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APPENDIX

S. 3269, Seventieth Congress, first session, as originally passed by Senate

AN ACT Providing for the advancement on the retired list of the Army of Hunter Liggett and Robert L. Bullard, major generals, United States Army, retired

Be it enacted by the Senate and House of Representatives of the United Statee of America in Congress assembled, That on and after the date of the passage of this Act, Hunter Liggett and Robert L. Bullard, major generals, United States Army, retired, shall have the rank of lieutenant general on the retired list of the United States Army, and shall receive pay and allowances determined as provided by law for other officers on the retired list, and based upon the active pay and allowances provided for lietuenant generals during the World War. Said Hunter Liggett shall also be entitled to receive an amount equal to the difference between such pay and allowances and the pay and allowances of a major general, retired, from March 21, 1921, to the date of the passage of this act. Said Robert L. Bullard shall also be entitled to receive an amount equal to the difference between such pay and allowances, and the pay and allowances of a major general, retired, from January 15, 1925, to the date of the passage of this act.

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Senate Report No. 752, Seventieth Congress, first session

ADVANCEMENT ON THE RETIRED LIST OF HUNTER LIGGETT, MAJOR GENERAL, UNITED STATES ARMY, RETIRED

APRIL 9, 1928.-Ordered to be printed

Mr. GEORGE, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 3269]

The Committee on Military Affairs, to which was referred the bill (S. 3269) providing for the advancement on the retired list of the Army of Hunter Liggett, major general, United States Army, retired, having considered the same, report favorably thereon with the recommendation that it do pass with the following amendments:

Line 4, after the name "Liggett" insert the words "and Robert L. Bullard"; strike out the word "general" and insert in lieu thereof the word "generals".

Line 14, at the end of the bill, add the following sentence:

Said Robert L. Bullard shall also be entitled to receive an amount equal to the difference between such pay and allowances, and the pay and allowances of a major general, retired, from January 15, 1925, to the date of the passage of this act.

Amend the title so as to read:

A bill providing for the advancement on the retired list of the Army of Hunter Liggett and Robert L. Bullard, major generals, United States Army, retired.

Your committee believes that General Bullard should be included in the provisions of this bill as recommended by the War Department. Both Generals Liggett and Bullard held the emergency rank of lieutenant generals to rank from October 16, 1918, and both rendered conspicuous service in command of the only two American Armies. engaged in combat on the west front in the World War. A letter from the Secretary of War is made a part of this report and reads as follows: MARCH 22, 1928.

Hon. DAVID A. REED,

Chairman Committee on Military Affairs,

United States Senate.

DEAR SENATOR REED: In compliance with your request of February 24, 1928, I am pleased to submit the following report on S. 3269.

The subject of the proposed legislation is "A bill providing for the advancement on the retired list of the Army of Hunter Liggett, major general, United States Army, retired." The bill provides:

"That on and after the date of the passage of this act Hunter Liggett, major general, United States Army, retired, shall have the rank of lieutenant general on the retired list of the United States Army and shall receive pay and allowances determined as provided by law for other officers on the retired list and based upon the active pay and allowances provided for lieutenant generals during the World War. Said Hunter Liggett shall also be entitled to receive an amount equal to the difference between such pay and allowances and the pay and allowances of a major general, retired, from March 21, 1921, to the date of the passage of this act."

Under the provisions of existing law Maj. Gen. Hunter Liggett, United States Army, was retired on March 21, 1921, with the rank of major general.

I am heartily in favor of the enactment of S. 3269 for the following reasons: Both of my predecessors as Secretary of War, Hon. Newton D. Baker and Hon. John W. Weeks, advocated legislation to place Major General Liggett on the retired list with the rank and pay of lieutenant general.

This distinguished officer entered the World War with the rank of major general, held the temporary rank of lieutenant general from October 16, 1918, to June 30, 1920, and was retired on March 21, 1921, with the rank of major general. During the war he, in turn, successfully commanded a division, a corps, and an army, and rendered conspicuously solid and brilliant service throughout the whole period of active military operations.

I believe the provisions of this bill to be a fitting tribute to a brilliant military leader and an expression to a distinguished officer of the high regard of the people of the United States, as well as of their Army, for the distinguished and patriotic services rendered by him in peace and in war.

It is recommended that S. 3269 be amended to include Robert L. Bullard, major general, United States Army, retired, for the same advancement, with the same rate of pay and allowances, and that he shall also be entitled to receive an amount equal to the difference between such pay and allowances and the pay and allowances of a major general, retired, from January 15, 1925 (date of retirement), to the date of the passage of the act.

