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THE MILITARY ESTABLISHMENT-GENERAL PROVISIONS OF ORGANIZATION.
THE REGULAR ARMY-THE VOLUNTEER ARMY AND THE MILITIA.1
1 For statutes respecting the militia, see chapter entitled “The Militia." See also chapter entitled "Volunteers."
Retirement of captains and lieu-
to receive benefit of section__ 339d Same-Retirement of Bernard A. Schaaf, late a lieutenant of; credit for continuous service
regiment of Regular Army--- 341a 329a. Composition of the Army of the United States.-The Army of the United States shall consist of the Regular Army, the Volunteer Army, the Officers' Reserve Corps, the Enlisted Reserve Corps, the National Guard while in the service of the United States, and such other land forces as are now or may hereafter be authorized by law. Sec. 1, Act of June 3, 1916 (39 Stat. 166).
There is but one Army of the United States, and every organization, bureau, officer, and man in the military service is part of it. The Inspector General's Department, as well as all other staff corps and departments are to be reorganized out of the Army at large so that such departments may properly perform their ever-increasing functions. The primary authority for providing the necessary staff officers in the increased establishment is not to be found in the use of reserve officers as such, but in the power to appoint necessary officers under the National Army act. (War Dept. Bul. 67, Nov. 30, 1917.)
A commission in the Regular Army is a permanent one carrying with it the rights of retirement and can be terminated only in the manner provided by law. Commissions in the National Guard (drafted into the service of the United States) and the National Army are for the period of the emergency and can be terminated by the President for any cause which, in the judgment of the President, would promote the public service, or upon the approved finding of a board of officers appointed by the general commanding a division or higher tactical organization or territorial department. (Selective service act, May 18, 1917, sec. 9.) Commissions in the Officers' Reserve Corps are for a period of five years unless sooner terminated in the discretion of the President. (National defense act, June 3, 1916, sec. 37.) As to provisional appointments as second lieutenants in the Regular Army, see section 23 of the National Defense Act, supra.
The right of an incumbent of a military office to resign his office at pleasure is subject to certain restrictions growing out of his military status. Thus, the
330a. Tour of duty of officers and enlisted men in Philippine Islands and the Canal Zone.-On and after October first, nineteen hundred and fifteen, no officer or enlisted man of the Army shall, except upon his own request, be required to serve in a single tour of duty for more than two years in the Philippine Islands, nor more than three years in the Panama Canal Zone, except in case of insurrection or of actual or threatened hostilities: Provided further, That the foregoing provision shall not apply to the organization known as the Philippine Scouts. Act of Mar. 4, 1915 (38 Stat. 1078).
331a. Composition of Regular Army.-The Regular Army of the United States, including the existing organizations, shall consist of sixty-four regiments of Infantry, twenty-five regiments of Cavalry, twenty-one regiments of Field Artillery, a Coast Artillery Corps, the brigade, division, army corps, and army headquarters, with their detachments and troops, a General Staff Corps, an Adjutant General's Department, an Inspector General's Department, a Judge Advocate General's Department, a Quartermaster Corps, a Medical Department, a Corps of Engineers, an Ordnance Department, a Signal Corps, the officers of the Bureau of Insular Affairs, the Militia Bureau, the detached officers, the detached noncommissioned officers, the chaplains, the Regular Army Reserve, all organized as hereinafter provided, and the following as now authorized by law: The officers and enlisted men on the retired list; the additional officers; the professors, the Corps of Cadets, the general Army service detachment, and detachments of Cavalry, Field Artillery, and Engineers, and the band of the United States Military Academy; the post noncommissioned staff officers; the recruiting parties, the recruit depot detachments, and unassigned recruits; the service school detachments; the disciplinary guards; the disciplinary organizations; the Indian Scouts; and such other officers and enlisted men as are now or may be hereafter provided for. Sec. 2, act of June 3, 1916 (39 Stat. 166).
(See paragraphs 332d, 332e, and 332f for the remaining provisions of this section.)
331b. Increase to be made in five increments.-Except as otherwise specifically provided by this Act, the increases in the commissioned and enlisted personnel of the Regular Army provided by this Act shall be made in five annual increments, each of which shall be, in each grade of each arm, corps, and department, as nearly as practiresignation of an officer under charges need not be accepted. Similarly, the resignation of an officer in time of war may be refused. (Dig. Opin. J. A. G., January, 1918.)
