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Par. 575-577. Heads of departments, appoint- 627. Decision by Comptroller in advance ment and detail.

of payment. 578. Appointments to the staff.

628. Assignment of claims; powers of 579–582. Details to the staff; promotions.

attorney. 583-588. Examinations for promotion.

629. Counterfeit money. 589–590. Transfers to the staff.

630. Presentation of drafts. 591. Promotion after fourteen years serv- 631. Lost checks, duplicate checks. ice.

632–635. Accounts and accounting. 592–605. Disbursing officers; bonds. 636-641. Rendition of accounts. 606-610. Deposit and safe-keeping of 642. Revision of accounts. public moneys.

643. Suits for the recovery of money. 611-616. Proceeds of sales.

644-661. Miscellaneous offenses in con617-624. Disbursements.

nection with public money. 625-626. Inspection of disbursements.


Vacancies, how filled.

575. When vacancies shall occur in the position of chief 26, v. 31, p. 755. F43:12.1991

, s. of any staff corps or department the President may appoint

to such vacancies, by and with the advice and consent of the Senate, officers of the Army at large not below the rank of lieutenant-colonel, and who shall hold office for terms of four years. When a vacancy in the position of chief of any staff corps or department is filled by the appointment of any officer below the rank now provided by law for said office, said chief shall, while so serving, have the same rank, pay, and allowances now provided for the chief of such corps or department. Sec. 26, act of February 2, 1901 (31 Stat. L., 755).

576. So long as there remain in service officers of any staff corps or department holding permanent appointments, the chief of such staff corps or department shall be selected from the officers so remaining therein. Ibid.

577. Any officer now holding office in any corps or de

partment who shall hereafter serve as chief of a staff 1 For the requirement of section 1132 of the Revised Statutes, authorizing the President to designate officers of the several staff departments to perform the duties of chiefs of department during the absence of the heads thereof, see paragraph 121, ante.

The same, restriction.


The same, retirement.


corps or department and shall subsequently be retired, shall be retired with the rank, pay, and allowances authorized by law for the retirement of such corps or department chief. Lid.


578. Appointments to fill original vacancies in the low- Appointments. est grade in the Adjutant-General's Department, the v. 31, p, 900. Inspector-General's Department, and Judge AdvocateGeneral's Department, and in the grade of captain in the Quartermaster's Department, Subsistence Department, and Pay Department may be made from officers of volunteers commissioned since April twenty-first, eighteen hundred and ninety-eight, and the age limit prescribed as to chaplains shall not apply to persons who served as chaplains of volunteers after said date who were under forty-two years of age when originally appointed. Act of March 2, 1901 (31 Stat. L., 900).


579. That so long as there remain any officers holding Permet 1901, s. permanent appointments in the Adjutant-General's De-26, v. 31, p. 755, partment, the Inspector-General's Department, the Quartermaster's Department, the Subsistence Department, the Pay Department, the Ordnance Department, and the Signal Corps, including those appointed to original vacancies in the grades of captain and first lieutenant under the provisions of sections sixteen, seventeen, twenty-one, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods for which the officers so promoted shall hold their appointments. Sec. 26, act of February 2, 1901 (31 Stat. L., 755).

580. When any vacancy, except that of the chief of the Details. department or corps, shall occur which can not be filled by promotion as provided in this section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps after the original vacancies created by this act shall have been filled. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. Ibid.



Vacancies in line.

Sec. 27, ibid.

581. All officers so detailed shall serve for a period of four years, at the expiration of which time they shall return to duty with the line, and officers below the rank of lieutenant-colonel shall not again be eligible for selection in any staff department until they shall have served two years with the

ne. Ibid. 582. Each position vacated by officers of the line transferred to any department of the staff for tours of service under this act shall be filled by promotion in the line until the total number detailed equals the number authorized for duty in such department. Thereafter vacancies caused by details from the line to the staff shall be filled by officers returning from tours of staff duty. If under the operation of this act the number of officers returned to any particular arm of the service at any time exceeds the number authorized by law in any grade, promotions to that grade shall cease until the number has been reduced to that authorized. Sec. 27, ibid.



583. Examinations.

586. The same, waiver of privilege. 584. Failure to pass.

587. Examination of engineer and ord585. Examination of appointees from

nance officers. civil life.

588. Promotion of absent officer. Examinations for promotion.

583. That the President be, and he is hereby, authorized Oct. 1, 1990, s. 3, to prescribe a system of examination of all officers of the V. 26, p. 562.

Army below the rank of major to determine their fitness

See, also, section 1 of the act of October 1, 1890 (26 Stat. L., 252). So much of section 1194, Revised Statutes, as prohibited appointments and promotions in the Adjutant-General's, Inspector-General's, Pay, Quartermaster's, Subsistence, Ordnance, and Medical Departments was repealed; as to the Adjutant-General's Department, by the act of March 3, 1875 (18 Stat. L., 478); as to the Inspector-General's Department, by the act of June 23, 1874 (18 Stat. L., 244); as to the grade of major in the Pay Department, by the act of March 3, 1875 (18 Stat. L., 524), and the act of March 3, 1877 (19 Stat. L., 270); as to the Quartermaster's Department, by the act of March 3, 1875 (18 Stat. L., 338); as to the Ordnance, Subsistence, and Medical Departments, by section 8 of the act of June 23, 1874 (18 Stat. L., 245). The act of March 3, 1877 (19 Stat. L., 270), declared that this section “now applying only to the grades in the Pay Department of the Army above the rank of major is hereby repealed” (19 Stat. L., 270).