Both Generals Liggett and Bullard were appointed lieutenant generals (emergency) to rank from October 16, 1918, and both rendered conspicuous service in command of the only two American armies engaged in combat on the western front and thus have a peculiarly distinctive claim upon the Government for recognition.

The additional cost of the proposed legislation is estimated to be as follows: Difference between the retired pay of a lieutenant general and that of a major general from Mar. 21, 1921 to Mar. 20, 1928...

Difference between the annual retired pay of a lieutenant general and that of a major general..

$5, 250 750

Should your committee see fit to amend the proposed legislation to include Major General Bullard, the additional cost to cover the amendment is estimated to be approximately as follows:

Difference between the retired pay of a lieutenant general and that of a major general from Jan. 15, 1925, to Mar. 20, 1928..

Difference between the annual retired pay of a lieutenant general and that of a major general..

$2, 385 750

If any additional information from the War Department is desired I shall be pleased to furnish it.

The proposed legislation has been submitted to the Director of the Bureau of the Budget who advises that it is not in conflict with the financial program of the President.

Sincerely yours,

DWIGHT F. DAVIS, Secretary of War.

S. 3269, Seventieth Congress, second session-As amended and passed by House

AN ACT Providing for the advancement on the retired list of the Army of Hunter Liggett and Robert L. Bullard, major generals, United States Army, retired

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary of War shall cause to be prepared an Air Corps promotion list on which shall be placed the names of all officers of the Air Corps of the Regular Army below the grade of colonel. The names on this list shall be arranged in the same relative order that they now have on the Army promotion list and shall be removed from the Army promotion list, and no officer whose name appears on the original Air Corps promotion list shall be considered as having less commissioned service than any officer whose name is below his on this list. All officers commissioned in the Air Corps after the formation of the original Air Corps promotion list shall be placed thereon in accord with length of commissioned service. Any officer whose position on the Air Corps promotion list is changed by sentence of a general court-martial or by law shall be deemed to have the same commissioned service as the officer next below whom he may be placed by such change.

SEC. 2. Except as herein provided, Air Corps flying officers shall be promoted to the grade of first lieutenant when credited with three years' commissioned service; to the grade of captain when credited with seven years' commissioned service; to the grade of major when credited with twelve years' commissioned service; to the grade of lieutenant colonel when credited with twenty years' commissioned service; to the grade of colonel when credited with twenty-six years' commissioned service. All flying officers of the Air Corps below the grade of colonel shall be promited in the order of their standing on the Air Corps promotion list: Provided, That the number of Air Corps officers in the grade of colonel shall not be less than 4 per centum nor more than 6 per centum and the number in the grade of lieutenant colonel shall not be less than 5 per centum nor more than 8 per centum of the total number of officers on the Air Corps promotion list, and the aggregate number of Air Corps officers in the grades of colonel, lieutenant colonel, and major shall not be less than 26 per centum nor more than 40 per centum of the total number of officers on the Air Corps promotion list, and in so far as necessary to maintain said minimum percentage, Air Corps flying officers of less than the required years of commissioned service shall be promoted to the grades of colonel, lieutenant colonel, and major, and only in so far as their promotion will not cause said maximum percentages to be exceeded shall officers who have completed the prescribed years of commissioned service be promoted to the grades of colonel, lieutenant colonel, and major. Nonflying officers of the Air Corps shall be promoted as provided for other branches of the Army.

SEC. 3. When an officer of the Air Corps has served thirty years either as an officer or soldier, he shall, if he makes application therefor to the President, be retired from active service and placed on the retired list: Provided, That, except in time of war, in computing the length of service for retirement, credit shall be given for one and one-half the time heretofore or hereafter actually detailed to duty involving flying, and credit shall also be given for all other time now counted toward retirement in the Army: Provided further, That the number of such voluntary retirements annually shall not exceed 6 per centum of the authorized strength of the Air Corps. When a flying officer of the Air Corps reaches the age of fifty-four years he shall, if he makes application therefor to the President, be retired from active service and placed on the retired list. Officers of the Air Corps who become physically disqualified for the performance of their duties as flying officers shall be eligible for retirement for physical disability.

SEC. 4. An officer of the Air Corps may, upon his own request, be transferred to another branch of the service, and when so transferred shall take rank and grade therein in accordance with his length of commissioned service as computed under existing laws governing the branch to which transferred.

SEC. 7. That on and after the date of the passage of this act, Hunter Liggett and Robert L. Bullard, major generals, United States Army, retired, shall have

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