determining an officer's fitness for promotion the examination herein authorized shall be given equal weight with his efficiency ratings as determined by his efficiency reports for the ten years next preceding his examination date: And provided further, That the physical examination for promotion of all officers and the professional examination for promotion of officers of the Medical Department shall be as now prescribed by law. Examinations for promotion shall take place at such times anterior to the accruing of the right to promotion as may be best for the interests of the service. Any officer found not qualified for promotion by reason of physical disability shall be transferred from the active list in the manner prescribed by law. Any officer found not qualified for promotion for reasons other than physical disability shall not be promoted, but shall be held in his grade without delaying the promotion of officers below him on the promotion list until such time as he may qualify for promotion: Provided, That a board of five general officers not below the grade of major general, not more than three of whom shall be relieved during any calendar year, shall review the examinations of officers who fail other than physically upon examination for promotion, and shall make recommendations to the Secretary of War regarding the action to be taken: Provided further, That nothing herein shall be construed to amend or modify the provisions of existing law relative to transfer from the active list of officers of the Medical Department found disqualified upon professional examination or reexamination for promotion. [SEC. 4. That any officer who served during the World War and who has been retired for physical disability incurred in line of duty which was the result of the effects of his war service shall be advanced on the retired list without increasing his retired pay, to the grade which he would have attained under the operation of this act had he remained on the active list until July 1, 1928. [SEC. 5. That chiefs and assistant chiefs of branches of the Army and officers who have served as such shall be equally eligible under the law for appointment as brigadier generals of the line with colonels of the line of the Army. [The President is hereby authorized to place on the retired list of the Army as a major general, with the retired pay of that grade, the officer who was the first Chief of Finance of the Army, and who was placed on the retired list as a brigadier general while holding that office. [SEC. 6. That except as specifically provided in this act, nothing herein 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 or to change his position on the promotion list. The provisions of this act shall be effective, beginning July 1, 1928, and all laws and parts of laws which are inconsistent herewith or are in conflict with any of the provisions hereof are hereby repealed as of that date.] SEC. 4. That the Secretary of War be, and he is hereby, directed to cause the "promotion list," created pursuant to the provisions of section 24a of the Army reorganization act of June 4, 1920, to be revised and rearranged in the following respects and particulars: That upon the passage of this act the names of all captains and lieutenants on the present promotion list, who were first commissioned in the Regular Army or Philippine Scouts to date after April 5, 1917, and before July 2, 1920, shall be rearranged on said promotion list in three groups in the order next below mentioned, the first group comprising the names of all such officers who held the permanent grade of captain in the Regular Army or Philippine Scouts on June 30, 1920, and those appointed in that grade in the Regular Army to date from July 1, 1920, otherwise than by promotion, who were not officers of the Regular Army on June 30, 1920; the second group comprising the names of all such officers who held the permanent grade of first lieutenant in the Regular Army or Philippine Scouts on June 30, 1920, and those appointed in that grade in the Regular Army to date from July 1, 1920, otherwise than by promotion, who were not officers of the Regular Army on June 30, 1920; and the third group comprising all other names to be rearranged hereunder; and within each group the names shall be arranged in the order of active Federal commissioned service rendered between April 6, 1917, and November 11, 1918, both dates inclusive, the name of the officer or officers having the greatest length of such service appearing first: Provided, That any captain or first lieutenant of the Regular Army as of June 30, 1920, who on July 2, 1924, was in a permanent grade lower than held on June 30, 1920, shall in such rearrangement be considered to be in such lower grade: Provided further, That among officers of the same group whose length of service are equal, arrangement shall be in the order of ages, the oldest first; and, if it shall all occur in any group that two or more officers have the same length of such service and the same age, their names shall appear with relation to each other in the same order as upon the present promotion list: Provided further, That each class of the United States Military Academy within the rearrangement hereby required which was graduated during the calendar year 1917 shall be treated as a unit, without change of relative order or contiguity of names within the class, and shall be placed in said rearrangement as a unit in the first group, and within said group according to the rules above prescribed, the age factor to be determined by the age of the oldest member of the class, and each class of the United States Military Academy within the rearrangement hereby required, which was graduated during the calendar year 1918, shall be similarly treated, and shall be placed in the second group: And provided further, That the names of the individual officers within the required rearrangement, whose original places on the promotion list shall have been changed in conformity with any special enactment of Congress, or pursuant to sentence of court-martial, shall be raised above or lowered below the place fixed by the foregoing rule, by the same number of files, respectively, that are, immediately prior to such rearrangement, above or below the place on the promotion list they would have occupied without such enactment