The Secretary of War may detail one or more officers and enlisted men of the Regular Army to attend any encampment, maneuver, or other exercise for field or coast-defense instruction of the National Guard, who shall give such instruction and information to the officers and men assembled for such encampment, maneuver, or other exercise as may be directed by the Secretary of War or requested by the governor or by the commanding officer of the National Guard there on duty. Sec. 96, act of June 3, 1916 (39 Stat. 207); 32 U. S. C. 67. Under such regulations as the President may prescribe the Secretary of War may provide for assemblages of officers, warrant officers, and enlisted men of the National Guard for the purpose of attending schools to be conducted by officers of the Regular Army detailed by the Secretary of War for that purpose, * * *. Sec. 97, act of June 3, 1916 (39 Stat. 207); sec. 2, act of May 28, 1926 (44 Stat. 674); 32 U. S. C. 64. That the troops of the militia encamped at any military post or camp of the United States may be furnished such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Secretary of War, and such instruction in firing shall be carried on under the direction of an officer selected for that purpose by the proper military commander. Sec. 21, act of Jan. 21, 1903 (32 Stat. 779); 32 U. S. C. 71. By 1326, post, the Secretary of War is authorized to detail instructors from the Regular Army during military maneuvers of the National Guard and Regular Army held on national military parks. 195. Detail as adjutant general of the National Guard, District of Columbia.— That the President may assign an officer of the Army to act as adjutant general of the militia of the District of Columbia, who, while so assigned, shall be commissioned as such and be subject to the orders of the commanding general and the provisions of this Act: Provided, however, That the officer so assigned shall receive no other pay or emolument than that to which his rank in the Army entitles him when on detached service. Sec. 9, act of March 1, 1889 (25 Stat. 773). See 1264, post. 196. In view of the fact that jurisdiction over the United States Park Police is now in the National Park Service, Interior Department, by virtue of Executive Order No. 6166, June 10, 1933, and act of March 2, 1934 (48 Stat. 389), this section, based on section 4, act of May 27, 1924 (43 Stat. 175), as amended, is omitted as no longer affecting the War Department. 197. Detail to Philippine Constabulary. That officers of the Army of the United States may be detailed for service as chief and assistant chiefs, the said assistant chiefs not to exceed in number four, of the Philippine Constabulary, and that during the continuance of such details the officer serving as chief shall have the rank, pay, and allowance of brigadier general, and the officers serving as assistant chiefs shall have the rank, pay, and allowances of colonel: Provided, That the difference between the pay and allowances of the brigadier general and colonel, as herein provided, and the pay and allowances of the officers so detailed in the grades from which they are detailed shall be paid out of the Philippine treasury. Sec. 1, act of Jan. 30, 1903 (32 Stat. 783); 10 U. S. C. 537. And hereafter no officer holding a permanent commission in the Army with rank below that of major shall be detailed as assistant to the Chief of the Bureau of Insular Affairs with rank of colonel, or as commanding officer of the Porto Rico Regiment of Infantry, or as chief or assistant chief (Director or Assistant Director) of the Philippine Constabulary, and no other officers of the Army shall hereafter be detailed for duty with the said constabulary except as specifically provided by law. Sec. 1, act of Aug. 24, 1912 (37 Stat. 571); 10 U. 8. C. 537. Details to the Philippine Constabulary no longer carry advanced rank. See 284, post. 198. This section, based on section 4, act of February 26, 1925 (43 Stat. 984), is omitted, the Office of Director of Public Buildings and Public Parks having been abolished by Executive Order No. 6166, June 10, 1933. 199. Detail to recruiting duty.be detailed for recruiting service ** no officer on the active list shall where officers on the retired list can Sec. 40b, added to act of * be secured who are competent for such duty. 200. Detail as instructors in rifle practice.—* Provided, That the President be, and he is hereby, authorized, in his discretion, to appoint, as director of civilian marksmanship, under the direction of the Secretary of War, an officer of the Army or of the Marine Corps. Sec. 1, act of Aug. 29, 1916 (39 Stat. 648); 32 U. S. C. 182. * * That the President may detail capable officers and noncommissioned officers of the Regular Army and National Guard to duty at such ranges as instructors for the purpose of training the citizenry in the use of the military arm. * Sec. 113, act of June 3, 1916 (39 Stat. 211); 32 U. S. C. 183. Provided, That the Secretary of War, in his discretion, and under such regulations as he may prescribe, may authorize the detail of enlisted men of the Army as temporary instructors in rifle practice to organize rifle clubs requesting such instruction. Act of May 12, 1917 (40 Stat. 64); 32 U. S. C. 184. 