CODIFIED REGULATIONS OF THE ARMY. ARTICLE I. MILITARY DISCIPLINE. 1. All inferiors are required to obey strictly, and to execute with alacrity and good faith, the lawful orders of the superiors appointed over them.-[Regs. 1863, ¶ 1.] 2. Military authority is to be exercised with firmness, but with kindness and justice to inferiors. Punishments shall be strictly conformable to military law.-[Regs. 1863, ¶ 2.] 3. Superiors of every grade are forbidden to injure those under them by tyrannical or capricious conduct, or by abusive language.-[Regs. 1863, ¶ 3.] 4. Courtesy among military men is indispensable to discipline; respect to superiors will not be confined to obedience on duty, but will be extended on all occasions.— [Inf. Tactics, ¶ 786.] 5. Deliberations or discussions among any class of military men having the object of conveying praise or censure, or any mark of approbation toward their superiors or others in the military service, and all publications relative to transactions between officers of a private or personal nature, whether newspaper, pamphlet, or hand-bill, are strictly prohibited.-[Regs. 1863, ¶ 220.] ARTICLE II. SUBORDINATION TO CIVIL AUTHORITY. 6. Respect for the civil authorities is the duty of all citizens, and especially of those in the military service. 7. As the objects of the military service are of national interest, it is very desirable that kindly relations exist between soldiers and other citizens. 8. A civil officer charged with the execution of process will receive proper facilities for its service on making known his character to the commanding officer.—[ Arts. of War, 54 to 59.] ARTICLE III. PRECEDENCE OF REGIMENTS AND CORPS. 9. On parade, or other occasions of ceremony, troops of different arms are arranged from right to left in the following order: first, infantry; second, mounted Artillery; third, cavalry. Artillery not mounted and Engineers serving as Infantry are posted as Infantry. Engineers serving as such are posted on the right of the Infantry. Marines and dismounted Cavalry are on the left of the Infantry. In the same arm, Regulars, Volunteers, and Militia are posted in line from right to left in the order named. On all other occasions troops of all classes are posted at the discretion of the General or senior commander.-[Inf. Tactics, ¶ 833; Regs. 1863, ¶ 480.] 11. Cadet. 12. Sergeant Major and Veterinary Surgeon. 13. Quartermaster and Saddler Sergeant (regimental). 14. Ordnance and Commissary Sergeant and Hospital Steward of the first class. 15. First Sergeant. 16. Sergeant and Company Quartermaster Sergeant. 17. Corporal [R. S., §§ 1094, 1095; Regs. 1863, ¶ 4.] And in each grade by date of commission, appointment, or warrant. Chaplains have the rank of Captains of Infantry without command.-[R. S., ¶ 1122.] 11. Officers of the Regular Army, of the Marine Corps, and of Volunteers, when commissioned or mustered into the service of the United States, being upon equal footing, take precedence in each grade by date of commission or appointment. Officers serving by commission from any State of the Union take rank next after officers of like grade by commission from the United States, except commissions issued by the President to officers of Volunteer regiments, which will be considered the same as if issued by governors of States. Militia officers, when employed in conjunction with the Regular or Volunteer forces of the United States, take rank next after all officers of like grade in those forces.-[Regs. 1863, ¶¶ 4, 9; App. B, ¶ 12; R. S., § 1603; Arts. of War 123, 124.] 12. In fixing relative rank between officers of the same grade and date of appointment and commission, the time which each may have actually served as a commissioned officer of the United States, whether continuously or at different periods, shall be taken into account. And in computing such time no distinction is to be made between service as a commissioned officer in the Regular Army and service since the 19th day of April, 1861, in the Volunteer forces, whether under appointment or commission from the President or from the governor of a State.—[R. S., § 1219.] 13. Where periods of service are equal, precedence will be determined between officers of the same regiment, corps, or department, by the order of appointment. Between officers of different regiments: 1st. Rank in actual service when appointed; 2d. Former rank in the Regular Army, in the Marine Corps, or in the Volunteer service; 3d. By lot among such as have not been in the military service of the United States. [R. S., § 1219; Regs. 1863, ¶ 5.] ARTICLE V. COMMAND. 14. Without orders from competent authority, an officer cannot put himself on duty by virtue of his commission alone.-[Regs. 1863, ¶ 8.] 15. The officers of Engineers are not to assume nor to be ordered on any duty beyond the line of their immediate profession, except by the special order of the President. [Regs. 1863, ¶ 12.] 16. When an Engineer or other officer is charged with directing an expedition or making a reconnoissance without having command of the escort, the commander of the escort shall consult him on all the arrangements necessary to secure the success of the operation.