Government can afford to be generous. He has not only earned the title proposed to be conferred, but through his efficient service both in the Army and as Director of the Budget, he has placed the people of the United States under deep obligations to him.

I shall be very happy to cooperate in helping to enact the legislation proposed. Sincerely yours,

Hon. W. FRANK JAMES,

MARTIN B. MADDEN.

House of Representatives, Washington, D. C.

MY DEAR MR. JAMES: I have read your bill (H. R. 7926) which proposes to give to Gen. H. M. Lord the rank of major general on the retired list. I wish to express my very hearty approval of this measure and my desire to cooperate with you in every way that I can toward bringing about its prompt passage.

It is a deserved recognition of the splendid service rendered by General Lord, not only because of valuable service rendered to the Nation while Chief of Finance of the Army during the World War but also in his present position of Director of the Budget. The present Chief of Finance of the Army enjoys the rank of major general, and certainly his predecessor who has rendered such valuable service to the Nation should be given a like honor.

Very sincerely yours,

JANUARY 5, 1928.

JOSEPH W. BYRNS.

Senate Report No. 752. Seventieth Congress, first session

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

Hon. DAVID A. REED,

Chairman Committee on Military Affairs.

United States Senate.

MARCH 22, 1928.

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 e 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.

Your committee is of the opinion that Generals Liggett and Bullard should be given the rank of lieutenant general, but that the provision for the increase of their pay as retired officers should not be favorably considered. The measure has, therefore, been amended by striking out this language.

S. 3269, Seventieth Congress, second session, with amendments to House amendments as agreed to by the Senate February 16, 1929

AN ACT Providing for the advancement on the retired list of the Army of Hunter Liggitt 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 aggregate number of commissioned officers of the Regular Army and Philippine Scouts on the active list shall not exceed the number now or hereafter expressly authorized by law, and all such officers, except officers of the Medical Department, chaplains, and professors, shall be designated as promotion-list officers. The number of promotion-list officers in each of the grades below brigadier general shall be such as results from the operation of the promotion system prescribed in this Act, and shall not be otherwise limited: Provided, That except as otherwise in this Act prescribed, the aggregate number of promotion-list colonels and lieutenant colonels shall not exceed 15 per centum, and the number of promotion-list field officers shall not be less than 26 per centum, of the maximum aggregate number of promotion-list officers authorized by law.

SEC. 2. That all promotions under this act shall be subject to such examination as shall have been required by authority of law. Promotion-list officers in the grades of second lieutenant, first lieutenant, captain, major, and lieutenant colonel shall, except as otherwise prescribed in this act, be promoted to the respective next higher grade when their names appear first in their grade upon the promotion list, and when, under provisions of this act, they are credited with three, ten, fifteen, twenty, and twenty-six years of service, respectively The promotion of majors credited with twenty years of service shall be deferred so long as necessary to prevent the limitation of 15 per centum hereinbefore prescribed for the combined grades of colonel and lieutenant colonel being exceeded, and no officer shall be promoted to the grade of colonel until he shall have served at least two years in the grade of lieutenant colonel: Provided, That promotion-list officers not promoted from the grade of major under the fore-going provisions shall be promoted to the grade of lieutenant colonel when, under provisions of this act, they are credited with promotion purposes with not less than twenty years of service and are also not less than fifty-two years of age, and officers so promoted under this proviso shall be promoted to the grade of colonel when credited with twenty-six years of service, or as soon thereafter as they shall have served not less than two years in the grade of lieutenant colonel and shall be additional numbers in the grades of lieutenant colonel and colonel and shall not be counted in computing the maximum percentage hereinbefore prescribed for such grades: Provided further, That in the application of the foregoing proviso each United States Military Academy class shall be treated as a unit as of the average age of the members of the class. In so far as necessary to maintain the prescribed minimum of field officers, captains credited with less than fifteen years of service shall be promoted in the order of their standing upon the promotion list. SEC. 3. That flying officers commissioned in the Air Corps in the grades of first lieutenant and captain shall be promoted to the respective next higher grades when credited for promotion under provisions of this act with seven and twelve years of service, respectively. When promotion as hereinbefore prescribed in this and preceding sections of this act fails to provide the Air Corps with the per centum of colonels, lieutenant colonels, and majors hereinafter specified flying officers commissioned in the Air Corps shall be promoted in the order of their relative standing on the promotion list so that the number of Air Corps officers in the grade of colonel shall be 3 per centum, in the grade of lieutenant colonel. 4 per centum, and in the grade of major 18 per centum, respectively, of the total number of officers commissioned in the Air Corps, fractions being disregarded in computing said numbers. Flying officers of the Air Corps promoted to the grades of lieutenant colonel and colonel under provisions of this section shall be additional numbers therein and shall not be counted in computing the maximum percentage for such grades hereinbefore prescribed in this act. Any flying officer of the Air Corps promoted under provisions of this section who may become surplus in the grade of major, lieutenant colonel, or colonel by reason of a subsequent

decrease in the total number of officers commissioned in the Air Corps shall be an additional number in his grade in the Air Corps until absorbed. The term "flying officer" as used in this act shall be construed to mean a flying officer as defined by section 13a of the national defense act as amended.

