Page:United States Statutes at Large Volume 44 Part 1.djvu/219

 fo.} .T1Ti.n* 1o.»»»~ Wszistnient under the provisions of section 632 of this { so ,5,,,;; be credited with all time served witlrthe forces of ti  iisitcal States, and his service shall be deemed continuous, c iis.iiizstaiitlirig the` interruption thereof by the changes of c  ,2iiEr~ provided for in said section (B2. (Mar. 1918, c. 37, J Q., ses. fall.) _ 2 ‘ e ., _ 1 ti 2 sis;. Double credits for foreign service by enlisted men.—In ii: . ~  sein: the length of services for retirement, credit shall r  cron; soldiers for double the time of their actual service in so .2 — ,;,,‘ Calla, the Philippine islands, the island of Guam, c E .,g,,,_ mm Panamayliut double credit shall not be given for `té ' N 2 2. o rendered subsequent to2.April 23, IUH4, in forte Rico or §  ‘fi—rri:ory of Hawaii, nor2shall- credit for double time for 2  sei·vit·e he given to. those who enlisted after August_24,  i*:·oz·idcd, That nothing in this provision shall be so co-n- ·a .e;~;»—¤l is to forfeit credit for double time accrued prior to t _;;l;li~z ::4. 1!•12. f.(Api·.‘223, 1904, c. -1485, 33 Stat. 264; Aug. 24, e t-. 391. §2l, 37 Slat.‘5T5.) · 2 8 RE'l`lR2lNG BOARDS t fail. composition of board.—The Secretary of'War, under d
 * i.reiil·t·tc-titlxi of the President, shall, from time to time, assemble 2S

Us Arzny retiring board, consisting of not2more than nine nor 2g tls than nrc oflicers, two·tltths of whom, shall beselected from t t ..v>·isdi¢·al Corps. The board, excepting the officerspselected I ams the Medical'Corps, shall be composed, as far ‘as may be, C ali ~·»ni·,·;·s in rank to the ofiicer whose. disability is inquired of. . A%;.s.s124o.) ie_i ’ c · * .o _ ·— ‘ <·€;2._ Oathof members of board.——The members_of‘sa`id board; I ~&. it he sworn in every caseto discharge their duties honestly S iinpartially. (R. § 1247.). 2 l ~ - .. _‘ S shit. lnquiry into and determination, of facts.——A retiring- ws-tl may inquire into and determine the facts touching the I i:·ss_z·te and occasion of the disability of any- officer whoappears Z i...¤.~t· sm·hvpovve1'S of·a court·martial,2 ann of a court of inquiry ‘  n:.lg;,l¤c necessary for that purpose;. (R. S 5 1248.) i 95.4. Finding cause of incapacity.——When the board finds an l·:s.·.§r incapacitated for active service, it shall, also End and  wz thecause whi<·h,2·in·itsrjudgment, has produced his inca- I ~i;:l€%.) ‘ ‘ ‘ 22 ·- · a 2. · Sidi. Revision by President.-——'l"’he proceedings and decision. of t ~·"l»~:·n·cl2shall be transniittgd to.tl1e Secretary of Wnr. and —~ an no laid by him before the President for hisapproval or ( ..;? .g»proval and orders in the case.: _(R. S. .§‘1250.) · 2 _ ` rst;. Right of omcers to bearin‘g.——Except incases where an . »n;·._i·i· may be retired by the President upon his own application, ( ·¢ by reason or his having servedtforty-tive years, or` of his , ‘ : ?li}£2SiXi2§'·i\‘§' years old, no officer shall be retired from active} ° .-t·il·c. nor shall anotiicer, in any case,·be wholly etired from _] J. — st·r·¢ice without a full and fair hearing b€f(ii’y/:11 Army re- 1 fin: hoard, if, upon due summons, he demands it. ._(R. Si § 4 ._ .BE'1`IRED PAY ; Clmss REFERl£N(‘ES -1 lmy of·0iilCf·1‘! retired after being placed in Class B ; see section, 571 ; l-. llijs title; . “V . { li··zh·cd pay of officers of Philippine. Scouts; sec section 327 of this 1 971. Rate of pay of retired officers.———¤O1li(?ersoretiretl_ from 21 Mfive seryice shall receive 75 per céntum or the pay of the- ‘=i=-ik upon which they are retired. , (R. S. § 1.274.)2 `J 2 ] »' 97 2. Basis for computing retired payofi omcers and warrant. e Uliicers; change of base pay as aEectin_g previous retire- • ¤¤¤=·nts.—u and after July 12,,1922, retired otiicers and warrant 1 . on2t·4·i·s shall have their retired pay computed as authorised by `i
 * ·~ iw in4·apahle_of performing the duties of his oi‘Hce,_ and shall
 * »·’:y. and whether such cause is an incident of service. ‘_ (R. S.

