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).

1532a. Appointments in Officers' Reserve Corps and National Army to certain grades in designated staff corps.-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).

(For the ensuing provision of this act see paragraph 1537a, post.)

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 oflicers 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. Sec. 37, Act of June 3, 1916 (39 Stat. 189).

1533a. Appointment of former officers of Regular Army, Volunteer Army, Organized Militia, or National Guard to.-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 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

cers' 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. 31, Sept. 12, 1916.)

in no case above that of lieutenant colonel. Act of May 12, 1917 (40 Stat. 73).

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 in the lowest authorized grade in any section of the Officers' Reserve Corps shall not be limited.1 Sec. 37, Act of June 3, 1916 (39 Stat. 189).

1535. Persons registered as qualified under Act of January 21, 1903, to be eligible for appointment in for three years.-All persons now carried as duly qualified and registered pursuant to section twenty-three of the Act of Congress approved January twenty-first, nineteen hundred and three, shall, for a period of three years after the passage of this Act, be eligible for appointment in the Officers' Reserve Corps in the section corresponding to the arm, corps, or department for which they have been found qualified, without further examination, except a physical examination, and subject to the limitations as to age and rank herein prescribed.3 Id.

'Held, that this provision does not limit the number who may be commissioned in any grade above the lowest, except by the proportion which the number in that grade in the corresponding arm, corps, or department of the Regular Army bears to the number in other grades in that arm, corps, or department, and that the number that may be commissioned is unlimited so long as the proportion between grades, except as to any maximum number for the lowest, is maintained in the same manner as established for the grades of the corresponding arm, corps, or department of the Regular Army. (War Dept. Bull. No. 28, Aug. 18, 1916.)

Held, with respect to the construction of section 37 of the national defense act of June 3, 1916, as applied to the Signal Corps, that the Signal Corps Section of the Officers' Reserve Corps, like the Regular Army, should comprise two divisions, i. e., the Signal Corps proper and the Aviation Section thereof; that the proportion of officers of the several grades in each division should conform to the proportion of the respective divisions of the Signal Corps of the Regular Army, except in the lowest grade; and that such proportion will practically correspond to the organization now prescribed for the units of the respective divisions of the Regular Army.

Held further, that the organization of the units of the respective sections may be proceeded with in the usual manner, provided the units, when complete, will not give a proportion of officers in any grade of the particular section of the Signal Corps in excess of the proportion prescribed in the statute; that the proportion indicated by the statute must be maintained in the particular section of the Signal Corps as a whole, but need not be maintained in a particular unit of that section unless the departure from the proportion in fai unit would render the composition of the whole section such as to violate the rule. (War Dept. Bull. 34, June 8, 1917.)

See footnote to par. 1388, ante, or 32 Stat. 779.

3 Held, that while this provision of the statute declares the persons therein described to be eligible for appointment in the Officers' Reserve Corps, it is not a mandate for their appointment; and, if for reasons of national policy the President may decide, as it is apparent he has decided, that persons holding commissions in available military forces of the United States shall not also be commissioned in the Officers' Reserve Corps, the provision of section 37 of the national-defense act just quoted is not violated. The eligibility of such officers is not interfered with, though, for the reason that they already bear a relation

1536. 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.-Any person carried as qualified and registered in the grade of colonel or lieutenant. colonel pursuant to the provisions of said Act on the date when this Act becomes effective may be commissioned and recommissioned in the Officers' Reserve Corps with the rank for which he has been found qualified and registered, but when such person thereafter shall become separated from the Officers' Reserve Corps for any reason the vacancy so caused shall not be filled, and such office shall cease and determine. Id.

1536a. Commissions and rank of officers who were qualified at date of act, or who had Federal service with National Guard or Organized Militia. The second proviso of section thirty-seven of the Act of June third, nineteen hundred and sixteen, entitled "An Act for making further and more effectual provision for the national defense, and for other purposes," be amended as follows: Provided, That any person who on June third, nineteen hundred and sixteen, was carried as qualified and registered in the grade of colonel or lieutenant colonel pursuant to the provisions of the Act of January twenty-first, nineteen hundred and three, or any person holding a commission as colonel or lieutenant colonel in the National Guard of any State, Territory, or the District of Columbia on June third, nineteen hundred and sixteen, who has served satisfactorily as such in the service of the United States under the call of May ninth, nineteen hundred and sixteen, or that of June eighteenth, nineteen hundred and sixteen, may be commissioned or recommissioned in the Officers' Reserve Corps with rank for which he had been found qualified and registered, or which he held in the National Guard on June third, nineteen hundred and sixteen, or while in the service of the United States; but when such person shall become thereafter separated from the Officers' Reserve Corps for any reason, the vacancy so caused shall not be filled and such office shall cease and determine. Act of May 12, 1917 (40 Stat. 73), amending Sec. 37, Act of June 3, 1916 (39 Stat. 189).

153 b. Recommission of officer called for service in lower grade.-Any officer of the Officers' Reserve Corps called for service with his

to the Government which is equivalent to that which would be established by their appointment in the Officers' Reserve Corps, and which renders their appointment unnecessary for the attainment of the purpose of the law creating the Officers' Reserve Corps, the President has, in his discretion, determined and ordered that they shall not be appointed.

