so appointed is thereby fully vested with the office and entitled to its emoluments. 210.1, Sept. 17, 1918; 210.2, Sept. 21, 1918. Secs. 60. AGE LIMITS. 61. MORAL CHARACTER. ELIGIBILITY AGE LIMITS 60. A first lieutenant had not reached the maximum age limit for eligibility to appointment at the time when his nomination was prepared for submission to the Senate, but did reach the maximum age before his confirmation by the Senate. The appointment vested in him a right of office as soon as the appointing power duly designated him (subject to the consent of the Senate) as the person to fill the office. The due execution of his commission rendered his appointment complete and the commission evidencing it should be delivered. 210.1, Sept. 20, 1918. In the absence of express legislative authority, the executive is without power to waive or otherwise modify the age limits provided by statute for the appointment to commissioned office in the Army. 210.11, Mar. 13, 1928. MORAL CHARACTER 61. "X" was convicted of felony in a State court and sentenced to prison in 1914, pardoned unconditionally in 1916, commissioned as captain, Quartermaster Reserve Corps, in 1917. After investigation he was honorably discharged in 1918, presumably because of said conviction. He contends his pardon restores him to eligibility. R. S. 1118, prohibiting the muster or enlistment of felons does not apply to the appointment of officers. If it did apply, a pardon would not have the effect of affirmatively establishing eligibility. It is not a question of offense or pardon. The appointing power must be convinced of good moral character, and such a conviction might and probably would require closer examination into the character of the appointee; but a man once convicted of felony can not be conclusively presumed a felon forever. Such a harsh conclusion is contrary alike to human experience and every sense of natural justice. The officer has been discharged by the power that appointed him for reasons deemed sufficient to the appointing power. The discharge is good. The power that appoints and discharges may, however, in the exercise of the same discretion, reappoint. 342.1, Aug. 27, 1918. FROM CADETS MILITARY ACADEMY Secs. 62. IN GENERAL. 63. DISCHARGED FOR DISABILITY. 64. DISCHARGED FOR DEFICIENCY. 65. FOREIGN CADETS. IN GENERAL 62. A graduate of the United States Military Academy has no right, as such, to a commission in any particular arm or corps of the Army. 210.1, Oct. 17, A cadet, United States Military Academy, may not, upon graduation, avoid the completion of his obligation "to serve eight years unless sooner discharged (R. S. 1321) by declining to accept appointment, duly made, to the office of second lieutenant, his acceptance being unnecessary to invest him with the office. 210.451, Aug. 26, 1920. First classmen of the United States Military Academy found temporarily physically unfit for commissioned service may be graduated with their class and discharged without being commissioned. Such graduate cadets may be commissioned later, if they be found physically fit for military service within a reasonable time. 351.23, June 9, 1924. DISCHARGED FOR DISABILITY 63. A United States Military Academy cadet who, on July 1, 1922, entered the class of 1926, and was granted sick leave May 5, 1923, to August 28, 1923, on which latter date he was to enter the class of 1927, was discharged on September 18, 1923, as a member of the class of 1927, for physical disability, though he had no association with that class. On question whether, if selected for appointment to the Regular Army after examination, he could be appointed before the graduation of the class of 1927, Held, That R. S. 1325 is not applicable; that the case is not within the reason of paragraph 12, AR 605-5, designed to obviate discontent among former classmates and hence that he should be regarded as not ineligible for appointment ahead of class of 1927 by reason of cadet service. 210.11, May 18, 1926. DISCHARGED FOR DEFICIENCY 64. A former cadet, discharged for deficiency in mathematics, otherwise eligible for appointment as second lieutenant under section 24e, National Defense Act, as a member of the National Guard of New York, is not ineligible for commission in the Regular Army, under R. S. 1325, after members of his class have graduated and received their commissions. 210.11, July 22, 1921. FOREIGN CADETS 65. A foreign cadet, admitted to the Military Academy by act of Congress, is given a certificate on completion of the course, but is not regarded as a graduate. Under par. 7, AR 605-5, candidates for appointment as officers must be male citizens of the United States between 21 and 30, and either (1) graduates of the Military Academy; (2) enlisted men of the Regular Army; or (3) officers or enlisted men of the Reserve Corps or National Guard, or graduates of approved technical schools. 