1 For authorization for provisional organization of cavalry into field artillery or infantry during the present emergency see paragraphs 1071b and 1071c, post.
cable, one-fifth of the total increase authorized for each arm, corps, and department. Officers promoted to vacancies created or caused by the addition of the first increment shall be promoted to rank from July first, nineteen hundred and sixteen, and those promoted to vacancies created or caused by the second increment shall be promoted to rank from July first, nineteen hundred and seventeen; those promoted to vacancies created or caused by the addition of the third increment shall be promoted to rank from July first, nineteen hundred and eighteen; those promoted to vacancies created or caused by the addition of the fourth increment shall be promoted to rank from July first, nineteen hundred and nineteen; and those promoted to vacancies created or caused by the addition of the fifth increment shall be promoted to rank from July first, nineteen hundred and twenty. Sec. 24, id. 182.
331b1. Limitation on promotions or appointments of officers to vacancies caused by second increment.-No part of this appropriation shall be paid to any officer of the line of the Army who shall be appointed or promoted in violation of any of the terms next hereinafter specified: That of the whole number of officers of Cavalry, Field Artillery, Coast Artillery Corps, Infantry, and of Engineers serving with the enlisted force of the Corps of Engineers necessary to fill vacancies created or caused in said arms of the service by reason of the second increment, authorized in said arms by Act of Congress approved June third, nineteen hundred and sixteen, not more than one-fourth shall be appointed or promoted until, exclusive of enlisted men belonging to said arms on June thirtieth, nineteen hundred and sixteen, at least one-fourth of the second increment of enlisted men authorized for said arms by said Act shall have been enlisted; not more than one-half of said whole number of officers shall be appointed or promoted until at least one-half of said increment of enlisted men shall have been enlisted; and not more than three-fourths of said whole number of officers shall be appointed or promoted until at least three-fourths of said increment of enlisted men shall have been enlisted. And all officers promoted in accordance with the terms of this proviso shall take rank, respectively, from the dates on which their promotions shall have become lawful under the terms of this proviso. Act of May 12, 1917 (40 Stat. 44).
331c. May be immediately made in event of actual or threatened war. In the event of actual or threatened war or similar emergency in which the public safety demands it the President is authorized to immediately organize the entire increase authorized by this Act, or so much thereof as he may deem necessary, and when, in the judgment of the President, war becomes imminent, all of said organizations that shall then be below the maximum enlisted strength author
ized by law shall be raised forthwith to that strength, and shall be maintained as nearly as possible thereat so long as war, or the imminence of war, shall continue. Sec. 24, act of June 3, 1916 (39 Stat. 182).
331c. Immediately raise, organize, officer, and equip all increments at maximum strength.-In view of the existing emergency, which demands the raising of troops in addition to those now available, the President be, and he is hereby, authorized
Immediately to raise, organize, officer, and equip all or such number of increments of the Regular Army provided by the national defense Act approved June third, nineteen hundred and sixteen, or such parts thereof as he may deem necessary; to raise all organizations of the Regular Army, including those added by such increments, to the maximum enlisted strength authorized by law. Par. 1, Sec. 1, Act of May 18, 1917 (40 Stat. 76).
(For provision authorizing the raising of the enlisted men necessary to maintain the organizations of the Regular Army at their maximum legal strength by voluntary enlistment or by selective draft, see paragraph 1637, post.)
331c. Same-Filling of vacancies caused by increase; termination of provisional appointments.-Vacancies in the Regular Army created or caused by the addition of increments as herein authorized which can not be filled by promotion may be filled by temporary 1 appointment for the period of the emergency or until replaced by permanent appointments or by provisional appointments made under the provisions of section twenty-three of the national defense Act, approved June third, nineteen hundred and sixteen, and hereafter provisional appointments under said section may be terminated whenever it is determined, in the manner prescribed by the President, that the officer has not the suitability and fitness requisite for permanent appointment.. Id.
(For par. 2 of this section, see pars. 1339p and 1339q, post.)
'The President has complete power to discharge any temporary officer of the Regular Army holding appointment under section 1 of the act of May 18, 1917. Commanding generals may appoint military boards to pass upon the capacity and fitness of such officer, whose findings may be laid before the President for such action as he sees fit. (Secs. 1 and 9 of act of May 18, 1917; subpar. 2 of par. 7, G. O. 76, c. s.) But the President may discharge provisional officers appointed under section 23 of the national-defense act of June 3, 1916, only after due investigation, such as is provided for in paragraph 7. G. O. 76, c. s. (War Dept. Bull. 72, Dec. 24, 1917.)
Paragraph 918a, post, or 39 Stat. 181.
Under section 1 of the selective draft act the President is given power to terminate provisional appointments whenever it is determined that the officer is unfit for permanent appointment. G. O. 76, W. D., June 26, 1917, lays down the rules prescribed by the President for determining the fitness of such officers. The procedure therein prescribed must be followed. (War Dept. Bul. 72. Dec. 24, 1917.)
The term "temporary promotion," as used in the National Army act of May 18, 1917, and in section 114, national-defense act of June 3, 1916, contemplates promotion as ordinarily understood in military legislation. Temporary promo