order, are upon equal footing with officers of the Regular Army and take precedence in each grade by date of commission.

11. Between officers of the same grade and date of appointment or commission, other than through promotion by seniority or appointment of enlisted men to the grade of second lieutenant under the act of July 30, 1892, relative rank is determined by length of service, continuous or otherwise, as a commissioned officer of the United States, either in the Regular Army or, since April 19, 1861, in the volunteer forces. When periods of service are equal, precedence will, except when fixed by order of merit on examination, be determined, first, by rank in service when appointed; second, by former rank in the Army or Marine Corps; third, by lot.

12. The relative rank between officers of the Army and Navy is as follows, lineal rank only being considered : General with admiral.

Lieutenant general with vice admiral.
Major general with rear admiral.
Brigadier general with commodore.1
Colonel with captain.

Major with lieutenant commander.
Captain with lieutenant.

Department, Quartermaster, or Signal Corps, or of the line, detailed to fill a vacancy in these staff departments or corps, though eligible to command, according to his rank, shall not assume command of troops unless put on duty under orders which specially so direct, by authority of the President.

19. An officer of the Medical Department can not exercise command, except in his own department; but any staff officer, by virtue of his commission, may command all enlisted men like other commissioned officers.

20. When an officer is charged with directing an expedition or making a reconnaissance, without having command of the escort, the commander of the escort will consult him touching all arrangements necessary to secure the success of the operation.

ARTICLE V.

APPOINTMENT AND PROMOTION OF COMMISSIONED OFFICERS.

21. Notices of appointments and promotions are issued by the War Department through The Adjutant General of the Army.

22. Appointment to the grade of general officer is made by selection from the Army.

23. Oaths of office of officers of the Army will be taken before some officer who is authorized by the law of the United States or by the local municipal law to administer oaths, before a department judge advocate, or the judge advocate of a court-martial, or before the trial officer of a summary court. Officers of the Army, other than those above specified, are not authorized by law to administer such oaths.

24. Promotions in established staff corps and departments are limited to officers holding permanent appointments therein and to include the grade of colonel will be made by seniority, subject to the examinations required by law. 25. Promotions in the line of the Army to include the grade of colonel, in each arm of the service, will be made by seniority, subject to the examinations required by law.

26. Whenever any officer is ordered before an examining or retiring board the originals or copies of all official records affecting his character or efficiency, on file in any bureau of the War Department, will be furnished to The Adjutant General of the Army and by him forwarded for the consideration of the board.

27. Vacancies in the grade of second lieutenant in the cavalry, artillery, and infantry remaining on the 1st of July, each year, that are not needed for the graduates of that year of the United States Military Academy, may be filled by appointment in the following order:

1. Of enlisted men of the Army, whose fitness for advancement shall have been determined by a competitive examination.

2. From civil life.

All vacancies occurring after July 1, and not needed for the graduates of that year of the Military Academy, will be held for the next graduating class of the Academy.

28. A soldier to be eligible to compete for appointment to the grade of second lieutenant must be a citizen of the United States, unmarried, and under 30 years of age on the 1st day of July of the year in which he is to enter the competition, and must have served honorably not less than two years in the Army as an enlisted man on or before that date; he must also be physically sound, of good moral character before and after enlistment, and must be an enlisted man of the Army at the date of his application and of his examination, and, if appointed a second lieutenant, must be an enlisted man at the date of his appointment.

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29. An enlisted man who desires to appear for examination will submit through military channels an application so that it will reach the department commander on or before January 1 of the year in which he desires to take the examination. An application received after that date will not be considered unless it be shown that the delay was through no fault of the applicant.

Company commanders in forwarding such applications will verify the statements of service as given, and will state specifically whether, in their opinion, the soldier fulfills each of the conditions required by paragraph 28, and will add their remarks as to the aptitude of the applicant for the position sought.

Post commanders will, upon the receipt of such applications, cause the applicants to be examined by a medical officer as to their physical qualifications, and will forward the report of such examination with the applications, adding their remarks as to the aptitude of the applicants for the position sought.

30. With a view to the selection of proper enlisted men for advancement to the grade of second lieutenant each department commander, as soon as practicable after January 15 of each year, will convene a board of five officers, two of whom shall be medical officers, for the preliminary examination of the soldiers of his command who are legally qualified therefor, with a view to determining their eligibility for the final examination. This board will institute a rigid inquiry into the character, capacity, record, and qualifications of the several candidates, and will recommend no one for the final examination who is not able to establish his fitness for promotion to the entire satisfaction of the board. Each year in which there remain vacancies in the grade of second lieutenant for appointment to which enlisted men are eligible, the War Department, on July 1 or subsequently thereto, will convene a board of five officers before which those who have successfully passed the departmental boards will appear to compete in the final examination for appointment to such vacancies.

31. The final examination is competitive and for a specified number of vacancies. The board which conducts the final examination will recommend for appointment only such number, in the order of merit established by the final examination, as will equal the number of vacancies apportioned to enlisted competitors by the Secretary of War, and no greater number will be reported as having passed. No competitor will be recommended by the board who is not physically, morally, and mentally qualified for the position of second lieutenant in the Army. Upon the approval by the War Department of the report of the board each competitor recommended in accordance with this paragraph will receive from The Adjutant General of the Army a certificate of eligibility for promotion to the grade of second lieutenant. No applicant will be ordered before the final board who has not successfully passed the departmental board for that year. If in any year no final examination be held, the preliminary examination for that year will be void. An applicant who twice fails to pass the preliminary examination in years in which final examinations are held or who twice fails in his final examination to obtain a certificate of eligibility can not again compete for appointment to the grade of second lieutenant in the Army.

