Gambar halaman
PDF
ePub

The length of term of service as a cadet prior to graduation is added to the list of matters specifically determined by the Secretary. The period of required service after graduation is increased from 3 to 4 years, to attain uniformity with the other service academies.

SECTION 183-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15 (June 23, 1906, ch. 3520, § 2, 34 Stat. 452; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 3, 1926, ch. 742, § 6, 44 Stat. 816; July 30, 1937, ch. 545, § 5, 50 Stat. 549). Said section has been divided. That part dealing with clothing allowance for cadets is placed in this section and the other parts are incorporated in section 182 of this title.

Minor changes in phraseology were made.

SECTION 184-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15a (May 25, 1933, ch. 37, 48 Stat. 73; July 8, 1937, ch. 447, 50 Stat. 477; Aug. 9, 1946, ch. 928, 60 Stat. 961).

Changes in phraseology were made inasmuch as the Academy is now accredited by the Association of American Universities. It was not so accredited when the section was enacted.

Inasmuch as the acts cited above apply equally to the Military Academy and the Naval Academy, as well as the Coast Guard Academy, they are not scheduled for repeal but are being amended by section 12 of this act to eliminate reference to the Coast Guard.

SECTION 185-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15a-1 (May 25, 1943, ch. 99, 57 Stat. 84).

Said section has been divided. The proviso is incorporated in section 182 of this title. The other part is incorporated in this section. The last sentence of this section is new as a statute; it makes statutory what has been the practice of years, and is similar to the third sentence of title 34, U. S. C., 1946 ed., § 1057, applicable to graduates of the Naval Academy.

SECTION 186-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15d (Apr. 16, 1937, ch. 107, § 3, 50 Stat. 67; May 2, 1942, ch. 273, 56 Stat. 265).

The last sentence is new and is inserted to permit adjustment of the work load and leave schedule of Academy faculty members due to the peculiarity of the academic schedule.

Changes in phraseology were made.

THE LAST SENTENCE OF THIS SECTION IS NEW, BEING INCLUDED IN

ORDER TO ALLOW FOR ADJUSTING THE WORKING TIME AND LEAVE OF CIVILIAN INSTRUCTORS IN CONFORMITY WITH THE ACADEMIC TERMS AT THE ACADEMY. THE WORK LOAD OF AN INSTRUCTOR VARIES GREATLY, AND FLEXIBILITY IN ADMINISTRATION OF A FACULTY IS THEREFORE ESSENTIAL. THE LEAVE PROVIDED FOR CIVIL SERVICE EMPLOYEES DOES NOT FIT THE NEEDS OF AN INSTRUCTION STAFF, AND THIS HAS BEEN A SOURCE OF DIFFICULTY IN THE PAST. THIS NEW PROVISION

WOULD PERMIT LEAVE DURING THE SUMMER AND BETWEEN ACADEMIC TERMS WITHOUT DEDUCTION FROM PAY, AND, IT IS CONTEMPLATED, at NO OTHER TIME.

SECTION 187-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 15b, 15c (Apr. 16, 1937, ch. 107, §§ 1, 2, 50 Stat. 66; May 2, 1942, ch. 273, 56 Stat. 265).

Section 15b of title 14, U. S. C., 1946 ed., has been divided. Part of the provisions of the first sentence is placed in this section, while other provisions are placed in section 188 of this title.

Section 15c of title 14, U. S. C., 1946 ed., has been divided. The last sentence is incorporated in this section, while the other provisions are placed in section 189 of this title.

The composition of the teaching staff at the Academy is changed materially on the recommendation of the Academic Board and the Advisory Committee. The scope of duty of members of the staff is enlarged to include whatever the Commandant prescribes.

