2450. Composition of the Officers' Reserve Corps. For the purpose of providing a reserve of officers available for military service when needed, there shall be organized an Officers' Reserve Corps consisting of general officers, of sections corresponding to the various branches of the Regular Army, and of such additional sections as the President may direct. The grades in each section and the number in each grade shall be as the President may prescribe. Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 775). * * 2451. Appointment of reserve officers.-* Reserve officers shall be appointed and commissioned by the President alone, except general officers, who shall be appointed by and with the advice and consent of the Senate. * * Nothing in this Act shall operate to deprive a reserve officer of the reserve commission he now holds. Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 775-776). 2452. Citizenship and age of reserve officers.-* In time of peace, a reserve officer must, at the time of his appointment, be a citizen of the United States or of the Philippine Islands, between the ages of twenty-one and sixty years. Sec. 37, act of June 3, 1916 (39 Stat. 190), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776). * * ** * * 2453. Age for discharge of reserve officers raised during the World War.* During the existing emergency no member of the Officers' Reserve Corps shall be discharged by reason of reaching the age limits provided in section thirty-seven of the national defense Act approved June third, nineteen hundred and sixteen. Act of Oct. 6, 1917 (40 Stat. 393). 2454. Concurrent commission in National Guard.* Any reserve officer may hold a commission in the National Guard without thereby vacating his reserve commission. Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by ssc. 32, act of June 4, 1920 (41 Stat. 776). 2455. Selection of reserve officers from graduates of the Reserve Officers' Training Corps.-The President alone, under such regulations as he may prescribe, is hereby authorized to appoint as a reserve officer of the Army of the United States any graduate of the senior division of the Reserve Officers' Training Corps who shall have satisfactorily completed the further training provided for in section 47a of this Act, or any graduate of the junior division who shall have satisfactorily completed the courses of military training prescribed for the senior division and the further training provided for in section 47a of this Act, and shall have participated in such practical instruction subsequent to graduation as the Secretary of War shall prescribe, who shall have arrived at the age of twenty-one years and who shall agree, under oath in writing, to serve the United States in the capacity of a reserve officer of the Army of the United States during a period of at least five years from the date of his appointment as such reserve officer, unless sooner discharged by proper authority: * * Sec. 47b, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 778). The above topic was treated by sec. 49, act of June 3, 1916 (39 Stat. 193), which has been stricken out by sec. 34, act of June 4, 1920, above cited. 2456. Selection of reserve officers from former commissioned officers.* Any person who has been an officer of the Army at any time between April 6, 1917, and June 30, 1919, or an officer of the Regular Army at any time, may be appointed as a reserve officer in the highest grade which he held In the Army or any lower grade; any person now serving as an officer of the National Guard may be appointed as a reserve officer in his present or any lower grade; no other person shall in time of peace be originally appointed as a reserve officer of Infantry, Cavalry, Field Artillery, Coast Artillery, or Air Service in a grade above that of second lieutenant. In time of peace appointments in the Infantry, Cavalry, Field Artillery, Coast Artillery, and Air Service shall be limited to former officers of the Army, graduates of the Reserve Officers' Training Corps, as provided in section 47b hereof, warrant officers and enlisted men of the Regular Army, National Guard and Enlisted Reserve Corps, and persons who served in the Army at some time between April 6, 1917, and November 11, 1918. Sec. 37, act of June 3, 1916 (39 Stat. 189-190), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776). ** * Provided, further, That any former officer of the Regular Army, the Volunteer Army, the Organized Militia, or the National Guard, under the age of sixty-four years and who has resigned or been honorably discharged from the service after a total commissioned service of not less than three years in in either the Regular Army, the Volunteer Army, the Organized Militia, or the National Guard, may, upon such examination and within such age limits as may be prescribed by the President, be appointed and commissioned, in the discretion of the President, in any appropriate arm, staff corps, department or section of the Officers' Reserve Corps, with rank not more than one grade higher than any previously held by the officer in either of said forces, but in no case above that of lieutenant colonel, Act of May 12, 1917 (40 Stat. 73). The repetition of the word "in," in the fourth line of the above statute, was a typographical erior. 