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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 there. with 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 l'nited 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 cominands 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 he a general officer of the line, to the command of each Coast Artillery district: Prorided. That the commander of a divisional area shall, in accordance with instructions from higher authority, make all original assignments of enroller 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

commanders of Coast Artillery districts, subject to the control and direction of the War Department.

Sec. 38. The President is hereby authorized to station in each divisional area, as soon as practicable after the passage of this act, the proper proportion of available officers and enlisted men of the permanent personnel of the several arms, corps, and departments, and to cause the commanders of divisional areas to organize the permanent personnel so stationed in each such area into provisional training regiments, battalions, and schools of application, and to employ such portion of such personnel as may be required therefor upon any duties or work necessary or convenient for carrying the provisions of this act into effect: Provided, That, as far as may be practicable, such provisional training regiments, battalions, and schools of application shall be temporarily stationed on existing military reservations.

SEC. 39. The commander of each divisional area and each commander of each oversea department is hereby authorized to convene, as soon as practicable after the passage of this act, such number of boards of officers composed of permanent officers stationed within such area or department as he may deem necessary or convenient for conducting the examinations, in accordance with regulations to be prescribed by the Secretary of War, of such persons resident within such area or stationed therein as may apply, as hereafter provided, for appointment to vacancies already existing or created by this act in the permanent commissioned personnel of the United States Army, and to prescribe at what place or places within such area such board shall meet for the transaction of the business for which appointed : Provided, That, as far as may be practicable and consistent with economy, such board shall be ordered to meet at such places as will require the least amount of travel on the part of the majority of the applicants to be examined.

SEC. 40. Any officer of the National Guard or Organized Militia, or any enlisted man of the Regular Army or of the permanent personnel of the United States Army, not over forty years of age, or any other male citizen of the United States who is not over said age and who has had previous military training, service, or experience, may apply to the commander of the divisional area or to the commander of the oversea department in which he resides or is stationed for appointment in the permanent commissioned personnel of the United States Army, and for authority to take the prescribed examination to determine his fitness for such appointment and for appointment as an officer candidate. The application of each such person shall be submitted upon a form approved by the Secretary of War, and a copy of such form shall be furnished without cost to any bona fide applicant by the postmaster at his station or place of residence, and each such application shall be accompanied by such affidavits, references, and vouchers with respect to the physical condition, moral character, age, and military record of the applicant as the Secretary of War may prescribe. Each such application and its accompanying documents, which, together, shall indicate that the applicant is eligible for appointment in accordance with the provisions of this act, shall be referred by the commander of the divisional area of over-sea department to the board appointed to meet at the place within such area or department nearest to the residence or station of the applicant. ('pon the receipt of each such application that board shall, as soon thereafter as practicable, notify the applicant that he is authorized to take the prescribed examination, and shall inform him in writing of the place and time appointed for such examination. At the time and place appointed such board shall proceed to conduct the preliminary examination of such applicant in the manner prescribed by the Secretary of War, and upon the conclusion of such examination shall forward a report of its proceedings and findings in the case, together with its recommendation in the premises, direct to the commander of the divisional area or over-sea department for his action. Whenever any applicant shall have been found by any such board to be not qualified for appointment in the permanent commissioned personnel of the United States Army, and such finding, after such further examination as the commander of the divisional area or over-sea department may deem advisable, shall have been approved by him, such applicant shall be held to be ineligible for such appointment. Applicants who have been found by such boards to be qualified for such appointment shall, except as herein otherwise provided, when such finding has been approved by the commander of the divisional area or over-sea department, be ordered by him as officer-candidates to temporary duty in the divisional area or department in which resident or stationed with a training unit or at a school of application or with a unit of an over-sea garrison. Officer-candidates shall from date of appointment as such to date of discharge or to date of appointment to the permanent commissioned personnel or in the Reserve Officers' Corps, as the case may be, receive one hundred dollars per month and the allowances of a second lieutenant, and during such periods all such officer-candidates shall be subject to the Rules and Articles of War, so far as they may be applicable to persons whose permanent retention in the service is uncertain. As soon as practicable after each officer-candidate shall have completed four months' service and training with a provisional training regiment or battalion, or in a school of application, or with a unit of the over-sea garrison, his qualifications with respect to military capacity, adaptability for the military service, character, and habits, as determined by his service in such unit or school, shall be reported upon, in accordance with regulations to be prescribed by the Secretary of War, by a board of permanent officers appointed by the commander of the divisional area or over-sea department in which such officer-candidate has been serving. Each such report shall contain a statement whether, in the opinion of the board, the officer-candidate reported upon is qualified for appointment in the permanent commissioned personel of the United States Army, and, if so, a recommendation as to the arm, corps, or department in which he should be appointed and the grade therein in which he should be appointed. Whenever any such officer-candidate is so reported as not qualified for appointment in such permanent commissioned personnel, the board shall report whether he is qualified for appointment in the Reserve Officers' Corps, and, if so, in what arm, corps, or department and made therein. Officer-candidates who have been reported by such boards as not qualified for appointment in the permanent commissioned personnel of the Cnited States Army may, except as otherwise provided herein, be discharged forthwith by the commander of the divisional area or over-sea department, or, with their consent, may be ordered by him to such further period of service with a training unit or in a school of application as he may deem necessary, and all officer-candidates so ordered shall be again reported upon in like manner by such boards upon the completion of such additional period of service.

