Public Law 78-482

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    78TH UNITED STATES CONGRESS
    2ND SESSION


    An Act
    To establish the grade of Fleet Admiral for the United States Navy; to establish the grade of General of the Army, and for other purposes.


    Be it enacted by the Senate and House of Representatives of the United States of America in Congress and assembled, That the grade of Fleet Admiral of the United States Navy is hereby established on the active list of the line of the Regular Navy as the highest grade in the Navy. Appointments to said grade shall be made by the President, by and with the advice and consent of the Senate, from among line officers on the active list and retired line officers on active duty serving in the rank of admiral in the Navy at the time of such appointment. The number of officers of such grade on the active list at any one time shall not exceed four.

    Sec. 2. The grade of General of the Army is hereby established. Appointments to said grade shall be made by the President, by and with the advice and consent of the Senate, from officers of the Army who, at the time of such appointment, are serving in the grade of general officer in the Army. The number of officers holding the grade of General of the Army on active duty shall not exceed four. The officers appointed under the provisions of this section shall take rank above all other officers on the active list of or on active duty in the Army and shall be entitled to all rights, privileges, benefits, pay, and allowances provided by this Act, notwithstanding any provisions of the Act of February 23, 1929 (45 Stat. 1255), or any other law.

    Sec. 3. Appointments under authority of this Act shall be made without examination and shall continue in force, during such period as the President shall determine. The permanent or temporary status of officers of the active list of the Navy or of the Army appointed to a higher grade pursuant to section 1 or section 2 hereof shall not be vacated solely by reason of such appointment, nor shall such appointees be prejudiced in regard to promotion, in accordance with the laws relating to the Navy or of the Army. An officer appointed from the retired list to the grade of Fleet Admiral of the United States Navy on the active list or General of the Army as provided herein shall, upon the termination of such appointment, revert to the status held by him prior to such appointment, except as otherwise provided herein.

    Sec. 4. Appointees under this Act shall, while on active duty, receive the same pay and allowances as a rear admiral of the upper half, plus a personal money allowance of $5,000 per annum.

    Sec. 5. In the discretion of the President, by and with the advice and consent of the Senate, each officer who shall have served in the grade or rank of Fleet Admiral or General of the Army by virtue of an appointment under the provisions of this Act shall, upon retirement or reversion to the retired list, as the case may be, have on the retired list the highest grade or rank held by him on the active list or on active duty: Provided, That each such officer shall be entitled to retired pay equal to 75 per centum of the active-duty pay provided herein of an officer appointed pursuant to the provisions of this Act: Provided further, that no officer of the naval or military service on the active or retired list shall be appointed or advanced to the grade or rank of Fleet Admiral or General of the Army except as provided in this Act.

    Sec. 6. The officers appointed under the provisions of this Act shall take rank among themselves while on active duty according to dates of appointment.

    Sec. 7. Nothing in this Act shall affect the provisions of the Act of September 3, 1919 (41 Stat. 283: 10 U.S.C. 671a), or any other law relating to the office of General of the Armies of the United States.

    Sec. 8. This Act shall be effective only until six months after the termination of the wars in which the United States is now engaged as proclaimed by the President, or such earlier date as the Congress, by concurrent resolution, may fix.


    Approved December 14, 1944.


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    This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).