cause an entry to be made on said rolls and records of the Army, ne Corps, relieving said officer or enlisted man of all the disabilities heretofore or would hereafter suffer by virtue of said charge of appearing against him; and upon such action being taken by the ch officer or enlisted man shall be regarded as having been honorged on the date the charge of desertion was entered against him: That nothing contained in this section shall operate to entitle any listed man to back pay or allowances of any kind or to a pension for any service rendered prior to the World War. Sec. 2, act of March 4, 1925 (43 Stat. 1270); 10 U. S. C. 1434; 34 U. S. C. 1017.

This act apparently affects the following provisions: Making good time lost while absent in desertion, A. W. 107, post, 465; forfeiture of citizenship by desertion in time of war, 154, ante; forfeiture of benefits under war risk insurance, 154, ante. Query, as to its effect, if any, on forfeiture of deposits of savings by desertion, 1485, post.

* * *

* *

*

156. Detail of officers; restrictions repealed.-* Existing laws insofar as they restrict the detail of officers are hereby repealed Sec. 4c, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 762).

157. Detail as aides to general officers.-The General may select from the Army such number of aides, not exceeding six, as he may deem necessary, who shall have, while serving on his staff, the rank of colonel of cavalry. R. S. 1096; 10 U. S. C. 498.

The lieutenant general may select from the Army two aides and one military secretary, who shall have the rank of lieutenant colonel of cavalry while serving on his staff. R. S. 1097; sec. 1, act of Feb. 27, 1877 (19 Stat. 241); 10 U. S. C. 498.

Each major general shall have three aides, who may be selected by him from captains or lieutenants of the Army, and each brigadier general shall have two aides, who may be selected by him from lieutenants of the Army. R. S. 1098; 10 U. S. C. 498.

acts and parts of acts authorizing aides-de-camp and military sccretaries shall not apply to general officers of the General Staff Corps. Sec. 4, act of Feb. 14, 1903 (32 Stat. 831); 10 U. S. C. 498a.

By 284, post, it is provided that no detail, rating, or assignment shall thereafter carry advanced rank except as specifically provided in the National Defense Act of 1920. Said act,

as amended, makes no provision for advanced rank for officers detailed as aides to generals or lieutenant generals.

Additional pay for officers detailed under this section is provided in 1421, post. Such additional pay was suspended for the fiscal years 1934, 1935, and 1936 by a recurring provision in the War Department appropriation act.

157a. Detail as Acting United States High Commissioner to the Philippine Islands. That the President is hereby authorized, in his discretion, to designate a member of the staff of the United States High Commissioner to the Philippine Islands or an officer of the Army or Navy of the United States, to act as the High Commissioner in the event of a vacancy in said office, or the temporary disability or absence of the High Commissioner, and the official so designated shall have all the powers and perform all the duties of the High Commissioner during such vacancy, disability, or absence. Act of June 5, 1936 (49 Stat. 1478); 48 U. S. C. 1237b.

157b. Detail as personal physician to the Fresident. That the officer of the Medical Corps, United States Army, or of the Medical Corps, United States Navy, below the rank of colonel or captain, respectively, who is now, or hereafter may be, assigned to duty as physician to the White House, shall have the temporary rank and pay and allowances of a colonel, Medical Corps, United States Army,

or of a captain, Medical Corps, United States Navy, while so serving: Provided, That the officer now assigned to that duty shall have the rank, pay, and allowances herein provided from March 6, 1929, the date of assignment as such. Act of Apr. 4, 1930 (46 Stat. 140); 10 U. S. C. 515; 34 U. S. C. 251a.

The 1929 text of this section based on act of May 16, 1928 (45 Stat. 570), is superseded by the above. (See J. A. G. 010.3, July 10, 1931, pages 39, 150.)

158. By 1049, post, the duties and authority of the Board of Road Commissioners and of the Secretary of War in connection therewith were transferred to the Department of the Interior. This section, based on the act of January 27, 1905 (33 Stat. 616) as amended, is accordingly omitted as no longer in effect.

