User:MrDolomite

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United States General family of articles

GotAs vs GotAsUA

  • See [7] for an excellent read of history of laws, titles and dates relating the whole "General of the Armies" vs "General of the Armies of the United States" debacle

<DOC id=0210_67.04.031716> <FIELD id=100>

A-5105, SEPTEMBER 20, 1924, 4 COMP. GEN. 317 <FIELD id=120>

ARMY PAY - RETIRED GENERAL

AN OFFICER APPOINTED GENERAL OF THE ARMIES, PURSUANT TO THE ACT OF SEPTEMBER 3, 1919, 41 STAT. 283, UPON HIS RETIREMENT IS ENTITLED, UNDER THE PROVISIONS OF THE ACT OF JUNE 30, 1882, 22 STAT. 118, TO THE PAY AND ALLOWANCES HE WAS RECEIVING AS AN OFFICER ON THE ACTIVE LIST AT THE TIME OF HIS RETIREMENT. <FIELD id=130>

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, SEPTEMBER 20, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 8, 1924, PRESENTING FOR DECISION THE FOLLOWING QUESTION:

WILL GENERAL JOHN J. PERSHING, WHO WAS APPOINTED PURSUANT TO THE ACT OF SEPTEMBER 3, 1919 (41 STAT. 283), BE ENTITLED, IN HIS RETIREMENT, TO THE PAY AND ALLOWANCES THAT HE IS RECEIVING AS AN OFFICER ON THE ACTIVE LIST AT THE TIME OF RETIREMENT?

IT IS UNDERSTOOD THAT GENERAL PERSHING WAS PLACED ON THE RETIRED LIST SEPTEMBER 12, 1924. THE ACT OF SEPTEMBER 3, 1919, 41 STAT. 283, PROVIDES IN PART:

THAT THE OFFICE OF GENERAL OF THE ARMIES OF THE UNITED STATES IS HEREBY REVIVED, AND THE PRESIDENT IS HEREBY AUTHORIZED, IN HIS DISCRETION AND BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TO APPOINT TO SAID OFFICE A GENERAL OFFICER OF THE ARMY WHO, ON FOREIGN SOIL AND DURING THE RECENT WAR, HAS BEEN ESPECIALLY DISTINGUISHED IN THE HIGHER COMMAND OF MILITARY FORCES OF THE UNITED STATES; AND THE OFFICER APPOINTED UNDER THE FOREGOING AUTHORIZATION SHALL HAVE THE PAY PRESCRIBED BY SECTION 24 OF THE ACT OF CONGRESS APPROVED JULY 15, 1870, AND SUCH ALLOWANCES AS THE PRESIDENT SHALL DEEM APPROPRIATE; * * * PROVIDED, THAT NO MORE THAN ONE APPOINTMENT TO OFFICE SHALL BE MADE UNDER THE TERMS OF THIS ACT.

SECTION 4 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 760, PROVIDES:

THERE SHALL BE ONE GENERAL, AS NOW AUTHORIZED BY LAW, UNTIL A VACANCY OCCURS IN THAT OFFICE, AFTER WHICH IT SHALL CEASE TO EXIST.

SUCH DIFFICULTY AS EXISTS RESULTS FROM THE FACT THAT THE ACT OF 1919 REVIVED THE OFFICE OF ,GENERAL OF THE ARMIES OF THE UNITED STATES," WHILE THE OFFICE IN EXISTENCE WHEN THE ACT OF 1882, HEREAFTER REFERRED TO, WAS PASSED WAS THAT OF "GENERAL OF THE ARMY OF THE UNITED STATES" (SEC. 1095, REVISED STATUTES, AND ACT OF JULY 25, 1866, 14 STAT. 223); AND THE FACT THAT SECTION 1274, REVISED STATUTES, LIMITS THE PAY OF OFFICERS RETIRED FROM ACTIVE SERVICE TO 75 PERCENT OF THE PAY OF THE RANK UPON WHICH THEY ARE RETIRED, WHILE THE ACT OF JUNE 30, 1882, 22 STAT. 118, CONTAINS A PROVISO:

THAT THE GENERAL OF THE ARMY, WHEN RETIRED, SHALL BE RETIRED WITHOUT REDUCTION IN HIS CURRENT PAY AND ALLOWANCES; * * *.

