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ORGANIZED RESERVES

Headquarters and camps, 1339a.
Officers' Reserve Corps; composition and
organization, 1340.

Enlisted Reserve Corps :

Composition and organization, 1340a.
Enlistment, 1340b.

Detail of reserve officers to active duty:
General provisions, 1353.

Officers of the Air Corps Reserve, 1354,

1339a. Headquarters and camps.

Detail of reserve officers to active duty-Con.
Officers of the Ordnance Department, 1355.
To duty with the Regular Army, 1358.
Reserve officers:

Retirement rights, 1360.

Flight training, 1366.

Duty in connection with national matches, 1366a.

As repeated in the appropriation act for the fiscal year 1940 and subsequent acts the words "Organized Reserve" have been substituted for the words "divisional and regimental" in second and fifth lines of this provision.

1340. Officers' Reserve Corps; composition and organization.

By act of June 23, 1939 (53 Stat. 854) as amended by sections 8 and 9, act of June 6, 1940 (54 Stat. 247), a Coast Guard Reserve was established to be composed of citizens of the United States who are owners of motor boats or yachts.

1340a. Enlisted Reserve Corps; composition and organization.

The first paragraph, of this section was reenacted without change by act of March 15, 1940 (54 Stat. 53).

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1340b. Enlisted Reserve Corps; enlistment. 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. 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, except that for original enlistments of such specialists in units as may be prescribed by regulations of the Secretary of War, the maximum age limit shall be forty-five years. All enlistments in force at the outbreak of 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); sec. 35, act of June 4, 1920 (41 Stat. 780); act of June 8, 1926 (44 Stat. 705); act of Mar. 15, 1940 (54 Stat. 53); 10 U. S.C. 424, 423, 425.

This section has been amended as above.

1353. Reserve officers; detail to active duty; general provisions.

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* Except as otherwise herein provided, nothing contained in this Act shall be construed to affect the number of Reserve officers that may be called to active duty under existing laws, nor the conditions and the purposes for which they may be called. Sec. 10, act of Apr. 3, 1939 (53 Stat. 559).

No appropriation made in this Act shall be expended for the pay of a Reserve officer on active duty for a longer period than fifteen days, except such as may be detailed for duty with the War Department General Staff under section 3a and section 5(b) of the National Defense Act, as amended (10 U. S. C. 26, 37), and who may be detailed for courses of instruction at the general or special service schools of the Army, or to Corps Area staff schools, or for duty as instructors at civilian military training camps, appropriated for in this Act, or who may be detailed to active duty with the Regular Army under the provisions of the Act of April 3, 1939, or whose fifteen-day training period may be increased by not to exceed fifteen additional days, or who may be detailed to duties for which officers of the Regular Army are not available: Sec. 1, military appropriation act of June 13, 1940 (54 Stat. 374).

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

The second paragraph of the original text has been changed in form as above. The calling of reserve officers to active duty in connection with the existing national emergency was authorized by Executive Order No. 8244, September 8, 1939.

For authority of the President to order reserve officers into the active military service for a 12-month training period, with or without their consent, see 2220–1, post.

1354. Reserve officers, Air Corps; detail to active duty.

Any Air Corps Reserve officer who has not been selected for commission in the Regular Army shall be paid upon release from active duty following the termination of any period of active duty of three years or more in duration a lump sum of $500 which sum shall be in addition to any pay and allowances which he may otherwise be entitled to receive. Sec. 2, act of June 16, 1936 (49 Stat. 1524); sec. 11, act of Apr. 3, 1939 (53 Stat. 559); 10 U. S. C. 300a. * * * Upon the effective date of this Act, Air Corps Reserve officers who are then on active duty under the provisions of section 1 of the Act of June 16, 1936 (49 Stat. 1524), shall be deemed to be on active duty under the provisions of this Act: Provided, That on and after the effective date of this Act no Air Corps Reserve officers shall be called to active duty under the provision of section 1 of the said Act of June 16, 1936. * * Sec. 10, act of Apr. 3, 1939 (53 Stat. 559).

Provided, That funds available for Organized Reserves for the fiscal year 1940 may be expended for the pay of Reserve officers ordered to active duty for longer periods than fifteen days under the provisions of section 10 of said Act of April 3, 1939. Sec. 1, supplemental military appropriation act of July 1, 1939 (53 Stat. 997).

During the fiscal year 1941, all existing limitations with respect to the number of flying cadets in the Army Air Corps, and with respect to the number and rank of Reserve Air Corps officers who may be ordered to extended active duty with the Air Corps, shall be suspended. Sec. 2(a), act of July 2, 1940 (54 Stat. 713).

