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proval by the Secretary of War, the plans and regulations under which the initial organization and territorial distribution of * * the Organized Reserves

shall be made, shall be prepared by a committee of the branch or division of the War Department General Staff, hereinafter provided for, which is charged with the preparation of plans for the national defense and for the mobilization of the land forces of the United States. For the purpose of this task said committee shall be composed of members of said branch or division of the General Staff and an equal number of reserve officers, including reserve officers who hold or have held commissions in the National Guard. Sec. 3a, added to the act of

June 3, 1916, by sec. 3, act of June 4, 1920 (41 Stat. 760); 10 U. S. C. 37.

All policies and regulations affecting the organization, distribution, training, appointment, assignment, promotion, and discharge of members of the Officers' Reserve Corps, the Organized Reserves, and the Enlisted Reserve Corps shall be prepared by committees of appropriate branches or divisions of the War Department General Staff to which shall be added an equal number of officers from the Officers' Reserve Corps: Provided, That when the subject to be studied affects the National Guard of the United States or the National Guard and the Officers' Reserve Corps, the Organized Reserves, or the Enlisted Reserve Corps, such committees shall consist of an equal representation from the Regular Army, the National Guard of the United States, and the Officers' Reserve Corps. There shall be not less than ten officers on duty in the War Department General Staff, one-half of whom shall be from the National Guard of the United States and one-half from the Officers' Reserve Corps. For the purpose specified herein such officers shall be regarded as additional members of the General Staff while so serving: Provided further, That the Chief of Staff shall transmit to the Secretary of War the policies and regulations prepared as hereinbefore prescribed in this paragraph and advise him in regard thereto.

After action by the Secretary of War thereon the Chief of Staff shall act as the agent of the Secretary of War in carrying the same into effect. Sec. 5, act of June 3, 1916 (39 Stat. 167); sec. 5, act of June 4, 1920 (41 Stat. 763); sec. 2, act of June 15, 1933 (48 Stat. 153); 10 U. S. C. 38.

1339a. Headquarters and camps.-* * * For establishment, maintenance, and operation of divisional and regimental headquarters and of camps for training of the Organized Reserves. Provided, That not to exceed $100,000

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of this amount [appropriation] may be used for establishment and maintenance of divisional and regimental headquarters. Act of Feb. 28, 1929 (45 Stat. 1370), making appropriations for the support of the War Department.

A similar provision has appeared in prior and subsequent appropriation acts. 1339b. Location and designation of units.—* * in the initial organization of the Organized Reserves, the names, numbers and other designations, flags, and records of the divisions and subordinate units thereof that served in the World War between April 6, 1917, and November 11, 1918, shall be preserved as such as far as practicable. * Subject to general regulations approved by the Secretary of War, the location and designation of units

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of the Organized Reserves entirely comprised within the limits of any State or Territory shall be determined by a board, a majority of whom shall be reserve officers, including reserve officers who hold or have held commissions in the National Guard and recommended for this duty by the governor of the State or Territory concerned. Sec. Sa, added to the act of June 3, 1916, by sec. 3, act of June 4, 1920 (41 Stat. 760); 10 U. S. C. 342, 341.

1340. Officers' Reserve Corps; composition and organization.-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 and officers assigned to sections corresponding to the various branches of the Regular Army and 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); sec. 32, act of June 4, 1920 (41 Stat. 775); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); sec. 3, act of June 15, 1933 (48 Stat. 154) ; 10 U. S. C. 351.

For second paragraph of this section as published in the 1929 Edition based on section 55, National Defense Act, as amended, 10 U. S. C. 421, and third paragraph based on section 55a, National Defense Act, as amended, 10 U. S. C. 422, see 1340a, post.

1340a. Enlisted Reserve Corps; composition and organization.-The Enlisted Reserve Corps shall consist of persons voluntarily enlisted therein. Sec. 55, act of June 3, 1916 (39 Stat. 195); scc. 35, act of June 4, 1920 (41 Stat. 780); act of June 8, 1926 (44 Stat. 705); 10 U. S. C. 421.

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); 10 U. S. C. 422.

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 in railwayoperating units, 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); 10 U. S. C. 424, 423, 425. 1340c. Enlisted Reserve Corps; active duty.-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. Sec. 55b, added to act of June 3, 1916, by sec. 35,

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act of June 4, 1920 (41 Stat. 780); 10 U. S. C. 426.

