An Act to authorize permanent appointments in the Armed Forces of the United States, and for other purposes.
PL 84-737 (H.R.11683), enacted 07/20/1956

582 
PUBLIC LAW 737-JULY 20, 1956 
[70 S T A T . 
July 20, 1956 
[H. R. 1 
Public Law 737 
CHAPTER 646 
AN ACT 
fi 
To authorize permanent appointments in the Armed Forces of the United States, 
and for other purposes. 
Armed F o r c e s 
R e g u l a r 
Officer 
Augmentation A c t 
of 1956. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Armed Forces Regular Officer Augmentation Act of 
1956". 
TITLE I 
A pp o i n t m e n t 
authority. 
Eligibility. 
Maximum ages. 
Restriction. 
Promotion list. 
Service c r e d i t -
able. 
ARMY 
SEC. 101. (a) The President, by and with the advice*and consent of 
the Senate, may appoint commissioned officers in the Regular Army 
under this title. 
(b) To be eligible for appointment under this title, a person must— 
(1) be a citizen of the United States; 
(2) be at least twenty-one years of age; 
(3) be of good moral character; 
(4) be physically qualified for active service; and 
(5) have such other qualifications as the Secretary of the Army 
may prescribe. 
SEC. 102. (a) No person may be appointed in a commissioned grade 
in the Regular Army under this title if on the date of his appointment 
he has already passed his— 
(1) thirty-fourth birthday, for a person appointed as a chap-
lain; 
(2) thirty-second birthday, for a person appointed in the 
Veterinary Corps or Judge Advocate General's Corps; 
(3) thirtieth birthday, for a person appointed in the Medical 
Service Corps; or 
(4) twenty-seventh birthday, for all other persons. 
The maximum ages prescribed in this subsection may be increased by 
a period equal to the years, months, and days credited under section 
103 (a) other than clause (1) or (2). 
(b) No person may be appointed a Regular officer under this title if 
his age is above that which would permit him to complete twenty years 
of active commissioned service before he attains his 
fifty-fifth 
birthday. 
SEC. 103. (a) For the purpose of determining grade, position on a 
promotion list, seniority m his grade in the Regular Army, and eli-
gibility for promotion, a person appointed in a commissioned grade 
in the Regular Army may, in the discretion of the Secretary of the 
Army, be credited at the time of his appointment with the active com-
missioned service in the Army after December 6, 1941, that he per-
formed after becoming twenty-one years of age and before his appoint-
ment, and, in addition, if applicable, not more than one of the 
following periods: 
(1) Three years, if appointed in the Veterinary Corps, a Chap-
lain, or the Judge Advocate General's Corps. 
(2) Three years, if appointed in the Medical Service Corps 
(for a person who holds a degree of doctor of philosophy or com-
parable degree recognized by the Surgeon General m a science 
allied to medicine). 
(3) A period (not to exceed eight years), for a person who is 
a commissioned officer on active duty on the effective date of this 
Act, which is equal to the number of days, months and years of 
his commissioned service creditable in the computation of his 
70 STAT.] 
PUBLIC LAW 737-JULY 20, 1956 
583 
basic pay which is in excess of his years of active commissioned 
service and which when added to his years of active commissioned 
service, equals the number of days, months and years by which 
his age at time of appointment exceeds age 27. 
(4) A period (not to exceed eight years) equal to the days, 
months and years by which his age exceeds twenty-seven, for not 
more than two hundred appointees who— 
(A) are outstanding specialists in a critical field in accord-
ance with criteria prescribed by the Secretary of the Army 
and approved hj the President; and 
(B) are appointed within two years after the effective date 
of this Act. 
(5) A period (not to exceed two years) equal to the days, 
months and years by which his age exceeds twenty-seven. 
(b) Notwithstanding any other provision of law, no person who was gr^duattl.*"^ "'*"" 
a cadet at the United States Military Academy, the United States 
Naval Academy or the United States Air Force Academy may be 
originally appointed in a commissioned grade in the Regular Army 
before the date on which his classmates at that Academy are graduated 
and appointed as officers. 