-[Regs. 1863, ¶ 488.] 17. An officer of the Pay or Medical Department cannot exercise command except in his own department; but, by virtue of their commissions, officers of these departments may command all enlisted men like other commissioned officers.-[Regs. 1863, ¶ 13; R. S., § 1169.] 18. Officers of the Corps of Engineers or Ordnance, or of the Adjutant General's, Inspector General's, Quartermaster General's, or Subsistence Department, though eligible to command according to the rank they hold in the Army of the United States, shall not assume the command of troops unless put on duty under orders which specially so direct by authority of the President.-[Regs. 1863, ¶ 14.] 19. The functions assigned to any officer in these Regulations by title of office devolve on the officer acting in his place, except when otherwise specified.-[ Regs. 1863, ¶ 15.] 20. In case of the death, resignation, absence, or sickness of the Chief of any Bureau, or of any officer thereof, whose appointment is not vested in the head of the Department, the assistant or deputy of such Chief or of such officer, or if there be none, then the Chief Clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such Chief or of such officer until a successor is appointed or such absence or sickness shall cease.-[R. S., § 178.] 21. An officer who succeeds to any command or duty stands in regard to his duties in the same situation as his predecessor. The officer relieved shall turn over to his successor all orders in force at the time, and all the public property and funds pertaining to his command or duty, and shall receive therefor duplicate receipts, showing the condition of each article.-[Regs. 1863, ¶ 17.] 22. An officer in a temporary command shall not, except in urgent cases, alter or annul the standing orders of the regular or permanent commander without authority from the next higher commander.-[Regs. 1863, ¶ 18.] ARTICLE VI. APPOINTMENT AND PROMOTION OF COMMISSIONED OFFICERS. 23. The President, by and with the advice and consent of the Senate, appoints and commissions all commissioned officers of the Army. 24. Notices of appointments and promotions are issued by the War Department through the Adjutant General of the Army. 25. Appointments to the rank of general officer will be made by selection from the Army.-[Regs. 1863, ¶ 21.] 26. All vacancies in the grade of Second Lieutenant shall be filled by appointment from the graduates of the Military Academy, so long as any such remain in service unassigned; and any vacancies thereafter remaining shall be filled by promotion of meritorious non-commissioned officers of the Army. Vacancies remaining, after exhausting the two classes named, may be filled by appointment of persons in civil life. But appointments of civilians, except such as are regular graduates of the Military Academy who have been honorably discharged from the service, shall be made in time of peace only when more vacancies exist in the Army than will be required in the assignment of the next graduating class.-[Acts approved June 11, 1878, sec. 2, and June 18, 1878, sec. 3; Regs. 1863, ¶ 22.] 27. To insure the selection of proper candidates for promotion from the grades of non-commissioned officer, company commanders will report to their regimental commanders, by the first of February in each year, such as, in their opinion, by education, conduct, and services, seem to merit advancement, and who have served not less than two years in the Army. The reports will set forth a description of the candidate, his length of service as non-commissioned officer and as private soldier, his character as to fidelity and sobriety; his age, physical qualifications, and mental abilities; the extent to which his talents have been cultivated, and his fitness generally to discharge the duties of a commissioned officer. If recommended on account of meritorious services, the particular services referred to must be stated in detail. On receiving the reports of company commanders, the regimental commander will forward them, by the end of the same month, to the Department Commanders, with such recommendation of non-commissioned regimental Staff as he may deem worthy of promotion; and the Department Commander shall annually assemble a board, to consist of five officers of as high rank as the convenience of the service will admit, to make a preliminary examination into the claims and qualifications of such non-commissioned officers. The board, constituted as above, shall submit a full statement in the case of each candidate examined; and on the said statements the Department Commander shall indorse his remarks and forward them to the Secretary of War by the first day of June in each year. The Chief of Engineers and of other Staff Corps may make similar recommendations of the non-commissioned officers of their respective commands to the Secretary of War, who shall convene a Board of Officers for like purpose.-G. O. 62, 1878.] 28. Officers are enjoined to exercise the utmost care, not only that no unworthy candidate is recommended, but also that the most worthy are recommended. All statements not based on the personal knowledge of officers themselves they should be careful to verify by disinterested evidence. As far as practicable, candidates will be promoted in their own regiments.