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represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the Stars and Stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard or ensign of the United States of America. Id.

CHAPTER XL.

RESERVE CORPS.

Par.

Officers' Reserve Corps---- 1532-1552 Composition and object of_----- 1532 President alone authorized to appoint and commission officers in to all grades up to and including major----Same-Proportion of officers in any section not to exceed proportion of same grade in Regular Army--

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Persons registered as qualified under Act of January 21, 1903, to be eligible for appointment in for three years---Same-Persons qualified for grade of lieutenant colonel or colonel to be appointed as such, but when they become separated from the corps the grades to cease and determine Age limit for appointment in and discharge of officers after having passed such limit_--_ 1537 Same-Not to apply to appoint

ment or reappointment of officers in certain staff departments Medical Reserve Corps to cease to exist one year after passage of Act; officers of may be appointed to Officers' Reserve Corps--

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Certain officers of the medical section, Officers' Reserve Corps, may be assigned to active duty in time of peace; pay of____. Commissions to be in force for

are ordered to active service. 1551 Relative rank and right to re

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a period of five years.

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of institutions giving military training to Officers' Reserve Corps and as temporary additional second lieutenants; age limit, citizenship, etc‒‒‒‒‒---- 1569 Appointment by President alone of reserve officers as temporary second lieutenants of Regular Army in time of peace for instruction__‒‒‒‒‒ Reserve officers and temporary second lieutenants not entitled to retirement or retired pay; pensionable status______ 1571 In time of war reserve officers may be assigned to active duty in any grades, not below second lieutenant, and are subject to rules and articles of war. Adjutant General to keep revised list of civilians who have had military training qualifying them for appointment as commissioned officers Camps of instruction for training civilians, equipment, etc., of____ Same-Secretary of War to prescribe course of instructions at, and detail Regular officers and enlisted men for duty in connection with ----Appropriation for maintenance of camps on military reservations, etc., for training

civilians__

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1532. Composition and object of.-For the purpose of securing a reserve of officers available for service as temporary officers in the Regular Army, as provided for in this Act and in section eight of the Act approved April twenty-fifth, nineteen hundred and fourteen,' as officers of the Quartermaster Corps and other staff corps and departments, as officers for recruit rendezvous and depots, and as officers of volunteers, there shall be organized, under such rules and

1 See par. 1389, ante, or 38 Stat. 349.

regulations as the President may prescribe not inconsistent with the provisions of this Act, an Officers' Reserve Corps of the Regular Army. Said corps shall consist of sections corresponding to the various arms, staff corps, and departments of the Regular Army.' Except as otherwise herein provided, a member of the Officers' Reserve Corps shall not be subject to call for service in time of peace, and whenever called upon for service shall not, without his consent, be so called in a lower grade than that held by him in said reserve corps. Sec. 37, Act of June 3, 1916 (39 Stat. 189).

1533. President alone authorized to appoint and commission officers in all grades up to and including major.-The President alone shall be authorized to appoint and commission as reserve officers in the various sections of the Officers' Reserve Corps, in all grades up to and including that of major, such citizens as, upon examination prescribed by the President, shall be found physically, mentally, and morally qualified to hold such commissions. Id.

1534. Same-Proportion of officers in any section not to exceed proportion of same grade in Regular Army.—The proportion of officers in any section of the Officers' Reserve Corps shall not exceed the proportion for the same grade in the corresponding arm, corps, or department of the Regular Army, except that the number commissioned

'Held, that there are no organizational grades in the Veterinary Corps nor in the Dental Corps and that, therefore, veterinarians can be appointed in the Officers' Reserve Corps only as assistant veterinarians with the rank of second lieutenant, and dental surgeons may be appointed therein only as first lieutenant, and that in neither case can the officer attain a higher rank except through active service for the time prescribed for the attainment of higher rank.

Held further, that as to the Medical Department, the three corps, Medical, Dental, and Veterinary, are to be regarded as separate and distinct corps, for the purpose of determining the proportionate number of officers to be commissioned in the Officers' Reserve Corps; and that the proportion of the grades in the Medical Section proper of the Officers' Reserve Corps should be determined by the proportion which the number in the corresponding grades in the Medical Corps of the Regular Army bear to the total number of officers in the Medical Corps of the Regular Army, the grades of captain and first lieutenant in the Medical Corps of the Regular Army being considered one grade, that of first lieutenant, in making the computation; and that the appointments to the dental and veterinary sections of the Officers' Reserve Corps, being only to the lowest in each, will be unlimited in that grade.

Held further, that for purposes of appointment in the Officers' Reserve Corps the lowest authorized grade in the Quartermaster Corps is that of captain, to which grade in the Officers' Reserve Corps appointments may be unlimited.

Held further, that the Signal Corps proper and the Aviation Section each constitutes a corps which should form the basis of an organization in the Officers' Reserve Corps, the lowest grade in the Signal Corps being that of first lieutenant. As to the Aviation Section, held, that the grade of aviator, provided for in sec. 13 of the national-defense act, was created as a means of meeting contingencies and supplying casual deficiencies, and should be regarded as temporary and not as a permanent grade or integral part of the Aviation Section, such as should be made a basis for appointments in the Officers' Reserve Corps, but the lowest grade of the Aviation Section in which an unlimited number of officers may be appointed is that of first lieutenant. (War Dept. Bull. 34, Sept. 12, 1916.)

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