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The act of July 18, 1914 (38 Stat. 514), entitled, "An Act to increase the efficiency of the Aviation Service of the Army, and for other purposes," created an Aviation Section in the Signal Corps and provided that in addition to the officers and enlisted men assigned from the Signal Corps at large to executive, administrative, scientific, or other duty in said section, there should be not to exceed 60 Aviation officers and 260 Aviation enlisted men, the Aviation officers chiefly to be selected from line officers below the rank of captain and detailed to serve for periods of four years, unless sooner relieved. A provision against the selection of married officers was abrogated by sec. 13 of the national defense act of June 3, 1916 (39 Stat. 175). The officers so selected were to be graded as Aviation students, junior military aviators, and military aviators, and were to receive additional pay. Enlisted men were to be trained as Aviation mechanics and

pilots. In case of death, compensation was to be paid to dependents.

The limitation of the time of detached duty of officers of the line fixed by sec. 1, act of Aug. 24, 1912, as amended by resolution of Aug. 24, 1912, No. 53, post 2349, was not to apply to officers detailed for Aviation duty, by a proviso therein.

Provisions for detail to Aviation duty are also found in the acts of Mar. 2, 1913 (37 Stat. 705) and June 3, 1916, sec. 13 (39 Stat. 175).

The strength of the Aviation Section of the Signal Corps was fixed by sec. 13 of the national defense act of June 3, 1916 (39 Stat. 174), at 1 colonel, 1 lieutenant colonel, 8 majors, 24 captains, and 114 first lieutenants. This section was superseded by 646, ante. The Air Service was established by the following indorsement:

"1st Ind.

"War Department, A. G. O., May 29, 1918. To the Chief, Division of Military Aeronautics.

"The following is furnished for your information:

"a. Under authority conferred by secs. 1, 2, 8 and 9 of the act of Congress 'Authorizing the President to increase temporarily the Military Establishment of the

United States,' approved May 18, 1917, secs. 1 to 5 of the act To authorize the President to increase temporarily the Signal Corps of the Army, etc.,' approved July 24, 1917, and the act Authorizing the President to coordinate or consolidate executive bureaus, agencies, and offices, and for other purposes in the interest of economy and the more efficient concentration of the Government,' approved May 20, 1918, the President directs that, for the period of the existing emergency :

"1. There be organized an Air Service to include the present Aviation Section provided by law for the Signal Corps of the Regular Army (act of June 3, 1916), and such additional personnel as may be authorized in the National Army, the Air Service to consist of a Bureau of Aircraft Production and a Division of Military Aeronautics. "2. The commissioned and enlisted strength of the Division of Military Aeronautics be fixed at:

"c. You will submit a list of the requisite number of officers now on duty with the Aviation Section, who have the necessary rank in the line of the Regular Army, to be detailed in the Air Service under the provisions of sec. 13 of the national defense act approved June 3, 1916.

"By order of the Secretary of War:

"(Sgd)

F. W. LEWIS, "Adjutant General."

By sec. IV, General Order No. 19, W. D., Jan. 29, 1919, the Director of Air Service was directed to carry out the duties of the Chief of the Air Service, as prescribed in Army Regulations, 1913, and by an Executive order, dated Mar. 19, 1919 (republished in General Order No. 52, W. D., Apr. 18, 1919), the Aircraft Board was dissolved and the Director of Air Service given direction of the Bureau of Aircraft Production. The present organization is an Air Service, at the head of which is a director, who, in addition to other duties and functions, has supervision, control, and direction of the Bureau of Aircraft Production and the Division of Military Aeronautics.

For the duties taken over by the Aviation Section, to which the Air Service succeeded, see post, 683.

The Air Service is designated as a combatant arm of the Army, by sec. 2, act of June 4, 1920, post, 2118.

The act of Sept. 17, 1919 (41 Stat. 287), provided for the retention of 1,200 emergency officers assigned to the Air Service, of whom not less than 85 per cent were to be fliers. For general provision for the retention of emergency officers until Dec. 31, 1920, see 2267, post.

664. Composition.-There is hereby created an Air Service. The Air Service shall consist of one Chief of the Air Service with the rank of major general, one assistant with the rank of brigadier general, one thousand five hundred and fourteen officers in grades from colonel to second lieutenant, inclusive, and sixteen thousand enlisted men, including not to exceed two thousand five hundred flying cadets, such part of whom as the President may direct being formed into tactical units, organized as he may prescribe: Sec. 13a, added to

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Provided, That no

the act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768). 665. Detail to aviation duty not compulsory.—* person, except in time of war, shall be assigned or detailed against his will to duty as an aviation student or an aviation officer: 18, 1914 (38 Stat. 515).

But see 2353, post.

*

*

Sec. 2, act of July

666. Inefficient aviation officers.-* Provided further, That whenever, under such regulations as the Secretary of War shall prescribe and publish to the Army, an officer assigned or detailed to duty of any kind in or with the aviation section shall have been found to be inattentive to his duties, inefficient, or incapacitated from any cause whatever for the full and efficient discharge of all duties that might properly be imposed upon him if he should be continued on duty in or with said section, said officer shall be returned forthwith to the branch of the service in which he shall hold a commission. Sec. 2, act of July 18, 1914 (38 Stat. 515).

Provided, That not to exceed 10 per centum of the officers in each grade below that of brigadier general who fail to qualify as aircraft pilots or as observers within one year after the date of detail or assignment shall be permitted to remain detailed or assigned to the Air Service. Sec. 13a,

*

added to the act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768). 667. College education not requisite for a commission.-* Provided further, That no person otherwise qualified for service as a cadet, pilot, military aviator, or other officer in the aviation service, shall be barred from such service by reason of not being equipped with a college education. Act of July 9, 1918 (40 Stat. 849).

But see 2269, post.

668. Examinations of aviators and mechanicians.-That officers detailed in or attached to the aviation section of the Signal Corps may, when qualified therefor, be rated as junior military aviators, military aviators, junior military aeronauts, and military aeronauts, but no person shall be so rated until there shall have been issued to him a certificate to the effect that he is qualified for the rating, and no certificate shall be issued to any person until an examining board, which shall be composed of two officers of experience of the aviation section of the Signal Corps and one medical officer, shall have examined him under general regulations to be prescribed by the Secretary of War and published to the Army by the War Department, and shall have reported to him to be qualified for the rating. Sec. 6, act of July 24,

1917 (40 Stat. 244).

* Provided further, That, except as hereinafter provided in the cases of officers now on aviation duty, no person shall be detailed as an aviation officer, or rated as a junior military aviator, or as a military aviator, or as an aviation mechanician until there shall have been issued to him a certificate to the effect that he is qualified for the detail or rating, or for both the detail and the rating, sought or proposed in his case, and no such certificate shall be issued to any person until an aviation examining board, which shall be composed of three officers of experience in the aviation service and two medical officers, shall have examined him, under general regulations to be prescribed by the Secretary of War and published to the Army by the War Department, and shall have reported him to be qualified for the detail or rating, or for both the detail and the rating, sought or proposed in his case: * and no person shall re

ceive the rating of military aviator until he shall have served creditably for at least three years as an aviation officer with the rating of junior military aviator: Sec. 3, act of July 18, 1914 (38 Stat. 516).

*

Similar provisions appear in sec. 13, act of June 3, 1916 (39 Stat. 175), repealed by sec. 13, act of June 4, 1920 (41 Stat. 768). But see 1658, post.

Instead of the above ratings, a rating as airplane pilot is now conferred on qualified officers. Par. 15841, A. R. 1913. But see 2353, post.

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669. Certificates for aviators and mechanicians.—* Provided further, That the Secretary of War shall cause appropriate certificates of qualification to be issued by the Adjutant General of the Army to all officers and enlisted men who shall have been found and reported by aviation examining boards in accordance with the terms of this Act, to be qualified for the details and ratings for which said officers and enlisted men shall have been examined: * Sec. 3, act of July 18, 1914 (38 Stat, 516).

670. Service as an aviation student prior to detail of an officer.-* Provided further, That except as hereinbefore provided in the cases of officers who are now on aviation duty and who shall be rated as junior military aviators as hereinbefore authorized, no person shall be detailed for service as an aviation officer in the aviation section until he shall have served creditably as an aviation student for a period to be fixed by the Secretary of War; * Sec. 3, act of July 18, 1914 (38 Stat. 516).

*

But see 2353, post.

671. Earliest appointments of junior military aviators.-That the aviation officers hereinbefore provided for shall be rated in two classes, to wit, as junior military aviators and as military aviators. Within sixty days after this Act shall take effect the Secretary of War may, upon the recommendation of the Chief Signal Officer, rate as junior military aviators any officers with rank below that of captain, who are now on aviation duty and who have, or shall have before the date of rating so authorized, shown by practical tests, including aerial flights, that they are especially well qualified for military aviation service; and after said rating shall have been made the rating of junior military aviator shall not be conferred upon any person except as hereinafter provided. Sec. 3, act of July 18, 1914 (38 Stat. 515).

But see 1658, post.

672. Rating of military aviators and military aeronauts in time of war.No person shall receive the rating of military aviator or military aeronaut until he shall have served creditably for three years as an aviation officer with the rating of a junior military aviator or the rating of a junior military aeronaut, except that in time of war any officer or enlisted man who specially distinguishes himself in active service may, upon recommendation of the Chief Signal Officer of the Army, be rated as a junior military aviator, military aviator, junior military aeronaut, or military aeronaut without regard to examination or to length of service: * Sec. 6, act of July 24, 1917 (40 Stat. 244).

But see 1658, post.
673. Flying cadets.-*

There shall also be constantly attached to the aviation section a sufficient number of aviation students to make, with the aviation officers actually detailed in said section under the provisions of this Act, a total number of sixty aviation officers and aviation students constantly under assignment to, or detail in, said section. Said aviation students, all of whom shall be selected on the recommendation of the chief signal officer from among unmarried lieutenants of the line of the Army not over thirty years of age, shall remain attached to the aviation section for a sufficient time, but in no case to exceed one year, to determine their fitness or unfitness for detail as aviation officers in said section, and their detachment from their respective arms of service which under assignment to said section shall not be held to create in said arms vacancies that may be filled by promotions or original appointments: Sec. 2, act of July 18, 1914 (38 Stat. 515).

*

The word "which" in the third liue from the end evidently should be "while." Aviation students shall be enlisted in or appointed to the grade of flying cadet, Air Service, which grade is hereby established: Provided, That the total number of flying cadets shall not at any time exceed one thousand three hundred. * Act of July 11, 1919 (41 Stat. 109), making appropriations for the support of the Army: Air Service.

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