201. This section, based on section 4, act of September 7, 1916 (39 Stat. 729); 46 U. S. C. 805, was specifically repealed by section 903, Merchant Marine act of June 29, 1936 (49 Stat. 2016). 202. Detail as servants.-No officer shall use an enlisted man as a servant in any case whatever. R. S. 1232; 10 U. S. C. 608. A provision similar to this section applicable to the Navy is found in sec. 1, act of March 15, 1934 (48 Stat. 412), making appropriations for the Navy Department, and subsequent appropriation acts. The second and third paragraphs of the 1929 text of this section, based on R. S. 1235 and 1236, respectively, were expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1428). As the appropriation made by section 9, act of February 28, 1919 (40 Stat. 1202); 10 U. S. C. 643, on which the fourth paragraph of this section was based, has long since been exhausted, the provision may be regarded as fully executed and has been omitted. (J. A. G. 010.3, November 12, 1929, page 111). 203. Detail as stenographic reporters; enlisted men.* * Provided, That hereafter enlisted men may be detailed to serve as stenographic reporters for general courts-martial, courts of inquiry, military commissions, and retiring boards. * * Sec. 1, act of Aug. 24, 1912 (37 Stat. 575); 10 U. S. C. 644. Extra pay for enlisted men so detailed is provided by 1436, post. 204. Detail to surveying duty.-Officers of the Army and Navy shall, so far as practicable, be employed in the work of surveying the coast of the United States whenever and in the manner required by the department having charge thereof. R. 8. 4687; 33 U. S. C. 886. 205. Detail as governor of the Virgin Islands.-* Provided, That the President may assign an officer of the Army or Navy to serve as such governor and perform the duties appertaining to said office: Provided further, That the governor of the said islands shall be appointed by and with the advice and consent of the Senate: Sec. 1, act of Mar. 3, 1917 (39 Stat. 1132); 48 U. S. C. 1391. The section is from an act providing for the government of the Virgin Islands. 206. Detail to citizens' military training camps.-* * War is authorized further * The Secretary of to employ thereat officers, warrant officers, and enlisted men of the Regular Army in such numbers and upon such duties as he may designate. Sec. 47d, added to the act of June 3, 1916, by sec. 84, act of June 4, 1920 (41 Stat. 779); 10 U. S. C. 442. 207. Detail to United States Disciplinary Barracks.-The officers of the United States Disciplinary Barracks shall consist of a commandant and such subordinate officers as may be necessary, who shall be detailed by the Secretary of War from commissioned officers of the Army at large. * Par. 4, sec. 2, act of March 4, 1915 (38 Stat. 1085); 10 U. S. C. 1454. 207a. Active duty of retired officers; general provisions.retired officer shall not be assignable to any other duty. * 10 U. S. C. 990. and a * R. S. 1259; The above provision follows a provision authorizing detail of retired officers to duty at the Soldiers' Home (see 222, post). While modified by various subsequent enactments (see 208, post, et seq.), it is believed still effective to prevent the detail of retired officers to duty except under circumstances expressly prescribed by law (J. A. G. 010.3, October 20, 1930, page 79). 208. Active duty of officers retired for disability.-That the Secretary of War shall make a list of all officers of the Army who have been placed on the retired list for disability and shall cause such officers to be examined at intervals as may be advisable, and such officers as shall be found to have recovered from such disabilities or to be able to perform service of value to the Government sufficient to warrant such action shall be assigned to such duty as the Secretary of War may approve. Sec. 1, act of Aug. 29, 1916 (39 Stat. 629); 10 U. S. C. 935. The War Department recommends the express repeal of this section, as having no application at the present time (J. A. G. 010.3, November 12, 1929, page 156). 209. Active duty of officers retired in Class B.-* * If an officer is thus retired before the completion of thirty years' commissioned service, he may be employed on such active duty as the Secretary of War considers him capable of performing until he has completed thirty years' commissioned service * * * Sec. 24b, added to the act of June 3, 1916, by sec. 24, act of June 4, 1920 (41 Stat. 773); 10 U. S. C. 571. 210. 