THE ACT OF 1919 REVIVED AN OFFICE WHICH HAD EXISTED AT SOME TIME IN THE PAST AND WHICH HAD LAPSED EITHER BY REPEAL OF THE LAW CREATING IT OR BY PROHIBITION AGAINST FILLING IT. SECTION 1094 OF THE REVISED STATUTES PROVIDES THAT THE ARMY OF THE UNITED STATES SHALL INCLUDE "ONE GENERAL," WITH A PROVISO, EVIDENTLY BASED ON THE PROVISION CONTAINED IN THE ACT OF JULY 15, 1870, 16 STAT. 318:

THAT WHEN A VACANCY OCCURS IN THE OFFICE OF GENERAL OR LIEUTENANT-GENERAL SUCH OFFICE SHALL CEASE, AND ALL ENACTMENTS CREATING OR REGULATING SUCH OFFICES SHALL, RESPECTIVELY, BE HELD TO BE REPEALED.

THE OFFICE WAS, HOWEVER, CONTINUED IN EXISTENCE, OR IN EFFECT REVIVED, FOR GEN. P. H. SHERIDAN BY THE ACT OF JUNE 1, 1888, 25 STAT. 165, AND LAPSED WITH HIS DEATH AUGUST 5, 1888. AFTER THE OFFICE WAS REVIVED IN 1866 AND BEFORE THE LIMITATION UPON FILLING A VACANCY WAS ENACTED IN 1870, GEN. WILLIAM T. SHERMAN HAD SUCCEEDED TO THE OFFICE VACATED BY GENERAL GRANT ON HIS ELEVATION TO THE PRESIDENCY.

THE ACT OF JULY 25, 1866, 14 STAT. 223, PROVIDED:

THAT THE GRADE OF "GENERAL OF THE ARMY OF THE UNITED STATES" BE, AND THE SAME IS HEREBY, REVIVED; * * *.

SECTION 9 OF THE ACT OF MARCH 3, 1799, 1 STAT. 752, PROVIDED:

THAT A COMMANDER OF THE ARMY OF THE UNITED STATES SHALL BE APPOINTED AND COMMISSIONED BY THE STYLE OF "GENERAL OF THE ARMIES OF THE UNITED STATES," AND THE PRESENT OFFICE AND TITLE OF LIEUTENANT-GENERAL SHALL THEREAFTER BE ABOLISHED.

IT THUS APPEARS THAT THE OFFICE OF GENERAL WAS FIRST CREATED IN 1799 BY THE TITLE OF "GENERAL OF THE ARMIES OF THE UNITED STATES; " THAT IT WAS REVIVED IN 1866 AS "GENERAL OF THE ARMY OF THE UNITED STATES; " AND THAT IT WAS AGAIN REVIVED IN 1919 BY THE TITLE OF "GENERAL OF THE ARMIES OF THE UNITED STATES.' THAT IT IS ONE AND THE SAME OFFICE, THAT OF GENERAL, IS UNQUESTIONED. WHETHER THE PLURAL WAS USED IN 1799 BECAUSE OF THE PROSPECTS OF WAR WITH ARMIES OPERATING IN SEVERAL THEATERS, THE SINGULAR IN 1866 AFTER THE CLOSE OF THE CIVIL WAR AND WITH A VIEW TO A SMALL REGULAR ARMY OPERATING IN TIME OF PEACE IN THE CONTINENTAL LIMITS OF THE UNITED STATES, AND THE PLURAL IN 1919 BECAUSE OF THE TECHNICAL STATE OF WAR, THE EXPENSION OF THE REGULAR ARMY, AND THE EXISTENCE OF UNITS THEREOF AT FAR DISTANT STATIONS BEYOND THE LIMITS OF THE UNITED STATES, IT WOULD BE FRUITLESS TO INQUIRE. THE OFFICE OF GENERAL WAS REVIVED, SPECIFICALLY THE PAY THERETOFORE AUTHORIZED FOR THE GENERAL OF THE ARMY BY THE ACT OF 1870 WAS FIXED AS THE PAY OF THE REVIVED OFFICE, AND, EXCEPT AS SPECIFICALLY OTHERWISE PROVIDED, ALL OTHER ATTRIBUTES OF THE OFFICE

