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Volume 49 · 1525

Public Law 74–587

To increase the efficiency of the Air Corps.

Approved June 16, 1936

Statutory text

AN ACT

To increase the efficiency of the Air Corps.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the President be, and he is hereby, authorized to call to active duty, with their consent, for periods of not more than five years, such number of Army Air Corps Reserve officers as he may deem necessary, not to exceed one thousand three hundred and fifty.

Sec. 2.

Upon the termination of such a period of active duty of not less than three years in duration, such Air Corps Reserve officers shall be paid a lump sum of $500, which sum shall be addition to any pay and allowances which they may otherwise be entitled to receive.

Sec. 3.

The sixth proviso of section 2, Act of July 2, 1926 (44 Stat. L. 781), is hereby amended by striking out the words “Whenever used in this Act a flying officer in time of peace is defined as one who has received an aeronautical rating as a pilot of service types of aircraft”, and by substituting in lieu thereof the following: “A flying officer in time of peace is defined as one who has received an aeronautical rating as a pilot of service types of aircraft or one whohas received an aeronautical rating as an aircraft observer: Provided,

Provisos.

Aircraft observer; qualification in peace time.

Wartime observer; qualification in peace time.

That in time of peace no one may be rated as an aircraft observer unless he has previously qualified as a pilot: Provided further, That any officer rated as an aircraft observer in time of war must subsequently qualify as a pilot before he can qualify as an observer in time of peace following such war.”

Sec. 4.

The President is authorized to appoint, by and with the

Appointments to temporary rank in I grades of colonel, lieutenant colonel, and major, authorized.

advice and consent of the Senate, to temporary rank in the grades of colonel, lieutenant colonel, and major, without vacating their permanent commissions, such numbers of officers of the Regular Army Air Corps as the Secretary of War, from time to time, may determine as necessary to meet the administrative, tactical, technical, and training needs of the Air Corps; the then resulting numbers in each grade, permanent and temporary, to be further increased by 5 , per centum to meet the additional needs of the War Department for Air Corps officers: Provided, That such temporary appointments

Provisos.

Seniority provision.

shall be made in order of seniority of the appointees in each grade in accordance with their standing on the relative rank list of Air Corps officers in their permanent grade, and such temporary appointments may be vacated at any time upon the recommendation of the Secretary of War: Provided further, That when an officer holding

Temporary status vacated on receiving permanent appointment.

a temporary appointment under’ the provisions of this section becomes entitled to permanent promotion his temporary appointment shall be vacated: Provided further, That all Air Corps officers

Precedence in rank.

temporarily advanced in grade take rank in the grade to which temporarily advanced after officers holding such grade through permanent appointment, and among themselves in the order in which they stand on the relative rank list of Air Corps officers in their permanent grade: Provided further, That Air Corps officers

Pay, flying pay, and allowances.

temporarily appointed under the provisions of this Act shall be entitled to the pay, flying pay, and allowances pertaining to the grade to which temporarily appointed: And provided further, That no officer

Eligibility to command outside own corps.

holding temporary rank under the provisions of this Act shall be eligible to command outside his own corps except by seniority under his permanent commission.

Sec. 5.

The President is hereby authorized, by and with the advice

Commanding general of General Headquarters Air Force.

Appointment, rank.

and consent of the Senate, to appoint to temporary rank from among the permanent colonels and lieutenant colonels of the Air Corps who are “flying officers” as defined herein, or as may hereafter be defined, a commanding general of the General Headquarters Air Force with the rank of major general, and such number of wing commanders

Wing commanders; rank.

with the rank of brigadier general as may be determined by the President. Officers temporarily appointed under the provisions of

Tenure, etc.

this section shall hold such temporary appointments until relieved from such commands by order of the President. Such temporary appointments shall not vacate the permanent commissions of the appointees nor create vacancies in the grades in which they are permanently commissioned: Provided, That the provisions of this

Proviso.

Assignment of qualified permanent general officers.

section shall not be construed to exclude the assignment to Air Corps tactical or other appropriate commands of qualified permanent general officers of the line who are “flying officers” as defined herein, or as may hereafter be defined.

Sec. 6.

Such laws and parts of laws as may be inconsistent with

Inconsistent laws, etc., repealed.

the foregoing are hereby repealed.

Approved, June 16, 1936.

Parsed from the official Statutes at Large USLM XML in 49.xml