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 act of March 3, 1911 (36 Stat. 1052); 10 U. S. C. 994, is accordingly omitted as no longer in effect. 211. Detail of retired officers as members of courts-martial, courts of inquiry, and boards.- * * and the Secretary of War may assign retired officers of upon courts-martial, courts of inquiry and boards, * * * Act of Apr. 23, 1904 (33 Stat. 264); 10 U. S. C. 991. For pay and allowances of retired officers so assigned, see 1513, post. the Army, with their consent, * 212. This section, based on section 1, act of May 4, 1880 (21 Stat. 113), and act of August 6, 1894 (28 Stat. 235) was superseded by 215, post, and is omitted from the United States Code (J. A. G. 010.3, October 20, 1930, page 84), and from the Military Laws. 213. This section, based on R. S. 1225 as amended by act of November 3, 1893 (28 Stat. 7), and act of March 3, 1909 (35 Stat. 738) was superseded by 215, post, and is omitted from the United States Code (J. A. G. 010.3, October 20, 1930, page 84), and from the Military Laws. 214. This section, based on R. S. 1225, as amended by section 1, act of February 26, 1901 (31 Stat. 810), section 2, act of February 26, 1901 (31 Stat. 810), and section 1, act of April 21, 1904 (33 Stat. 225), and on section 2, act of April 21, 1904 (33 Stat. 225), was superseded by 215, post, and is omitted from the United States Code (J. A. G. 010.3, October 20, 1930, page 84), and from the Military Laws. 215. Detail of retired personnel as instructors, Reserve Officers' Training Corps, and educational institutions. The President is hereby authorized to detail such numbers of officers, warrant officers, and enlisted men of the Regular Army, either active or retired, as may be necessary for duty as professors of military 136307-40-8 science and tactics, assistant professors of military science and tactics, and military instructors at educational institutions where one or more units of the Reserve Officers' Training Corps are maintained. In time of peace retired officers, retired warrant officers, or retired enlisted men shall not be detailed under the provisions of this section without their consent, and no officer on the active list shall be detailed for recruiting service or for duty at a school or college, not including schools of the service, where officers on the retired list can be secured who are competent for such duty. Sec. 40b, added to act of June 3, 1916, by * * sec. 33, act of June 4, 1920 (41 Stat. 777); 10 U. S. C. 386. And the Secretary of War is hereby authorized to detail such available active or retired officers, warrant officers, and enlisted men of the Regular Army as he may deem necessary to said schools and colleges, other than those provided for in section 40 of this Act: Provided, That while so detailed they shall receive active pay and allowances: Provided further, That in time of peace retired officers, warrant officers, or enlisted men shall not be detailed under the provisions of this section without their consent. Sec. 55c, added to act of June 3, 1916, by sec. 35, act of June 4, 1920 (41 Stat. 780); 10 U. S. C. 1181. That the authority for detail of retired officers of the Regular Army contained in section 40b and section 55c of the National Defense Act of June 3. 1916, as amended by the Act of June 4, 1920, shall, in either case, be construed to include authority to so detail retired officers of the Philippine Scouts. Sec. 1, act of Mar. 3, 1925 (43 Stat. 1099); 10 U. S. C. 331. By 2024, post, institutions to which the second paragraph of this section are applicable must have a course of military training prescribed by the Secretary of War, and at least 100 physically fit male students above the age of 14 years. The last sentence of the first paragraph of the 1929 text of this section is omitted as superseded by 1513, post. (J. A. G. 010.3, October 20, 1930, page 47). * * * as 216. For text of this section as published in the 1929 Edition, see 1340a, post. 217. Detail of retired officers as military attachés.- * * and the Secretary of War may assign retired officers of the Army, with their consent, military attachés, * Act of Apr. 23, 1904 (33 Stat. 264); 10 U. S. C. 991. For pay and allowances of retired officers so assigned, see 1513, post. 218. Detail of retired officers to National Guard duty.-* * * Provided, That in addition to the detail of retired officers now authorized by law, it shall hereafter be lawful for the Secretary of War to detail, whenever in his judgment the public interests require it, not exceeding twenty retired officers for service in connection with the Organized Militia in the States or Terriories, upon the request of the governor thereof Act of Mar. 2, 1903 (32 Stat. 932). * * * ** * and the Secretary of War may assign retired officers of the Army, with their consent, * for service in connection with the Organized Militia in the several States and Territories upon the request of the governor thereof, * Act of Apr. 23, 1904 (33 Stat. 264); 10 U. S. C. 991. For pay and allowances of retired officers so assigned, see 1513, post. The third paragraph of the 1929 text of this section has been transferred to 191, ante. 219. Detail of retired officers as adjutant general of the National Guard, District of Columbia.