The Department's proposed Personnel Bill is a pressing subject which the service should take up seriously and impartially.
The attitude taken by some officers "let well enough alone," assuming the present status is satisfactory, is not well founded. The writer, who has been in touch for some time with the sentiment in Congress, can assure the service that that body does not intend to let the present conditions continue. Economy is the watchword, and it does not require a vivid imagination to see that the present scheme of organization is not economical, nor does it require much thought to foresee where the pruning will take place. The fallacies of "vested interests" and "implied contracts" can be preached ad infinitum, but the bald fact remains that our existence depends upon the will of Congress. If the service will study the tables so carefully prepared by the Department entitled "Data as to the Comparative Annual Cost of the Commissioned Personnel of the U. S. Navy and Marine Corps," the economy of the new bill will become apparent.
It is needless to point out the coming "hump" in the junior grade lieutenant's list under the present law. It will not be many years before they will be 40 years old and waiting for promotion.
The question, will the new bill increase the efficiency of the service, should be answered by each officer fairly and honestly, ignoring the attitude "how will it affect me?" and to answer this question it is necessary to read the bill. The Department has sent to each and every officer concerned a copy of the bill together with all the hearings and literature on the subject, so the basis for an opinion is in the hands of the service. It is up to the service to give an intelligent answer, and not a snap judgment.
It is difficult to detach one's personal interest in such a matter and to take the broad ground of the good of the service. There is no doubt that the present status could not be very much improved from a personal point of view, where nearly every one who enters has a good chance to be promoted to each grade and retire on the highest pay in flag rank, providing he keeps his digestion and does not strike his superior officer.
If the Pennsylvania Railroad should announce that hereafter all officials from ticket agents up, would be promoted by seniority and all retired into the grade of general manager, no doubt it would please the personnel, but the efficiency of the road would not improve.
Any military service that does not take into account competition will not succeed, or at least attain the degree of success necessary to win battles. Our success in gunnery has been due to competition—let us apply it to the personnel. It is time to recognize the fact that the navy does not exist for the individual, its function is to win battles. The complaint is sometimes made that the bill is too long and complicated. The revised bill has been considerably shortened and simplified, and, considering the large and important field that it covers, it does not seem unduly long. If the average officer would take time to read it carefully the complications would disappear.
Amalgamation is the stumbling block which many officers cannot surmount. A board of experienced officers representing the corps in question went into this subject very thoroughly and decided not only it could be done but also how it could be accomplished. [See Report of Amalgamation Board, December 20, 1911, a copy of which was sent to all officers.]
From a careful study of the subject the difficulties disappear. Surely the successful effort in amalgamating the engineers some years ago points to success. The objection, that officers at present have too many different subjects to master, and to add construction and pay duties would overwhelm them, is entirely unfounded and arises from insufficient knowledge of the plan proposed. It is not the intention of making all officers take up all specialties. No officer will be required to take up any specialty except that of a naval officer. Most of them will of their own accord take up some one specialty. Line officers at present specialize in ordnance, ammunition, electricity, engineering, wireless, submarine, mines, and torpedoes, and have made notable successes in each. It is proposed to add two more. It should be remembered that the constructors are all graduates of the Naval Academy, and before entering the corps they have about two years sea duty as ensigns. The great gain in amalgamation is flexibility. All hands on board except the doctor and chaplain will be line officers. All will be working for the navy and not for any separate corps. Team work is what wins battles.
Ultimately all line officers will not be constructors or pay officers, but all constructors and pay officers will be sea-going line officers.
The present curriculum of the Naval Academy insures the turning out of good average ensigns—the post graduate courses, recently established, are a fitting corollary to the new personnel bill and can carry out its every measure.
Navy Department's Proposed Bill To Regulate And Increase The Efficiency Of The Personnel Of The United States Navy And Marine Corps.
(Revised to Date, November 12, 1912.)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act the numbers of the personnel of the United States Navy on the active list shall be based on the total displacement tonnage, as contained in the official annual Navy Register, of the battleships and cruisers of the Navy that have been authorized by law within twenty-five years; and the personnel for any fiscal year shall be based on such total tonnage existing on January first next preceding said fiscal year: Provided, That hereafter the annual estimates for the naval establishment shall contain a list of the battleships and cruisers of the Navy as herein defined, with the displacement tonnage and date of authorization of each of them, together with the total of such tonnage; also a list of the numbers of the enlisted personnel and officers of the Navy and Marine Corps at full strength based on such total tonnage; and until such full strength shall be reached said list shall contain the corresponding estimated numbers for the year in question under the operation of this act, said estimated number in no case to exceed the full numbers based on the tonnage are the numbers as enacted into law shall be the authorized numbers: the next ensuing fiscal year.
Sec. 2. That the full strength of the enlisted personnel of the Navy on the active list shall be fixed hereafter on July first of each year at seventy men for every one thousand tons, and fraction in proportion, of the battleships and cruisers of the Navy as ascertained in section one preceding. The authorized numbers for a fiscal year shall be distributed in such ratings as the Secretary of the Navy shall determine, with the approval of the Preside Provided, That the authorized numbers of such personnel in the fiscal year ending June thirtieth, nineteen hundred and four shall be fifty-two thousand five hundred.
Sec. 3. That the full strength of the commissioned line or of the Navy on the active list, excluding officers borne on the Navy list as additional numbers and excluding commissioned warrant officers, shall be fixed hereafter on July first of each at three such officers for every one thousand tons, and fraction in proportion, of the battleships and cruisers of the Navy ascertained in section one of this act: Provided, That the authorized number of such commissioned officers shall not he be increased more than ten per centum nor decreased more than five per centum in any fiscal year.