or sentence. SEC. 5. That any officer who served during the World War and who has been retired for physical disability incurred in line of duty which was the result of the effects of his war service shall be advanced on the retired list without increasing his retired pay, to the grade which he would have attained under the operation of this act had he remained on the active list until July 1, 1928. SEC. 6. That chiefs and assistant chiefs of branches of the Army and officers who have served as such shall be equally eligible under the law for appointment as brigadier generals of the line with colonels of the line of the Army. The President is hereby authorized to place on the retired list of the Army as a major general, with the retired pay of that grade the officer who was the first Chief of Finance of the Army, and who was placed on the retired list as a brigadier general while holding that office. SEC. 7. That except as specifically provided in this act, nothing herein 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 or to change his position on the promotion list as revised and rearranged under the provisions of this act. The provisions of this act shall be effective beginning July 1, 1928, and all laws and parts of laws which are inconsistent herewith or are in conflict with any of the provisions hereof are hereby repealed as of that date. House Report No. 1574, Seventieth Congress, first session TO DEFINE THE PROMOTION LIST OF THE ARMY MAY 9, 1928.-Ordered to be printed Mr. MORIN, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 13509] The Committee on Military Affairs, to whom was referred the bill (H. R. 13509) to define the promotion-list officers of the Army and to prescribe the method of their promotion, and for other purposes, introduced by Mr. Wainwright, having considered the same, report thereon with the recommendation that it do pass with the following amendments: Page 2, line 12, after the word "list", insert the following: "as revised and rearranged under the provisions of this act". Page 2, line 18, after the word "list", insert the following: "as revised and rearranged under the provisions of this act". Page 5, between lines 12 and 13, insert the following: SEC. 4. That the Secretary of War be and he is hereby directed to cause the "promotion list," created pursuant to the provisions of section 24a of the Army reorganization act of June 4, 1920, to be revised and rearranged in the following respects and particulars: That upon the passage of this act the names of all captains and lieutenants on the present promotion list, who were first commissioned in the Regular Army or Philippine Scouts to date after April 5, 1917, and before July 2, 1920, shall be rearranged on said promotion list in three groups in the order next below mentioned, the first group comprising the names of all such officers who held the permanent grade of captain in the Regular Army or Philippine Scouts on June 30, 1920, and those appointed in that grade in the Regular Army to date from July 1, 1920, otherwise than by promotion, who were not officers of the Regular Army on June 30, 1920; the second group comprising the names of all such officers who held the permanent grade of first lieutenant in the Regular Army or Philippine Scouts on June 30, 1920, and those appointed in that grade in the Regular Army to date from July 1, 1920, otherwise than by promotion, who were not officers of the Regular Army on June 30, 1920; and the third group comprising all other names to be rearranged hereunder; and within each group the names shall be arranged in the order of active Federal commissioned service rendered between April 6, 1917, and November 11, 1918, both dates inclusive, the name of the officer or officers having the greatest length of such service appearing first: Provided, That any captain or first lieutenant of the Regular Army as of June 30, 1920, who on July 2, 1924, was in a permanent grade lower than held on June 30, 1920, shall in such rearrangement be considered to be in such lower grade: Provided further, That among officers of the same group whose lengths of service are equal, arrangement shall be in the order of ages, the oldest first; and, if it shall all occur in any group that two or more officers have the same length of such service and the same age, their names shall appear with relation to each other in the same order as upon the present promotion list: Provided further, That each class of the United States Military Academy within the rearrangement hereby required which was graduated during the calendar year 1917 shall be treated as a unit, without change of relative order or contiguity of names within the class, and shall be placed in said rearrangement as a unit in the first group, and within said group according to the rules above prescribed, the age factor to be determined by the age of the oldest member of the class, and each class of the United States Military Academy within the rearrangement hereby required, which was graduated during the calendar year 1918, shall be similarly treated, and shall be placed in the second group: And provided further, That the names of the individual officers within the required rearrangement, whose original places on the promotion list shall have been changed in conformity with any special enactment of Congress, or pursuant to sentence of court-martial, shall be raised above or lowered below the place fixed by the foregoing rule, by the same number of files, respectively, that are, immediately prior to such rearrangement, above or below the place on the promotion list they would have occupied without such enactment or sentence. Page 5, line 13, change "Sec. 4" to read "Sec. 5" Page 6, line 9, after the word "list", strike out the period and insert the following, "as revised and rearranged under the provisions of this act". The problem of promotion and retirement for officers of the Army is one that has been continuously before the Military Affairs Committee since 1926 and is a subject that has been under consideration by both Congress and the War Department since 1920. During the present session of Congress, a subcommittee of the Military Affairs Committee has devoted a great deal of time and thought to consideration of this problem. Pursuant to an act of Congress approved July 2, 1926, the Secretary of War