TITLE 14, U. S. C., 1946 ED., § 15b PROVIDES FOR FIVE PROFESSORS

AS HEADS OR ASSISTANT HEADS OF DEPARTMENTS AT THE ACADEMY. THE ACADEMIC BOARD OF THE ACADEMY AND THE ADVISORY COMMITTEE, AFTER EXTENSIVE STUDY HAVE RECOMMENDED THE CHANGE, AS PROVIDED IN THIS SECTION, TO THREE PROFESSORS AND TWELVE OTHERS ON THE PERMANENT TEACHING STAFF, WITH DESIGNATIONS TO CONFORM GENERALLY WITH THE DESIGNATIONS AND GRADES OF FACULTY

MEMBERS AT OTHER UNIVERSITIES. THE LIBRARIAN IS GIVEN FACULTY

STATUS BECAUSE OF THE ROLE OF THE LIBRARY AS THE CENTER OF THE MODERN UNIVERSITY; THIS IS IN CONFORMITY WITH THE PRACTICE OF OTHER HIGHER EDUCATIONAL INSTITUTIONS. IT IS BELIEVED THAT THE INCREASED NUMBER OF PERMANENT COMMISSIONED INSTRUCTORS IS JUSTIFIED AND DESIRABLE IN VIEW OF THE EXPANSION OF THE

CADET CORPS AS THE FULL EFFECT OF THE RETURN TO A FOUR-YEAR COURSE IS FELT. IT IS PROBABLE THAT, IN THE NEXT FEW YEARS, THE NUMBER OF CADETS WILL APPROXIMATE 450. THE AVERAGE NUMBER IN THE PAST TWO YEARS HAS BEEN ABOUT 300. THIS NEW SET-UP

FOR THE PERMANENT COMMISSIONED TEACHING STAFF WILL PERMIT DESIRABLE EXCHANGES OF PROFESSORS WITH LEADING UNIVERSITIES, AND OCCASIONAL SABBATICAL LEAVES IN ORDER ΤΟ BETTER THE FACULTY GENERALLY. IT IS POINTED OUT THAT THIS INCREASE IN PERMANENT INSTRUCTORS DOES NOT INCREASE THE AUTHORIZED

NUMBER OF OFFICERS IN THE COAST GUARD, AS THEY ARE ALL IN

CLUDED IN THE LIMITATION PROVIDED IN SECTION 42 OF THIS TITLE. IF A TEACHING POSITION AT THE ACADEMY IS NOT PROVIDED FOR PERMANENTLY IT WILL REQUIRE THE ASSIGNMENT OF AN ADDITIONAL REGULAR OFFICER, SO IT IS APPARENT THAT THE CHANGES PROPOSED IN THIS SECTION DO NOT INCREASE THE SIZE OF THE Service, or tHE EXPENSE, BUT REPRESENT A LONG-RANGE PLAN TO BETTER THE ACADEMY AS A LEADING EDUCATIONAL INSTITUTION WITHIN THE PRESENT, RECOGNIZED, STANDARDS FOR A PROPER UNIVERSITY FACULTY. THE LAST SENTENCE RETAINS THE COMMAND STATUS OF THE PROFESSORS AS PROVIDED IN EXISTING LAW BUT ENLARGES THE FIELD IN WHICH THEY MAY PERFORM DUTY, IN ORDER TO MAKE IT POSSIBLE TO GIVE THEM INTERIM ASSIGNMENTS OTHER THAN AT THE ACADEMY, THUS BROADENING THEIR KNOWLEDGE OF THE SERVICE WHILE STILL ADVANTAGEOUSLY UTILIZING THEIR SERVICES.

SECTION 188-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15b (Apr. 16, 1937, ch. 107, § 1, 50 Stat. 66; May 2, 1942, ch. 273, 56 Stat. 265).

Said section has been divided. That part of the first sentence which provides for the composition of the teaching staff is incorporated in section 187 of this title. The other provisions are incorporated in this section, except for the proviso which has been omitted as no longer needed.