No person who was a cadet at, but did not 
graduate from, an Academy may be credited, upon appointment as a 
commissioned officer of the Regular Army, with longer service than 
that credited to any member of his class at that Academy whose service 
in the Army has been continuous since graduation. 
(c) Notwithstanding any other provision of law, a cadet at the u^es.***™^ grad-
United States Military Academy who completes the prescribed course 
of instruction may, upon graduation, be appointed a second lieutenant 
in the Regular Army, 
Whenever such an appointment or the appoint-
ment in the Regular Army, upon graduation, of a graduate of the 
United States Naval Academy or the United States Air Force Acad-
emy, results in there being a number of active-list commissioned offi-
cers in the Regular Army in excess of the authorized strength in those 
officers, that strength is temporarily increased as necessary for that 
appointment. 
Rank among the graduates of each class at such an 
Academy who, upon graduation, are appointed in the Regular Army 
shall be fixed under regulations prescribed by the Secretary of the 
Army. 
A graduate of the United States Military Academy, the 
United States Naval Academy, or the United States Air Force Acad-
emy who is appointed as a second lieutenant in the Regular Army is 
not entitled to any service credit under this title. 
SEC. 104. Based on the service credited under this title, the commis- ^^Pjacement on 
sioned grade in which a person is appointed under this title is that 
which is held by the junior officer on the applicable promotion list who 
is not a deferred officer or an officer considered but not recommended 
for promotion under section 518, Officer Personnel Act of 1947 (10 
U. S. C. 559i), having the same or next longer service, and the name 
^* ^
*
*
*
* ^'°* 
of an officer so appointed shall be placed on that list immediately below 
such officer. 
SEC. 105. The years of service for promotion credited to an officer 
"Years'service." 
under this title, or under other provisions of law, except service 
credited under section 103 (A) (1) and (2) of this title plus his 
subsequent active commissioned service in the Regular Army, shall 
be considered "years' service" within the meaning of section 514 of the 
Officer Personnel Act of 1947, as amended (10 U. S. C. 559c, 941a), 
^* ^
*
^
*
* ^°2-
if greater than that with which he would be credited under those 
provisions. 
SEC. 106. This title does not apply to the appointment of officers j^Nonappiicabu-
of the Army Nurse Corps or the Army Medical Specialist Corps. 
584 
PUBLIC LAW 737-JULY 20, 1956 
[70 ST A T . 
Saving provision. 
N orm al promo-
tion. 
Active l i s t , in-
crease. 
64 Stat. 322. 
This title, other than section 109, does not apply to the appointment 
of officers of the Medical Corps and Dental Corps. 
SEC. 107. This title does not terminate the appointment of any 
officer of the Kegular Army. 
SEC. 108. The promotion to a higher Regular grade of an officer of 
the Regular Army, otherwise eligible for promotion, may not be with-
held because of an appointment under this title. 
SEC. 109. Subsection 102 (b). Army and Air Force Authorization 
Act of 1949 (10 U. S. C. 20] (b)), is amended by striking out the 
words "thirty thousand six hundred" wherever they appear therein 
and inserting the figure "49,500". 
TITLE I I 
A p p o i n t m e n t 
authority. 
Bligibiiity. 
Boards. 
Limitation. 
Maximum age. 
Promotion list. 
Service c r e d i t -
able. 
61 Stat. 883. 
AIR FORCE 
SEC. 201. (a) The President, by and with the advice and consent of 
the Senate, may appoint commissioned officers in the Regular Air 
Force under this title. 
(b) To be eligible for appointment under this title, a person must— 
(1) be a citizen of the United States; 
(2) be at least twenty-one years of age; 
(3) be of good moral character; 
(4) be physically qualified for active service; and 
(5) have such other qualifications as the Secretary of the Air 
Force may prescribe. 