159. Detail to American Battle Monuments Commission.-That a commission is hereby created and established, to be known as the American Battle Monuments Commission (hereinafter referred to as the commission), to consist of seven members who shall be appointed by the President, who shall also appoint one officer of the Regular Army to serve as its secretary. The members and secretary shall serve at the pleasure of the President, who shall fill any vacancies that from time to time occur. The secretary shall also serve as disbursing officer of the commission, who shall make disbursements upon vouchers approved by its chairman.

Upon the request of the commission the President is authorized to designate such personnel of any department or of the Army, Navy, or Marine Corps as may be necessary to assist in carrying out the purposes of this Act, and the commission is authorized to employ such further personnel as may be necessary to carry out the purposes of this Act, within the limits of any appropriation or appropriations made for such purposes. Sec. 1, act of Mar. 4, 1923 (42 Stat. 1509); 36 U. S. C. 121.

For authority and functions of this commission, see 979, post.

160. Detail to American National Red Cross; officers of the Medical Department. The President is authorized to detail not more than five officers of the Medical Department for duty with the military relief division of the American National Red Cross. Par. 4, sec. 127a, added to the act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785); 10 U. S. C. 105.

161. Detail to American National Red Cross; officer of the Medical Corps.* Provided, That hereafter the Secretary of War is hereby authorized to detail an officer of the Medical Corps to take charge of the first-aid department of the American Red Cross. Act of Mar. 3, 1911 (36 Stat. 1041); 10 U. S. C. 106.

161a. Detail to board on beach erosion and shore protection; officers of the Corps of Engineers.-* * * that there shall be organized under the Chief of Engineers, United States Army, by detail from time to time from the Corps of Engineers and from the engineers of State agencies charged with beach erosion and shore protection, a board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be selected with regard to their special fitness by the Chief of Engineers from among the State agencies cooperating with the War Department. * Sec. 2, act of July 3, 1930 (46 Stat. 945); 33 U. S. C. 426.

162. Detail to Bureau of the Budget.-Hereafter no commissioned officer of the Army, Navy, or Marine Corps shall be deprived of his right to pay and allowances while serving on such duty as the President may direct in the coordination of the business of the Government, as now being conducted by him under the general supervision of the Director of the Bureau of the Budget: Provided, That the number of officers detailed to this duty shall not at any time exceed twenty-six. Act of Feb. 12, 1925 (43 Stat. 895); 10 U. S. C. 848; 34 U. S. C. 872.

A similar provision appeared in the War Department appropriation act of June 7, 1924 (43 Stat. 481).

163. Detail to branches, officers; general provision.-Officers of all grades in the Infantry, Cavalry, Field Artillery, Coast Artillery Corps, Corps of Engineers, and Medical Department; officers above the grade of captain in the Signal Corps, Judge Advocate General's Department, Quartermaster Corps, Ordnance Department, and Chemical Warfare Service, all chaplains and professors and the military storekeeper shall be permanently commissioned in their respective branches. All officers of the General Staff Corps, Inspector General's Department, Bureau of Insular Affairs, and Militia Bureau shall be obtained by detail from officers of corresponding grades in other branches. Other officers may be either detailed, or with their own consent, be permanently commissioned, in the branches to which they are assigned for duty. Sec. 4, act of June 3, 1916 (39 Stat. 167); sec. 4, act of June 4, 1920 (41 Stat. 760); 10 U. S. C. 487.

164. Detail to Air Corps.-* Provided further, That hereafter in time of peace, in order to insure that the commissioned officers of the Air Corps shall be properly qualified flying officers and for the purpose of giving officers of the Army an opportunity to so qualify, the Secretary of War is hereby authorized to detail to the Air Corps officers of all grades, and such officers shall start flying training immediately upon being so detailed, but hereafter such officers shall not remain detailed to the Air Corps for a period in excess of one year or be permanently commissioned therein unless they qualify as flying officers: Provided further, That any officer who is specifically recommended by the Secretary of War because of special qualifications other than as a flyer may be detailed to the Air Corps for a period longer than one year, or may be permanently commissioned in the Air Corps, but such officers, together with those flying officers who shall have become disqualified for flying, shall not be included among the 90 per centum of flying officers: And provided further, That nothing in this Act shall be construed to limit the number of officers in each grade that may be detailed to the Air Corps for training as flying officers except that the total number of officers allotted to the Air Corps shall not be exceeded. * * Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 781); 10 U. S. C. 291b.