32. All rights and privileges arising from a certificate of eligibility may be vacated by sentence of a court-martial, but no soldier while holding the privileges of a certificate of eligibility shall be brought before a special or summary court-martial.

33. Enlisted men holding certificates of eligibility who may be guilty of misconduct will be promptly reported to the War Department, through regimental and department headquarters, the report to contain a full statement of the misconduct. with names of witnesses. The department commander will see that the candidate has a fair and impartial hearing, and will forward the report for the decision of the War Department.

34. A civilian to be eligible for appointment must be a citizen of the United States, unmarried, between 21 and 27 years of age, must be examined and approved as to habits, moral character, mental and physical ability, education, and general fitness for the service. The educational qualifications required for appointment will be announced in orders from time to time by the War Department.

35. No person shall be examined unless he has a letter from the War Department authorizing his examination.

If the candidate has been graduated at an institution where he received mili-tary instruction, he must present a diploma or a recommendation from the faculty of the institution.

If a member of the Organized Militia, he must present recommendations from the proper authorities thereof.

36. Every candidate will be subjected to a rigid physical examination, and if there be found to exist any cause of disqualification which might in the future impair his efficiency as an officer of the Army he will be rejected. The board will inquire and report concerning each applicant whether he is of good moral character or addicted to the use of intoxicating liquors. Examination as to physical qualifications will conform to the standard required of recruits. A certificate of physical examination by at least two medical officers will accompany the proceedings of the board.

37. No person who has been a cadet at the United States Military Academy is to be deemed under any circumstances entitled to receive a commission in advance of the graduation of his class. Under the act of Congress approved March 2, 1901, no cadet who has been expelled from the Military Academy for hazing will be commissioned until two years after the graduation of the class of which he was a member.

ARTICLE VI.

DETAILS.

38. Regulations respecting details of line officers to the staff, together with such rules as may be prescribed by the President in regard to examinations therefor, will be announced in orders from time to time by the War Department.

39. In making details for detached service and for duty in the several staff corps and departments in which vacancies are filled by details from the line, consideration will be given to long service with troops and to the efficiency and peculiar fitness of an officer as evidenced by the record of his service.

In order that suitable data may be available, particular care will be taken in preparing efficiency reports to enter thereon a statement as to the peculiar fitness of the officer reported upon for detail in any of the staff corps or departments, notation being made of the corps or department in the order of apparent fitness. Intermediate commanders through whom these reports are forwarded will indorse thereon their opinions as to the qualifications of the officer reported upon.

40. In time of peace no officer below the grade of lieutenant colonel shall be detached nor permitted to remain detached from that branch of the Army in which he holds a commission, or from the organization, if any, to which he shall have been assigned in said branch by competent authority, for more than four years in any period of six years. Temporary duty in connection with rifle or pistol competitions, with courts-martial or military boards, or as umpire at maneuvers, not aggregating more than two months in any one year, performed while not regularly on detached service, leaves of absence on full pay taken while not regularly on detached service, and duty as a student officer at a service school, shall not be deemed detached service within the meaning of this paragraph, but upon completion of a tour of duty as student at a service school officers will be returned to their respective regiments, organizations, corps, or departments, and will not be detached therefrom for two years thereafter unless such detachment be authorized or directed by the Secretary of War. This paragraph shall not be construed so as to impose restrictions beyond those imposed by statute upon the detail or redetail of officers to the staff corps or departments or the General Staff Corps.

41. Except when detailed in the General Staff Corps, general officers are authorized to have aids as follows:

The Lieutenant General, two aids and a military secretary who have the rank of lieutenant colonel while so serving; a major general, three aids to be taken from the captains or lieutenants of the Army; a brigadier general, two aids to be taken from the lieutenants of the Army. An officer assigned to duty in accordance with his brevet rank as major general or brigadier general may, with the special sanction of the War Department, be allowed the aids of the grade. General officers may select their aids from officers serving in their command subject to the restrictions prescribed in paragaph 40, but appointments as aids of officers serving without such limits must receive the approval of the War Department.

42. The laws, regulations, and instructions governing the details of officers of the Army, active and retired, at educational institutions will be published from time to time by the War Department.

ARTICLE VII.

CHAPLAINS.

43. Regimental chaplains and chaplains of the Coast Artillery Corps will be assigned and transferred by the Secretary of War.

44. It will be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the same for duty, such facilities as may aid them in the performance of their duties. One enlisted man will be detailed on special duty by the commanding officer of any organization to which a chaplain is assigned for duty, for the purpose of assisting the chaplain in the performance of his official duties.

The instruction of the enlisted men in the common English branches of education is made by law one of the duties of chaplains. They will not be employed on duties other than those required of them by law or pertaining to their profession, except when the exigencies of the service, a result of deficiency in number of officers present, require it.

45. Chaplains will render monthly reports of the duties performed by them, and of all births, baptisms, marriages, and deaths occurring at their stations. The reports will be made on the prescribed form and will be forwarded by the post commander directly to The Adjutant General of the Army.

46. Chaplains will not be required to turn out with troops on occasions of ceremony, but will be inspected at chapels, schoolrooms, libraries, or such places as may be designated by commanding officers.

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