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provided that the necessary replacement shall not exceed approximately 400 annually. The use by the Congress of the term "from time to time" undoubtedly permits the Secretary of War to replace such obsolete or unserviceable aircraft at such times and in such numbers as he deems advisable provided he does not replace more than approximately 400 annually. It is therefore the opinion of this office that the only limitation as to the replacement of airplanes is that the planes to be replaced shall have been classified as obsolete or unserviceable and that such replacement shall not exceed approximately 400 annually, or during each yearly increment. Without suitable provision for the maintenance of the airplanes and their replacement from time to time as they become obsolete or unserviceable the program for the increase of serviceable airplanes by equal annual increments over a period of five years could not be properly carried out. In other words, the Act, in the opinion of this office, clearly provides for replenishing from time to time the wastage in planes and equipment and authorises the replacement incident to such wastage as may be found necessary throughout the five year program. It may be presumed that Congress intended that the Secretary of War should fully exercise the authority granted him by the Act and administer its provisions in a way best calculated to obtain the results intended, namely, to equip and maintain the air corps with 1800 serviceable airplanes, within a period of five years, and to thereafter maintain that number of serviceable airplanes. It was clearly the intent of Congress, however, that the necessary replacements would be made, as far as practicable, during each annual increment, not to exceed 400 annually. 


For The Judge Advocate General:

                                                  (Sgd)ALLEN W. GULLION,
                                                Lieutenant Colonel,J.A.G.D,
                                           
Chief, Military Affairs Section.
                          
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