-That the President of the United States may detail as Adjutant General of the District of Columbia Militia any retired officer of the Army who may be nominated to the President by the brigadier general commanding the District of Columbia Militia, said retired officer while so detailed to have the active-service pay and allowances of his rank in the Regular Army. Act of June 6, 1900 (31 Stat. 671); 10 U. S. C. 998. 220. Detail of retired officers as post commander.- * * * Provided, That when by reason of the movement of troops a post is temporarily left without its regular garrison and with no commissioned officer except of the Medical Reserve Corps on duty thereat, the Secretary of War may assign a retired officer of the Army, with his consent, to active duty in charge of such post. The officer so assigned shall perform the duties of commanding officer and also any necessary staff duties at such post, Sec. 1, act of Aug. 29, 1916 (39 Stat. 627); 10 U. S. C. 995. The Medical Reserve Corps ceased to exist June 3, 1917, by reason of sec. 37, National Defense Act of June 3, 1916 (39 Stat. 190). * and the Secre For pay, and allowances of retired officers so assigned, see 1513, post. 221. Detail of retired officers to recruiting duty.-* tary of War may assign retired officers of the Army, with their consent, to active duty in recruiting, Act of Apr. 23, 1904 (33 Stat. 264); 10 U. S. C. 991. no officer on the active list shall be detailed for recruiting service where officers on the retired list can be secured who are competent * * Sec. 40b, added to act of June 3, 1916, by sec. 33, act for such duty. of June 4, 1920 (41 Stat. 777); 10 U. S. C. 536. For pay and allowances of retired officers so assigned, see 1513, post. 222. Detail of retired officers to Soldiers' Home.-Retired officers of the Army may be assigned to duty at the Soldiers' Home Provided, That they receive from the Government only the pay and emoluments allowed by law to retired officers. R. S. 1259; act of Feb. 27, 1877 (19 Stat. 243); 10 U. S. C. 996. For second paragraph of the 1929 text of this section, see 1125, post. 223. Detail of retired officers to staff duties.-* and the Secretary of War may assign retired officers of the Army, with their consent, staff duties not involving service with troops; (33 Stat. 264); 10 U. S. C. 991. * * * * * * to Act of Apr. 23, 1904 Provided, That assignments which have been, or may hereafter be made, of retired officers of the Army to active duty as acting quartermasters shall be regarded as assignments to staff duties not involving service with troops within the meaning of the Act of Congress approved April twenty-third, nineteen hundred and four. Act of May 12, 1917 (40 Stat. 48); 10 U. S. C. 993. For pay and allowances of retired officers so assigned, see 1513, post. Provision is made by Title II, War Department appropriation act of July 14, 1932 (47 Stat. 689), for active duty pay of one retired officer to administer Arlington National Cemetery (see 223a, post), and one in the office of the Chief of Finance; and by Title I, War Department appropriation act of Mar. 4, 1933 (47 Stat. 1574), for active duty pay for one additional retired officer detailed to perform the duties of librarian at the Military Academy. (See 1183a, post.) By Title I, War Department appropriation act of April 26, 1934 (48 Stat. 618), not to exceed five retired officers were to receive increased pay for active duty during the fiscal year 1935. Not to exceed seven are provided for the fiscal years 1936 and 1937 by War Department appropriation acts of April 9, 1935 (49 Stat. 124), and May 15, 1936 (49 Stat. 1282); not to exceed twelve for the fiscal year 1938 by the military appropriation act of July 1, 1937 (50 Stat. 446), and not to exceed seven for the fiscal year 1939 by the military appropriation act of June 11, 1938 (52 Stat. 645). 223a. Detail of retired officers as superintendent, Arlington National Ceme tery.-* * * Provided further, That hereafter Arlington National Cemetery shall be administered by an officer of the Army retired from active service under the provisions of section 1251, Revised Statutes, detailed on active duty for that purpose, * Title II, act of July 14, 1932 (47 Stat. 689). 224. Detail of retired officers to active duty in time of war.-In time of war retired officers may be employed on active duty in the discretion of the President, and when so employed they shall receive the full pay and allowances of their grades. Par. 3, 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. 992. |