For definition of "flying officer," see 32, ante.

165. Detail to General Staff Corps.-In time of peace the detail of an officer as a member of the General Staff Corps shall be for a period of four years, unless sooner relieved. * * Sec. 5, act of June 3, 1916 (39 Stat. 167); sec. 5, act of June 4, 1920 (41 Stat. 763); sec. 1, act of June 3, 1938 (52 Stat. 610); 10 U. S. C. 25.

In time of peace no officer of the line shall be or remain detailed as a member of the General Staff Corps unless he has served for two of the next preceding six years in actual command of, or on duty other than General Staff duty, with troops of one or more of the combatant arms or as instructor with the National Guard, Organized Reserves, or Reserve Officers' Training Corps * Provided, That

an officer commissioned in a staff corps shall not be or remain detailed as a member of the General Staff Corps unless he has served for one of the next preceding five years with troops of one or more of the combatant arms or as instructor with the National Guard, Organized Reserves, or Reserve Officers' Training Corps. *

In the administration of this provision, all duty performed between April 6, 1917, and July 1, 1920, inclusive, or as a student at service schools, other than those of the noncombatant branches, at any time, shall be regarded as satisfying the requirements of service with combatant arms. Sec. 4c, added

to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 762); act of Apr. 22, 1938 (52 Stat. 220); 10 U. S. C. 27, 28, 29.

It was provided by sec. 5, act of June 3, 1916 (39 Stat. 168), that no officer, other than the Chief of Staff and the general officers, should be detailed to the General Staff Corps except upon the recommendation of a board of five officers not below the rank of colonel, whose recommendation, to be effective, must be acted upon within one year from the time when made or prior to the convening of another board.

The former limitation of details to officers borne on the General Staff eligible list was eliminated by the act of June 3, 1938, supra, which act also added the new provision that duty as instructor with the National Guard, Organized Reserves, or Reserve Officers' Training Corps, should count the same as duty with the combatant arms in determining eligibility for such details.

Officers of the National Guard of the United States and reserve officers are to be "regarded as additional members of the General Staff" while serving on general staff committees under 1258, post.

166. This section, based on section 5, National Defense Act of June 3, 1916 (39 Stat. 167), as amended; 10 U. S. C. 31, was expressly repealed by section 2, act of June 3, 1938 (52 Stat. 610).

167. This section, based on section 5, National Defense Act of June 3, 1916 (39 Stat. 167), as amended; 10 U. S. C. 30, was expressly repealed by section 2, act of June 3, 1938 (52 Stat. 610).

168. Detail to branches; enlisted men; general provision.- * * and hereafter it shall be unlawful * * * to retain, detail, or employ in any branch of the War Department in the city of Washington, any persons other than those herein authorized, except in the Signal Office and the Engineer Corps, and except such commissioned officers as the Secretary of War may from time to time assign to special duties; * * a Sec. 1, act of June 20, 1874 (18 Stat. 101); 10 U. S. C. 642a.

Provided, That the number of warrant officers and enlisted men on duty in the offices of the Chiefs of Ordnance, Engineers, Coast Artillery, Field Artillery, Cavalry, Infantry, and Chaplains on March 5, 1934, shall not be increased, and in lieu of warrant officers and enlisted men whose services in such offices shall be terminated for any cause prior to July 1, 1937, their places may be filled by civilians, for the pay of whom, in accordance with the Classification Act of 1923, as amended, the appropriation "Pay of the Army" shall be available. Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1279).

"Those herein authorized" refers to civilian personnel. See Dig. Op. J. A. G. 1920, p. 136; id. 1921, p. 10.

A specific number of enlisted men was authorized, as an additional detail for clerical service in the office of the Chief of Engineers, and no restriction was placed on the employment of any of the 500 enlisted men of the Signal Corps (that being the number once authorized) to the office of the Chief Signal Officer, by a series of acts, none of which appear to have been permanent legislation. See, for example, act of Mar. 3, 1881 (21 Stat. 404), and act of Aug. 5, 1882 (22 Stat. 239).