The act of June 23, 1874, contained the provision that as vacancies shall occur in any of the grades of the Ordnance and Medical Departments, no appointments shall be made to fill the same until the numbers in such grade shall be reduced to the numbers which are fixed for permanent appointments by the provisions of this act; and thereafter the number of permanent officers in said grades shall continue to conform to said reduced numbers, and all other grades in said Ordnance and Medical Departments than those authorized by the provisions of this act shall cease to exist as soon as the same shall become vacant by death, resignation, or otherwise; and no appointment or promotion shall hereafter be made to fill any vacancy which may occur therein.

The same statute also provided that no officer now in the service shall be reduced in rank or mustered out by reason of any provision of law herein made reducing the number of officers in any department or corps of the staff.

3, v. 26, p. 562.

for other reasons,


civil lile, etc.

for promotion, such an examination to be conducted at
such times anterior to the accruing of the right to promo-
tion as may be best for the interests of the service: Pro-
vided, That the President may waive the examination for
promotion to any grade in the case of any officer who in
pursuance of existing law has passed a satisfactory exami-
nation for such grade prior to the passage of this act. Sec.
3, act of October 1, 1890 (26 Stat. L., 562).
584. If

any officer fails to pass a satisfactory examina- Retirement on tion and is reported unfit for promotion, the officer next due to physicau below him in rank, having passed said examination, shall tracted in line of receive the promotion: And provided, That should the 0t. 1, 1890, s. officer fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in line of duty he shall be retired with the rank to Failure which his seniority entitled him to be promoted; but if he should fail for any other reason he shall be suspended from promotion for one year, when he shall be reexamined, and in case of failure on such reexamination he shall be honor- Failure on reably discharged with one year's pay from the Army.

585. The examination of officers appointed in the Army Examination from civil lif or of officers who were officers of volun- pointed from teers only, or where officers of the militia of the several Sec. 3, ibid. States called into the service of the United States, or were enlisted men in the regular or volunteer service, either in the Army, Navy, or Marine Corps, during the war of the rebellion, shall be conducted by boards composed entirely Composition of of officers who were appointed from civil life or of officers who were officers of volunteers only during said war, and such examination shall relate to fitness for practical service and not to technical and scientific knowledge: and in case of failure of any such officer in the reexamination herein- Failure. before provided for, he shall be placed upon the retired list of the Army; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for. Sec. 3, act of October 1, 1890 (26 Stat. L., 562).

586. Officers entitled by this section to examination by Officers apa board composed entirely of officers who were appointed civil life may from civil life, or who were officers of volunteers only similar characduring the war, may, by written waiver filed with the 'July 27,1892, v. War Department, relinquish such right, in which case the examination of such officers shall be conducted by boards composed as shall be directed by the Secretary of War. Act of July 27, 1892 (27 Stat. L., 276).


27, p. 276.

Examination 587. The examination of officers of the Corps of Engiof certain officers of Engineers and neers and Ordnance Department, who were officers or

Sec, 2, 11.27 enlisted men in the regular or volunteer service, either in 1892v. 27, p. 276.

the Army, Navy, or the Marine Corps, during the war of the rebellion, shall be conducted by boards composed in the same manner as for the examination of other officers of their respective corps or department; and the examinations shall embrace the same subjects prescribed for all other officers of similar grades in the Corps of Engineers and Ordnance Department, respectively. Sec. %, act of July 27, 1892 (27 Stat. L., 276).

588. When the exigencies of the service of any officer Feb, 2, 1901, s. who would be entitled to promotion upon examination

require him to remain absent from any place where an examining board could be convened, the President is hereby authorized to promote such officer, subject to examination, and the examination shall take place as soon thereafter as practicable. If upon examination the officer be found disqualified for promotion, he shall, upon the approval of the proceedings by the Secretary of War, be treated in the same manner as if he had been examined prior to promotion. Sec. 32, act of February 2, 1901 (31 Stat. L., 1756).

Promotion of absent officer.

32, v. 31, p. 756.


Transfers between line and staff.

March 3, 1812, S. 4, v. 2, p. 819

Apr. 24, 1816, s. 9, v. 3, p. 298.

June 18, 1846, s. 7, v. 9, p. 18. Sec. 1205, R.S.

589. Officers may be transferred from the line to the staff of the Army without prejudice to their rank or promotion in the line; but no officer shall hold, at the same time, an appointment in the line and an appointment in the staff which confer equal rank in the Army. When any officer so transferred has, in virtue of seniority, obtained, or become entitled to, a grade in his regiment equal to the grade of his commission in the staff, he shall vacate either his commission in the line or his commission

in the staff. Transfers of

590. Engineers shall not assume nor be ordered on any engineerofficers.

Apr 10, 1906. duty beyond the line of their immediate profession, except Sec. 1168, R.S. by the special order of the President. They may, at the

discretion of the President, be transferred from one corps to another, regard being paid to rank.


1 The requirements of this section, since the approval of the act of February 2, 1901 (31 Stat. L., 748), apply only to transfers between officers of the line and officers holding permanent appointments in the several departments or branches of the staff.

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