This userkilled Yvette. This user hated her... so... much... It- It... the f-- It... Flame... Flames. Flames... On the side of my face... Breathing... Breathle-- Heaving breaths... Heaving...
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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 OFSEPTEMBER 3, 1919, 41 STAT. 283, UPON HIS RETIREMENT IS ENTITLED, UNDERTHE PROVISIONS OF THE ACT OF JUNE 30, 1882, 22 STAT. 118, TO THE PAYAND ALLOWANCES HE WAS RECEIVING AS AN OFFICER ON THE ACTIVE LIST AT THETIME 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, PRESENTINGFOR DECISION THE FOLLOWING QUESTION:
WILL GENERAL JOHN J. PERSHING, WHO WAS APPOINTED PURSUANT TO THE ACTOF SEPTEMBER 3, 1919 (41 STAT. 283), BE ENTITLED, IN HIS RETIREMENT, TOTHE PAY AND ALLOWANCES THAT HE IS RECEIVING AS AN OFFICER ON THE ACTIVELIST AT THE TIME OF RETIREMENT?
IT IS UNDERSTOOD THAT GENERAL PERSHING WAS PLACED ON THE RETIRED LISTSEPTEMBER 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 ISHEREBY REVIVED, AND THE PRESIDENT IS HEREBY AUTHORIZED, IN HISDISCRETION AND BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TOAPPOINT TO SAID OFFICE A GENERAL OFFICER OF THE ARMY WHO, ON FOREIGNSOIL AND DURING THE RECENT WAR, HAS BEEN ESPECIALLY DISTINGUISHED IN THEHIGHER COMMAND OF MILITARY FORCES OF THE UNITED STATES; AND THE OFFICERAPPOINTED UNDER THE FOREGOING AUTHORIZATION SHALL HAVE THE PAYPRESCRIBED 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 MADEUNDER THE TERMS OF THIS ACT.
SECTION 4 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE4, 1920, 41 STAT. 760, PROVIDES:
THERE SHALL BE ONE GENERAL, AS NOW AUTHORIZED BY LAW, UNTIL A VACANCYOCCURS IN THAT OFFICE, AFTER WHICH IT SHALL CEASE TO EXIST.
SUCH DIFFICULTY AS EXISTS RESULTS FROM THE FACT THAT THE ACT OF 1919REVIVED THE OFFICE OF ,GENERAL OF THE ARMIES OF THE UNITED STATES,"WHILE THE OFFICE IN EXISTENCE WHEN THE ACT OF 1882, HEREAFTER REFERREDTO, 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 OFOFFICERS RETIRED FROM ACTIVE SERVICE TO 75 PERCENT OF THE PAY OF THERANK UPON WHICH THEY ARE RETIRED, WHILE THE ACT OF JUNE 30, 1882, 22STAT. 118, CONTAINS A PROVISO:
THAT THE GENERAL OF THE ARMY, WHEN RETIRED, SHALL BE RETIRED WITHOUTREDUCTION IN HIS CURRENT PAY AND ALLOWANCES; * * *.
THE ACT OF 1919 REVIVED AN OFFICE WHICH HAD EXISTED AT SOME TIME INTHE PAST AND WHICH HAD LAPSED EITHER BY REPEAL OF THE LAW CREATING IT ORBY PROHIBITION AGAINST FILLING IT. SECTION 1094 OF THE REVISED STATUTESPROVIDES THAT THE ARMY OF THE UNITED STATES SHALL INCLUDE "ONE GENERAL,"WITH A PROVISO, EVIDENTLY BASED ON THE PROVISION CONTAINED IN THE ACT OFJULY 15, 1870, 16 STAT. 318:
THAT WHEN A VACANCY OCCURS IN THE OFFICE OF GENERAL ORLIEUTENANT-GENERAL SUCH OFFICE SHALL CEASE, AND ALL ENACTMENTS CREATINGOR REGULATING SUCH OFFICES SHALL, RESPECTIVELY, BE HELD TO BE REPEALED.
THE OFFICE WAS, HOWEVER, CONTINUED IN EXISTENCE, OR IN EFFECTREVIVED, 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 WASREVIVED IN 1866 AND BEFORE THE LIMITATION UPON FILLING A VACANCY WASENACTED IN 1870, GEN. WILLIAM T. SHERMAN HAD SUCCEEDED TO THE OFFICEVACATED 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, ANDTHE 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 APPOINTEDAND COMMISSIONED BY THE STYLE OF "GENERAL OF THE ARMIES OF THE UNITEDSTATES," AND THE PRESENT OFFICE AND TITLE OF LIEUTENANT-GENERAL SHALLTHEREAFTER BE ABOLISHED.
