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two corporals, two cooks, two horseshoers, two saddlers, two privates, and twenty-one wagoners.

The permanent personnel of a supply company of a regiment of three battallions of the training forces shall consist of one captain, one first lieutenant, on second lieutenant, three regimental supply sergeants, one first sergeant, one mess sergeant, two corporals, two horseshoers, two saddlers, one cook, five wagoners (chauffeurs), and three privates.

The temporary personnel of a supply company of a Field Artillery regiment of the training forces shall consist of such reserve officers and noncommissioned officers as may be attached thereto and of such number of recruits, not exceeding forty-five for a supply company of a two-battalion regiment and not exceeding fifty for a supply company of a three-battalion regiment, as may be available for assignment thereto.

The permanent personnel of each battalion of Field Artillery of the training forces shall consist of one major and one captain. It shall be composed of either two or three gun or howitzer batteries, as the President may direct.

Each Field Artillery regiment, battalion, headquarters company, supply company, and gun or howitzer battery of the first and second reserves shall, as far as practicable, have the organization and personnel equivalent in numbers and grades to that prescribed herein for like units of the oversea garrisons. SEC. 26. COAST ARTILLERY CORPS.-The permanent personnel of the Coast Artillery Corps shall consist of one Chief of Coast Artillery with the rank, pay, and allowances of a major general, twenty-eight colonels, twenty-eight lieutenant colonels, eighty-five majors, four hundred and twenty-three captains, four hundred and twenty-three first lieutenants, four hundred and twentythree second lieutenants, thirty-one sergeants major, senior grade, sixty-four sergeants major, junior grade, sixty-two master gunners, forty-one master electricians, seventy-two engineers, ninety-nine electrician sergeants, first class, two hundred and seventy-five assistant engineers, ninety-nine electrician sergeants, second class, one hundred and six firemen, ninety-three radio sergeants, three hundred and nineteen first sergeants, three hundred and nineteen supply sergeants, three hundred and nineteen mess sergeants, two thousand five hundred and fifty-two sergeants, three thousand eight hundred and twenty-eight corporals, six hundred and thirty-eight cooks, six hundred and thirty-eight mechanics, two hundred and forty-two buglers, two thousand four hundred and forty-eight privates, first class, seven thousand three hundred and fortynine privates, twenty band leaders, twenty assistant band leaders, forty band sergeants, and eight band corporals.

The temporary personnel of the Coast Artillery Corps shall consist of such reserve officers and noncommissioned officers as may be attached thereto and of such number of recruits, not exceeding seventeen thousand, as may be available for assignment thereto.

So much of the permanent commissioned and enlisted personnel enumerated in this section as shall be required therefor, together with the recruits of the temporary personnel, shall be organized into such types of Coast Artillery units of the oversea garrisons, the frontier forces, and the training forces with such organization and personnel as the President may direct: Provided, That the number of Coast Artillery bands organized in either the oversea garrisons or the frontier forces or the training forces, shall not exceed one for every fifteen company units or equivalent organizations actually organized. The Coast Artillery units of the first and second reserves shall be organized in such types and numbers and with such organization and personnel as the President may prescribe.

SEC. 27. All existing laws pertaining to or affecting the United States Military Academy and civilian or military personnel on duty thereat in any capacity whatever, the officers and enlisted men on the retired list, the detached and additional officers under the act of Congress approved June third, nineteen hundred and sixteen, recruiting parties, recruit depots and unassigned recruits, service-school detachments, United States disciplinary barracks guards, disciplinary organizations, the Philippine Scouts, and Indian Scouts shall continue and remain in force, except such parts thereof as are in conflict with the provisions of this act.

SEC. 28. ORIGINAL APPOINTMENTS TO BE PROVISIONAL.-Hereafter all original appointments of persons other than graduates of the United States Military Academy to permanent commissioned grade in the United States Army shall be provisional for a period of two years or temporary for a period of one year, at the close of which period such appointments shall be made permanent in the

grade then held by the appointees if they shall have demonstrated, under regulations to be prescribed by the President, their suitability and moral, professional, and physical fitness for such permanent appointment, but should any appointee fail so to demonstrate his suitability and fitness his appointment shall terminate: Provided, That whenever any person holding a provisional or temporary appointment or commission in the permanent commissioned personnel of the United States Army shall have been reported by the commander of his regiment, separate battalion, or equivalent unit as not possessing the required degree of adaptability for the military service or as having given evidence of traits of character or habits which serve to render his retention in the service undesirable or as disqualified for service, physically or in character through his own misconduct, and such report is approved by the commander of the divisional area in which such report originated, the President may at once revoke the provisional appointment or commission of such officer and discharge him from the service of the United States.