OF GENERAL ATTACH TO THE REVIVED OFFICE. THE PROVISION FOR ALLOWANCES WAS A MODIFICATION OF THE PRIOR LAWS APPLICABLE TO THE OFFICE OF GENERAL, AND THE REFERENCE TO THE PAY FIXED BY THE ACT OF 1870 WAS PROBABLY THOUGHT NECESSARY TO COMPLETELY FIX THE EMOLUMENTS OF THE REVIVED OFFICE AND WAS NOT A FIXING OF THE PAY PROPER OF A NEW AND DIFFERENT OFFICE. IT SHOULD BE OBSERVED THAT CONGRESS WAS PROVIDING A REWARD FOR EXCEPTIONALLY MERITORIOUS SERVICE, AND THE DESIGN WAS TO SO SPECIFICALLY FIX THE EMOLUMENTS THAT THE MATTER COULD NOT BECOME ONE OF EMBARRASSMENT TO THE RECIPIENT BECAUSE OF DOUBT AS TO WHAT WAS INTENDED TO BE PROVIDED.

IN THE MATTER OF AIDS TO THE GENERAL, IT HAS BEEN HELD HE WAS ENTITLED TO THE NUMBER PRESCRIBED FOR THE GENERAL OF THE ARMY, 27 COMP. DEC. 275 AND 280. ANY OTHER ATTRIBUTE, RIGHT, PRIVILEGE, ETC., OF THE OFFICE NOT SPECIFICALLY MODIFIED WOULD NECESSARILY ALSO APPLY TO THE OFFICE, INCLUDING THE ACT OF 1882. THE ACT OF 1882 FIRST ESTABLISHED THE COMPULSORY RETIREMENT OF OFFICERS AT THE AGE OF 64, AND THE PROVISO HERE CONSIDERED WAS A PART OF THAT PROVISION, EVIDENCING A PURPOSE TO PROVIDE FOR THE OFFICE HOLDING THE TITLE OF GENERAL OTHERWISE THAN UNDER SECTION 1274, REVISED STATUTES. THE ACT OF 1882 WAS APPLICABLE TO GENERAL SHERMAN UPON HIS RETIREMENT IN 1884. GENERAL SHERIDAN DIED BEFORE REACHING THE AGE FOR RETIREMENT, AND GENERAL GRANT AFTER THE EXPIRATION OF HIS TERMS AS PRESIDENT WAS REAPPOINTED TO THE RETIRED LIST UNDER THE ACT OF MARCH 3, 1885, 23 STAT. 434, AUTHORIZING THE APPOINTMENT ON THE RETIRED LIST OF THE ARMY OF ONE PERSON HAVING THE QUALIFICATIONS INDICATED "WITH THE RANK AND FULL PAY OF SUCH GENERAL, OR GENERAL-IN-CHIEF.' OF THE THREE OFFICERS WHO, PRIOR TO 1919, HELD THE PERMANENT TITLE OF GENERAL, BUT ONE REACHED THE RETIRED LIST UPON RETIREMENT FOR AGE, AND HE RECEIVED THE BENEFITS OF THE 1882 ACT. ANOTHER WAS PLACED UPON THE RETIRED LIST BY A SPECIAL ACT AND WITH A SPECIAL PAY, TO WIT, FULL PAY OF GENERAL. SO FAR AS A POLICY OF CONGRESS CAN BE GLEANED FROM THE LIMITED OCCASIONS ARISING, THAT POLICY WOULD SEEM TO BE THAT THE GENERAL WHEN RETIRED SHALL SUFFER NO REDUCTION OF EMOLUMENTS.

