The above provision is added as a new paragraph of this section. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men for the duration of the war, see 134, post.

86. Bureau of Insular Affairs; establishment and duties.

This section, based on section 87, act of July 1, 1902 (32 Stat. 712); 48 U. S. C. 1, has been eliminated from the Code.

87. Bureau of Insular Affairs; composition.

The functions of the Bureau of Insular Affairs were transferred to the Interior Department by section 4 (d), Reorganization Plan No. 2, post, 888c.

88. Chief of the Bureau of Insular Affairs; appointment, tenure, rank, pay and allowances.

This section, based on act of June 25, 1906 (34 Stat. 456); 48 U. S. C. 3, has been eliminated from the Code.

1939 * *

92. Chaplains; number.-On and after July 1, * Commissioned officers, other than general officers, shall be assigned to the several branches as follows: * * Corps of Chaplains, one hundred and fifty-two; Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

*

*

This section, based on act of June 30, 1922 (42 Stat. 721); 10 U. S. C. 233, 482, was superseded by the above provision. For increase or decrease by not more than 30 per centum, and removal of limitation on number for the duration of the war, see 134, post. 93. Chief of Chaplains; appointment, tenure, rank, pay, and allowances. For temporary rank of Chief of Chaplains and other chaplains, see 2160b, post.

109. Leader of the Army Band.

In the last paragraph of the note at the end of the section the reference to the act of April 14, 1936 (49 Stat. 1936), should be changed to read (49 Stat. 2252).

110. Regular Army Reserve.

The Third Supplemental National Defense Appropriation Act of October 8, 1940 (54 Stat. 966), provides for transportation of dependents and transportation of effects of enlisted men of the Regular Army Reserve when ordered to active duty and upon relief therefrom. For further provision, see 1531, post.

The appropriation, "Pay of the Army," is made available for pay of enlisted men of the Regular Army Reserve by military appropriation act of June 30, 1941 (55 Stat. 368).

"10 U. S. C. 343" should be eliminated from the citation to this section and "10 U. S. C. 658" added.

CHAPTER 2

ARMY PERSONNEL

Accountability for public property; action on | Discharge:

112. Accountability for public property, action on reports of survey.—That hereafter those officers of the Army designated by the Secretary of War, under such regulations as he may prescribe, may take action upon reports of survey and all other vouchers pertaining to the loss, damage, spoilage, unserviceability, unsuitability, or destruction of property of the United States under the control of the War Department, and the action taken by any such officer on said surveys or vouchers shall be final: Provided, That in a case where any person or concern is held pecuniarily liable for the loss, damage, spoilage, or destruction of property of the United States under the control of the War Department, such findings shall not be final until approved by the Secretary of War or by the Chief of Finance acting under the authority of the Secretary of War. Act of Oct. 30, 1941 (55 Stat. 758); 10 U. S. C. 1304.

That hereafter brigadier generals of the line shall be appointed from among officers of the line commissioned in grades not below that of lieutenant colonel who are credited with twenty-eight years' continuous commissioned service in the Regular Army as herein before provided and whose names are borne on an eligible list prepared annually by a board of not less than five general officers of the line, not below the grade of major general: Provided, however, That not more than 25 per centum of the total authorized number of brigadier generals of the line may be appointed, without regard to length of service, from among officers of the line commissioned in grades not below that of lieutenant colonel and whose names are borne on such eligible list. Sec. 4, act of June 13, 1940 (54 Stat. 381); act of Mar. 29, 1944 (58 Stat. 128); 10 U. S. C. 551a.

The above provision is added as a new paragraph of this section.

120. Appointment of chiefs of branches and assistants.

* ** *Hereafter appointment as chief of any branch shall be made from among officers commissioned in grades not below that of lieutenant colonel who are credited with twenty-eight years' continuous commissioned service in the Regular Army as hereinbefore provided, and who have demonstrated by actual and extended service in such branch or on similar duty that they are qualified for such appointment. Sec. 4, act of June 13, 1940 (54 Stat. 381); act of Mar. 29, 1944 (58 Stat. 128); 10 U. S. C. 551a.

The above provision is added as a new paragraph of this section.

By 10, ante, the selection of chief of branch is not to be limited to the list of brigadier generals therein provided for.