IT THUS APPEARS THAT THE OFFICE OF GENERAL WAS FIRST CREATED IN 1799BY THE TITLE OF "GENERAL OF THE ARMIES OF THE UNITED STATES; " THAT ITWAS REVIVED IN 1866 AS "GENERAL OF THE ARMY OF THE UNITED STATES; " ANDTHAT IT WAS AGAIN REVIVED IN 1919 BY THE TITLE OF "GENERAL OF THE ARMIESOF THE UNITED STATES.' THAT IT IS ONE AND THE SAME OFFICE, THAT OFGENERAL, IS UNQUESTIONED. WHETHER THE PLURAL WAS USED IN 1799 BECAUSEOF THE PROSPECTS OF WAR WITH ARMIES OPERATING IN SEVERAL THEATERS, THESINGULAR IN 1866 AFTER THE CLOSE OF THE CIVIL WAR AND WITH A VIEW TO ASMALL REGULAR ARMY OPERATING IN TIME OF PEACE IN THE CONTINENTAL LIMITSOF THE UNITED STATES, AND THE PLURAL IN 1919 BECAUSE OF THE TECHNICALSTATE OF WAR, THE EXPENSION OF THE REGULAR ARMY, AND THE EXISTENCE OFUNITS THEREOF AT FAR DISTANT STATIONS BEYOND THE LIMITS OF THE UNITEDSTATES, IT WOULD BE FRUITLESS TO INQUIRE. THE OFFICE OF GENERAL WASREVIVED, SPECIFICALLY THE PAY THERETOFORE AUTHORIZED FOR THE GENERAL OFTHE ARMY BY THE ACT OF 1870 WAS FIXED AS THE PAY OF THE REVIVED OFFICE,AND, EXCEPT AS SPECIFICALLY OTHERWISE PROVIDED, ALL OTHER ATTRIBUTES OFTHE OFFICE
OF GENERAL ATTACH TO THE REVIVED OFFICE. THE PROVISION FORALLOWANCES WAS A MODIFICATION OF THE PRIOR LAWS APPLICABLE TO THE OFFICEOF GENERAL, AND THE REFERENCE TO THE PAY FIXED BY THE ACT OF 1870 WASPROBABLY THOUGHT NECESSARY TO COMPLETELY FIX THE EMOLUMENTS OF THEREVIVED OFFICE AND WAS NOT A FIXING OF THE PAY PROPER OF A NEW ANDDIFFERENT OFFICE. IT SHOULD BE OBSERVED THAT CONGRESS WAS PROVIDING AREWARD FOR EXCEPTIONALLY MERITORIOUS SERVICE, AND THE DESIGN WAS TO SOSPECIFICALLY FIX THE EMOLUMENTS THAT THE MATTER COULD NOT BECOME ONE OFEMBARRASSMENT TO THE RECIPIENT BECAUSE OF DOUBT AS TO WHAT WAS INTENDEDTO BE PROVIDED.
IN THE MATTER OF AIDS TO THE GENERAL, IT HAS BEEN HELD HE WASENTITLED TO THE NUMBER PRESCRIBED FOR THE GENERAL OF THE ARMY, 27 COMP.DEC. 275 AND 280. ANY OTHER ATTRIBUTE, RIGHT, PRIVILEGE, ETC., OF THEOFFICE NOT SPECIFICALLY MODIFIED WOULD NECESSARILY ALSO APPLY TO THEOFFICE, INCLUDING THE ACT OF 1882. THE ACT OF 1882 FIRST ESTABLISHEDTHE COMPULSORY RETIREMENT OF OFFICERS AT THE AGE OF 64, AND THE PROVISOHERE CONSIDERED WAS A PART OF THAT PROVISION, EVIDENCING A PURPOSE TOPROVIDE FOR THE OFFICE HOLDING THE TITLE OF GENERAL OTHERWISE THAN UNDERSECTION 1274, REVISED STATUTES. THE ACT OF 1882 WAS APPLICABLE TOGENERAL SHERMAN UPON HIS RETIREMENT IN 1884. GENERAL SHERIDAN DIEDBEFORE REACHING THE AGE FOR RETIREMENT, AND GENERAL GRANT AFTER THEEXPIRATION OF HIS TERMS AS PRESIDENT WAS REAPPOINTED TO THE RETIRED LISTUNDER THE ACT OF MARCH 3, 1885, 23 STAT. 434, AUTHORIZING THEAPPOINTMENT ON THE RETIRED LIST OF THE ARMY OF ONE PERSON HAVING THEQUALIFICATIONS INDICATED "WITH THE RANK AND FULL PAY OF SUCH GENERAL, ORGENERAL-IN-CHIEF.' OF THE THREE OFFICERS WHO, PRIOR TO 1919, HELD THEPERMANENT TITLE OF GENERAL, BUT ONE REACHED THE RETIRED LIST UPONRETIREMENT FOR AGE, AND HE RECEIVED THE BENEFITS OF THE 1882 ACT.ANOTHER WAS PLACED UPON THE RETIRED LIST BY A SPECIAL ACT AND WITH ASPECIAL PAY, TO WIT, FULL PAY OF GENERAL. SO FAR AS A POLICY OFCONGRESS CAN BE GLEANED FROM THE LIMITED OCCASIONS ARISING, THAT POLICYWOULD SEEM TO BE THAT THE GENERAL WHEN RETIRED SHALL SUFFER NO REDUCTIONOF EMOLUMENTS.
ANSWERING YOUR QUESTION SPECIFICALLY, I AM OF OPINION THAT UNDER THEACT OF 1882 GEN. JOHN J. PERSHING WILL BE ENTITLED IN HIS RETIREMENT TOTHE PAY AND ALLOWANCES HE WAS RECEIVING AS AN OFFICER ON THE ACTIVE LISTAT THE TIME OF RETIREMENT.</DOC>
{{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}}
U.S. I Armored Corps -- stumbled across what I first thought was a bad redirect, then found out it was an actual unit commanded byPatton himself -- 01:37, 6 July 2006 (UTC)
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