SEC. 29. Vacancies in the grades of general officers existing on the date of the passage of this act, or created by the provisions thereof, shall be filled as now provided by law: Provided, That when the number of colonels of the line is reduced below the number of regiments or equivalent units authorized for the line, the President, in making appointments to the grade of brigadier general, is hereby authorized to extend his selection below the grade of colonel of the line by a number of successive files in the line equal to the difference betweeen such number of regiments or equivalent units and the actual number of such colonels.

The names of all officers in each grade in the Infantry, Cavalry, Field Artillery, and Coast Artillery Corps shall be arranged upon one list for said four arms combined in the order of the seniority of the officers concerned, determined by length of commissioned service computed as herein provided, and in like manner the names of all officers in each grade in each staff corps and department shall be arranged upon one list for each such corps and department. All officers who are commissioned or appointed in the permanent personnel of the said four arms combined or in any staff corps or department shall hereafter be promoted subject to such examinations as the President may prescribe upon completion of the following number of years of commissioned service computed as herein provided, to wit: To the grade of first lieutenant after four years, and to the grade of captain after nine years; and no officer shall be eligible for promotion to the grade of major until after he shall have had nineteen years of such service or to the grade of lieutenant colonel until after he shall have had twenty-four years of such service or to the grade of colonel until after he shall have had twenty-seven years of such service, but no officer shall be promoted to the grade of major, lieutenant colonel, or colonel when his promotion would operate to increase the number of officers in such grade more than five per centum in excess of the number authorized therefor by this act, and all promotions to the grades of major, lieutenant colonel, and colonel shall be made from officers in the next lower grade on the list of the four arms combined and from officers in the next lower grade on the list of the several staff corps and departments according to seniority: Provided, That the total number of officers authorized for the four arms combined or for any staff corps or department shall not be exceeded. In time of actual hostilities the President, by and with the advice and consent of the Senate, is hereby authorized to fill vacancies occurring in the commissioned personnel of the first and second reserves, by the promotion to reserve commissions of temporary or permanent officers in accordance with their demonstrated ability in the field and without regard to grade or rank; and in time of actual or threatened hostilities the President alone is hereby authorized to fill vacancies occurring by the detachment of officers or otherwise in permanent commissioned grades in each Infantry or Cavalry division of Coast Artillery district in the over-sea garrisons, the frontier forces, and the training forces by the promotion to temporary commissions of officers serving therewith according to seniority as determined by said grade list for said four arms combined and by the grade lists for the several corps and departments: Provided further. That chaplains and dental surgeons shall not be promoted above the grade of major.

In computing length of commissioned service for rank and promotion, credit shall be given as follows: One day's credit for each day's commissioned service in the Regular Army, the Volunteers, the Navy, and the Marine Corps, and in the case of officers of the Medical Corps one day's credit for each day's service

on the active list in the Medical Reserve Corps. One day's credit for each five days' commissioned service in the National Guard or Organized Militia not in the service of the United States, or as a noncommissioned officer in the Regular Army or in the permanent personnel of the United States Army as a cadet officer, or in the senior division of the Reserve Officers' Training Corps, or in a cadet corps in a recognized school or college where a course in military training and instruction substantially equivalent to that prescribed for the senior division of the Reserve Officers' Training Corps was conducted, under the supervision of an officer of the Regular Army. Two days' credit for each five days' commissioned service in the National Guard or Organized Militia in the service of the United States.

In computing length of commissioned service for promotion, constructive credits shall be given as follows: To chaplains and to officers of the Medical Corps and Dental Corps, four years. To officers heretofore appointed in the permanent staff corps and departments whose original appointment in such corps or department was in the grade of captain, nine years: Provided, That such constructive service shall include any and all commissioned service prior to appointment to the grade of captain, except that nothing herein shall operate to deprive any officer of any credit for actual commissioned service in excess of nine years to which he would otherwise be entitled.

To officers heretofore appointed in the permanent staff corps and departments whose original appointment in said staff corps or department was in the grade of major, nineteen years: Provided. That such constructive service shall include any and all commissioned service prior to appointment as major, except that nothing herein shall operate to deprive any officer of any credit for actual commissioned service in excess of nineteen years to which he would otherwise have been entitled.

To officers retired and thereafter restored to the active list, such amount of constructive service as shall be necessary under the provisions of this section for them to have reached the grade to which restored on the active list: Prorided. That such constructive service shall include all commissioned service prior to such restoration.