(c) The Secretary of the Air Force shall convene selection boards, 
to meet at times prescribed by him, to consider persons who are eli-
gible for appointment in the Regular Air Force under this title. 
Each board shall be composed of at least five officers of the Regular Air 
Force. A recommendation for appointment must be made by the 
majority of the total membership of the board. 
The President may 
remove from the list of persons recommended by the board the name 
of any person who, in his opinion, is not qualified for appointment. 
(d) Not more than a total of one hundred persons in any calendar 
year may be appointed and credited with years of service under sec-
tion 203 (a) (2) of this title from civilians, and Reserves of the Air 
Force who are not on active duty and who have qualifications not 
otherwise available from members of the Air Force on active duty. 
SEC. 202. No person may be appointed in a commissioned grade in 
the Regular Air Force under this title if on the date of appointment 
he has already passed his thirtieth birthday. 
However, the maximum 
age limitation is increased by the period of active commissioned service 
in the Armed Forces performed after the appointee became twenty-
one years of age and before his appointment. 
In addition, the Secre-
tary of the Air Force niay waive the maximum age limitation for any 
category in which, in his opinion, there is an inadequate number of offi-
cers with the required qualifications, but no person may be appointed 
under this Act if he is above the age which would permit him to com-
plete twenty years of active commissioned service before he attains his 
fifty-fifth birthday. 
SEC. 203. (a) For the purpose of determining grade, position on a 
promotion list, seniority in his grade in the Regular Air Force, 
eligibility for promotion, and mandatory retirement or elimination 
under the Officer Personnel Act of 1947 (10 IT. S. C. 506 and the 
following), a person appointed in a commissioned grade in the Regular 
Air Force under this title shall be credited at the time of his appoint-
ment with the active commissioned service in the Armed Forces that 
he performed after becoming twenty-one years of age and before his 
70 STAT.] 
PUBLIC LAW 737-JULY 20, 1956 
58S 
appointment. 
In addition and for the same purposes, under regula-
tions to be prescribed by the Secretary of the Air Force— 
(1) a person appointed under this title while on active duty in 
the Air Force may be credited with not more than two years of 
service; and 
(2) a person appointed under section 201 (d) of this title may 
be credited with not more than eight years of service. 
(b) A person appointed in the Regular Air Force under this title 
specialists, 
with a view to designation in one of the following categories shall be 
credited at the time of his appointment, in addition to the service with 
which he is credited under subsection (a), and for the purposes of 
determining grade, position on a promotion list, seniority in regular 
grade, and eligibility for promotion, with the following service: 
(1) Veterinarian: Three years. 
(2) Chaplain: Three years. 
(3) Judge advocate: Three years. 
(c) Under such regulations as the Secretary of the Air Force may 
prescribe, a person who is originally appointed in a commissioned 
grade in the Regular Air Force with a view to designation as a medical 
service officer, and who, at the time of appointment, holds a degree of 
doctor of philosophy or a comparable degree in a science allied to 
medicine, so recognized by the Secretary, may be credited at the time 
of his appointment, in addition to the service with which he is credited 
under subsection (a), and for the same purposes, with three years 
of service. 
(d) Notwithstanding any other provision of law, no person who gr^uatt*.*"^ "*'"' 
was a cadet at the United States Air Force Academy, the United 
States Military Academy, or the United States Naval Academy may 
be originally appointed in a commissioned grade in the Regular Air 
Force before the date on which his classmates at that Academy are 
graduated and appointed as officers. 
No person who was a cadet at, 
but did not graduate from, an x4.cademy may be credited, upon ap-
pointment as a commissioned officer of the Regular Air Force, with 
longer service than that credited to any member of his class at that 
Academy whose service in the Air Force, or in the Army and the Air 
Force, has been continuous since graduation. 
