Page:United States Statutes at Large Volume 41 Part 1.djvu/794

 SIXTY—SIX’l`H CONGRESS. Sess. II. Ch. 227. 1920. 773 ofiicers rei erred to in the next fpreceding clause; and where such com- ug;*" “°”G*”'Z*· missioned service is equal, 0 icers now in the Regular Army shall ` precede persons to be appointed under the provisions of this Act, and the latter shall be arranged according to age. _ "Fifth, persons appointed as lieutenant colonels or majors under ,mI3‘§’,§‘§§’§¥§{" °°l°“°lS the provisions of section 24 hereof, shall be placed immediately below all officers of the Regular Armdv who, on July 1, 1920, are promoted to those grades respectively un er thedprovisions of section 24 hereof: Provided, That the board charged wi the preparation of the promo- Pivviw; _ tion list may in its discretion assign to an such officer a position on ¤S§QZ°§§,°§?” l"gl‘°' the list higher than that to which e would? otherwise be entitled, but not such as to place him above any oiicer of greater age, whose commissioned service commenced tplrior to  6, 1917, and who would precede him on the list under e gener provisions of this section. "Any former officer of the Reelgular Army and any retired officer m*;§¥j,‘gi;*,f,','j,*;*,*§,,,{j§€’,gf who maiy hereafter be appoint to the active list in the manner sm; retired omcers to provide by law shall be p aced on the promotion list in accordance Mt `°hst‘ with his total active commissioned service; except that former officers appointed to field grades on July 1, 1920, under the provisions of section 24, may be p aced as provided in the next preceding paragrlaph of this section. A reserve judlge advocate appointed in the Reg ar Armv shall be placed as provided in section 24c. mh, _ " Other officers on original appointment shall be placed at the foot p..im.$.2m°L°lgl°"l Ti"` of the list. The place of any officer on the promotion list once es- I’°“"“"°"°’ °‘ ‘“’· tablished shall not thereafter be changed, except as the result of the sentence of a court-martial. _ _ "Smo 24b. Cmssnucsrrou or orr1cmzs.—Immediately upon the ,,,§§*f”‘°‘”*’°“ °‘ °" passage of this Act, and in September of 1921 and every ear there- Bwrd ¢<> mwat ter, the President shall convene a board of not less than five general C, S A to be W officers, which shall arrange all officers in two classes, namely: Class zamgli. ’ A, consisting of officers who should be retained in the service, and Class ,,§{§§’f B· “°* *°b° "' B, of officers who should not be retained in the service. Until other- C,;‘:jg¤* °*¤°°¤ in wise finally classified, all officers shall be regarded as belonging to ` Class A, and shall be promoted according to the provisions of this Act to fill any vacancies which may occur rior to such final classification. No officer shall be finally classified) in Class B until he shall C§,§°§§{‘ " *’“° l" have been given an opportunigl to appear before a court of inquiry. In such court of inquiryuhe sh be urnished with a full copy of the ‘ official records upon w `ch the proposed classification is based and shall be given an opportunity to present testimony in his own behalf. The record of such court o inquiry shall be forwarded to the final classification board for reconsi eration of the case, and after such consideration the findingl of said classification board shall be final and not sub'ect to furt er revision except u on the order of the President. llrhenever an officer is placed in Clhss B, a board of not H ,1},%*}, ,§gg{*_,*;{°;'{§¤° less than three officers shall be convened to determine whether such ` classification is due to his neglect, misconduct or avoidable habits. If the finding is affirmative, he shall be discharged from the Army; 8,}§,§°“°'¤° “ °“'“" if negative, he shall be placed on the unlimited retired list with pay neéuemem, cnc., ir at the rate of 2§ per centum of his active pay multiplied by the 1111111- °°g°“v°` ber of complete pears of commissioned service, or service which under the provisions 0 this Act is counted as its equivalent, unless his total commissioned service or aelquivalent service shall be loss than ten years, in which case he sh be honorably discharged with one year’s _ pay. The maximum retired pay of an omcer retired under the pl‘0- my p‘°'“‘°‘“‘ visions of this section prior to January 1, 1924, shall be 75 per centum of active pay,_and of one retired on or after that date, 60 er centum- If BH _0m€8l' IS lZll11S retired before the completion of thirty yea1‘S` wgctive duty permitcommissioned service, he may be employed on such active dug as ‘ the Secretary of War considers him capable of performing un he