65. Quartermaster Corps; composition.

*

*

On and after July 1, 1939 * officers, shall be assigned to the several branches as follows: master Corps, one thousand and sixteen;

commissioned officers, other than general

(53 Stat. 558); 10 U. S. C. 481b.

* *

Quarter

Sec. 8, act of Apr. 3, 1939

The above provision is added as a new paragraph of this section. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men during the fiscal year 1941, see 134, post.

66. The Quartermaster General; duties.

By 946a, post, the Secretary of War may allocate to the Corps of Engineers the construction work incidental to the national defense program.

68. Finance Department; composition.

On and after July 1, 1939

commissioned officers, other than general Finance

officers, shall be assigned to the several branches as follows: Department, one hundred and seventy-six;

(53 Stat. 558); 10 U. S. C. 4816.

*

Sec. 8, act of Apr. 3, 1939

The above provision is added as a new paragraph of this section. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men during the fiscal year 1941, see 134, post.

70. Chief of Finance; duties.

By 2225-10 (d), post, the Chief of Finance is designated to act as fiscal agent of the Director of Selective Service in carrying out the provisions of the Conscription Act.

71. Medical Department; composition.

*

That section 10 of the National Defense Act, as amended by the Act of June 4, 1920 (41 Stat. 766), be, and the same is hereby, amended so as to provide that hereafter the authorized maximum number of enlisted men of the Medical Department of the Regular Army shall be in each fiscal year such number as shall equal 7 per centum of the average annual pay strength of the active list of the Regular Army and the average strength of all other military personnel on extended active duty with the Regular Army during such fiscal year: Provided, That in event of actual or threatened hostilities involving the United States the President may, within the limit of the total authorized strength of the Regular Army, authorize additional enlistments in the Medical Department to such number as he may deem necessary. Act of May 14, 1940 (54 Stat. 214); 10 U. S. C. 81.

The above provision is added as a new paragraph of this section.

For removal of limitations on number of enlisted men during the fiscal year 1941, see 134, post.

The procurement of a design for the new Army Medical Library and Museum was authorized and appropriated for by military appropriation act of June 13, 1940 (54 Stat. 363), and second deficiency appropriation act of June 27, 1940 (54 Stat. 656).

74. Medical Corps; composition.-On and after July 1, 1939, * Commissioned officers, other than general officers, shall be assigned to the several branches as follows: * * * Medical Corps, one thousand four hundred and twenty-four; Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

This section based on section 10, National Defense Act, as amended; 10 U. S. C. 91, was superseded by the above provision. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers during the fiscal year 1941, see 134, post.

75. Dental Corps; composition.-On and after July 1, 1939, * * * Commissioned officers, other than general officers, shall be assigned to the several

branches as follows:

* * * Dental Corps, three hundred and sixteen;

Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

This section, based on section 10, National Defense Act, as amended; 10 U. S. C. 121, and act of April 13, 1938 (52 Stat. 216); 10 U. S. C. 121, was superseded by the above provision. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers during the fiscal year 1941, see 134, post.

Com

76. Veterinary Corps; composition.-On and after July 1, 1939, missioned officers, other than general officers, shall be assigned to the several branches as follows: * Veterinary Corps, one hundred and twenty-six ; Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

*

*

This section, based on act of June 30, 1922 (42 Stat. 721); 10 U. S. C. 142, 482, was superseded by the above provision. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers during the fiscal year 1941, see 134, post.

*

77. Medical Administrative Corps; composition.-On and after July 1, 1939, * Commissioned officers, other than general officers, shall be assigned to the several branches as follows: * * * Medical Administrative Corps, sixteen; * * * Provided further, That nothing herein contained shall require the separation from the service of any officer now commissioned in the Medical Administrative Corps. * * * Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

This section, based on act of June 30, 1922 (42 Stat. 721); 10 U. S. C. 152, 482, was superseded by the above provision. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers during the fiscal year 1941, see 134, post.

78. Army Nurse Corps; composition.

The appropriation in the third supplemental national defense appropriation act of October 8, 1940 (54 Stat. 966), is not subject to the limitation on the number of assistant superintendents, Army Nurse Corps, contained in the original text of this section.

81. Ordnance Department; composition.

*

Commissioned officers, other than general

Ordnance Sec. 8, act of Apr. 3, 1939

On and after July 1, 1939, * * * officers, shall be assigned to the several branches as follows: Department, four hundred and seventeen; (53 Stat. 558); 10 U. S. C. 481b.

*

The above provision is added as a new paragraph of this section. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men during the fiscal year 1941, see 134, post.