(e) Notwithstanding any other provision of law, a cadet at the ^^^^^"'^ 
grad-
United States Air Force Academy who completes the prescribed 
course of instruction may, upon graduation, be appointed a second 
lieutenant in the Regular Air Force. Whenever such an appointment 
or the appointment in the Regular Air Force, upon graduation, of a 
graduate of the United States Naval Academy or the United States 
Military Academy, results in there being a number of active list com-
missioned officers in the Regular Air Force in excess of the authorized 
strength in those officers, that strength is temporarily increased as 
necessary for that appointment. 
Rank among the graduates of each 
class at such an Academy who, upon graduation, are appointed in the 
Regular Air Force, shall be fixed under regulations prescribed by the 
Secretary of the Air Force. A graduate of the United States Air 
Force Academy, United States Military Academy or United States 
Naval Academy who is appointed as a second lieutenant in the Regu-
lar Air Force is not entitled to any service credit under this title. 
SEC. 204. Based on the service credited under this title, the commis-
sioned grade in which a person is appointed under this title is: 
(1) For persons with less than three years of service: Second 
lieutenant. 
(2) For persons with at least three, but less than seven, years 
of service: First lieutenant. 
(3) For persons with at least seven, but less than fourteen, 
years of service: Captain. 
Rank. 
586 
PUBLIC LAW 737-JULY 20, 1956 
[70 ST A T . 
P l a c e m e n t on 
list. 
Savings p r o v i -
sion. 
Normal p r o m o -
tion. 
Additional p r o -
m o t i o n - l i s t serv-
ice. 
61 Stat. 890. 
Specialists. 
10 u s e 50 I-50 6 e 
note. 
Mandatory c o n • 
sideration. 
61 Stat. 894. 
61 Stat. 89 ^ 
61 Stat. 896. 
61 Stat. 896. 
Regular list. 
Additional serv-
ice. 
(4) For persons with at least fourteen, but less than twenty-one, 
years of service: Major. 
(5) For persons with at least twenty-one years of service: 
Lieutenant colonel. 
The name of each person appointed under this title shall be placed 
on the applicable promotion list immediately below the junior officer 
of the same grade having the same or next longer service for pro-
motion purposes. 
SEC. 205. This title does not terminate the appointment of any 
officer of the Regular Air Force. 
SEC. 206. The promotion to a higher regular grade of any officer 
of the Regular Air Force, otherwise eligible for promotion, may not 
be withheld because of an appointment under this title. 
SEC. 207. (a) Notwithstanding any other provision of law each 
officer of the Regular Air Force on the date of enactment of this 
title who was appointed therein under the provisions of section 506 
(c) of the Officer Personnel Act of 1947 and whose active commis-
sioned service in the Armed Forces is greater than that credited to 
him under that section (10 U. S. C. 506c (c)) at the time of his appoint-
ment, plus his active commissioned service after that appointment, 
shall be credited, for the purposes set forth in section 203 (a) of this 
title, with the total amount of his active commissioned service in 
the Armed Forces performed after December 6, 1941, and after be-
coming twenty-one years of age, and which has not been previously 
credited to him. 
(b) The years service credited, for the purpose of determining grade, 
position on a promotion list, seniority in regular grade, and eligibility 
for promotion, to each officer of the Regular Air Force, who is desig-
nated as a judge advocate, veterinary officer, or chaplain, and who was 
appointed under the Act of December 28, 1945 (59 Stat. 663), may be 
increased, but not by more than three years, under regulations to be 
prescribed by the Secretary of the Air Force. 
(c) Each officer who, as a result of being credited with service under 
this section, becomes eligible for mandatory consideration for promo-
tion under section 509 of the Officer Personnel Act of 1947 (10 U, S. C. 
559c) shall be considered by a selection board convened for that pur-
pose in the manner provided in section 507 of the Officer Personnel 
Act of 1947 (10 U. S. C. 559a). If he is recommended for promotion 
by that board, he shall be placed on the applicable promotion list im-
mediately below the junior officer on that list having the same or next 
longer service for promotion purposes and shall be given a date of 
rank accordingly. 