2457. Reserve officers selected from citizens qualified for duty in the staff corps.-That during the existing emergency the President is authorized, in addition to the grades now authorized, to appoint in the Officers' Reserve Corps and the National Army in the grades of second and first lieutenant in the Quartermaster Corps; second lieutenant in the Ordnance Corps and Signal Corps; second lieutenant, first lieutenant, and captain in The Adjutant General's Department, such citizens as shall be found physically, mentally, and morally qualified for appointment. * Act of Oct. 6, 1917 (40 Stat. 393). 2458. Contract surgeons eligible as reserve officers.-- * *Provided, That contract surgeons now in the military service who receive the favorable recommendation of the Surgeon-General of the Army shall be eligible for appointment in said reserve corps without further examination: of Apr. 23, 1908 (35 Stat. 68). * ** Sec. 7, act 2459. Period of service in the Officers' Reserve Corps.* Appointment in every case shall be for a period of five years, but an appointment in force at the outbreak of war, or made in time of war, shall continue in force until six months after its termination. Any reserve officer may be discharged at any time in the discretion of the President. A reserve officer appointed during the existence of a state of war shall be entitled to discharge within six months after its termination if he makes application therefor. * * Sec. 37, act of June 3, 1916 (39 Stat. 190), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776). 2460. Vacant. 2461. Rank of reserve officers formerly of the emergency army of the World War. That officers of the emergency Army appointed to the Officers' Reserve Corps may be appointed therein to the grade held by them in the emergency Army or next higher grade, as the Secretary of War may direct. Act of July 11, 1919 (41 Stat. 129), making appropriations for the support of the Army. But see 2456, ante. 2462. Rank of medical reserve officers.-That the commissioned officers of the Medical Reserve Corps of the Regular Army, none of whom shall have rank above that of colonel, shall be proportionately distributed in the several grades as now provided by law for the Medical Corps of the Regular Army: Provided, That nothing in this Act shall be held or construed so as to discharge any officer of the Regular Army or deprive him of a commission which he now holds therein. Act of July 9, 1918 (40 Stat. 866). 2463. Promotions and transfers.- * Promotions and transfers shall be made under such rules as may be prescribed by the President, and shall be based so far as practicable upon recommendations made in the established chain of command, but no reserve officer shall be promoted to any grade in time of peace until he has held a commission for at least one year in the next lower grade. * Sec. 37, act of June 3, 1916 (39 Stat. 190), as amended * by sec. 32, act of June 4, 1920 (41 Stat. 776). 2464. Assignment to units. 串串 So far as practicable, reserve officers shall be assigned to units in the locality of their places of residence. * Sec. 37, act of June 3, 1916 (39 Stat. 190), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776). 2465. Reserve officers assigned to active duty.-To the extent provided for from time to time by appropriations for this specific purpose, the President may order reserve officers to active duty at any time and for any period; but except in time of a national emergency expressly declared by Congress, no reserve officer shall be employed on active duty for more than fifteen days in any calendar year without his own consent. * * * Sec. 37a, added to the act of June 3, 1916, by sec. 32, act of June 4, 1920 (41 Stat. 776). Sec. 39, act of June 3, 1916 (39 Stat. 190), provided for the call to active duty in time of war; but it was stricken out by sec. 32, act of June 4, 1920, cited above. 2466. Voluntary service by reserve officers.-Provided further, That section three of the Act approved February twenty-seventh, nineteen hundred and six, entitled, "An Act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and six, and for prior years and for other purposes," shall not be construed to prohibit the Secretary of War from accepting the gratuitous. services of members of the Officers' Reserve Corps of the Army in the furtherance of the enrollment, organization, and training of the Officers Reserve Corps, the Reserve Officers' Training Corps, or the Enlisted Reserve Corps of the Army or in consultation upon matters relating to the military service. Act of May 12, 1917 (40 Stat. 72), making appropriations for the support of the Army: Reserve corps. 2467. Pay and allowances on active duty.A reserve officer shall not be entitled to pay and allowances except when on active duty. When on active duty he shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service, and mileage from his home to his first station and from his last station to his home, but shall not be entitled to retirement or retired pay. Sec. 37a, added to the act of June 3, 1916, by sec. 32, act of June 4, 1929 (41 Stat. 776). 