-[G. O. 62, 1878.] 29. Whenever the public service may require the appointment of a civilian to the Army, a Board of Officers will be instituted, before which the candidate will be authorized by the Secretary of War to appear, for examination into his physical ability, moral character, attainments, and general fitness for the service.-[Regs. 1863, 23; G. 0.81, 1873.] 30. As a rule, promotions of non-commissioned officers to the rank of Second Lieutenant will not be made if the candidate is under twenty-one or over thirty years of age, nor if the candidate at the time of his appointment is married. The limits of age in cases of civilian candidates are twenty and thirty years.-[G. O. 81, 1873; G. O. €2, 1878.] 31. Rules for conducting the examination of non-commissioned officers and civilian candidates for appointment as Second Lieutenant will be furnished the boards by the Secretary of War, through the Adjutant General of the Army.-[G. O. 81, 1873; G. O. 62 and 68, 1878.] 32. "Meritorious non-commissioned officers of the Army recommended," according to the above regulation, will receive a certificate to that effect from the Adjutant General of the Army, and will be known in the service as "candidates for promotion," and will have the title of "candidate" prefixed to that of their rank on all rolls, returns, orders, and correspondence. They will be entitled to wear on each sleeve of their coat a single stripe of gilt lace, but will be entitled to this privilege so long only as they maintain the specially honorable position of "candidate."-[G. O. 62, 1878.] 33. The privileges of a candidate terminate with the calendar year next succeeding that in which he receives his "certificate," unless his recommendation shall be continued by the succeeding Boards of Examination; but it will not be necessary again to examine candidates as in the first instance. Candidates who become ineligible by reason of over-age shall be entitled to wear the candidates' stripe on the left sleeve only, so long as they maintain the same standing and good conduct as non-commissioned officers in the service as at their examination.-[G. O. 62, 1878.] 34. "Candidates" who may be guilty of misconduct will be promptly reported to the Adjutant General of the Army, through Regimental and Department Headquarters, the report giving a full statement of the misconduct alleged, with names of witnesses. Before forwarding such report to the Adjutant General of the Army, the Department Commander will see that the "candidate" has a fair and impartial hearing, that the merits of the case may be carefully and accurately determined and reported on for the decision of the Secretary of War. Any candidate who loses his position of non-commissioned officer ceases to be a candidate and forfeits his privileges as such.[G. O. 62, 1878.] 35. "Candidates" who think themselves wronged in the loss of that position shall have a right to trial by General Court-Martial on appeal, within two months, to the Department Commander, and no non-commissioned officer, while holding the privileges of a "candidate," shall be brought before a Field officers' court, or a garrison or regimental court-martial.-[G. O. 62, 1878.] 36. All vacancies in established regiments and corps, to the rank of Colonel, shall be filled by promotion according to seniority, except in case of disability or other incompetency.-[Regs. 1863, ¶ 19.] 37. Promotions to the rank of Captain shall be made regimentally; to Major and Lieutenant Colonel and Colonel, according to the arm, as infantry, artillery, &c., and in the Staff Departments, and in the Engineers and Ordnance, according to corps.[Regs. 1863, ¶ 20.] 38. Suspension from rank will prevent an officer's promotion to a higher grade, but will not otherwise prejudice his relative advancement by seniority in the grade occupied for the time being.-[Dec. of Sec. War, June 22, 1872.] ARTICLE VII. APPOINTMENTS AND DETAILS ON THE STAFF. 39. As far as practicable, all appointments and details on the Staff will be equalized among the several regiments.-[Regs. 1863, ¶ 33.] 40. General Officers appoint their own Aides-de-Camp.-[Regs. 1863, ¶ 34.] 41. Brevet Brigadier and Major Generals on duty as such may, with the special sanction of the War Department, be allowed the Aides-de-Camp of their brevet grades.-[Regs. 1863, ¶ 35.] 4.0.85.242. An officer shall not fill any Staff appointment, or other situation, the duties of 8 which will detach him from his company, regiment, or corps, until he has served at least three years with his regiment or corps; nor shall any officers (Aides-de-Camp excepted) so remain detached longer than four years.-[Regs. 1863, ¶ 36.] 9.0.135. 82 43. An officer of a mounted corps shall not be separated from his regiment, except for duty connected with his particular arm.-[ Regs. 1863, ¶ 37.] 