If he is not recommended for promotion by that 
board, he is a deferred officer. 
However, such an officer may not, 
because of this failure of recommendation, have his years of service 
reduced under section 509 (g) of the Officer Personnel Act of 1947 
(10 U. S. C. 559c), and he shall be considered by the next regularly 
convened selection board considering officers of his grade and category. 
If he is recommended for promotion by that board, his years of service 
for promotion purposes shall be reduced so that he will be junior by at 
least one day to the junior officer who was considered and recommended 
for promotion by the selection board which failed to recommend him 
for promotion, and who has the same or next longer period of service. 
If he is not recommended by that selection board, he shall be treated 
as provided in the last sentence of section 509 (h) of the Officer Per-
sonnel Act of 1947 (10 U. S. C. 559c (h)). 
SEC. 208. (a) Notwithstanding any other provision of law, the 
years' service credited to an officer of the Regular Air Force on the 
date of enactment of this title for the purposes set forth in section 
203 (a) of this title, may be increased, but not by more than two years, 
70 S T A T . ] 
PUBLIC LAW 737-JULY 20, 1956 
587 
under regulations to be prescribed by the Secretary of the Air Force. 
(b) Each officer who, as a result of being credited with service under 
this section, becomes eligible for mandatory consideration for pro-
motion under section 509 of the Officer Personnel Act of 1947 (10 
U. S. C. 559c) shall be considered by the next regularly convened 
selection board considering officers of his grade and category. 
SEC. 209. An officer whose years' service is readjusted under section 
207 or 208 of this title may have his date of rank in permanent grade 
and his position on the applicable promotion list adjusted to reflect 
his increased years' service. 
SEO. 210. Section 202 (b) of the Army and Air Force Authorization 
Act of 1949 (10 U. S. C. 20s (b)) is amended by striking out the 
words "twenty-seven thousand five hundred" and inserting the figure 
"69,425" in lieu thereof. 
SEC. 211. This title does not apply to the appointment of persons ^^Nonappiicabii-
appointed with a view to designation as medical officers, dental officers, 
Air Force nurses, or Air Force medical specialists. 
TITLE I I I 
61 Stat. 894. 
A d j u s t m e n t of 
date or rank. 
Active l i s t , in-
crease. 
64 Stat. 323. 
MISCELLANEOUS PROVISIONS 
SEC. 301. The Secretary of Defense, with the approval of the Presi-
dent, shall project annually for the ensuing five years the active duty 
Kegular commissioned list strength in each of the armed services 
(exclusive of any additional extra numbers authorized by special 
provision of law). 
SEC. 302. Section 503 (a) of the Officer Personnel Act of 1947 (61 
Stat. 885; 10 U. S. C. 506a (a)) is amended to read as follows: 
"(a) (1) The authorized strength of the Kegular Army in gen-
eral officers on the active list, exclusive of the number authorized for 
the Army Medical Service and the chaplains, is seventy-five ten-
thousandths of the authorized strength of the Regular Army in com-
missioned officers on the active list, exclusive of the number of com-
missioned officers on the active list authorized for the Army Medical 
Service and the chaplains. 
Of this authorized strength, not more 
than one-half may be in a regular grade above brigadier general. 
The authorized strength of each of the following branches— 
(A) the Medical Corps; 
(B) the Dental Corps; 
(C) the Veterinary Corps; and 
(D) the Chaplains; 
in general officers on the active list of the Regular Army is five one-
thousandths of the authorized strength of the branch concerned in 
commissioned officers on the active list of the Regular Army. 
Not 
more than one-half of the authorized strength in general officers in 
such a branch may be in a regular grade above brigadier general. 
When the application of the percentages and ratios specified in this 
subsection results in a fraction, a fraction of one-half or more is 
counted as one, and a fraction of less than one-half is disregarded. 
