Page:United States Statutes at Large Volume 18 Part 1.djvu/290

 218 'l`rru~: xiv.·—'I`HE ARMY.——r1. 2. CHAPTE R 'l`W. RETIREIINT. Sec. | Sec. 1243. Retirementupnn of1icer’s own appli- [ 1252. Disability not by an incident of cation. service. 1244. After forty-tive years, or at the age 1253. Officers entitled to a hearing. ` of sixty-two. ‘ 1254. Retired ranlt. 1245. For disability. _ _ 1255. Status of retired officers. 1246. Composition of retiring board. 1256. Rights and llalnhties. 1247. Oath of members. 1257. Vacancies by retirement: 1248. Pouécrs and duties. §umber ont nhedrntired hat. 1249. Fin ings. . . ssignmen o u y. 1250. Revision b the President. 1260. Detail as professor in a college. 1251. Finding ofy disability by incident of service. lftetirementupop Sec. 1243. When an officer has served forty consecutive years as a <>m9°"’*’°"'”‘PPl" commissioned officer, he shall, if he makes application there or to the ‘i“g‘g': @Tc;§ President, be retired from active service and p aced upon the retired list. S 15 $12 P_’2g9_ ’ When an officer has been thirty years in service, he may, upon his own ' 15’.In1y: 1870, c. application, in the discretion of the President, be so retired. and placed
 * 2p4,ss.4,5,v. 16, p- on the retired list.

1. After 45 y¤==¤‘¤ Of Sec. 1244. When an · officer has served fortv-live vears as a commis- • • • 5 " ‘ · · . %t1;l}%&§%6éT stoned officer, or IS sixty-two years old. he may be retired from active P Y- * ‘ service at the discretion of the President. 200"‘12’-l`12’P’596' Sec. 1245. When an · officer has become iuca ble of rformin the For disability. _ _ 5 _ _ rm  _ g ·<—·i·* W1 -42 duties of his office, he shall be either retired from active service, or .·1Aug.,186 ,c. , _ _ _ _ _ s. 16, v. 12, p. 289. wholly retired from the S0l'\'lC(‘. by the President, as hereinaftcrlprovided. Composition of Sec. 1246. The Secretary of War, under the direction of the resident. f¤ti¤*¥§_@'_‘};__ shall, from time to time, assemble an Army retiring board, consisting of i Q _13c; CA2 not more than nine nor less than five officcrs, twofifths of whom shall 3 uz. . . ., , . s. 17,v. 12, p. 289. be selected from the Medical (lorps. I`hc board, excepting the officers selected from the Medical Corps, s all be composed, as ar as may be, of seniors in rank to the officer whose disability is inqu1rcd_of. Ogb otincmgra Sec. 1247. The members of said board shall be sworn in every case to ";i;ingY;;Ptilé<&42, discharge their duties honestly and impartially. S- 1 `· s · · . . . . . . Powersan duties. Sec. 1248. A retiring board may inquire into and determine the facts V ‘ _ ., touchin the nature and occasion of the disability of any officcr who mn;. 1a61,t.4-, Ei . . . . ., — . '· ,_2go_ a years to be inca ble of 6l'fol'Il1ll'l the dut1cs ot his office and shall ..14,1.12,] Pl lm p _ g _ _ s have such wers of a court-mart1al and of a court of in l111‘\' as may be necessary fbi that purpose. q 1 ° Findings. Sec. 1249. When the board finds an otlioer incapacitated for active or -—-· · _· service. it shall also hud and re ort the cause which, in its ud ment. ‘iAu 1sc1.—4> . . . P . J R',7 vg]? P   has produced his incapacity, and whether such cause is an IIICI ent of ’”` service. Re\‘i¤i0¤ by the Sec. 1250. The proceednngs and decision of the board shall be trans- [’;°**‘$l‘l“*· --.»i mitted to the Secretary of _ ar, and shall be laid by him before the Presi- ·*:“{€··m°l·"·42· dent for his a roval or disa roval and orders in the case.
 * ·¤.1»,\.12,p.290. pp Pp

'?il¤’*<1lS2 0i_d¤_§· Smo._1251. When a retiring board finds that an officer is incapacitated fl sZr‘;'Qu;""' for active serv1ce, and that his incapacity is the result of an incident of 3 Aug ,8,,, g service, and such decision is approved bv the President, said officer shall +2,s.17,vi12,p.290. be retired from active service and (placed on the list of retired officers. I)isql(ilinyn0¤by Sec. 1252. Whsn {the board tin s that an officer is incapacitated for %"*'¤*`* °¤ ° ”*""`· active service. an t at his incapacity is not the result of any incident "`*" ____. of scryice, and its decision  approved by the President, the officer shall "- l’-‘-U·P·2°"- President may determine. The names of officers wholly retired from the_serv1cc shall be omitted from the Army Register. Officers entitled bac. 1253. Except in cases where an officer may be retired by the i? {¤_§{'}QZ· President upon his own application, or by reason of his having served
 * s:xng.,l1861,<·.42, be retired from active service, or wholly retired from the service, as the