1372. Base pay; general and lieutenant general.-The officers of the Army shall be entitled to the pay herein stated after their respective designations: The general, thirteen thousand five hundred dollars a year. Lieutenant general, eleven thousand dollars a year. * ** R. S. 1261.

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; Act of Sept. 3, 1919 (41 Stat. 283); U. S. C. 10: 671a.

See notes to 8, ante.

1373. Same; major generals and brigadier generals.-That commencing July 1, 1922, the annual base pay of a brigadier general of the Army * * shali be $6,000; and the annual base pay of a major general of the Army shall be $8,000. Sec. 8, act of June 10, 1922 (42 Stat. 629);

U. S. C. 37: 12.

For subsistence and rental allowances of a major general and a brigadier general, see, respectively, 1522 and 1505, post.

1374. Base pay; officers below grade of brigadier general. That, beginning July 1, 1922, for the purpose of computing the annual pay of the commissioned officers of the Regular Army * * below the grade of brigadier general

follows:

pay periods are prescribed, and the base pay for each is fixed as

The first period, $1,500; the second period, $2,000; the third period, $2,400; the fourth period, $3,000; the fifth period, $3,500; and the sixth period, $4,000. The pay of the sixth period shall be paid to colonels of the Army

and officers of corresponding grade who have completed twenty-six years' serv51109-30 58

*

ice, or whose first appointment in the permanent service was in a grade above that corresponding to captain in the Army, or who were appointed to the Regular Army under the provisions of the first sentence of section 24, Act of June 3, 1916, as amended by the Act of June 4, 1920; to lieutenant colonels of the Army * and officers of corresponding grade, who have completed thirty years' service; and to the Chief of Chaplains of the Army.

*

The pay of the fifth period shall be paid to colonels of the Army and officers of corresponding grade who are not entitled to the pay of the sixth period; to lieutenant colonels of the Army * ** and officers of corresponding grade who have completed twenty years' service, or whose first appointment in the permanent service was in a grade above that corresponding to captain in the Army, or who were appointed to the Regular Army under the provisions of the first sentence of said section 24; and to majors of the Army * ** and officers of corresponding grade who have completed twenty-three years' service:

*

The pay of the fourth period shall be paid to lieutenant colonels of the Army * and officers of corresponding grade who are not entitled to the pay of the fifth or sixth period; to majors of the Army ** and officers of corresponding grade who have completed fourteen years' service, or whose first appointment in the permanent service was in a grade above that corresponding to second lieutenant in the Army, or who were appointed to the Regular Army to fill vacancies created by the increase of the commissioned personnel thereof in 1920; to captains of the Army and officers of corresponding grade

*

who have completed seventeen years' service;

The pay of the third period shall be paid to majors of the Army and officers of corresponding grade who are not entitled to the pay of the fourth, fifth, or sixth period; to captains of the Army * *

and officers

of corresponding grade who have completed seven years' service, or whose first appointment in the permanent service was in a grade above that corresponding to second lieutenant in the Army, or whose present rank dates from July 1, 1920, or earlier; to first lieutenants of the Army

corresponding grade who have completed ten years' service;

and officers of

The pay of the second period shall be paid to captains of the Army and officers of corresponding grade who are not entitled to the pay of the third or fourth period; to first lieutenants of the Army and officers of

corresponding grade who have completed three years' service, or whose first appointment in the permanent service was in a grade above that corresponding to second lieutenant in the Army; and to second lieutenants of the Army * and officers of corresponding grade who have completed five years'

service.

The pay of the first period shall be paid to all other officers whose pay is provided for in this section. Sec. 1, act of June 10, 1922 (42 Stat. 625), as amended by act of May 23, 1928 (45 Stat. 719), as amended by act of May 28, 1928 (45 Stat. 788); U. S. C. 37: 1.

Provided further, That the discharge and recommission of officers in the next lower grade shall not operate to reduce the pay or allowances which Sec. 1, act of Sept. 14, 1922 (42 Stat. 841);

they are now receiving: U. S. C. 10: 902.

*

Notes of Decisions

Right to pay, in general. The pay of officers of the Army is prescribed by statute, and so long as a person is an officer of the Army he is entitled to receive the pay be

longing to the office, unless he has forfeited it under some provision of law, whether he has actually performed millitary service or not. (1869) 13 Op. Atty. Gen. 104.