General officers on the active list of the Regular Army who are spe-
cifically authorized by law to hold any civil office under the United 
States, or any instrumentality thereof, are not counted in determining 
authorized strength under this Act. 
"(2) The authorized strength of the Regular Air Force in general 
officers on the active list is seventy-five ten-thousandths of the author-
ized strength of the Regular Air Force in commissioned officers on the 
active list. Of this authorized strength, not more than one-half may 
be in a regular grade above brigadier general. However, the number 
of officers on the active list of the Regular Air Force in any regular 
R e g u l a r officer 
strength. 
Projection. 
A u t h o r i z e d 
strength. 
Army. 
Air Force. 
588 
PUBLIC LAW 738-JULY 20, 1956 
[70 S T A T . 
Report to co n-
g r e s s i o n a l com-
mittees* 
Repeals. 
34 u s e 17c. 
61 Stat. 890. 
grade above colonel on the last day of each fiscal year may not be more 
than the number of general officers authorized in title I I I of the 
Officer Grade Limitation Act of 1954 (68 Stat. 69; 10 U. S. C. 1843 
et seq.) for the total number of commissioned officers of the Air Force 
on active duty as of that date, as determined by the Secretary of the 
Air Force. When the application of the percentage above specified 
results in a fraction, a fraction of one-half or more is counted as one, 
and a fraction of less than one-half is disregarded. General officers on 
the active list of the Regular Air Force Avho are specially authorized 
by law to hold any civil office under the United States, or any instru-
mentality thereof, are not counted in determining authorized strength 
under this Act." 
SEC. 303. The names of officers appointed under the provisions of 
section 103 (a) (4) and section 201 (d), together with the grades to 
which appointed and the justification therefor, shall be submitted to 
the Committees on Armed Services of the House and Senate not later 
than July 15, 1958, and each year thereafter. 
SEC. 304. The following are repealed: 
(1) Section 5 of the Act of August 9, 1955 (69 Stat. 607). 
(2) Section 506 of the Officer Personnel Act of 1947 (10 U. S. C. 
506c). 
Approved July 20, 1956. 
is 
uly 20,1956 
R. 11402] 
Public Law 738 
CHAPTER 647 
AN ACT 
To extend the existing application of the Temporary Promotion Act of 1941, as 
amended, to the Coast Guard, and for other purposes. 
Coast Guard. 
Temporary p r o -
motions. 
62 Stat. 302. 
63 Stat. 497. 
C o m m l ssioned 
officers. 
Number, etc. 
23 Stat. 22. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled, That section 16 of 
the Act of July 23,1947 (ch. 301,61 Stat. 413), as amended, is amended 
by deleting the words 'Slanuary 1,1957'' and inserting in lieu thereof 
the words "January 1,1962". 
SEC. 2. Section 42 of title 14, United States Code, is amended by 
striking the words "two thousand two hundred and fifty'" in the 
first sentence of the section and inserting in lieu thereof the words 
"three thousand", and by amending the fifth sentence of the section 
to read as follows: "The Secretary shall, at least once each year, make 
such a computation, and the resulting numbers in the various grades 
as so computed shall be held and considered for all purposes as the 
authorized number in such various grades, except that the authorized 
number for a grade is temporarily increased during the period between 
one computation and the next by the number of officers originally 
appointed in that grade during that period and the number of officers 
of that grade for whom vacancies exist in the next higher grade but 
whose promotion has been delayed for any reason." 
SEC. 3. (a) Title 14, United States Code, is amended by inserting 
the following new section: 
"§ 439. Oath of Office. 
"A commissioned or warrant officer of the Coast Guard or Coast 
Guard Reserve who has served continuously since he subscribed to tlie 
oath of office prescribed in section 16 of title 5, is not required to take 
a new oath upon his promotion to a higher grade." 
(b) The analysis of chapter 11, title 14, United States Code, is 
amended by inserting the following item: 
'•439. Oath of Office". 
Approved July 20, 1966.