ployed in the proviso is to be construed literally-that is, to meet the statutory requirement an officer must be present on duty with one of the organizations prescribed, in the sense that he is in a regular and normal duty status with respect thereto.

12. In applying the rule stated in the preceding paragraph it is immaterial whether the officer is "assigned" to a troop, battery, or company with which he may be serving or "attached" thereto, provided he actually occupies the regular and normal duty status of his grade with respect to said organization; but the complement of officers for each troop, battery, and company has been fixed by statute (secs. 2 and 10, act of Feb. 2, 1901, 31 Stat., 748, 750; and secs. 6 and 8, act of Jan. 25, 1907, 34 Stat., 862), and that complement will not be exceeded. Should emergent or unusual conditions of service arise which call for a commissioned personnel beyond the statutory complement, report will be made to the Secretary of War for his instructions in the premises.

13. Whenever more officers of any grade below that of major, who are not eligible for detached service under the act of Congress approved August 24, 1912, are assigned or attached to, and are present for duty with, a regiment of Cavalry, Field Artillery, or Infantry, or a company of the Coast Artillery Corps, than are needed to give the proper complement of officers to each troop, battery, or company of the regiment or coast defense to which it belongs, the presence of such excess of officers will constitute an emergent condition contemplated by the preceding paragraph, and any officer of such grade may be assigned by the regimental or coast defense commander to duty with any troop, battery, or company in which his services may be needed; but such officer will be assigned to duty, whenever practicable, with a troop, battery, or company whose full complement of officers is not present for luty.

14. An officer actually on duty with a detached portion of his troop, battery, or company is to be regarded as actually present for duty with his organization.

15. Additional duties may be assigned to an officer of company grade belonging to a troop, battery, or company without prejudice to his right to be regarded as actually present for duty therewith provided the assignment of such additional duties leaves him in the duty status with respect to his organization as hereinbefore defined.

16. Battalion, squadron, regimental, and coast defense staff officers and other officers withdrawn from the performance of troop, battery, or company duties are, while so withdrawn, not actually present for duty with a troop, battery, or company.

17. Service with recruit companies, prison guard companies, machine-gun platoons, except as provided for in the act making appropriation for the support of the Army for the fiscal year ending June 30, 1915, regimental detachments, rifle teams, the Army service detachments at the Military Academy, the Service Schools, and the War College, and the Cavalry, Field Artillery, and Engineer detachments maintained at the Military Academy, is not service with a troop, battery, or company of that branch of the Army in which the officer is commissioned.

18. An officer of company grade who is sick in quarters, or in hospital at his post or elsewhere, or in quarantine, or in compliance with summons from a civil or a military court, or in arrest, or undergoing trial, or traveling in compliance with orders to change station from one company assignment to another, or absent with leave, though not actually present for duty with a troop, battery, or company, is not to be considered as detached from his organization for duty of any kind, in such sense as to bring into operation the penalty clause of the proviso.

19. The service of captains and lieutenants holding commissions in the line of the Army will be classified under three headings, viz:

(a) Actually present for duty with a troop, battery, or company-which will reveal the officer's eligibility for detached service in general.

(b) Detached from a troop, battery, or company, for duty of any kind-which will reveal the field of application of the penalty clause of the proviso.

(c) Not actually present for duty with a troop, battery, or company, but not detached for duty of any kind. While in this status officers do not accumulate eligibility for detached service in general; but the status will furnish no occasion for the application of the penalty clause of the proviso. (G. O. 44, 1912-1951564 B, A. G. O.; Par. II, Bul. 2, 1913–1997588, A. G. O.)

20. The following is an extract from "An act making appropriations for the support of the Army for the fiscal year ending June 30, 1914," approved March 2, 1913 (Public-No. 401):

Provided, That hereafter, in determining the eligibility, under the provisions of the act of Congress approved August twenty-fourth, nineteen hundred and twelve, of troop, battery, or company officers for detail as officers of the various staff corps and departments of the Army, except the General Staff Corps, service actually performed by any such officer with troops prior to December fifteenth, nineteen hundred and twelve, as a regimental, battalion, or squadron staff officer, shall be deemed to have been duty with a battery, company, or troop.

21. The foregoing statutory provision is an amendment to the detached service legislation of August 24, 1912. Under existing law said amendment may be invoked only in determining the eligibility of captains and lieutenants of the line for detached service under detail as officers of the Quartermaster Corps, the Signal Corps, and the Bureau of Insular Affairs. (Par. III, G. O. 25, 1913-1951564 C, A. G. O.)

ARTICLE IV.

FOREIGN SERVICE, OFFICERS AND ENLISTED MEN.

15. Tours of duty in Panama, Hawaii, and the Philippine Islands. In order to carry out the provisions of the Army appropriation act of March 4, 1915, requiring "That on and after October 1, 1915, 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," the following is published to the Army for the information and guidance of all concerned:

1. The tours of duty for officers and enlisted men of the Army will be two years for those stationed in the Philippine Islands and three years for those stationed in Hawaii and in the Canal Zone, except that, under the law, officers and enlisted men serving in the Philippine Islands and Canal Zone may, at their own request, be permitted to serve for a longer period. Similar permission may be extended to those serving in Hawaii.

2. Noncommissioned officers above the grade of corporal who have completed the tour specified will, upon their own application, be transferred under paragraph 114, Army Regulations, without loss of rank or grade as established by their warrants, with noncommissioned officers of the same grade belonging to organizations of the same arm of the service stationed within the continental limits of the United States. Regimental, battalion, and squadron noncommissioned staff officers, and first sergeants will be transferred as such. Except upon his own application or by sentence of a court-martial, a noncommissioned officer will not be reduced in grade while his application for transfer under the provisions of this order is pending nor during the first six months of his service with the organization to which he is

transferred. Noncommissioned officers to be transferred to the Philippine Islands, Hawaii, or the Canal Zone will be selected from those who have been noncommissioned officers for six months or more of the rank and grade in which transferred and who have more than two years to serve upon their current enlistments. In no case, however, will transfers to the Philippine Islands, Hawaii, or the Canal Zone be made or recommended unless physical fitness for tropical service shall have been determined by physical examination by the post surgeon or other officer of the medical service; nor, if practicable, in any case where the soldier has not served or resided three years within the continental limits of the United States since completion of his last period of Philippine, Hawaiian, or Canal Zone service.

3. The commanding generals of the Philippine, Hawaiian, and Eastern Departments, will forward to The Adjutant General of the Army, at least two months in advance, a list of the noncommissioned officers who are to be transferred to organizations within the continental limits of the United States, giving grades and organizations.

4. For the purpose of accomplishing transfers between organizations in the United States and like organizations in the Philippine Islands, Hawaii, and the Canal Zone, without loss of grade to the noncommissioned officers so exchanged, and to provide an equitable distribution of such transfers among the several units of each arm, two classes of rosters for individual noncommissioned officers of the grades named in paragraph 2 of this order will be instituted for those serving in the United States. Rosters of the first class, comprising grades above first sergeant, will be kept in the office of The Adjutant General of the Army. Regimental, detached battalion, and coast defense commanders will report immediately to The Adjutant General of the Army any changes that occur in the status of the men carried on this roster. Rosters of the second class, comprising grades of first sergeant and sergeant, will be kept at the headquarters of regiments, detached battalions, and coast defense commands, those voluntarily making applications for such transfers to be placed at the top of the roster. To provide for an equitable distribution of the transfers an organization roster will also be kept in the office of The Adjutant General of the Army.