THIS SECTION INCORPORATES THE FOLLOWING CHANGES BECAUSE OF THE NEW PLAN FOR THE PERMANENT TEACHING STAFF: THE PRESIDENT IS AUTHORIZED TO APPOINT A CANDIDATE TO ANY OF THE GRADES PRESCRIBED; AND THE PROBATIONARY TERM, APPLICABLE UNLESS THE CANDIDATE HAS SERVED IN THE COAST GUARD AS PRESCRIBED IN THIS SECTION, IS INCREASED FROM TWO TO FOUR YEARS. AUTHORIZATION

FOR APPOINTMENT IN ANY GRADE IS DEEMED DESIRABLE IN ORDER TO PERMIT THE ACQUISITION OF OUTSTANDING INSTRUCTORS FOR THE STAFF. IT IS BELIEVED THAT THE FORMER TWO YEAR PERIOD WAS TOO SHORT TO FULLY EVALUATE THE CAPABILITIES OF A TEMPORARY APPOINTEE.

SECTION 189-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15c (Apr. 16, 1937, ch. 107, § 2, 50 Stat. 66).

Said section has been divided. The last sentence is incorporated in section 187 of this title. The other provisions are incorporated in this section.

The limitation on grade of professors is raised from Commander to Captain, and other limitations as to grades within the new permanent commissioned teaching staff are established.

THIS SECTION PRESCRIBES THE RELATIVE RANKS FOR THE VARIOUS GRADES IN THE PERMANENT COMMISSIONED TEACHING STAFF, ESTABLISHES THE PAY AS HERETOFORE, AND PROVIDES FOR PROMOTION AS THE SECRETARY SHALL PRESCRIBE.

SECTION 190-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15f (Apr. 16, 1937, ch. 107, § 5, 50 Stat. 67).

The provision prohibiting the retirement of a professor because of physical disability with less than 15 years service is changed to have application only during the temporary appointment of a professor. Changes in phraseology were made.

THIS SECTION PROVIDES FOR THE RETIREMENT OF ASSOCIATE PROFESSORS, ASSISTANT PROFESSORS, AND COMMISSIONED INSTRUCTORS IN ADDITION TO PROFESSORS. IT IS BELIEVED THAT THE PROVISION OF EXISTING LAW REQUIRING 15 YEARS' SERVICE BEFORE BECOMING ELIGIBLE FOR RETIREMENT, DISCRIMINATED AGAINST THIS GROUP OF OFFICERS AS NO OTHER GROUP WAS DISCRIMINATED AGAINST, AND SHOULD BE ELIMINATED. IT WAS CHANGED SO THAT THESE OFFICERS WOULD BE INELIGIBLE FOR RETIREMENT DURING THEIR PROBATIONARY TERM ONLY.

SECTION 191-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15e (Apr. 16, 1937, ch. 107, § 4, 50 Stat. 67).

Changes in phraseology were made in order to adapt the section to the new structure of the permanent commissioned teaching staff.

SECTION 192-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15i (Apr. 16, 1937, ch. 107, § 8, 50 Stat. 67).

Changes in phraseology were made.

SECTION 193-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15g (Apr. 16, 1937, ch. 107, § 6, 50 Stat. 67).

Said section dealing with the Advisory Committee is changed to increase the number of persons thereon to 7, the source from which appointments could be made is broadened to include other than educators, the term of appointment is fixed as 3 years, and provision is made for the appointment of the chairman by the Secretary. Changes in phraseology were made.

THIS SECTION CHANGES EXISTING LAW AS FOLLOWS: THE FIELD FROM WHICH APPOINTMENT MAY BE MADE IS BROADENED, THE LIMIT OF MEMBERSHIP IS INCREASED FROM FIVE TO SEVEN, A PROVISION FOR APPOINTMENT OF A CHAIRMAN BY THE SECRETARY IS ADDED, AND THE TERM OF SERVICE IS ESTABLISHED AS THREE YEARS. IT IS BELIEVED

THAT THE MEMBERSHIP OF NOT TO EXCEED SEVEN WILL PROVIDE
GREATER FLEXIBILITY IN VIEW OF THE NEW THREE YEAR TERM OF
SERVICE, AND WILL PERMIT APPOINTMENT OF A COMMITTEE WITH
WIDER INTERESTS. THE FACT THAT NO TERM OF SERVICE HAS BEEN
PROVIDED FOR HERETOFORE HAS BEEN A SOURCE OF CONFUSION AND
DIFFICULTY AND SOME TERM SHOULD BE SPECIFIED.
THE EXISTING
LAW PROVIDES FOR APPOINTMENT FROM THE FIELD OF EDUCATION;
THIS IS ENLARGED TO INCLUDE OTHER FIELDS RELATING TO PURPOSES