44. The assignment to stations of officers of Engineers, of Ordnance, and of the Staff Departments, except as provided in the regulations for troops in campaign, will be made by the Secretary of War, through the General of the Army, or by Commanders of Geographical Divisions and Departments, under the special authority of the War Department. The Commander of a Department who, in consequence of the movement of troops, or other necessity of the service, removes an officer from the station assigned him by the Secretary of War, shall promptly report the case to the Adjutant General of the Army.--[ Regs. 1863, T440; G. O. 28, 1876.] 45. The Staff of Division and Department Commanders is limited to the following: The authorized Aides-de-Camp. One Assistant Adjutant General, or an officer to act as Assistant Adjutant General. One or more officers of the Inspector General's Department, if available; if none are available, an officer may be assigned to these duties with the sanction of the Secretary of War. One Judge Advocate, or an officer assigned to that duty with the sanction of the Secretary of War. One Chief Quartermaster and one Chief Commissary of Subsistence, who shall also take charge of the depot and purchases for their respective departments at the place where headquarters are located. One Medical Director, who shall also perform the duty of attending surgeon at the place where headquarters are established. A Chief Paymaster, who shall make his proportion of payments in the command. 46. In the absence of the Assistant Adjutant General, his duties will be temporarily performed by an Aide-de-Camp, whose signature to official papers, as Aide-de-Camp, is sufficient without the added title of Acting Assistant Adjutant General.—[ Decision of Gen. Army, Jan. 31, 1871.] 47. In the absence of a Regimental Quartermaster or Commissary of Subsistence, an officer may be detailed as Acting Assistant Quartermaster or Acting Commissary at a post or station. Copies of orders making such details will be forwarded at their date to the Staff Bureau concerned.-[R. S., § 1261; G. O. 40, 1866.] 48. The commanding officer of any command is authorized to designate an officer [to be known as the Acting Ordnance Officer], who will, under his direction, take charge of and be accountable for all the ordnance and ordnance stores not in the hands of the companies composing the command.-[G. O. 4, 1880.] ARTICLE VIII. DETAILS TO COLLEGES. [G. O. 100, 1879.] 49. Details of officers of the Army as professors at colleges and universities, under sections 1225 and 1260, Revised Statutes, will be according to the following regulations: 50. Details" shall be apportioned throughout the United States as nearly as may be practicable according to population;" such States as do not contain sufficient population to entitle them to one officer will be grouped with one or more contiguous States or Territories, so that the combined population of the group will allow the detail of one or more officers, to the extent of thirty officers in all. 51. As a rule, Captains of companies, regimental staff officers, or officers who have served less than three years with their regiments or corps, or who have recently completed a tour of detached duty, will not be eligible. No details will be made that will leave a battery, troop, or company without two officers for duty with it. The period of detail will not be longer than three years. 52. Retired officers, if acceptable to any institution, may, on their own request, be detailed on this duty among the thirty authorized. Besides this number, any retired officer may arrange to serve at a college or university without detail from or reference to the War Department; but unless detailed under section 1225, Revised Statutes, such service will not entitle the institution to the arms, &c., provided by that section. 53. No detail will be made for any institution except upon an application from its proper representatives, nor will any officer be so detailed unless acceptable to the authorities of the institution, who should make their selection from the officers available for this duty. 54. Applications for officers should be addressed to the Secretary of War, and should duly certify the number of male students the college or university has the capacity to educate, and should also be accompanied by the last printed catalogue. 55. Officers of the Army desiring a detail at colleges or universities may make application to the Adjutant General, through the usual military channels; their applications and the recommendations forwarded therewith will, if the officers are available, be furnished to such institutions as may desire to make a selection. ORDNANCE STORES FOR COLLEGES. 56. Issue of stores, limited to the following, will be made, under section 1225, Revised Statutes, by the Chief of Ordnance to any selected institution upon its filing a bond in the penal sum of double the value of the property, conditioned that it will take good care of and safely keep and account for the same, and will, when required by the Secretary of War, duly return the same, within thirty days, in good order, to the Chief of Ordnance United States Army, or to such officer or person as the Secretary of War may designate to receive it. 1. Pieces of field artillery, with necessary implements: 2 3-inch rifled guns, wrought-iron, model 1861, at $450.... 2 carriages and limbers, 3-inch gun, at $325.. $900 00 9.0. 93 184 |