To graduates of the United States Military Academy as follows: To graduates of the classes of nineteen hundred and seventeen and nineteen hundred and eighteen, such constructive service as shall be required to place them, respectively, for purpose of future promotion only immediately after the members of the classes of nineteen hundred and sixteen and nineteen hundred and seventeen; to the class of nineteen hundred and nineteen and each succeeding class, two years' constructive service prior to graduation: Provided, That for the purpose of this section the classes of nineteen hundred and sixteen and nineteen hundred and seventeen shall be deemed to include only such members thereof as shall have not lost rank, files, or service for promotion because of sentence of court-martial or failure to pass a prescribed examination for promotion.

To any officer who has heretofore lost files or who shall hereafter lose files or service for promotion by reason of a sentence of a court-martial or failure to pass a required examination for promotion, only such service for promotion as shall be required to render him eligible for promotion next after the officer who is his immediate senior on the lineal list of his arm or corps pursuant to such sentence or such failure to pass a required examination: Provided. That such service for promotion shall be in lieu of all other service therefor and shall be subject to change whenever it will be necessary to carry into effect any loss of files or service for promotion hereafter incurred by any officer by reason of a court-martial or failure to pass a required examination for promotion: Povided further, That whenever credit for service shall be given to carry into effect any sentence of a court-martial or to fix the length of service for promotion of any officer in accordance with his failure to pass a required examination for promotion, and the credit so given shall, because of an increase in his arm or corps, credit such officer with less total service for promotion than he would have to his credit if such increase has not occurred, such officer shall be credited with such service for promotion as he would have had to his credit if such increase had not occurred: Provided further, That the constructive service above described is authorized for the purpose of regulating only rank and promotion, and for all other purposes length of service shall be determined. credited, and allowed as now provided by law: And provided further, That the President is hereby authorized to delegate to the Secretary of War the duty of signing any or all commissions of persons appointed in the permanent

commissioned personnel or the Reserve Officers' Training Corps of the United States Army or promoted therein.

SEC. 30. From and after the passage of this act the relative rank of officers of the same grade of the permanent personnel in any grade below that of brigadier general shall be determined by length of commissioned service for promotion, and of any two such officers of the same grade that one shall be the senior in rank who shall be entitled, in accordance with the provisions of this act, to the longer commissioned service for promotion: Provided, That where two or more such officers of the same grade shall have the same commissioned service for promotion, that one shall be the senior who shall have had the longest commissioned service in the Regular Army; and where two or more such officers shall have had the same length of commissioned service in the Regular Army, that one shall be regarded as the senior who was the senior in relative rank on the date of their original commission in the Regular Army. SEC. 31. After the promotions resulting from the provisions of section twentynine of this act shall have been made, the names of all permanent officers of the Infantry, Cavalry, Field Artillery, and Coast Artillery in each grade shall be entered on one list for each such grade for rank and promotion and the assignment of such officers in any one grade above that of first lieutenant to each of the said arms of the service shall, as nearly as may be practicable, be made in the ratio which the total number of officers authorized for such grade in all four of said arms combined bears to the total number of officers authorized for such grade in the arm to which assignment is made, and thereafter the President may detach officers from one arm and assign them to another as the interests of the service may require, and, subject only to the rules of seniority and the provisions of law regulating eligibility for detached service, may assign such officers to the command of such units and to such duties as the exigencies of the service may demand.

SEC. 32. Whenever the number of officers available for service in any grade in any arm or for detail in any grade in any staff, corps, or department or to the detached officers' list is less than the number prescribed for such grade in such arm, corps, or department or for said list, officers of other grades may be assigned or detailed, subject to the rules of seniority, to perform the duties of the grade in the arm, corps, or department or on said list in which the deficiency exists, but the total number of officers authorized for any arm or for said list shall not be exceeded and the total number of officers commissioned in any staff, corps, or department and the number of officers detailed therein shall not exceed the number of officers authorized for the permanent personnel of such corps or department.

SEC. 33. For a period of four years from the date of the passage of this act, and subject only to its provisions, the President is hereby authorized to detach any officer from his organization or corps and detail him in any staff corps or department or upon any other military duty which the interests of the service may require and for like reasons to continue any officer now so detailed upon his present duty until the end of such period, but no officer so detailed or continued on such duty shall be allowed to continue on such detail or on such duty longer than four years after the date of the passage of this act, and four years after the date of the passage of this act no officer shall be detached from his organization or corps for duty in any staff corps or department unless during the preceding six years he shall have had at least two years' service with troops, and service with troops within the meaning of this section shall be held to include service with any organization of the over-sea garrisons, the frontier forces, the training forces, the first reserves, or the second reserves: Provided, That redetails to the Ordnance Department may be made after one year's service with troops and redetails to the aviation section of the Signal Corps may be made without regard to service with troops.