210.11, Sept. 1, 1922. FROM DISMISSED OFFICERS 66. An officer in the State military forces, temporarily called into Federal service, was thereafter tried and dismissed the service by court-martial, which sentence was confirmed by the President. Upon graduation from an officers' training school, he was subsequently recommissioned. R. S. 1228, prohibiting officers of the Army dismissed from the service by the sentence of a general court-martial, from being restored to the military service, except by a reappointment confirmed by the Senate, applies only to the Regular Army organization, and has no application to the instant case. A former officer so This dismissed is not ineligible for appointment in the military service. appointment, not being above the rank of colonel, need not be confirmed by the Senate. 210.11, July 19, 1919. On request for restoration to the service and retirement of an officer dismissed from the service by duly executed sentence of court-martial, Held, That in view of R. S. 1228, an officer so dismissed may not be restored to the military service except by reappointment confirmed by the Senate. 210.84, Dec. 16, 1929. Secs. FROM ENLISTED MEN AND WARRANT OFFICERS 67. SERVICE COUNTED. 68. STATUS CHANGED. 69. TIME OF EXAMINATION. SERVICE COUNTED 67. A former officer of the Philippine Scouts, 29 years of age, inquired whether he would be eligible, upon enlisting in the Regular Army, to take the examination for a commission under that portion of section 24, National Defense Act, which provides that: Enlisted men of the Regular Army who have completed one year's service with an organization may become candidates for vacancies in the grade of second lieutenant created or caused by the increases due to the operation of this act. Held, That the service as an officer of the Philippine Scouts would confer eligibility within the meaning of the statute quoted, upon the reenlistment of the man. 6-250, Oct. 10, 1916. See section 24e, National Defense Act, as amended by act of June 4, 1920, in pari materia, with statute cited. 1. Enlisted candidate for commission passed examination successfully and asked that his service at United States Military Academy be credited as part of his military service. His record was as follows: Admitted as cadet, discharged for deficiency in one study; reappointed upon recommendation of academic board and readmitted as cadet; found deficient in another study, turned back to next class, and given leave of absence without pay or allowances; before expiration of leave, resigned and resignation accepted. 2. Act of July 30, 1892 (27 Stat. 336), authorized enlisted men to compete for commissions as second lieutenant, who have served honorably not less than two years. Circular No. 7, A. G. O., March 20, 1900, published decision of the Secretary of War that, under the above statute, "any kind of honorable service in the Army" or as "cadet at the United States Military Academy" would be included. Circular No. 11, A. G. O., 1901, published another decision of the Secretary that a cadet reported deficient in conduct or studies, and recommended to be discharged, who subsequently became a successful enlisted candidate for a commission would not be given an appointment as second lieutenant in advance of the date of graduation of the class to which he belonged, in contravention of R. S. 1325. 3. Revised Statutes, 1325, provided, in substance, that no cadet who is reported as deficient in either conduct or studies and recommended to be discharged from the academy shall be appointed to any place in the Army before his class shall have left the academy and received their commissions. 4. In conformity to the spirit, but not the letter, of the above statutes and decisions, Held: That an enlisted man who competed successfully in examina tion for commission, and claimed credit for Army service as a cadet, whose service at the Military Academy was terminated by resignation instead of dismissal should not be commissioned in advance of his class. 210.11, Aug. 29, 1922. Service during the World War in the United States Marine Corps while detached from service with the Army may be counted in determining the two years' service required by section 24e, National Defense Act (41 Stat. 774), to establish the eligibility of warrant officers and enlisted men for appointment as second lieutenants in the Regular Army. 210.11, Jan. 3, 1928. On the question whether service as a reserve officer on active duty may be counted in determining the two years' service required by section 24e, National Defense Act (41 Stat. 774), to establish the eligibility of an enlisted man for appointment as second lieutenant in the Regular Army, Held, That as the Officers' Reserve Corps is a part of the Army of the United States (sec. 1, National Defense Act, 41 Stat. 759) and reserve officers are commissioned in the Army of the United States (sec. 38, added to the National Defense Act by sec. 3, act of June 6, 1924, 43 Stat. 470), it follows that a reserve officer on active duty is in active service in the Army of the United States, and such service may be counted in computing the two years' service required by law to render him eligible, as an enlisted man, for a commission in the Regular Army. 210.11, Apr. 14, 1928. STATUS CHANGED 68. An enlisted man was granted permission by The Adjutant General to be examined for the office of provisional second lieutenant in the Regular Army. Before the date of the examination he accepted a commission as temporary second lieutenant. He subsequently took and passed the examination. Held, That the qualifications required of candidates for the office of provisional second lieutenant are qualifications for entrance into competition; consequently, the fact that an enlisted man ceased to be such after having been designated to take the examination, does not affect his eligibility therefor. 