Sec. 4. That the total resulting strength of the commissioned line officers of the Navy on the active list on the passage of the act shall be distributed in the several grades in the proportion of one flag officer, four captains, five commanders, thirteen lieutenant commanders, and fifty-five lieutenants, lieutenants (junior grade), and ensigns; and the same proportional distribution shall be followed hereafter in the data for the annual estimates required by section one of this act: Provided, That the resulting strength of any of said grades on the passage of this act, and before sc proportional distribution, shall not hereby be reduced: Provided further, That the authorized strength of the several grades of the line on the active list, exclusive of the Admiral of the Navy, are exclusive of additional numbers, on the passage of this act and the fiscal year ending June thirtieth, nineteen hundred and fourteen, shall not exceed one admiral, five vice admirals, and twenty rear admirals, one hundred captains, one hundred and thirty-five commanders, three hundred and fifty lieutenant commanders, and such total number of lieutenants, lieutenants (junior grade), and ensigns as may qualify for said grades under existing law and the provisions of this act.
Sec. 5. That the total number of flag officers, as determined by the provisions of section four preceding shall be distributed in grades in the proportion of one admiral, three vice admirals, and twelve rear admirals. Rear admirals in the upper half of said grade shall receive the pay and allowances now prescribed by law for rear admirals, first nine; and rear admirals in the lower half of said grade shall receive the pay and allowances now prescribed by law for rear admirals, second nine. The President shall appoint the vice admirals, by and with the advice and consent of the Senate, from rear admirals on the active list who have or shall have served creditably as such in command of a fleet, squadron, or division. Similarly, he shall appoint the admirals, by and with the advice and consent of the Senate, from vice admirals on the active list who shall have served creditably as such in command of a fleet, squadron, or division.
Sec. 6. That the annual pay of admirals shall be thirteen thousand five hundred dollars, of vice admirals eleven thousand dollars. The Admiral of the Navy shall be entitled to quarters of twelve rooms, admirals eleven rooms, and vice admirals ten rooms, or in each case commutation therefore at the rate of twelve dollars per room per month, the heat and light allowance to correspond to the allowance of quarters. Admirals and vice admirals shall, on reaching the age of sixty-five years, be retired with three-fourths the pay of their grade. Admirals and vice admirals availing themselves of the privilege of voluntary retirement pursuant to law shall receive the retirement pay of the next lower grade only.
Sec. 7. That after June thirtieth, nineteen hundred and thirteen, there shall be allowed at the Naval Academy one midshipman for each Senator, Representative, and Delegate in Congress, one for Porto Rico, and one for the District of Columbia, and forty at large. The time of admitting successors to the midshipmen at the Naval Academy shall be such as may be established by law from time to time with the object of maintaining the personnel of officers at full strength as provided in this act, and the annual estimates shall recommend, when necessary, such time as may be suitable: Provided, That after June thirtieth, nineteen hundred and thirteen, successors to midshipmen shall be admitted when said midshipmen shall have served two years at the Naval Academy, or, in case of a vacancy in either of said years, then with the next entering class.
Sec. 8. That hereafter midshipmen shall be between the ages of fifteen years and eighteen years on July first of the calendar year of entry. In putting into effect the new ages of entry, the change from the present age limit shall be made as follows: For the current calendar year there shall be no change; subsequently the limits for the first year thereafter shall be fifteen years and nineteen years, and for the second and subsequent years, fifteen years and eighteen years, as required by this act.
Sec. 9. That midshipmen on graduation may be assigned by the Secretary of the Navy to fill vacancies in the lowest commissioned grades of the Corps of Civil Engineers and the Mars Corps: Provided, That ensigns may, with the approval of the Secretary of the Navy, be so assigned to said corps on their own application. Graduate midshipmen and ensigns hereafter assigned to the Corps of Civil Engineers shall take rank and precedent in said corps in accordance with the official order of precedence of officers, which order shall not be changed. Graduate midshipmen hereafter assigned to the Marine Corps shall take rank in said corps in accordance with the date of their commission therein, and ensigns hereafter assigned to the Marine Corps shall take rank in said corps, in accordance with the date of commission as ensign of officers of the line of the Navy of the same precedence as said ensigns.
Sec. 10. That ensigns shall serve three years after the completion of the four years' course at the Naval Academy and shall thereafter be promoted in the order of seniority subject to the examination required by law, to the next higher grade after seven years' total service, counting from July first of the calendar year of precedence date. Thereafter officers below flag rank may be promoted at any time, in the order of seniority, to fill a vacancy in the next higher grade; and shall be promoted in such order subject to the examination required by law, after completing periods of total service, counting from July first of the calendar year of precedence date, as herewith enumerated: Lieutenants (junior grade), ten years; lieutenants, eighteen years; lieutenant commanders, twenty-four years; commanders, twenty-nine years; captains, thirty-seven years: Provided, That such promotions shall not cause at the time an excess in the grade of rear admiral of more than fifteen per centum of the authorized number of rear admirals, nor in the grades of captain, commander, and lieutenant commander for the first ten years after the passage of this act, an excess at the time of more than ten per centum of the authorized numbers of said respective grades; nor after ten years an excess at the time of more than fifteen per centum in any of said grades; and said excess in any grade shall be reduced immediately by retirements from the whole grade, as provided in sections twelve and thirteen of this act.
Sec. 11. That the promotions of officers for total length of service, as required by section 10 preceding, shall begin on July first following the passage of this act, and shall continue on the first day of each fiscal year thereafter.
