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(G-4/27371) (AG 452.1(10-4-29)

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Military Affairs
J.A.G. 452.1

2nd Ind.

War Department, J. A. G. O., Oct. 26, 1929 - To the Adjutant General.

1.  By 1st Ind. (A.G. 452.1, 10-4-29, Misc. D), A.C.O., October 12, 1929, there is referred to this office a letter from the Chief of the Air Corps, dated October 4, 1929, to The Adjutant General, containing a request for an interpretation of the provisions of section 8 of the Act of July 2, 1926, amending the Act of June 3, 1916, as amended, pertaining to procurement, maintenance, and method of increase of equipment for the Air Corps over a five year period beginning July 1, 1926.  An opinion is requested on the following questions:

"a.  Does the term 'serviceable airplanes' mean airplanes which are in all respects safe to fly and fitted to take part in active military operations in time of war?
"b.  Should airplanes undergoing overhaul and repair at Air Corps Depots be considered 'serviceable airplanes'?
"c.  In building up to the 1800 'serviceable airplanes' authorized to equip and maintain the Air Corps, shall those airplanes authorized during each increment as provided under 'Method of Increase' be in actual possession of the Air Corps during that increment?
"d.  Can money appropriated for the purchase of airplanes, or can airplanes under order or airplanes undelivered, be considered 'serviceable airplanes' within the meaning of the Act if such airplanes in question are not placed in possession of the Air Corps during the fiscal year in which they are to provide the 'serviceable airplanes' to equip and maintain the Air Corps?
"e.  Can the 'obsolete' or 'unserviceable aircraft' authorized to be replaced from time to time by the Secretary of War, as distinguished from airplanes 'waiting salvage', be considered 'serviceable airplanes' within the meaning of the Act?
"f.  Are the approximately 400 airplanes authorized to replace 'obsolete' or 'unserviceable' aircraft from time to time available for the maintenance of the airplanes on hand during each yearly increment, or does this become operative only after the program of 1800 'serviceable airplanes' has been reached?"

2.  The provisions of section 8 of the Act of July 2, 1926 (44 Stat. 784) under the headings, Equipment and Method of Increase, read as follows: