John B. H. Waring, Hearing ..., on H.R. 10785 ..., May 1-29, 1936

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Страница 9 - Except in cases where an officer may be retired by the President upon his own application, or by reason of his having served forty-five years, or of his being sixty-two years old, no officer shall be retired from active service, nor shall an officer, in any case, be wholly retired from the service, without a full and fair hearing before an Army retiring board, if, upon due summons, he demands it.
Страница 8 - Treasury, as the case may be, and shall be laid by him before the President for his approval or disapproval and orders in the case.
Страница 12 - When a retiring board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of service, and such decision is approved by the President, said officer shall be retired from active service and placed on the list of retired officers.
Страница 10 - The conclusion to be deduced from the authorities is that where power is given to public officers, in the language of the act before us, or in equivalent language — whenever the public interest or individual rights call for its exercise — -the language used, though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given, not for their benefit, but for his. It is placed with the depositary to meet the demands...
Страница 1 - That in the administration of any laws conferring rights, privileges, or benefits upon honorably discharged soldiers of the United States...
Страница 14 - June 30, 1916, 1 pay clerk was retired from the service, he having been found by an Army Retiring Board incapacitated for active service on account of disability incident thereto, leaving a total of 73 pay clerks in the service on June 30, 1916.
Страница 6 - That the President of the United States be, and he is hereby ? authorized to restore to John BH Waring, late a captain in the Medical Corps, the files of which he was deprived, and, by and with the advice and consent of the Senate, appoint him an officer of the Medical Corps in the Army of the United States as of May 5, 1917, with such rank as he would have attained had he not been discharged, and when so appointed he shall be placed on the retired list of the Army.
Страница 11 - As to the Army Regulations, this court has too repeatedly said that they have the force of law to make it proper to discuss that point anew.
Страница 10 - Mr. CHAIRMAN. I am not going to take up any more of your time.
Страница 12 - When the board finds that an officer is incapacitated for active service, and that his incapacity is not the result of any incident of service, and its decision is approved by the President, the officer shall be retired from active service, or wholly retired from the service, as the President may determine.

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