121. Appointments in grade of second lieutenant.-Except as otherwise herein provided, all appointments in the Regular Army shall be made in the grade of second lieutenant from the following groups: Group 1, from graduates of the United States Military Academy; group 2, from warrant officers and enlisted men of the Regular Army who have had at least two years' service; group 3, from honor graduates of the senior division of the Reserve Officers' Training Corps; group 4, from members of the Officers' Reserve Corps and flying cadets, who have performed active duty under the provisions of this Act, which duty may include service as a flying cadet in the Air Corps Training Center; and group 5, from Reserve officers and from officers, warrant officers, and enlisted men of the National Guard, members of the Enlisted Reserve Corps, and graduates of technical institutions approved by the Secretary of War: Provided, That, after all qualified members of group 1 have been appointed, appointments from the second, third, fourth, and fifth groups shall be made in accordance with such regulations as the Secretary of War may prescribe, from persons between the ages of twenty-one and thirty years: Provided further, That the number to be selected from each of the second, third, fourth, and fifth groups, and the number to be assigned to each branch of the service within the limits prescribed by law from all groups shall be determined by the Secretary of War in his discretion: Provided further, That until June 30, 1949, the total number of officers to be appointed annually from group 4, not including flying cadets, in the promotion list branches other than the Air Corps shall be not less than 10 per centum of the total number of Reserve officers of such branches other than the Air Corps authorized to be called annually under appropriation Acts, and in no event less than fifty, and that any officers added to the Army under existing authorization shall be made within the

total authorized commissioned strength of sixteen thousand seven hundred and nineteen: And provided further, That immediately upon the effective date of this Act, the President is authorized to commission not to exceed three hundred second lieutenants in the Air Corps of the Regular Army, from among Reserve officers and flying cadets who have qualified for such appointment under existing laws. *Sec. 24e, added to act of June 3, 1916, by sec. 24, act of June 4, 1920 (41 Stat. 774); sec. 7, act of Apr. 3, 1939 (53 Stat. 557); 10 U. S. C. 484.

This section has been amended as above.

*

*

By 35a-1, ante, the grade of "aviation cadet" was substituted for the grade of "flying cadet."

124. Original appointments to be probationary.-The Secretary of War, under such regulations as he may prescribe, may hereafter revoke the commission of any officer on the active list, initially commissioned after the date of this Act, who, at the date of said revocation, has had less than three years of continuous service as a commissioned officer of the Army, and each officer whose commission is so revoked shall be discharged from the Army: Provided, That until July 1, 1942, the marriage of an officer shall not be a cause for revocation of commission but that after that date, under regulations issued pursuant to the authority contained in this Act, marriage may be a cause for revocation of commission only in the event that the officer marries within one year subsequent to the date of his original commission. Sec. 23, act of June 3, 1916 (39 Stat. 181); sec. 23, act of June 4, 1920 (41 Stat. 771); act of July 25, 1939 (53 Stat. 1074); 10 U. S. C. 484a.

That notwithstanding any provision of law which prohibits the appointment as a second lieutenant in the Air Corps, Regular Army, of a person above the age of thirty years, any Reserve officer of the Air Corps now on extended active duty with the Air Corps who on the date of enactment of this Act has served not less than a total of two years on such extended active duty or on duty as an enlisted pilot or both, and who on the date of enactment of this Act is over thirty years of age by a period not in excess of the total such active duty performed by him, and any warrant officer and enlisted man now in the active service in the Regular Army who is a qualified pilot, shall be eligible, if otherwise qualified, to be appointed in the fiscal year 1940 as a second lieutenant, Air Corps, of the Regular Army: Provided, That vacancies in the Air Corps, Regular Army, which are to be filled in the fiscal year 1940 upon the basis of competitive examinations held in the fiscal year 1940, shall be apportioned to applicants under this Act in the ratio that the number of such applicants bears to the total number of applicants for appointment in the Air Corps, Regular Army, under other provisions of law: And provided further, That applicants for appointment under this Act shall be given qualifying examinations separate and distinct from those given to other applicants for commission. Act of Aug. 5, 1939 (53 Stat. 1213); 10 U. S. C. 292b–3.

The above provision is added as a new paragraph of this section.

126. Appointments in Judge Advocate General's Department.

This section was reenacted without change by section 7, act of April 3, 1939 (53 Stat. 558).

*

127. Appointments in Medical Department.—* * Appointments in the Medical, Dental, and Veterinary Corps in the grade of first lieutenant shall be made from Reserve Medical, Dental, and Veterinary officers, respectively.