Sec. 12. That when in June of any year there is a prospect that on the ensuing July first there will be a greater number of captains of thirty-seven or more years' total service, counting from July first of the calendar year of precedence date, than will be required to fill the authorized number of flag officers, the Secretary of the Navy shall convene a board of five of the highest ranking available flag officers, and shall place at its disposal the service and medical records on file in the Navy Department of rear admirals and of captains due by such length of service for promotion to the grade of rear admiral. Said board shall then, as soon as practicable on or after said July first, after the promotions and voluntary retirements due on that date shall have been made, select for retirement a sufficient number of rear admirals to reduce the total number of flag officers on said July first to the authorized number of flag officers. Each member of said board shall swear, or affirm, that he will, without prejudice or partiality, and having in view solely the special fitness of officers and the efficiency of the naval service, perform the duties imposed upon him by this act. The finding of the board, which shall be in writing, signed by all the members, not less than four governing and no member to vote on the name of any officer his senior, shall be transmitted to the President, who shall thereupon, by order, make the transfers of such officers to the retired list as are selected by said board; and said retirements shall date as of July first. The re-division of the rear admirals into upper and lower half shall not take place under said retirements shall have been made. Rear admirals so retire shall receive three-fourths the pay of their grade.
Sec. 13. That when in June of any year there is a proper that the numbers of captains, commanders, or lieutenant commanders, that will result after the ensuing July first promote will exceed the authorized numbers of their respective grades, the Secretary of the Navy shall convene a board of five re admirals, and shall place at its disposal the service and medical records on file in the Navy Department of all the officers in grades of captain, commander, and lieutenant commander, due by length of service for promotion to the grade of lieutenant commander. Said board shall then, as soon as practicable after said July first, select for retirement a sufficient number of officers in each grade as it will exist on said July first, after promotions and voluntary retirements due on that date shall been made, to reduce the total number of captains, commanders, lieutenant commanders, on said July first to the author: numbers of said respective grades. The same procedure in regards to oaths (or affirmation) shall be followed as prescribed in sect twelve of this act. The finding of said board, which shall be writing, signed by all the members, not less than four governing, shall be transmitted to the President, who shall therefore by order, make the transfers of such, officers to the retired as are selected by said board; and said retirements shall date of July first; Provided, That officers so retired shall be entitled to a graded rate of pay in accordance with their rank and length of service, as established in section twenty-three of this act for officers retiring voluntarily on their own application, such retirement pay in any case to be not less than the lowest pay then provided for an officer of the same rank of eighteen years' service. Provided further, That should the medical record of any officer so retired show evidence of incapacity incident to the service or physical disability incurred in the line of duty, he shall, if said incapacity or disability be confirmed by a retiring board, and the recommendation of said board be approved by the President be retired in accordance with the provisions of sections fourteen hundred and fifty-three and fifteen hundred and eighty-eight Revised Statutes.
Sec. 14. That the officers constituting the Pay Corps and the Construction Corps of the United States Navy be, and are hereby, transferred to the line of the Navy, and shall be commissioned accordingly.
Sec. 15. That said transfer to the line shall be made in the official order of precedence of officers at date of passage of this act, with rank according to such precedence in the line, or, in case loss of grade, or loss of rank in grade, would result, then to the grade in the line corresponding to such grade, or rank in grade, previous to said transfer, but in any case without change in the official order of precedence; Provided, That officers of said corps transferred to the line shall continue to rank with other officers of like grade or rank in the line or in any staff corps in accordance with the official order of precedence, in the same manner as before such transfer: Provided, however, That should any officer so transferred to the line have lost precedence on original appointment to the corps from which transferred, he shall, in future, while retaining his grade and present precedence, be entitled to the rank, pay, and allowances of line officers of his original precedence.
Sec. 16. That any officer of the former Pay Corps or the former Construction Corps, after such transfer to the line, may, upon his own application at any time thereafter, be assigned temporarily to the general duties of the line, and if so assigned shall be given a reasonable opportunity to acquire the necessary experience in such line of duties up to and including the duties of the grade he then holds, at the conclusion of which he shall be permanently available for such assignment if he pass the examination provided by law as preliminary to promotion to such grade, failure to pass not to displace such officer from the status for duty occupied by him prior to such temporary assignment: Provided, That should any officer so transferred to the line, and who shall have subsequently qualified for the general duties of the line, have lost precedence on original appointment to the corps from which transferred, he shall, after such qualification, resume his former order of precedence, with its corresponding grade and rank, subject to the examination required by law in case of a promotion to a higher grade.
Sec. 17. That officers of the Pay Corps and the Construction Corps transferred to the line in accordance with this act, who shall not qualify for the general duties of the line in accordance with the preceding section, shall preserve their present status for duty, and shall have all necessary authority over officers or enlisted men for performing said duty: Provided, That assistant naval constructors of the rank of lieutenant (junior grade) so transferred shall be available for the general duties of the lire
Sec. 18. That so far as may be consistent with the efficiency of the service the number of selections for retirement, under the requirements of sections twelve and thirteen of this act, by officers of the former Pay Corps and the former construction company who shall not have qualified for the general duties of the line shall be in any grade in proportion to the number of such officers in any grade.
Sec. 19. That after the passage of this act the duties performed by officers of the Pay Corps and the Construction Corps of the Navy shall be performed by officers of the line may be detailed for such duties: Provided, That no such case be made of any officer of the present line who may be above rank of lieutenant at the date of passage of this act, except temporarily in cases of emergency: Provided further, That section thirteen hundred and eighty-three, thirteen hundred and eighty-four, and thirteen hundred and eighty-five of the Revised Statute be, and are hereby, repealed.