ANSWERING YOUR QUESTION SPECIFICALLY, I AM OF OPINION THAT UNDER THE ACT OF 1882 GEN. JOHN J. PERSHING WILL BE ENTITLED IN HIS RETIREMENT TO THE PAY AND ALLOWANCES HE WAS RECEIVING AS AN OFFICER ON THE ACTIVE LIST AT THE TIME OF RETIREMENT. </DOC>

Stanley Cup Trustees

Colors for DoD medals & items

Current stuff on my radar

Stuff on the radar but fading

Things I Can't Seem To Remember

|title = Awards for XXX
|list =

Things I put here to work on later

Stuff on the top of the pile

{{cite book 
|title=Chiefs of the Army Reserve: Biographical Sketches of the United States Army Reserve’s Senior Officers  
|last=Hilkert 
|first=David E.
|year=2004 
|publisher=Office of Army Reserve History, U.S. Army Reserve Command
|location=[[Fort McPherson, GA]] 
|accessdate=2009-12-11 }} {{PDFlink|[http://www.usar.army.mil/arweb/History/Documents/Chiefs%20of%20the%20Army%20Reserve.pdf Link]|23 MB}}

WP:MILHIST

WP:HOCKEY

Old stuff

Really Old stuff

Improve my user page

Things I Have Learned About

Things I found on wikipedia that I didn't know had articles

Things which have articles on wikipedia that probably shouldn't

Not intended to be an exhaustive list, just random ones I have stumbled across

Things that rock for a thousand, Alex

Things to send in the gnomes

Stuff the gnomes have finished

Photo gnomes gneeded

Stuff I Need to Learn More About

Running your own wiki

Things I Admire about fellow Wikipedians

Quotes

Wikirelated

  • We are a massively powerful text generation engine. People have to drop the idea that every little tidbit is precious. Crap is crap. Yank it.
~ Jimbo Wales on the wikien-l mailing list on May 19, 2006
  • At some point it becomes foolish for the WP community to continue assuming good faith...
~ Doc Tropics during an RfC on July 22, 2006

Classic

~ General of the Army Douglas MacArthur in his farewell address to a Joint Session of Congress on April 19, 1951

Fictional

~ George Peppard as Col. John "Hannibal" Smith of The A Team
~ Peter Weller as Buckaroo Banzai of The Adventures of Buckaroo Banzai Across the 8th Dimension
~ Dedication plaques of USS Excelsior, USS Hathaway and USS Phoenix of Star Trek
~ Lesley Ann Warren as Miss Scarlet in Clue
~ Yoda on himself from Unquotable

Wisdom from

  • As long as you learn something every day, you can go home...
The trick is to learn something early.
~ MrDolomite, c. 1994
  • Great minds think alike...
And fools seldom differ
~ ACO Pat, c. 1993
...Yes, Green, John F. Kennedy or Chicago
~ Mr. Dolomite, c. 1980s

Fictional places I'd like to visit

Other stuff

  • Hmm, would sure be nice if I could get this to fit in my userboxlist.

What American accent do you have?

Your Result: The Inland North

 

You may think you speak "Standard English straight out of the dictionary" but when you step away from the Great Lakes you get asked annoying questions like "Are you from Wisconsin?" or "Are you from Chicago?" Chances are you call carbonated drinks "pop."

The Midland

 

The Northeast

 

Philadelphia

 

The South

 

The West

 

Boston

 

North Central

 

What American accent do you have?
Quiz Created on GoToQuiz

See also

See Wikipedia:WikiProject_User_scripts/Requests#"Securepedia" and http://userscripts.org/scripts/review/26924

Categories

Barnstar

Thanks! Its good to know someone's actually looking at what we do! SGT141 (talk) 22:35, 23 March 2009 (UTC)

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