·A1—m1 y~ § 973 ection *681 on the basis of psu: provided in section 672 of this itle: Protsldcd, That notlning contained in this elmpter or in hapter 26 of this title shall operate to reduce the pay of mti- érs, W8l'1‘fl¥lt oilieers, and enlisted men on the retired list on 'une 30, 1922; and notl1in;.—; t·ontz1ln¤=d in the ilrst sentence of hisvseetion or in any other seertion of this c~hapter shall :mtho1·· ze an increase in the pay or officers or warrzmt omeers on the etired list on June BQ, 1922:, Provided fz¢r·tI;ow·, That the pag: awed to an wofficer by section 902 or 916 of this title shall be ‘ oustrued as the pay provided in elnnpter 26 of this title for he purpose of computing: retired pay. (June 10. 1922, e. 212, § 1, 17,.42 Stat. 625} 632;. May 31, .1924,,:;. 22-}, § 6, 43 Stat.
 * 52.) % ‘&\ · Q t I `_ I. l

973. Pay and low nces of retired officers, warrant oflicers, md men/ond, acti · d ty.+Retir   Ulcers of the Army l>e!é>w he grade of brigadie  tired warrant ofH(f(iI'S {md! nlisted men shall; when on active duty, reeeitfe full pity and tllowanees. - (June 10,1922, c. 212, _§ 17, #{2 Stat. 632.) · 974. Active duty by retired officer counted in computing reired payt—+Any retired oIIicer‘ of the Army who has been letuiletl to active duty find. who has since h·i—s"e‘f°retlrement
 * ervegl'on active detail shalllbe entitled to inet·ea$es of longevitypay, to beeomputed as provided by l:1w.for the computaion of longevity pay, for the time of ihis Hserviee lmefote retirenent and on active detail-sinee his I;€ti1'€Ul(3IIt._ (May 12, 1917,

r. 12,-40 Stat. 48.) ° . -  _     _ __ 4 t975. Attendance on course of preparatory instruction pursuant to detail under section.386 or 1181 as active duty.-- ‘ )uty performed by retired officers of the Regular Army, puriuant to W’a;·· Department ordersissued under ,seetion_ 386 or
 * eetion»1181' of this title,. respectively, including, in either ease, ·

emporary dnty_for_ attendance on- any course o£°p£—eparatory'~ nstruction required by such order,`sha1l'lie eonstiued to be active ‘_ dt1ty,tfor the `p-nrpose of inctense of Qlongevity pay of inch retired O.HiC(}1°S·YVi{l1iI1' the meaning of sections 973 and U4 of this title. (Mar. 3, 1925, c. 411, 5 2,. 43 Stat. 1099.) 976. Rattificzition of administrative action aisto pay of ol'5- iets on duty mentionedjn next preceding seetion.4-Any adminstrativ;e' action taken prior to March 3, 1925, by the War-De- )8.I‘_Yll1€l1t dependent for validity upon the construction of see- L ; jions 973 fincl 974 of this title mentioned in thenext preceding motion, or alike construction of any 0[l1\€l‘ statute Kautltorhixing `
 * 11e detail of retiredoflicenfs of the Army to educational institu-
 * _ions, is`herel)y.-ratified and eoniirmed; angl any pay otherwise

lue to gny retired offieeré of the`Regi1lat· Army but heretofore withheld. by reason of a eonstruetion of a_ny of the indicated statutes inconsistent with- those foregoin`g_ shall be·c0r1sitlered. lue and payaible.` (Maxi 3, 1925, e.~411, ‘§  43, Stat. 110Q.·)_ 977L Retired pay of certain warrant :0m¢€l`S of Mine Planter Service.-—·\\’urra11t ·ot1ieet·$ of the Army Mine -1¥lant‘er" `Serviee retired_in redncing. the strength of-the Army in _19@ shall receive retired pay nt the rate __of 2% `perjeentumt of their " active pay, multiplied by the number·of complete years ofpixeln service, bin case of those of less than twenty yem·5’ se·;·viee,“mut it the rate of 3 per eentum of their active pay, multiplied by tlxe numherof complete years of such service, in the ease of thoée of more than twenty yearsi servlee,_not exceeding. 75 per rentuxn. of their active: pay: Provided, That in <·om_putin;;n ‘ longevity pny under the provision of this ,steeti<·n jservice on" boats in the service of the Quztrtermaster Department us! well as service ·i11 the Regular_Ar1ny- shall be counted. (Mar'. 3, 1925;  413, 43 Stat. 1101;)     . - . { 2 · _ 978. Pay of officers retired in reductionof commissioned gersonnel·.+The pay ot officers retired in the induction of the commissioned personnel in the year 1922 shall, in ease of those of m0re than ten years’ and`·less’ {than twenty yenrs° vom.- lI1iSSl0I10d*S€1‘V§t?E, be-ztf,the rate of 21,9per centnm of their, _ active pay multiplied by the numberof complete years of suelr