Sec. 20. That the Chief of the Bureau of Construction and Repair and the Chief of the Bureau of Supplies and Accounting shall be appointed from the list of line officers of the Nary not below the grade of commander, or, in case of officers of the former Construction Corps or the former Pay Corps, not below the grade of lieutenant commander, and who shall be skilled in the duties under cognizance of said respective bureaus.
Sec. 21. That temporarily and until the total length of service of the senior captains shall have been first reduced below thirty-seven years, counting from July first of the calendar year precedence date, captains of more than thirty-seven years' service and due by such service for promotion to the grade of rear admiral if retired on the recommendation of the board as provided section thirteen of this act, shall be retired with the rank and three-fourths the pay of rear admirals of the lower half; and likewise said captains shall at any time during said temporary restriction, in the discretion and upon the approval of the President have the privilege of voluntary retirement on their own application in the same manner as if they had been retired on the recommendation of said board.
Sec. 22. That officers of the Navy of the rank of lieutenant commander and above, in the line or in any staff corps, or officers of the Marine Corps of the rank of captain and above, who may be borne on the list of the Navy and Marine Corps as additional numbers, shall, whenever the best interests of the service require, be subject to retirement on the recommendation of the boards provided in this act, in addition to the numbers recommended in accordance with the requirements thereof; but the average yearly proportion of such retirements shall not exceed the average yearly proportion of retirements of other officers of the same rank and grade who shall be retired on the recommendation of said boards; and said officers shall be retired in all respects in the same manner as other officers of the same rank and grade as provided in this act.
Sec. 23. That when the interest of the service shall permit it, and in the discretion and upon the approval of the President, an officer of the Navy or Marine Corps of more than eighteen years' total service, including service in the Regular or Volunteer Army, Navy, or Marine Corps, may, upon his own application, be retired at a graded rate of pay based on rank and length of service. Such graded pay shall be, for each completed year of such service, a percentage of his pay at date of retirement, as herewith enumerated: Eighteen years, thirty-three per centum; nineteen years, thirty-six per centum; twenty years, thirty-nine per centum; twenty-one years, forty-two per centum; twenty-two years, forty-five per centum; twenty-three years, forty-eight per centum; twenty-four years, fifty-one per centum; twenty-five years, fifty-four per centum ; twenty-six years, fifty-eight per centum; twenty-seven years, sixty-two per centum; twenty-eight years, sixty-six per centum; twenty-nine years, seventy per centum; thirty or more years, seventy-five per centum: Provided, That in determining the service necessary for retirement and the retirement pay, under this section, of officers who have heretofore been appointed or commissioned in the Navy from civil life the credit of five years' service, as prescribed by the act of March third, eighteen hundred and ninety-nine, to reorganize and increase the efficiency of the personnel of the Navy and Marine Corps of the United States, shall be duly counted in determining the total service of said officers for the purposes of this section; and in determining the service necessary for retirement and the retirement pay, under this section, of officers of .the Navy hereafter to be commissioned, and of officers of the Marine Corps heretofore commissioned from civil life or from the ranks, or of officers of said corps hereafter to be commissioned, the total service of said officers shall he determined as in sections twenty-seven and twenty-eight, respectively, of this act: And provided further that so much of the ac of June 10, 1896, under pay of the Navy reading "and provided further that hereafter no payment shall be made from appropriations made by Congress to any officer of the Navy or Marine Corps on the active or retired list while such officer is employed after June 30, 1897, by any person or company furnishing naval supplies or war material to the Government: and such payment hereby made unlawful after such date" is hereby repealed.
Sec. 24. That section fourteen hundred and eighty-one, Revised Statutes, be, and the same hereby is, amended to read:
"Sec. 1481. Staff officers of the Navy or Marine Corps who shall have served faithfully for forty-five years, shall, when retired, have the rank of commodore or brigadier general: and any of said officers who shall be retired at the age of sixty-two years or sixty-four years, before having served for forty-five years. but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the rank of commodore or brigadier general: Provided, That said staff officers may, for the purposes of this section, count their service from their date of precedence, or in the case of marine officers, may include such credit of service for retirement as is authorized by law: And provided further, That nothing in this section shall operate to create any claim for back pay or allowances."
Sec. 25. That hereafter officers of the Navy or Marine Corps before being promoted to the next higher rank, shall be examined for promotion under such rules as shall be prescribed by the President. Any such officer who may be ordered before an examination board, or a retiring board, and in the opinion of saw board is not qualified for promotion by reason of professional or mental unfitness, or by reason of incapacity not incident to the service, may, subject to the restriction in the case of officers below the rank of commander or lieutenant colonel of section fifteen hundred and five, Revised Statutes, as herein amended, on the recommendation of said board, if approved by the President, be retired in his rank at a rate of pay in accordance with his record and length of service, such rate of pay to be stated in the recommendation, but in no case to exceed the graded rate of pay based on rank and length of service as provided in section twenty-three of this act for officers who may retire voluntarily on their own application; or he may be retired on furlough pay, or wholly retired with one year's pay, according to the provisions of section fourteen hundred and fifty-four, Revised Statutes: Provided, That if unfit to perform the duties of the place to which it is proposed to promote him, by reason of drunkenness, persistent failure to pay debts, or from any other cause arising from his own misconduct, he shall, in accordance with the provisions of the act of August fifth, eighteen hundred and eighty-two, as hereby amended, be discharged with not more than one year's pay; and this provision shall apply to, and is hereby extended to include, officers of the Marine Corps: Provided further, That section fifteen hundred and five, Revised Statutes, be, and hereby is, amended to read:
"Sec. 1505. Any officer of the Navy or Marine Corps on the active list below the rank of commander or lieutenant colonel, who, upon original examination is found not professionally qualified, shall be suspended from promotion for a period of six months from the date of approval of said examination, and shall suffer a loss of numbers equal to the average six months' rate of promotion to the grade for which said officer is undergoing examination during the five fiscal years next preceding the date of the approval of said examination, and upon the termination of said suspension from promotion he shall be reexamined, and in case of his failure upon such reexamination he shall be dropped from the service with not more than one year's pay, unless otherwise recommended by the examining board pursuant to law."