SEC. 34. Hereafter, as far as practicable, officers for duty with the over-sea garrisons shall be detailed from those officers who volunteer for such duty: Provided, That the tour of duty with over-sea garrisons shall be for three years unless sooner relieved: Provided further, That any officer serving with an oversea garrison may, at his own request if in good health, be detailed to serve therewith for the further period of one year: Provided further, That when the number of volunteers for service with the over-sea garrisons is not sufficient to meet the requirements of the service, the number of additional officers required shall be detailed by roster: And provided further, That all officers and enlisted men serving with the over-sea garrisons shall be entitled to a ten per centum and a

twenty per centum increase of pay, respectively, from the date of leaving the continental limits of the United States to the date of return thereto.

SEC. 35. RETIREMENT.-Any officer on the active list holding a permanent commission or appointment in the United States Army who shall fail to pass any prescribed examination for promotion or who shall have been reported by any officer senior to him duly authorized to make such report, or by his commanding officer as being not qualified to perform the duties of his then grade shall, if such report is concurred in by the next higher military commander, be immediately ordered before a board, convened by the commander of the divisional area or in case he shall have concurred in such report with respect to such officer then by higher authority, composed of five permanent officers, who shall be senior in rank to the officer whose competency is in question; and such board shall immediately inquire into and report, in the manner now prescribed for retiring boards, upon the competency and capacity of such officer to perform the duties of his then grade, and if such board shall report that such officer is not qualified to perform such duties, and such report is approved by the President, such officer shall be immediately retired in accordance with the provisions of this section; and if such board shall report that such officer is qualified to perform such duties he shall be continued on the active list; and any officer so retired shall be entitled to pay, except as herein otherwise provided, equal to two and onehalf per centum of the pay, including increase for length of service, to which he was entitled at the time of his retirement, for every year or major fraction thereof that he shall have served as a commissioned officer in the service of the United States prior to retirement; but no officer so retired shall receive more than seventy-five per centum of such pay: Provided, That nothing herein shall operate to reduce the pay now provided by law of any officer now on the retired list: Provided further, That any officer holding a permanent commission' or appointment in the United States Army who shall be retired for physical disability incurred in line of duty shall be retired with pay equal to seventy-five per centum of the pay, including increase for length of service which he was receiving at the time of his retirement: Provided further, That any officer who shall be found to be incapacitated because of physical disabilities not incurred in the line of duty shall be retired or wholly retired at the discretion of the President: And provided further, That any officer who has been or who shall subsequently be retired and who is less than sixty-four years of age shall be liable in time of peace to perform such military duty consistent with his rank, grade, and physical condition, as the President may direct, and while employed on active duty by direction of the President such retired officer shall be entitled to the active pay and allowances provided by law for his grade. In time of war retired officers over the age of sixty-four years may, with their consent, be employed upon such duties as the President may direct.

SEC. 36. DIVISIONAL AREAS.-The President is hereby authorized immediately after the passage of this act to divide the territory within the continental limits of the United States into sixteen divisional areas. Each such area shall contain as nearly as may be practicable that proportion of the population liable to military service of the whole of said territory which the sum of the authorized maximum enlisted and enrolled strength of the units of the training forces to be stationed in such area, and the enrolled naval contingent to be raised therein, bears to the sum of the total authorized maximum enlisted and enrolled strength of the training forces and the total strength of all naval contingents to be raised within said territory: Provided, That the President may, in his discretion, change the limits or boundaries of such divisional areas at any time as changes in population or the interests of the service may require. SEC. 37. The President is hereby authorized immediately after the passage of this act to group all Coast Artillery commands and units within the continental limits of the United States into such number of Coast Artillery districts, not exceeding six, as he may direct and to assign a permanent line officer of appropriate rank, who, whenever practicable, shall be a general officer of the line, to the command of each divisional area and of the troops of the training forces other than those of the Coast Artillery stationed therein, and to assign a permanent line officer of oppropriate rank, who, whenever practicable, shall be a general officer of the line, to the command of each Coast Artillery district: Provided, That the commander of a divisional area shall, in accordance with instructions from higher authority, make all original assignments of enrolled men to the Coast Artillery units and commands located within his district, but all other matters connected with the Coast Artillery units and commands shall, in time of peace. be under the control and direction of the

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