210.1, Mar. 1, 1918. TIME OF EXAMINATION 69. The condition precedent in section 24e, National Defense Act, as to enlisted service for warrant officers and enlisted men appointed second lieutenants is that they shall have had at least two years of such service at time of appointment-not at time of examination, date of rank, or date of final meeting of selecting board. Hence a man enlisted September 2, 1924, examined June 21-26, 1926, may be appointed after September 1, 1926, with rank from June 13, 1926. (Par. 8, AR 605-5.) 210.11, Sept. 10, 1926. FROM FORMER OR RETIRED OFFICERS 70. In view of the fact that the authority to carry officers as additional numbers, contained in section 24e and par. 2, section 127a, National Defense Act, has been withdrawn by the acts of June 30, 1922 (42 Stat. 721), and September 14, 1922 (42 Stat. 840), fixing absolute limits, and since all vacancies are required to be filled by promotion under section 24c, National Defense Act, it is Held, That the authority to reappoint former or retired officers contained in section 24e, National Defense Act, has been repealed. 210.104, Dec. 20, 1922. As to place on promotion list of former officers reappointed to the Army by special act, see 499, post. FROM GRADUATES OF EDUCATIONAL INSTITUTIONS 71. With reference to the requirement of the act of March 3, 1911 (36 Stat. 1054), prescribing that appointees to the Dental Corps must be "graduates of a standard dental college," and the opinion of The Judge Advocate General of September 25, 1916, that certain institutions which were disqualified to confer degrees by reason of noncompliance with the laws of the State as to filing evidence as to their equipment, faculty, and other facilities for instruction, should not be recognized as standard colleges, additional facts were submitted showing that the particular college, since the prior decision, had complied with the requirements of the State law on the subject and been recognized by the proper State authorities as an institution having a standard course and as qualified to confer degrees in dental surgery, it further appearing that the college is one of the oldest dental schools in the world; that the failure to comply with the requirements of the State law was due to inadvertence; and that the equipment of the college respecting property, faculty, and other facilities for instruction, during the period preceding its recent qualification under the State law was substantially identical with its existing equipment in these respects. Held, That if the department is satisfied that these representations respecting the equipment of the institution during the period preceding its recent recognition by the State authorities are correct, the graduates of that institution who were graduated during such period may be recognized as graduates of a standard dental college within the meaning of the act of March 3, 1911. 6-227.3, May 24, 1917. See section 24e, National Defense Act, as amended by act of June 4, 1920, in pari materia with statute cited, in which the language is "recognized dental college." POSTHUMOUS 72. On the question whether under public resolution of March 3, 1925 (43 Stat. 1255), providing for posthumous appointment to commissioned grades in certain circumstances, a commission may be issued to a civilian employee of the United States who was recommended to be commissioned as a first lieutenant in a letter from the director, Chemical Warfare Service, dated September 12, 1918, which letter was received by The Adjutant General, October 14, 1918, the recommendation approved by the Secretary of War, October 18, 1918, and the appointment announced in special orders of same date, the employee having in the meantime died on October 12, 1918, Held, That the words, "while in the military service of the United States" in the body of the resolution cited, taken in conjunction with the fact that its purpose as set forth in the title was to provide such appointments for certain enlisted men and commissioned officers only, preclude construction of its terms as applicable to civilian employees. Held further, That the instant case does not in any event meet the conditions prescribed, for the reason that the recommendation was not approved by the Secretary of War until after the death of deceased, so that there was no period following such approval and prior to death during which he could now be carried on the records of the War Department "as of the grade and branch of the service to which he would have been promoted." 210.1, Oct. 28, 1926. REVOCATION OR WITHDRAWAL 73. Where one is appointed and sworn in as a commissioned officer, he enters that status, and can be discharged only in the regular way, notwithstanding |