OF THE ACADEMY, IN ORDER, PRIMARILY, 10 PERMIT SELECTION FROM
SHIPPING, BUSINESS, AND INDUSTRY. NO PROVISION HAS BEEN MADE

FOR SELECTION OF A CHAIRMAN HERETOFORE, AND THIS HAS CAUSED SOME UNCERTAINTY IN THE FUNCTIONING OF THE COMMITTEE; ANNUAL

APPOINTMENT SEEMS DESIRABLE.

SECTION 194-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 15h (Apr. 16, 1937, ch. 107, § 7, 50 Stat. 67; July 15, 1939, ch. 288, 53 Stat. 1044).

Changes in phraseology were made.

CHAPTER 11. PERSONNEL

Sec.

COMMISSIONED OFFICERS

221. Filling of vacancies.

222. Promotion of officers to flag rank.

223. Filling of vacancies by promotion.

224. Filling of vacancies by appointment.

225. Permanent appointments.

226. Temporary appointments.

227. Promotion and dismissal of temporary commissioned officers.

228. Appointment of commissioned warrant officers.

229. Revocation of commissions during first three years of commissioned service.

COMMISSIONED OFFICERS-Continued

230. Compulsory retirement at age of sixty-two.

231. Voluntary retirement after thirty years' service.

232. Voluntary retirement after twenty years' service.

233. Retirement for disabilities incident to service.

234. Retirement for failure in physical examination for promotion.

235. Personnel Board; procedure; recommendations.

236. Pay and grade upon involuntary retirement after thirty years' service. 237. Pay and grade upon involuntary retirement after ten years' service.

238. Voluntary retirement when out of line of promotion.

239. Retirement in case of special commendation.

240. Recall to active duty during war or national emergency.

241. Recall to active duty with consent of officer.

242. Relief of retired officer promoted while on active duty.

243. Retirement in cases where higher grade has been held.

244. Resignation when out of line of promotion.

245. Retiring or dropping for disabilities not incident to service. 246. Dropping for disabilities due to vicious habits.

301. Permanent appointments.

302. Temporary appointments.

WARRANT OFFICERS

303. Compulsory retirement at age of sixty-two.

304. Voluntary retirement after thirty years' service.

305. Voluntary retirement after twenty years' service.

306. Retirement for disabilities incident to service.

307. Retirement upon recommendation of Personnel Board.

308. Pay upon involuntary retirement after thirty years' service.

309. Retirement in case of special commendation.

310. Recall to active duty during war or national emergency.

311. Recall to active duty with consent of officer.

312. Relief of retired warrant officer promoted while on active duty.

313. Retirement in cases where higher grade has been held.

314. Retiring or dropping for disabilities not incident to service.

315. Dropping for disabilities due to vicious habits.

351. Enlistments.

352. Promotion.

ENLISTED MEN

353. Compulsory retirement at age of sixty-two.

354. Voluntary retirement after thirty years' service. 355. Voluntary retirement after twenty years' service.

356. Retirement for disabilities incident to service.

357. Enlisted Personnel Board.

358. Limitation of retirements.

359. Recall to active duty during war or national emergency.

360. Recall to active duty with consent of man.

361. Relief of retired man promoted while on active duty.

362. Retirement in cases where higher grade or rating has been held.

363. Retiring or dropping for disabilities not incident to service.

364. Dropping for disabilities due to vicious habits.

365. Extension of enlistments.

366. Retention beyond term of enlistment in case of disability.

367. Detention beyond term of enlistment.

368. Discharge in case of underage enlistment.

369. Inclusion of certain conditions in enlistment contract.

421. Retirement.

GENERAL PROVISIONS

422. Status of recalled personnel.

423. Computation of retired pay.

424. Limitations on retirement and retired pay. 425. Retiring boards.

« SebelumnyaLanjutkan »