Sec. 26. That sections eight and nine of the act of March third, eighteen hundred and ninety-nine, to reorganize and increase the efficiency of the personnel of the Navy and Marine Corps of the United States (personnel act), lie, and hereby are, repealed from the date of passage of this act.
Sec. 27. That the precedence service and service for computation of-pay of all officers of the Navy hereafter commissioned in their first commission shall be the same as that of graduates of the Naval Academy reaching at the same time the same rank as that of said first commission: Provided, That the precedence service and service for computation of pay of commissioned warrant officers and warrant officers shall not hereby be reduced, now or hereafter: And provided further, That nothing in this section shall be so construed as to change in any way the precedence service or service for computation of pay of any officer in the naval service at the date of passage of this act.
Sec. 28. That the service for computation of pay of all officers of the Marine Corps hereafter commissioned in their first commission shall be the same as that of graduates of the Naval Academy reaching at the same time the same rank as that of said first commission: Provided, That the service for computation of pay of officers of the Marine Corps heretofore commissioned iron: civil life or from the ranks shall be considered to have been for years at date of first commission: Provided, however, That the service of any such officer shall not hereby be reduced: And provided further, That no back pay shall hereby accrue.
Sec. 29. That nothing in this act shall be so construed as to reduce the rank or grade of any commissioned, warrant, or appointed officer now on the active or retired list of the Navy or Marine Corps; nor to reduce the pay or allowances now authorized by law for any commissioned, warrant, or appointed officer remaining on the active list of the Navy or Marine Corps; nor to increase or reduce the pay or allowances of any commissioned, warrant, or appointed officer now on the retired list of the Navy or Marine Corps.
Sec. 30. That the full strength of the Medical Corps of the United States Navy on the active list, exclusive of the Dental Corps, shall be fixed hereafter on July first of each year at one officer of said corps for each two thousand tons, and fractions in proportion of the battleships and cruisers of the Navy as ascertained in section one of this act: Provided, That the present authorized strength of the Medical Corps shall not hereby be reduced: Provided further, That the total authorized strength of said corps shall not hereby be increased more than ten per centum nor decreased more than five per centum in any fiscal year: And provided further, That the authorized strength of the Medical Corps on the active list, exclusive of the Dental Corps, for the fiscal year ending June thirtieth, nineteen hundred and fourteen, shall De three hundred and forty-five.
Sec. 31. That on the passage of this act the active list of the Medical Corps shall be arranged in the several grades of medical director with the rank of captain, medical inspector with the rank of commander, surgeon with the rank of lieutenant commander, passed assistant surgeon with the rank of lieutenant, and assistant surgeon with the rank of lieutenant (junior grade), in such manner that Officers of said corps shall have the same rank, so far as authorized for the Medical Corps, and as specified in this section, as line officers of the same precedence; and thereafter officers of the Medical Corps shall be promoted to the next higher of said grades when the line officer with whom or next after whom they take precedence is promoted to the corresponding grade in the line.
Sec. 32. That no person shall be appointed assistant surgeon in the Navy until he shall have been examined and found qualified by a board of medical officers, designated by the Secretary of the Navy, and under such rules as the Secretary of the Navy shall prescribe, nor who is at the time of such appointment less than twenty-two or more than thirty years of age; and assistant surgeons commissioned on the same date shall take rank in their order of merit as determined at the date of examination for said appointment.
Sec. 33. That when in June of any year there is a prospect that the numbers resulting in the several grades of the Medical Corps after the ensuing July first promotions in accordance with the provisions of sections ten and thirty-one of this act will exceed in the grade of medical director five sixty-fifths, in the grade of medical inspector five sixty-fifths, or in the grade of surgeon thirteen sixty-fifths of the full strength of the Medical Corps, excluding the Dental Corps, the Secretary of the Navy shall convene a board composed of two flag officers and the three highest ranking available medical directors, and shall place at its disposal the service and medical records on file in the Navy Department of all the officers in the grades of medical director, medical inspector, and surgeon, or due by length of service for promotion to the grade of surgeon. Said board shall then, as soon as practicable on or after said July first, select for retirement, no member to vote on the name of any officer his senior, a sufficient number of said officers in each grade as it will exist on said July after the promotions and voluntary retirements due on that day shall have been made, to reduce the total number of medical directors, medical inspectors, and surgeons on said July first to six sixty-fifths, five sixty-fifths, and thirteen sixty-fifths, respectively of the full strength of the Medical Corps, excluding the Defense Corps. The same procedure in regard to oaths (or affirmation shall be followed as prescribed in section twelve of this act, as the finding and action thereon shall be in accordance with: requirements and subject to the provisos of section thirteen of this act: Provided, That the number of transfers of such officer of the retired list from any of said grades on July first of any shall not exceed ten per centum of the actual number in grade at the time of said transfer.