1341. For text of this section as published in the 1929 Edition, see 1339, ante.

1342. Reserve officers, appointment; authority.—* * Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate. * * Sec. 37, act of June 3, 1916 (39 Stat. 189); sec. 32, act of June 4, 1920 (41 Stat. 755); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); sec. 3, act of June 15, 1933 (48 Stat. 154); 10 U. S. C. 352.

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1343. Reserve officers, appointment; age limits and citizenship.In time of peace an officer of the Officers' Reserve Corps 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. 189); sec. 32, act of June 4, 1920 (41 Stat. 776); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); sec. 3, act of June 15, 1933 (48 Stat. 154); act of June 12, 1934 (48 Stat. 939); 10 U. S. C. 353.

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1344. Reserve officers, appointment; classes eligible.—* * In time of peace appointments in the Infantry, Cavalry, Field Artillery, Coast Artillery, and Air Corps shall be limited to former officers of the Army, former officers of the National Guard of the United States, graduates of the Reserve Officers' Training Corps, as provided in section 47b hereof; warrant officers, and enlisted men of the Regular Army, National Guard of the United States, 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); sec. 32, act of June 4, 1920 (41 Stat. 776); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); sec. 3, act of June 15, 1933 (48 Stat. 154); 10 U. S. C. 353.

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1345. Reserve officers, appointment; from flying cadets.—Upon completion of a course prescribed for flying cadets, each flying cadet, if he so desire, may be discharged and commissioned as a second lieutenant in the Officers' Reserve Corps: ** Act of July 11, 1919 (41 Stat. 109); 10 U. S. C. 299.

1346. Reserve officers, appointment; from graduates of 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 twentyone 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); 10 U. S. C. 354.

For sec. 47a, see 1250, ante.

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1347. Reserve officers, appointment; grades in which commissioned.—* Any person who has been an officer of the Army of the United States at any time between April 6, 1917, and June 30, 1919, or who has been an officer of the Regular Army at any time, if qualified, may be appointed in the Officers' Reserve Corps in the highest grade which he held or any lower grade. No other person except as herein provided shall in time of peace be originally appointed as a reserve officer of Infantry, Cavalry, Field Artillery, Coast Artillery, or Air Corps in a grade above that of second lieutenant. * Sec. 37, act of June 3, 1916 (39 Stat. 189); sec. 32, act of June 4, 1920 (41 Stat. 776); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); sec. 3, act of June 15, 1933 (48 Stat. 154); 10 U. S. C. 353.

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1348. Reserve officers, appointment; period of service.-*

Appointment

in every case in the Officers' Reserve Corps shall be for a period of five years, but an appointment in force at the outbreak of war shall continue in force until six months after its termination. * * Sec. 37, act of June 3, 1916 (39 Stat. 189); sec. 32, act of June 4, 1920 (41 Stat. 776); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); sec. 3, act of June 15, 1933 (48 Stat. 154); 10 U. S. C. 358.

The second paragraph of the 1929 text of this section, based on sec. 38, National Defense Act as amended; 10 U. S. C. 359, pertaining to concurrent commissions in the National Guard and Officers' Reserve Corps was stricken out by section 4, act of June 15, 1933 (48 Stat. 155), but is retained in the United States Code of 1934.

1349. For text of this section as published in the 1929 Edition, see 289, ante. 1350. Reserve officers; assignment.-*

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So far as practicable, in time

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of peace, officers of the Officers' Reserve Corps shall be assigned to units in the vicinity of their places of residence. Sec. 37, act of June 3, 1916 (39 Stat. 189); sec. 32, act of June 4, 1920 (41 Stat. 776); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); sec. 3, act of June 15, 1933 (48 Stat. 154); 10 U. S. C. 370.

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1351. Reserve officers; commissions.—* * All persons appointed in the Officers' Reserve Corps are reserve officers and shall be commissioned in the Army of the United States. * Sec. 37, act of June 3, 1916 (39 Stat. 189); sec. 32, act of June 4, 1920 (41 Stat. 775); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); sec. 3, act of June 15, 1933 (48 Stat. 154); 10 U. S. C. 355a.

The 1929 text of this section was stricken out by section 4, act of June 15, 1933 (48 Stat. 155), but is retained in the United States Code of 1934 (10 U. S. C. 355). The subject matter is now covered by the above provision. For commissions of Reserve offic r in the National Guard of the United States, see 1271, ante.

1352. This section, based on sec. 37, National Defense Act as amended; 10 U. S. C. #56 was stricken out by section 3, act of June 15, 1933 (48 Stat. 154), but is retained in the United States Code of 1934.

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