2468. Leave of absence for Federal employees who are reserve officers.Provided further, That all officers and employees of the United States or of the District of Columbia who shall be members of the Officers' Reserve Corps shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be ordered to duty with troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one calendar year. Act of May 12, 1917 (40 Stat. 72), making appropriations for the support of the Army: Reserve Corps. 2469. Federal employees restored to civil position after service as reserve officers.-Provided further, That members of the Officers' Reserve Corps who are in the employ of the United States Government or of the District of Columbia and who are ordered to duty by proper authority shall, when relieved from duty, be restored to the positions held by them when ordered to duty. Act of May 12, 1917 (40 Stat. 72). Provided, 2470. Retirement and pension rights of reserve officers.That no reserve officer appointed pursuant to this Act shall be entitled to retirement, or to retired pay, and shall be eligible for pension only for disability incurred in line of duty in active service or while serving wth the Army pursuant to provisions of this Act. Sec. 476, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 778). The above topic was treated by scc. 53, act of June 3, 1916 (39 Stat. 190), which was stricken out by sec. 34, act of June 4, 1920, above cited. 2471. Retirement of medical reserve officers.-That any officer of the Medical Reserve Corps who shall have reached the age of seventy years, and whose total active service in the Army of the United States, Regular or Volunteer, as such officer, and as contract or acting assistant surgeon, and as an enlisted man, shall equal forty years, may thereupon, in the discretion of the President, be placed upon the retired list of the Army with the rank, pay, and allowances of a first lieutenant. Act of June 22, 1910 (36 Stat. 580), as amended by act of Mar. 4, 1911 (36 Stat. 1348). This act, as originally enacted, contained, after the words "enlisted man," the words "in the war of the rebellion." They were stricken out by amendment, as cited above. 2472. Period of service in the Enlisted Reserve Corps. * The period of enlistment shall be three years, except in the case of persons who served in the Army, Navy, or Marine Corps at some time between April 6, 1917, and November 11, 1918, who may be enlisted for one year periods and who, in time of peace, shall be entitled to discharge within ninety days if they make application therefor. Sec. 55, act of June 3, 1916 (39 Stat. 195), as amended by sec. 35, act of June 4, 1920 (41 Stat. 780). * * * * 2473. Qualifications for enlistment in the Enlisted Reserve Corps.-The Enlisted Reserve Corps shall consist of persons voluntarily enlisted therein. Enlistments shall be limited to persons eligible for enlistment in the Regular Army who have had such military or technical training as may be prescribed by regulations of the Secretary of War. All enlistments in force at the outbreak of the war, or entered into during its continuation, whether in the Regular Army or the Enlisted Reserve Corps, shall continue in force until six months after its termination unless sooner terminated by the President. Sec. 55, act of June 3, 1916 (39 Stat. 195), as amended by sec. 35, act of June 4, 1920 (41 Stat. 780). 2474. Enlistment of dental students in the Enlisted Reserve Corps.-All regulations concerning the enlistment of medical students in the Enlisted Reserve Corps and their continuance in their college course while subject to call to active service, shall apply similarly to dental students. Act of Oct. 6, 1917 (40 Stat. 397). 2475. Organization of the Enlisted Reserve Corps.-The President may form any or all members of the Enlisted Reserve Corps into tactical organizations similar to those of the Regular Army, similarly armed, uniformed, and equipped, and composed so far as practicable of men residing in the same locality, may officer them by the assignment of reserve officers or officers of the Regular Army, active or retired, and may detail such personnel of the Army as may be necessary for the administration of such organizations and the care of Government property issued to them. Sec. 55a, added to the act of June 3, 1916, by sec. 35, act of June 4, 1920 (41 Stat. 780). 2476. Active service by the Enlisted Reserve Corps.-Members of the Enlisted Reserve Corps may be placed on active duty, as individuals or organizations, in the discretion of the President, but except in time of a national emergency expressly declared by Congress no reservist shall be ordered to active duty in excess of the number permissible under appropriations made for this specific purpose, nor for a longer period than fifteen days in any one calendar year without his own consent. While on active duty they shall receive the same pay and allowances as other enlisted men of like grades and length of service. Sec. 55b, added to the act of June 3, 1916, by sec. 35, act of June 4, 1920 (41 Stat. 780). 2477-2501. Vacant.-[These sections related to the Volunteer Army, provision for which is no longer made by law.] |