Sec. 34. That the pay and allowances of officers of the Mt Reserve Corps of the Navy on active duty shall be the same as are now or may hereafter be provided by law for the Mt Reserve Corps of the Army: Provided further, That office the Medical Reserve Corps who shall apply for appointments of the Medical Corps of the Navy may, upon the recommendations of the Surgeon General, be placed on active duty by the Secretary of the Navy for instruction and further examination to deter their fitness for commission in the Medical Corps.
Sec. 35. That the Hospital Corps of the United States Navy shall consist of chief pharmacists, pharmacists, and enlisted men classed as chief hospital stewards, hospital stewards first class, hospital stewards second class, hospital stewards third class, and hospital apprentices, corresponding, respectively, to the enlisted ratings of chief petty officer, petty officer first class, petty officer second class, and petty officer third class, and ordinary seaman that pharmacists shall be appointed by the President, and that vacancies in the grade of pharmacist shall be filled, by selections from the enlisted force of the Hospital Corps of the United States Navy, subject to such examination as the Secretary of the Navy shall prescribe; that the pay, allowances, and emoluments of the enlisted men of the Hospital Corps shall be the same as are now or may hereafter be allowed by law for respective corresponding ratings in the seaman branch: Provided, That the pay of the rating of chief hospital steward shall not be reduced below that allowed by existing law for hospital steward.
Sec. 36. That the full strength of the Corps of Chaplains of the United States Navy on the active list shall be fixed hereafter on July first of each year at one officer of said corps for each twenty thousand tons, and fractions in proportion, of the battleships and cruisers of the Navy as ascertained in section one of this act: Provided, That the present authorized strength of the Corps of Chaplains shall not hereby be reduced: Provided further, That the total authorized strength of said corps shall not hereby be increased more than ten per centum nor decreased more than five per centum in any fiscal year: And provided further, That the authorized strength of the Corps of Chaplains for the fiscal year ending June thirtieth, nineteen hundred and fourteen, shall be twenty-six.
Sec. 37. That chaplains shall be eligible to promotion to the next higher rank when they shall have served three years in the rank of lieutenant (junior grade) and eleven years in the ranks of lieutenant (junior grade) and lieutenant combined: Provided, That chaplains may be promoted at any time to fill a vacancy in the next higher rank: And provided, further, That before appointment to or promotion in rank in the Corps of Chaplains they shall pass such examinations as the Secretary of the Navy shall prescribe.
Sec. 38. That the Corps of Professors of Mathematics of the United States Navy on the active list shall consist hereafter of twelve officers, of whom three shall be professors of mathematics with the rank of captain; four professors of mathematics with the rank of commander; and five, professors of mathematics with the rank of lieutenant commander: Provided, That appointees to said corps shall be not less than thirty nor more than forty years of age at the time of such appointment: Provided further, That before appointment to or promotion in rank in said corps they shall pass such examinations as the Secretary of the Navy shall prescribe: And, provided further, That section fifteen hundred and twenty-eight, Revised Statutes, be, and the same is hereby, repealed.
Sec. 39. That the full strength of the Corps of Civil Engineers of the United States Navy on the active list shall be fixed hereafter on July first of each year at one officer of said corps for each twenty thousand tons, and fractions in proportion, of the battleships and cruisers of the Navy as ascertained in section one of this act: Provided, That the present authorized strength of the Corps of Civil Engineers shall not hereby be reduced: Provided further, That the total authorized strength of said corps shall not hereby be increased more than ten per centum nor decreased more than five per centum in any fiscal year: And provided further, Thai the authorized strength of the Corps of Civil Engineers for the fiscal year ending June thirtieth, nineteen hundred and fourteen, shall be forty-four.
Sec. 40. That hereafter the Corps of Civil Engineers shall comprise civil engineers with the rank of captain, commander, and lieutenant commander, assistant civil engineers with the rank of lieutenant, lieutenant (junior grade), and ensign, and acting assistant civil engineers with the rank of ensign. On the passage of this act the active list of said corps shall be arranged in the several grades and ranks in such manner that officers of said corps shall have the same rank, so far as authorized for the Corps of Civil Engineers, and as specified in this section, as line officers of the same precedence; and thereafter officers of the Corps of Civil Engineers shall be promoted to the next higher of said ranks, with the corresponding grade, when the line officer with whom or next after whom they take precedence is promoted to the corresponding grade in the line: Provided, That no officer shall be promoted in the rank in the Corps of Civil Engineers until he shall have passed such examinations as the Secretary of the Navy shall prescribe.
Sec. 41. That hereafter appointments to the Corps of Civil Engineers, except the appointments thereto of graduate midshipmen and ensigns, as provided in section nine of this act, shall be made only after such prospective appointees shall have served a probationary period of two years, as nearly as may be practicable, as acting assistant civil engineer, which grade is hereby authorized and established. Candidates for appointment to said grade shall be graduates of a school of civil engineering of good standing, shall qualify in a competitive professional examination before a board of officers of said corps designated by the Secretary of the Navy, and under such rules as the Secretary of the Navy shall prescribe, and shall be between the ages of twenty-one and twenty-six years at the time of such appointment, which shall be made by and shall be revocable at the will of the Secretary of the Navy, and shall otherwise be subject to existing law for appointments to the Corps of Civil Engineers; and the rank, pay, and allowances of acting assistant civil engineers shall be the same as for ensigns; and said acting assistant civil engineers shall be subject to the laws governing pensions, gratuities, and other benefits in the naval service, but shall not be entitled to retirement or retirement pay. Said probationary period shall end two years from July first of the calendar year of original entry, and the number of appointments to said grade to be made in any calendar year shall be the number required to fill existing vacancies and prospective vacancies by operation of law in the authorized strength of said corps in the same calendar year: Provided, That graduate midshipmen and ensigns who may qualify under existing law for appointment to the Corps of Civil Engineers and shall be assigned to said corps shall be commissioned assistant civil engineers with the rank of ensign, and shall take rank and precedence in said corps in accordance with the official order of precedence of officers, which order shall not be changed. Upon the completion of the probationary period, as herein prescribed, acting assistant civil engineers shall, if qualified, be commissioned assistant civil engineers with the rank of lieutenant (junior grade), in the order of merit as determined by their probationary service, and under such rules as the Secretary of the Navy shall prescribe.