The second paragraph, supra, originating in the appropriation act for the fiscal year 1935 and changed in form in the appropriation act for 1937 has been repeated in subsequent appropriation acts.

169. Detail to office of the Chief of Coast Artillery; warrant officers and enlisted men.-" * ** Provided, That nothing contained in this Act or any other Act shall be construed as precluding the detail upon duties of a technical or military nature of not to exceed eight warrant officers, or enlisted men of the Coast Artillery Corps, in the office of the Chief of Coast Artillery. Sec. 1, act of Mar. 3, 1921 (41 Stat. 1279); 10 U. S. C. 273.

170. Detail to Department of Commerce; officers of the Air Corps. That the President of the United States be, and he is hereby, authorized in his discretion to detail officers of the Air Corps of the Army of the United States to duty under the Secretary of Commerce in connection with the work of promoting civil aviation as provided for in the air commerce act of 1926: Provided, That

such detail shall not be for a period of more than one year. Pub. res. of July 3, 1926 (44 Stat. 915); 10 U. S. C. 292c.

170a. Detail to District of Columbia government. That within twenty days after the approval of this Act the President of the United States, by and with the advice and consent of the Senate, is hereby authorized to appoint two persons, who, with an officer of the Corps of Engineers of the United States Army, whose lineal rank shall be above that of captain, shall be Commissioners of the District of Columbia, and who, from and after July first, eighteen hundred and seventy-eight, shall exercise all the powers and authority now vested in the Commissioners of said District, except as are hereinafter limited or provided, and shall be subject to all restrictions and limitations and duties which are now imposed upon said commissioners. The commissioner who shall be an officer detailed, from time to time, from the Corps of Engineers, by the President, for this duty, shall not be required to perform any other, nor shall he receive any other compensation than his regular pay and allowances as an officer of the Army. Sec. 2, act of June 11, 1878 (20 Stat. 103); 10

U. S. C. 189.

* The President of the United States may detail from the Engineer Corps of the Army not more than three officers, junior to the engineer officer belonging to the Board of Commissioners of said District, to act as assistants to said engineer commissioner in the discharge of the special duties imposed upon him by the provisions of this Act. Sec. 5, act of June 11, 1878 (20 Stat. 107); act of Aug. 7, 1894 (28 Stat. 246); 10 U. S. C. 190.

Hereafter such engineer commissioner may, in the discretion of the President of the United States, be detailed from among the captains or officers of higher grade having served at least fifteen years in the Corps of Engineers of the United States. Pub. res. Dec. 24, 1890 (26 Stat. 1113); 10 U. S. C. 189. By act of March 3, 1881 (21 Stat. 460), it is provided that the engineer commissioner shall be entitled to receive such compensation, in addition to his Army pay and allowances, as will make his compensation equal to $5,000 per annum, and recent District of Columbia appropriation acts have provided for compensating him at such rate in grade 8 of the professional and scientific service of the Classification Act of 1923 as may be determined by the Board of Commissioners.

170b. Detail to Department of State.-The President, in his discretion, may assign officers of the Army or Navy or officers or employees of the Treasury Department for duty as inspectors of buildings owned or occupied by the United States in foreign countries, or as inspectors or supervisors of buildings under construction or repair by or for the United States in foreign countries, under the jurisdiction of the Department of State, or for duty as couriers of the Department of State, and when so assigned they may receive the same traveling expenses as are authorized for officers of the Foreign Service, payable from the applicable appropriations of the Department of State. State Department appropriation act of May 15, 1936, Title I (49 Stat. 1321); 5 U. S. C. 274; 10 U. S. C. 541; 34 U. S. C. 448a.

This provision, which first appeared in the State Department appropriation act of March 22, 1935 (49 Stat. 70), and in modified form as above, has been repeated in subsequent appropriation acts.

171. Detail to educational institutions for training in aviation.-That the Secretary of War be, and he hereby is, authorized to detail such officers of the Army as he may select, not exceeding twenty-five at any one time, to attend and pursue courses of aeronautic engineering or associate study at such schools, colleges, and universities as he may select. Sec. 1, act of May 10, 1920 (41 Stat. 594); 10 U. S. C. 298.