Page:United States Statutes at Large Volume 61 Part 1.djvu/910

 section results in a fraction of a whole number, fractions of one-half and greater shall be counted as a whole number and fractions of less Appointments in than one-half shall be disregarded: And provided further, That the omatic ervice, numbers of general officers set forth in this subsection and in the sev- eral provisos thereof shall be exclusive of general officers on the active list of the Regular Army who are specifically authorized by Acts of Congress to hold appointments in the Diplomatic or Consular Service of the Government or to hold any civil office under the Government or any instrumentality thereof. Maintenance of (b) There shall be maintained a seniority list of the general officers seniority ist. of the Regular Army. The first name on the list shall be that of the general officer most senior in permanent general officer grade; the sec- ond name on the list shall be that of the senior next below the first; the third on the list shall be that of the senior next below the second; and so on throughout the list. Brigadier generals. (C) DATE OF RANK.- (1) The date of rank of an officer appointed in the grade of brigadier general in the Regular Army shall be the date of appointment: Provided, That, if at time of appointment he holds office in temporary grade of brigadier general or any higher temporary grade, his date of rank shall be the date of rank held in such temporary grade, or formerly held in the temporary grade of brigadier general if appointed to higher temporary grade from that grade; but in no event shall such date of rank be earlier than that of the junior officer in the permanent grade of brigadier general in the Regular Arm. Major generals. A(2 The date of rank of an officer appointed in the grade of major general in the Regular Army shall be the date of rank held by such officer in the grade of brigadier general in the Regular Army: Pro- vided, That, if at time of appointment he does not hold office in per- manent grade of brigadier general, but does hold office in the tempo- rary grade of brigadier general or higher temporary grade, his date of rank shall be the date of rank held in such temporary grade, or formerly held in the temporary grade of brigadier general if appointed to higher temporary grade from that grade: And provided further, That such date of rank shall not be earlier than that of the junior officer in the permanent grade of major general in the Regular Army. Effective date. (d) The provisions of this section shall be effective immediately Repeals. upon the enactment of this Act and the following Acts and parts of Acts and all other laws or parts of laws inconsistent or in conflict with the provisions of this section are hereby repealed: (1) That part of section 4 of the National Defense Act, as amended, 41 stat. 760. which precedes the paragraph commencing with the words, "SEC. 4a." (10 U. S.C. 482, 483, 487, 551). (2) The Act of May 28, 1940 (54 Stat. 227; 10 U. S . C. 482c). (3) Section 4 of the Act of June 13, 1940 (54 Stat. 381), as amended (10 U. S. C. 551a). GENERAL OFFICERS-ASSIGNMENTS-POSrrIONs CARRYING RANK OF GENERAL AND LIEUTENANT GENERAL SEC. 504. (a) General officers holding office in any general officer grade, under permanent or temporary appointments, including gen- eral officers of the Army of the United States, or any component thereof, serving on active Federal duty, may be assigned or detailed to any duties or positions under regulations prescribed by the President. taDin sitionf be (b) The President is authorized, from time to time, to designate President, etc. certain positions of importance and responsibility which shall carry the rank of general and lieutenant general, respectively, and to desig- nate and assign to such positions any of the general officers holding 886 PUBLIC LAWS-CH. 512-AUG. 7, 1947 [61 STAT.

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