Sec. 42. That when in June of any year there is a prospect that the numbers resulting in the grade of civil engineer in the ranks of captain and commander after the ensuing July first promotions in accordance with the provisions of sections ten and forty of this act will exceed in said ranks combined twenty per centum of the full strength of the Corps of Civil Engineers, the Secretary of the Navy shall convene a board composed of two flag officers and the three highest ranking available civil engineers, and shall place at its disposal the service and medical records on file in the Navy Department of all the officers of the Corps of Civil Engineers in the ranks of captain and commander, or due by length of service for promotion to the rank of commander. Said board shall then, as soon as practicable on or after said July first, select for retirement, no member to vote on the name of any officer his senior, a sufficient number of said officers in said ranks as they will exist on said July first, after the promotions and voluntary retirements due on that date shall have been made, to reduce the total number of civil engineers of the ranks of captain and commander combined on said July first to said twenty per centum of the strength of the Corps of Civil Engineers. The same procedure regard to oaths (or affirmation) shall be followed as presently in section twelve of this act, and the finding and action there shall be in accordance with the requirements and subject to the provisos of section thirteen of this act: Provided, That the combined number of transfers of such officers to the retired list from the ranks of captain and commander on July first of any year shall not exceed ten per centum of the actual number in said ranks combined at the time of said transfer.
Sec. 43. That two officers not below the rank of lieutenant commander shall be detailed as assistants to each of the bureaus of the Navy Department, and, in case of the death, resigns, retirement, completion of term of appointment, absence, or illness of the chief of the bureau, shall, in order of rank, or otherwise directed by the President, as provided by section hundred and seventy-nine of the Revised Statutes, perform duties of such chief until his successor is appointed or such absence or sickness shall cease.
Sec. 44. That warrant officers in grades as authorized present law and this act, including electricians, which grade hereby authorized and established, may be appointed by the President as may be necessary for the naval service not to exceed twenty in the same grade in any fiscal year. Electricians shall be eligible for appointment as chief electricians after six years from the date of warrant, and the rank, pay, and allowances in the seven grades of warrant officers and commissioned warrant officers shall be the same as now provided by law for boatswains and chief boatswains, respectively, and the allowances shall include also heat and light allowances to correspond to the allowance of quarters: Provided, That all warrant officers shall be examined for promotion by such examining boards as the Secretary of the Navy shall designate: Provided further, That chief carpenter and carpenters and chief electricians and electricians shall be eligible for appointment to the grade of ensign under the restrictions imposed by law upon the appointment to that grade of other commissioned warrant officers and warrant officers: And provided further, That chief boatswains, chief gunners, chief machinists, chief carpenters, and chief electricians, not to exceed a total at any time of six in each grade, who shall have served zealously and who shall pass such examinations as the Secretary of the Navy shall prescribe, may after twenty years from date of warrant be commissioned lieutenants (junior grade) not in the line of promotion; and chief sailmakers and chief pharmacists, not to exceed a total at any time of six in each grade, who shall have served zealously, and who shall pass such examinations as the Secretary of the Navy shall prescribe, may after twenty years from date of warrant be advanced in their respective grades to the rank of lieutenant (junior grade).
Sec. 45. That the full strength of the enlisted personnel of the Marine Corps of the United States on the active list shall be fixed hereafter on July first of each year at a number equivalent to twenty per centum of the full strength of the enlisted personnel of the Navy on the active list for the same year. The authorized numbers for any fiscal year shall be distributed in such noncommissioned and other ranks as the Secretary of the Navy shall determine on the recommendation of the Commandant of the Marine Corps, with the approval of the President: Provided, That the present authorized strength of the enlisted personnel of the Marine Corps shall not hereby be reduced: And provided further, That the authorized numbers of such enlisted personnel for the fiscal year ending June thirtieth, nineteen hundred and fourteen, shall be ten thousand five hundred.
Sec. 46. That the full strength of the commissioned personnel of the Marine Corps, line and staff, on the active list shall be fixed hereafter on July first of each year at forty such officers for each one thousand men, and fractions in proportion, of the full strength of the enlisted personnel of said corps on the active list; and the number of commissioned officers of the staff departments of the Marine Corps on the active list shall be seven and one-half per centum, to the nearest whole number, of the total of said commissioned personnel: Provided, That acting second lieutenants shall be counted in the total of said commissioned personnel: Provided further, That the present authorized strength of said total personnel shall not hereby be reduced : And provided further, That the authorized strength of said commissioned personnel of the Marine Corps shall not hereby be increased more than ten per centum nor decreased more than five per centum in any fiscal year.