The first paragraph of the original text of this section, based on section 8, act of July 2, 1926 (44 Stat. 783); 10 U. S. C. 292b, was expressly repealed by section 1, act of April 3, 1939 (53 Stat. 555). i

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The third paragraph, based on section 2, act of June 16, 1936 (49 Stat. 1524); 10 U. S. C. 300a, was amended as indicated in first paragraph, supra.

The second, third, and fourth provisions, supra, are added as new paragraphs. For additional authority for detail of Air Corps Reserve officers to extended active duty, see 1358, post.

1355. Reserve officers, Ordnance Department; detail to active duty.-* Provided, That the President may, with their consent, order Ordnance Reserve officers and Specialist Reserve officers assigned to the Ordnance Department to

active duty for such periods as may be necessary to carry out the purposes of this appropriation, and the pay and allowances of such officers while so assigned shall be charged to this appropriation. Title II, second deficiency appropriation act of May 2, 1939 (58 Stat. 643).

This provision appeared for the first time in the act cited. The appropriation referred to is "Ordnance service and supplies, Army." It has been repeated in subsequent appropriation acts.

1358. Reserve officers; detail to duty with Regular Army.-That the President is hereby authorized to order annually, with their consent, upon application to and selection by the War Department, for a period of not more than one year for any one officer, for active duty with the Regular Army, such numbers of Reserve officers in the grade of second lieutenant as are necessary to maintain on active duty at all times not more than one thousand Reserve officers of the promotion-list branches other than the Air Corps, not more than three thousand Reserve officers of the Air Corps, and not more than three hundred Reserve officers of the non-promotion-list branches: Provided, That in the non-promotion-list branches and the Judge Advocate General's Department, such Reserve officers may be in any grade not above captain: Provided further, That until July 1, 1949, the tour of active duty of Air Corps Reserve officers may, in the discretion of the Secretary of War, be extended not to exceed a total of seven years' active service in all, and thereafter not to exceed a total of five years' active service in all: Provided further, That in the non-promotion-list branches and the Judge Advocate General's Department, the tour of active duty may, in the discretion of the Secretary of War, be extended not to exceed a total of two years' active service in all: And provided further, That nothing herein contained shall require the termination of active duty of any Reserve officer because of promotion to a higher grade after his tour of active duty begins. The tour of any Reserve Corps officer on active duty may be terminated at any time, in the discretion of the Secretary of War. Sec. 1, act of Aug. 30, 1935 (49 Stat. 1028); sec. 5, act of Apr. 3, 1939 (53 Stat. 557); 10 U. S. C. 369a.

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The first paragraph of this section has been amended as above.

The supplemental military appropriation act of July 1, 1939 (53 Stat. 997), makes an appropriation for expenditures necessary for Medical Department reserve officers, reserve chaplains, and reserve officers of The Judge Advocate General's Department called to active duty under this provision.

In connection with Proclamation No. 2352, September 8, 1939, proclaiming the existence of a limited national emergency, the commissioned strength of the Regular Army was authorized by Executive Order No. 8244, September 8, 1939, to be supplemented by the use of reserve officers as may be necessary within the limitations as to numbers and grades prescribed by this section.

1360. Reserve officers; retirement rights.

Retirement pay for reserve officers under certain conditions is provided for in 1117, ante. 1366. Reserve officers; flight training.

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For Organized Reserves, $86,161,608: Provided, That this appropriation shall be available for flight training of officers of the Officers' Reserve Corps without regard to any limitation as to such training in the Military Appropriation Act, 1941: Provided further, That regardless of the limitation heretofore imposed, funds appropriated for Organized Reserves for the fiscal year 1941 shall be available for the pay and allowances of members of the Officers' Reserve Corps who may have been or may hereafter be given flight training and detailed as officer navigators, officer bombardiers, officer bombardier-observers and officer balloon

observers with combat units of the Air Corps.

Third supplemental national de

fense appropriation act of Oct. 8, 1940 (54 Stat. 970).

As repeated in the appropriation act for the fiscal year 1940, and subsequent acts, the original text of this section reads "and no part of such amount shall be available," etc. The above provision is added as a new paragraph.

As to use of other appropriations for pay and allowances of reserve officers on duty pertaining to aviation, see 1733, post.

1366a. Reserve officers, warrant officers, and enlisted men; duty in connection with national matches.

This provision has been repeated in subsequent appropriation acts.

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