Held further, that enlisted men of the Regular Army or National Guard who are found qualified upon examination may be commissioned in the Officers' Reserve Corps without impairment of their enlisted status, and that officers of the Officers' Reserve Corps may, if otherwise eligible, enlist in the Regular Army or National Guard. (War Dept. Bull. No. 9, Feb. 2, 1917.)

consent in a lower grade than that held by him in said Reserve Corps shall, subject to such physical examination as may be prescribed, bo considered eligible for recommission in such lower grade. Id.

1537. Age limit for appointment in and discharge of officers after haring passed such limit.-No person shall, except as hereinafter provided, be appointed or reappointed a second lieutenant in the Officers' Reserve Corps after he shall have reached the age of thirtytwo years, a first lieutenant after he shall have reached the age of thirty-six years, a captain after he shall have reached the age of forty years, or a major after he shall have reached the age of fortyfive years. When an officer of the Reserve Corps shall reach the age limit fixed for appointment or reappointment in the grade in which commissioned he shall be honorably discharged from the service of the United States, and be entitled to retain his official title and, on occasions of ceremony, to wear the uniform of the highest grade he shall have held in the Officers' Reserve Corps. Sec. 37, Act of June 3, 1916 (39 Stat. 189).

1537a. No discharge of officers on reaching age limit during existing emergency.-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).

(For preceding provision of this act see paragraph 1532a, ante.)

1538. Same-Not to apply to appointment or reappointment of officers in certain staff departments.-Nothing in the foregoing provisions as to the ages of officers shall apply to the appointment or reappointment of officers of the Quartermaster, Engineer, Ordnance, Signal, Judge Advocate, and Medical sections of said Reserve Corps. Sec. 37, Act of June 3, 1916 (39 Stat. 190).

1539. Medical Reserve Corps to cease to exist one year after passage of Act; officers of, may be appointed in Officers' Reserve Corps. One year after the passage of this Act the Medical Reserve Corps, as now constituted by law, shall cease to exist. Members thereof may be commissioned in the Officers' Reserve Corps, subject to the provisions of this Act, or may be honorably discharged from the service. Id.

(For composition of the Medical Department see paragraph 728a, and for old law relating to Medical Reserve Corps see paragraphs 744-749, ante.)

1 Held, that the art of March 4, 1911, which created the Medical Reserve Corps, conferred upon the holders of commissions issued thereunder “all authority, rights, and priviliges of commissioned officers of the like grade in the Medical Corps of the Army, except promotion, but only when called into active duty," and that as section 37 of the national defense act makes officers of the Medical Reserve Corps eligible for appointment to the medical section of the Officers' Reserve Corps, and further that the "Medical Reserve Corps as now

1540. Certain officers of the medical section, Officers' Reserve Corps, may be assigned to active duty in time of peace; pay of.-The Secretary of War may, in time of peace, order first lieutenants of the medical section of the Officers' Reserve Corps, with their consent, to active duty in the service of the United States in such numbers as the public interests may require and the funds appropriated may permit, and may relieve them from such duty when their services are no longer necessary. While on such duty they shall receive the pay and allowances, including pay for periods of sickness and leaves of absence, of officers of corresponding rank and length of activo service in the Regular Army. Id.

1541. Commissions to be in force for a period of five years.-The commissions of all officers of the Officers' Reserve Corps shall be in force for a period of five years unless sooner terminated in the discretion of the President.1 Id.

1542. Same-May be recommissioned for successive periods in same or higher grades.-Such officers may be recommissioned, either in the same or higher grades, for successive periods of five years, subject to such examinations and qualifications as the President may prescribe and to the age limits prescribed herein. Id.

1543. Rank of officers in various sections to be according to grades and length of service therein.-Officers of the Officers' Reserve Corps shall have rank therein in the various sections of said Reserve Corps according to grades and to length of service in their grades. Id.

1544. Assignment to duty in time of war, rank, pay, etc.-In time of actual or threatened hostilities the President may order officers of the Officers' Reserve Corps, subject to such subsequent physical examinations as he may prescribe, to temporary duty with the Regular Army in grades thereof which can not, for the time being, be filled by promotion, or as officers in volunteer or other organizations that may be authorized by law, or as officers at recruit rendezvous and depots, or on such other duty as the President may prescribe. While such reserve officers are on such service they shall, by virtue of their commissions as reserve officers, exercise command

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constituted by law" shall cease to exist one year after the passage" of the national defense act, the sale of ordnance or ordnance property to officers as members of the Medical Reserve Corps, such officers not being in active service, would be of doubtful legality, and recommended that such sale be not made when the officer will not be appointed to the Officers' Reserve Corps.

Held further, that paragraph 1520, Army Regulations, as to sales of ordnance, etc., to officers, etc., is sufliciently broad to include members of the Officers' Reserve Corps. This accords, in principle, with the opinion of the Judge Advocate General of November 9, 1916. to the effect that as the Officers' Reserve Corps is an integral part of the Army of the United States as established by section 1 of the national-fedense act, its members are entitled to purchase uniforms, clothing, and equipage under paragraph 1174, Army Regulations. (War Dept. Bull. No. 3. Jan. 19, 1917.)

1

See note to paragraph 329a as to distinction between commission in the Officers' Reserve Corps and the Regular Army, etc.