investigated and studied the alleged injustices which exist in the promotion list of the Army and submitted to Congress in December, 1926, a study which contained his recommendations as to what should be done in order to relieve the situation which these studies showed exist in the Army. In transmitting the study at that time the Secretary of War stated: So vital to the national defense are all matters pertaining to the efficiency of our commissioned personnel that in making this study and investigation all available means have been used. A board consisting of the Assistant Secretaries of War and the Chief of Staff of the Army was convened in September, 1926. This representative and capable board has been of the greatest assistance to me in arriving at all conclusions and recommendations herein presented which are those of the board as well as of myself. The promotion situation in the Army is so critical and menacing as to call for positive measures. Accordingly the entire personnel system of the Army has been studied with a view to determining the cause of this situation and the relief measures necessary. The studies embracing a basic study on the personnel system supported by separate studies on promotion and retirement are submitted herewith. These studies disclose a condition of such moment to the national defense that I am constrained to stress the important features and the necessity for prompt and effective remedial action. The dominant feature of our present personnel is an abnormal group of about 5,800 officers, considerably more than one-half of the present promotion list, who were inducted into the service between November, 1916, and November, 1918, and who therefore vary in length of commissioned service by less than two years. While a few of these officers are quite young and a few are well along in years, the great bulk of them fall within narrow age limits. Under normal conditions the entry into the service, and consequently the difference in length of commissioned service, of this large group of officers would have been spread over a period of about 20 years, and they would be similarly graded by age. Practically all of our difficulties are due to the existence of this "hump" in our personnel and the resultant strain upon the personnel system. I recommend that the Congress give prompt and full consideration to the personnel situation in the Army. I feel certain that full appreciation of the critical and true nature of the situation will cause the necessary legislation for relief to speedily and efficiently develop, thus removing a genuine menace to the national defense. The studies referred to by the Secretary of War in the inclosed letter have been given careful consideration by the Committee on Military Affairs. Upon the convening of the present session of Congress the Secretary of War transmitted to the Military Affairs Committee a study prepared by a General Personnel Board, which consisted of Maj. Gen. Mason M. Patrick, who was then Chief of the Air Corps; Maj. Gen. Hanson E. Ely, who was then commandant of the Army War College; Maj. Gen. Robert H. Allen, Chief of Infantry; Maj. Gen. Preston Brown, commanding the First Corps Area; and Brig. Gen. Ewing E. Booth, who at that time was commandant of the Cavalry School. The following extracts are quoted from the report of this board: There is no doubt that the situation with respect to promotion is not only unsatisfactory and critical but is one which should no longer be permitted to exist. This condition of affairs affects seriously the condition of the Army in time of peace and would have most disastrous effects in time of war. Promotion prospects. At present promotion prospects in the Army are unsatisfactory from all points of view, threatening as they do the morale and efficiency of the professional officer personnel, accompanied by increasing cost of maintenance of that personnel. Promotion from all the grades now takes place as vacancies occur in the next higher grade. In every grade the vacancies occurring annually in the limited number of officers authorized for the grade are totally inadequate to provide a reasonable flow of promotion that will preserve the efficiency of the Army. While this condition is general, it is most pronounced as it affects that part of the promotion list comprising at this time some 5,600 officers inducted into the Army during and immediately following the World War. Practically all the officers in this so-called "hump" were originally commissioned in the regular or temporary forces between November, 1916, and November, 1918. It is, of course, apparent that the difference in their lengths of commissioned service can in no case exceed two years. Within this hump are many groups having exactly the same commissioned service. Approximately 76 per cent of those who constitute this hump vary in age by only about 10 years and approximately 50 per cent vary only by about 5 years. There is, however, but little, if any, relation between the ages of officers and their positions within the hump. Under ordinary conditions the entry of so large a number of officers into the Army would have extended over a period of many years, and their ages and lengths of commissioned service would vary accordingly. The consequences of taking this very large number of officers in the Army within so brief a period are readily understood. Unless some remedial measure is adopted vacancies in the higher grades will continue to occur so slowly as to produce stagnation in the promotion of officers in and below this hump. Officers at the top of the hump are now being promoted into the grade of major, while those at the bottom, with only two years less commissioned service, are still first lieutenants, with a prospect of remaining in this grade for some 10 years longer and of not reaching the grade of major until 23 years after the officers at the top of the hump have reached it. When the seniors of this hump become lieutenant colonels, those at the foot of it may still be captains, with a prospect of continuing as such for about eight years longer. When the officers at the top of the hump become colonels those at the bottom may still be captains. When the grade of colonel is practically filled by officers now in the hump, there may be some officers near the foot of the hump still in the grade of |