SEC. 4. Length of service for promotion under this act shall be computed as follows:

First, each promotion-list officer originally commissioned in the Regular Army prior to July 2, 1920, without prior Federal commissioned service, whose active commissioned service shall have been continuous since acceptance of original commission, shall be credited with the full period from the date of such original commission;

Second, each promotion-list officer commissioned in the Regular Army or Philippine Scouts prior to July 2, 1920, who is not included in the category defined in the preceding subparagraph shall be credited with a length of service equal to that accredited to the officer of said category whose name appears nearest above his on the promotion list;

Third, each promotion-list officer originally commissioned in the grade of second lieutenant in the Regular Army or Philippine Scouts after July 1, 1920, shall be credited only with the period of service from the date of such original commission: Provided, That each promotion-list officer not included in any of the foregoing categories and each officer of said categories whose original relative position on the promotion list shall have been changed or affected by sentence of courtmartial, by special enactment, by discontinuity of his active service, or by suspension from promotion, shall be credited with such length of service for promotion as the Secretary of War shall determine to be appropriate to his relative position on the promotion list.

SEC. 5. That all prior statutory provisions governing the termination of active service of officers shall, except as otherwise specifically prescribed in this act, continue in full force and effect and be administered as now provided by law: Provided, That, excepting section 190, Revised Statutes of the United States, all laws or parts of laws restricting the freedom of persons on the retired lists of the Regular Army, who are otherwise eligible to accept any civil office or employment, or affecting their retired status or retired pay on account of holding any civil office or employment and receiving the compensation thereof, are hereby repealed in so far as they apply to said persons; and any such person who may be employed in any civil office or position under authority of the United States shall be entitled to receive the full compensation allotted to such office or position without regard to such person's retired pay: Provided further, That when any officer of the Regular Army or Philippine Scouts shall have served thirty-five years or more, including all service counted toward eligibility for voluntary retirement under existing laws, including this act, he shall, if he makes application therefor to the President, be retired from active service and placed upon the unlimited retired list: Provided further, That when any officer of the Regular Ariny or Philippine Scouts shall have served forty years as a commissioned officer in active service in the Army of the United States, or is sixty years old, he may, without action of a retiring board, be retired from active service at the discretion of the President, and placed upon the unlimited retired list: Provided further, That in computing eligibility for voluntary retirement of officers of the Army each officer shall, in addition to all service now credited under existing laws, be credited with additional constructive credit equal to one-half the time, if any, that he shall have been actually detailed to duty involving flying, except in time of war: Provided further, That flying officers of the Air Corps who become physically disqualified for all flying duty shall be eligible for retirement for physical di ability.

SEC. 6. That during each fiscal year promotion-list officers who were originally appointed in the Regular Army or Philippine Scouts prior to July 1, 1920, or as of that date, may file applications to be transferred from the active list in the manner hereinafter provided and the President is hereby authorized, on or before June 30 of each fiscal year to designate for transfer from the active list from among such applicants who shall have been recommended for such transfer by a board of general officers such number as shall not exceed 1 per centum of the maximum authorized number of promotion-list officers of all grades.

Officers designated for transfer from the active list under provisions of this section shall be ordered to their homes as soon as practicable after such designation and, upon expiration of such leave of absence with full pay as may be granted under existing law, shall be transferred to the unlimited retired list with retired pay at the rate of 22 per centum of active pay, multiplied by the number of

complete years of service, but not exceeding thirty years, with which credited for pay purposes, excepting non-Federal service: Provided, That each computation of service and pay of an officer designated for transfer from the active list under this section shall be as of the date of such designation: Provided further, That any officer originally appointed in the Regular Army as of July 1, 1920, at an age greater than forty-five years, may if he so elects, in lieu of retired pay at the rate hereinbefore provided, receive retired pay at the rate of 4 per centum of active pay for each complete year of commissioned service in the United States Army, not exceeding 75 per centum of active pay.

Officers designated in any fiscal year for transfer from the active list shall, for purposes of computations under provisions of this act, be deemed to have been transferred from the active list during the fiscal year in which designated, notwithstanding the deferment of separation as herein authorized.

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 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. 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.

SEC. 8. That the President of the United States be, and he is hereby, authorized to nominate and, by and with the advice and consent of the Senate, to appoint any commissioned officer of the Army who served in the Army of the United States during the World War, whose services during that war was creditable, and who has been or hereafter may be retired according to law, to a rank on the retired list at the highest rank held by him during the World War, but, except as otherwise specified in section 7 of this act, not above the rank of major general: Provided, That no increase of retired pay and allowances shall result from the provisions of this section.

SEC. 9. That except as specifically provided in this act, nothing therein shall be held or construed to discharge any officer from the Regular Army or to deprive him of the commission which he holds therein, or to reduce the rank or pay, active or retired, of any officer therein. All laws and parts of laws, in so far as the same are inconsistent herewith or are in conflict with any of the provisions hereof, are hereby repealed.

Amend the title so as to read:

"An act to regulate promotion in the Army, and for other purposes."