed other than at the discretion of the President.

PROPOSED BILL

EXISTING LAW

Sec. 6. The seventh paragraph of The seventh paragraph of section section 127a of the Act of June 4, 1920 1278 of the Act of June 4, 1920, as (41 Stat. 771) U. S. C. 10:553, as amended, provides that, amended, is hereby further amended by “In time of war any officer of the adding the following:

Regular Army may be appointed to “Temporary appointments to higher higher temporary grade without vacatrank, not above that of colonel, may ing his permanent appointment. In likewise be made in time of peace, under time of war any officer of the Regular such regulations as the President may Army appointed to higher temporary prescribe, but such appointments shall grade, and all other persons appointed, confer no right to exercise command, as officers, shall be appointed and comtake precedence, or receive pay or missioned in the Army of the United allowances prior to the recognition of a States. Such appointments in grades state of war, and on such recognition, below that of brigadier general shall be they shall be in full force and effect, made by the President alone, and carrying rank from date of appoint general officers by and with the advice ment."

and consent of the Senate: Provided, That an appointment, other than that of a member of the Regular Army made in time of war, shall continue until six months after its termination, and an officer appointed in time of war shall be entitled to be relieved from active Federal service within six months after its termination if he makes application

therefor." The proposed bill provides, in the discretion of the President, for each promotion-list officer the rank suitable for his mobilization assignment determined in time of peace for mobilization day. The purpose is to avoid retarding mobilization by eliminating much of the administrative procedure incident to the appointment of officers on and after mobilization day.

PROPOSED BILL

EXISTING LAW

Sec. 7. Nothing in this Act shall be The Act of July 2, 1926 (44 Stat. 780; deemed to apply to temporary advance- U. S. C., Supp. III, 19:292a) provides ments in rank of commissioned officers that the Secretary of War is hereby of the Air Corps as authorized in the authorized to assign, under such reguAct of July 2, 1926 (44 Stat. 780; U. S. lations as he may prescribe, officers of C., Supp. III, 19:292a) and officers tem- the Air Corps to flying commands porarily advanced in rank under the including wings, groups, squadrons, provisions of said Act shall be counted flights, schools, important air stations, only in the grade in which they hold and to the staffs of commanders of permanent commissions in computing troops, which assignment shall carry the numbers in such grades.

with it temporary rank, including pay and allowances appropriate to such rank, as determined by the Secretary of War, for the period of such assignment: Provided, That such temporary rank is limited to two grades above the permanent rank of the officer appointed: Provided further, That officer shall be temporarily advanced in rank as contemplated in this section unless the Chief of the Air Corps certifies that no officers of suitable permannent rank are available for the duty requiring the increased rank: And provided further, That no officer holding temporary rank under the provisions of this section shall be eligible to command outside of his own corps except by seniority under his permanent commis sion.

no

The provisions of existing law remain unchanged.

PROPOSED BILL

EXISTING LAW

Sec. 8. All existing law governing the termination of active service of officers shall continue in full force and effect, except as herein modified.

This section is self-explanatory.

PROPOSED BILL

SEC. 9. This Act shall be effective on and after July 1, 1935, and all laws and parts of laws, insofar as they are inconsistent with or in conflict with any of the provisions hereof, are hereby repealed as of that date.

This section fixes the effective date of the act and contains the usual repealing clause as to conflicting and inconsistent statutes.

« PrécédentContinuer »