The proceedings of such boards in the cases of all officer candidates reported as qualified for appointment in either the permanent commissioned personnel or in the Reserve Officers' Corps shall be forwarded by the commander of the divisional area, or over-sea department, with his recommendations in each case, to the War Department for the action of the President.

The President is hereby authorized, by and with the advice and consent of the Senate, to appoint officer candidates who have been so reported by such boards as qualified for appointment in the permanent commissioned personnel of the United States Army to vacancies existing or created by this act in the grades of second lieutenant, first lieutenant, and captain, but no officer candidate shall be so appointed to the grade of second lieutenant who is under twenty-one or over twenty-seven years of age, or to the grade of first lieutenant who is under twenty-seven or over thirty-two years of age, or to the grade of captain who is under thirty-two or over forty years of age, except that no enlisted man of the Regular Army or of the permanent personnel of the United States Army shall be so appointed to the grade of captain, and no such enlisted man who is less than twenty-seven years of age shall be so appointed to the grade of first lieutenant, and no such enlisted man who is over twenty-seven years of age shall be so appointed to the grade of second lieutenant: Prorided, That applicants for appointment other than officers of the National Guard or Organized Militia and enlisted men of the Regular Army or of the permanent personnel of the United States Ariny who have been reported by the boards appointed for their preliminary examinations as qualified for appointment in the permanent commissioned personnel, and who pursuant to the provisions of this act are eligible only for appointment as second lieutenants, shall, if such report is approved by the commander of the divisional area, or over-sea department, be reported by him to the War Department, and the President alone is hereby authorized to immediately appoint persons so recommended to the grade of temporary second lieutenant in the permanent personnel, with pay at the rate of one hundred dollars per month and the allowances of a second lieutenant, for a period of one year. All temporary second lieutenants shall be assigned by the commander of the divisional area, or oversea department, to duty with a provisional training regiment at a school of application or with a unit of an over-sea garrison, and upon the completion of eleven months of such duty shall be examined by a board of three permanent officers appointed by such commander. Such board shall report which of such temporary second lieutenants are qualified for permanent appointment as sec. ond lieutenants in the United States Army, and the names of all persons so reported shall be transmitted by the commander of the divisional area, or over-sea department, together with his recommendations in each case, to the War Department for the action of the President.

The President, by and with the advice and consent of the Senate, is hereby authorized to appoint and commission during each calendar year, from among the temporary second lieutenants so reported as eligible therefor, such number of second lieutenants in the permanent personnel of the United States Army as will not exceed twenty per centum of the total number of temporary second lieutenants holding appointment as such during such year.

Any temporary second lieutenant not appointed in the permanent personnel pursuant to this section may, with his consent, be reappointed a temporary second lieutenant for a further period of one year, and so on from year to year, or if he so elects and is eligible therefor may be appointed to membership in the Reserve Officers' Corps. Temporary second lieutenants shall take rank among themselves according to length of commissioned service computed in accordance with section twenty-nine of this act, and such temporary second lieutenants who have had no prior commissioned service shall take rank among themselves according to lot in a manner prescribed by the Secretary of War.

Enlisted men of the Regular Army or of the permanent personnel of the United States Army who fail of appointment as provisional second lieutenants shall be returned to their proper enlisted grades in their several organizations and the time they shall have served as provisional second lieutenants shall be counted as part of their enlistment periods.

For the purposes of relative rank and future promotion only each such officer-candidate so appointed to the grade of first lieutenant shall be credited with four years' constructive commissioned service, and each such officercandidate so appointed to the grade of captain shall be credited for said purposes only with nine years' constructive commissioned service: Provided, That such constructive service for the purpose only of determining relative rank shall be in addition to any and all previous actual commissioned service to which persons so appointed shall be entitled in accordance with the provisions of section twenty-nine of this act.

The relative rank of all persons so appointed in each grade shall be in accordance with actual prior commissioned service determined in accordance with the provisions of section twenty-nine of this act, and of any two such officers that one shall be the senior who shall have had the longer prior commissioned service; and where two or more such officers shall have had the same prior commissioned service they shall take rank among themselves according to age, the oldest to be the senior; and all such officers who shall have had no prior commissioned service shall take rank among themselves according to age, the oldest to be the senior, and where two or more such officers are of the same age their seniority among themselves shall be decided by lot, in accordance with regulations to be prescribed by the Secretary of War.

Any officer appointed pursuant to the provisions of this section shall be eligible for assignment at the discretion of the President to any vacancy in his grade existing or created by this act in the over-sea garrisons, the frontier forces, or the training forces, as the interests of the service may require: Provided, That nothing in this section shall operate to prevent the President from appointing graduates of the United States Military Academy or enlisted men to commissions in the permanent personnel as provided by existing law.

The President alone is hereby authorized to appoint officer-candidates reported as provided in this section as qualified for appointment in the Officers' Reserve Corps as officers in such corps, subject to the provisions of section fortytwo of this act.

SÉC. 41. As soon as practicable after the passage of this act the President is hereby authorized to provide for the recruitment of the additional enlisted personnel required to bring the permament personnel of the over-sea garrisons. the frontier forces, and the training forces to their authorized strength and to utilize for this purpose such officers and enlisted men of the recruiting service and of the divisional areas as he may deem necessary therefor, and as soon as the necessary commissioned and enlisted permanent personnel shall have been obtained he is further authorized to organize in each divisional area the permanent personnel of the units of the training forces which are to be main

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