Sec. 47. That on the passage of this act the authorized strength of the line of the Marine Corps on the active list shall be distributed in the several grades in the proportion of one general officer, four colonels, five lieutenant colonels, thirteen majors, fifty-two captains, and one hundred and ten first and second lieutenants and acting second lieutenants; and the same proportional distribution shall be followed hereafter in the data for the annual estimates required by section one of this act: Provided, That the authorized strength of the commissioned officers of the Marine Corps, line and staff, on the active list on the passage of this act and for the fiscal year ending June thirtieth, nineteen hundred and fourteen, shall not exceed three hundred and seventy-six, as herewith enumerated: One major general commandant, eight colonels, nine lieutenant colonels, twenty-five majors, ninety-eight captains, two hundred and six first and second lieutenants and acting second lieutenant, one adjutant and inspector with the rank of colonel, two assistant adjutants and inspectors, with the rank of lieutenant colonel, three assistant adjutants and inspectors with the rank of major, one quartermaster with the rank of colonel, two assistant quartermasters with the rank of lieutenant colonel, three assistant quartermasters with the rank of major, eleven assistant quartermasters with the rank of captain, one paymaster with the rank of colonel, one assistant paymaster with the rank of lieutenant colonel, two assistant paymasters with the rank of major, and two assistant paymasters with the rank of captain.
Sec. 48. That hereafter appointments to the Marine Corps, except the appointment thereto of graduate midshipmen and ensigns, who shall take rank as provided in section nine of this act, shall be made only after such prospective appointees shall have served a probationary period of two years, as nearly as may be practicable, as acting second lieutenant, which grade is hereby authorized and established. Candidates for appointment to such grade shall be between the ages of nineteen and twenty-three years at the time of such appointment; which shall be made by and shall be revocable at the will of the Secretary of the Navy, and shall otherwise be subject to existing law for appointments to the Marine Corps; and the rank, pay, and allowances of acting second lieutenants shall be the same as for second lieutenants; and said acting second lieutenants shall be subject to the laws governing pensions, gratuities, and other benefits in the Marine Corps, but shall not be entitled to retirement or retirement pay. Said probationary period shall end two years from July first of the calendar year of original entry, and the number of appointments to said grade to be made in any calendar year shall be the number required to fill existing vacancies and prospective vacancies by operation of law in the authorized strength of the commissioned personnel of said corps in the same calendar year.
Sec. 49. That upon the completion of the probationary service as prescribed in section forty-eight preceding, acting second lieutenants shall, if qualified, be commissioned second lieutenants in the order of merit as determined by their probationary service, and under such rules as the Secretary of the Navy shall prescribe; and such commissions shall date from July first of the calendar year of appointment as acting second lieutenant, but shall not carry any claim for back pay. Officers not so commissioned shall be honorably discharged from the service. Second lieutenants, after three years' total service from date of first commission, shall, if qualified, be promoted to the grade of first lieutenant. Thereafter officers of the line of the Marine Corps may be promoted at any time, in the order of seniority, to fill a vacancy in the next higher grade, and shall be promoted, subject to the examination required by law, after completing periods of total service, counting from July first of the calendar year of date of first commission, as herewith enumerated: First lieutenants, ten years; captains, eighteen years; majors, twenty-four years; lieutenant colonels, thirty years: Provided, That officers who shall have gained or lost numbers shall be considered to have gained or lost service accordingly: And provided further, That such promotions, for the first ten years after the passage of this act, shall not cause at any time an excess in any grade of more than ten per centum of the authorized numbers in such grade; nor after ten years an excess at the time of more than fifteen per centum in any grade; and said excess shall be reduced immediately by retirements from the whole grade, as provided in section fifty-two of this act.
Sec. 50. That the numbers in the several grades of the Marine Corps determined by the requirements of this act on July first of any year shall obtain throughout the fiscal year, and vacancies occurring during the year shall, subject to the provisions of section forty-nine preceding regarding the promotion of acting second lieutenants, be filled in order of seniority from the grade below.
Sec. 51. That the general officers required by section forty-seven of this act shall be selected by the President from the colonels or lieutenant colonels of the line on the active list. The general officers other than the commandant shall have the rank of brigadier general. Hereafter, when a vacancy shall occur in the office of major general commandant of the Marine Corps, the President shall appoint to such vacancy, by and with the advice and consent of the Senate, an officer of the Marine Corps on the active list not below the rank of lieutenant colonel, who shall hold office as such major general commandant for a term of four years, but such appointment shall not create a vacancy in the grade from which such officer may be appointed or to which he may be promoted during the period of such appointment: Provided, That any officer who shall be retired from active service while holding the office of major general commandant, or who shall have served a full term as major general commandant, shall upon retirement, be retired with the rank, pay, and allowance authorized by law for a major general retired.
Sec. 52. That when in June of any year there is a prospect that the numbers of colonels, lieutenant colonels, majors, or captains of the line of the Marine Corps that will result after the ensuing July first promotions in accordance with the provisions of section forty nine of this act will exceed the authorized numbers of their respective grades, the Secretary of the Navy shall convene a board composed of two flag officers and the three highest ranking" available general officers or colonels of the line, and shall place at its disposal the service and medical records on file in the Navy Department of all the officers of the line in the grades of colonel, lieutenant colonel, major, and captain, or due by length of service for promotion to the grade of captain. Said board shall then, as soon as practicable on or after said July first, select for retirement, no member to vote on the name of any officer his senior, a sufficient number of said officers in each grade as it will exist on said Jul) first, after the promotions and voluntary retirements due on that date shall have been made, to reduce the total number of colonels, lieutenant colonels, majors, and captains of the line on said July first to the authorized numbers of said respective grades. The same procedure in regard to oaths (or affirmation) shall be followed as prescribed in section twelve of this act, and the finding
?