83. Chemical Warfare Service; composition.

* * *

*

Commissioned officers, other than general Chemical * Sec. 8, act of Apr. 3,

On and after July 1, 1939 officers, shall be assigned to the several branches as follows: Warfare Service, one hundred and twenty-four; 1939 (53 Stat. 558); 10 U. S. C. 481b.

*

The above provision is added as a new paragraph of this section. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men during the fiscal year 1941, see 134, post. 87. Bureau of Insular Affairs; composition.

The functions of the Bureau of Insular Affairs were transferred to the Interior Department by section 4(d), Reorganization Plan No. 2, post, 888c.

285291-41--SUPP. I-2

92. Chaplains; number.-On and after July 1, 1939

* Commissioned

officers, other than general officers, shall be assigned to the several branches as follows: * * Corps of Chaplains, one hundred and fifty-two;

*

Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

This section, based on act of June 30, 1922 (42 Stat. 721), 10 U. S. C. 233, 482, was superseded by the above provision. For increase or decrease by not more than 30 per centum, and removal of limitation on number for fiscal year 1941, see 134, post.

108. Philippine Scout officers; concurrent commissions in drafted forces.

This section, based on act of March 30, 1918 (40 Stat. 500); 10 U. S. C. 322, 325, was expressly repealed by the act of July 14, 1939 (53 Stat. 1001).

110. Regular Army Reserve.

The third supplemental national defense appropriation act of October 8, 1940 (54 Stat. 966), provides for transportation of dependents and transportation of effects of enlisted men of the Regular Army Reserve when ordered to active duty and upon relief therefrom.

ARMY PERSONNEL

Medical Department, examination waived, Witnesses before committees of Congress,

119. Appointment of general officers.

That hereafter brigadier generals of the line shall be appointed from among officers of the line commissioned in grades not below that of lieutenant colonel who are credited with twenty-eight years' continuous commissioned service in the Regular Army as hereinbefore provided and whose names are borne on an eligible list prepared annually by a board of not less than five general officers of the line, not below the grade of major general; * Sec. 4, act of June 13, 1940

(54 Stat. 381); 10 U. S. C. 551a.

*

The above provision is added as a new paragraph of this section.

120. Appointment of chiefs of branches and assistants.

*

and hereafter appointment as chief of any branch shall be made from among officers commissioned in grades not below that of lieutenant colonel who are credited with twenty-eight years' continuous commissioned service in the Regular Army as hereinbefore provided, and who have demonstrated by actual and extended service in such branch or on similar duty that they are qualified for such appointment. Sec. 4, act of June 13, 1940 (54 Stat. 381); 10 U. S. C. 551a.

The above provision is added as a new paragraph of this section.

By 10, ante, the selection of chief of branch is not to be limited to the list of brigadier generals therein provided for.

121. Appointments in grade of second lieutenant.-Except as otherwise herein provided, all appointments in the Regular Army shall be made in the grade of second lieutenant from the following groups: Group 1, from graduates of the United States Military Academy; group 2, from warrant officers and enlisted men of the Regular Army who have had at least two years' service; group 3, from honor graduates of the senior division of the Reserve Officers' Training Corps; group 4, from members of the Officers' Reserve Corps and flying cadets, who have performed active duty under the provisions of this Act, which duty may include service as a flying cadet in the Air Corps Training Center; and group 5, from reserve officers and from officers, warrant officers, and enlisted men of the National Guard, members of the Enlisted Reserve Corps, and graduates of technical institutions approved by the Secretary of War: Provided, That, after all qualified members of group 1 have been appointed, appointments from the second, third, fourth, and fifth groups shall be made in accordance with such regulations as the Secretary of War may prescribe, from persons between the ages of twenty-one and thirty years: Provided further, That the number to be selected from each of the second, third, fourth, and fifth groups, and the number to be assigned to each branch of the service within the limits prescribed by law from all groups shall be determined by the Secretary of War in his discretion: Provided further, That until June 30, 1949, the total number of officers to be appointed annually from group 4, not including flying cadets, in the promotion list branches other than the Air Corps shall be not less than 10 per centum of the total number of Reserve officers of such branches other than the Air Corps authorized to be called annually under appropriation Acts, and in no event less than fifty, and that any officers added to the Army under existing authorizations shall be within the total authorized commissioned strength of sixteen thousand seven hundred and nineteen: And provided further, That immediately upon the effective date of this Act, the President is authorized to commission not to exceed three hundred second lieutenants in the Air Corps of the Regular Army, from among Reserve officers and flying cadets who have qualified for such appointment under existing laws.