Page:United States Statutes at Large Volume 48 Part 1.djvu/180

 154 Exercise same powers as over the Army. Vol. 41, p. 775; Vol. 42, p . 1033 . Officers' Reserve Corps. Compositi on, grades, et c. Post, p. 939 . Appoint ments by Preside nt alone, exce pt general of ficers . Periods. Proviso. War-time service. Dis charg es. Citizenship, etc ., re» quirements . Post, p. 939. 73d CONGRESS. SESS. I. CIT. 87. JUNE 15, 1933 . The C hief o f Staf f shal l exer cise t he same super vision and c ontrol of the reserve components of the Army of the United States as he does over the Regular Army. SEC. 3 . That section 37 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof : " SEC. 37. Or »FicERS' RESERVE CORPS .-For the purpose of provid- ing a res erve o f offi cers a vailab le for milita ry ser vice w hen ne eded there shall be organized an Officers' Reserve Corps consisting of gen- eral offic ers an d offi cers a ssigne d to se ctions corre spondi ng 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 . All persons appointed in the Officers' Reserve Corps are reserve officers and shall be commissioned in the Army of the United States . 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 . Appointment in every case in the Office rs' Re serve Corps shall be for a peri od of five y ears, but an appointment in force at the outbreak of war shall continue in force until six months after its termination : Provided, That an offic er of the Officers ' Reserve Corps sh all be e ntitled t o be reli eved from active Federal service within six months after its termination if he makes application therefor. Any officer of the Officers' Reserve Corps may be discharged at any time in the discretion of the Presi- dent. 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 between the ages of twenty-one and sixty years. Any person For mer ons service quail. fications. who has been an officer of the Army of the United States at an y y 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 ap- pointed in the Officers' Reserve Corps in the highest grade which pea ce he held or any lower grade. No other person except as herein pro- vided 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. In time of peace appoi ntment s in t he Inf antry, Caval ry, Fie ld Art illery, Coas t Arti l- lery, and Air Corps shall be limited to former officers of the Army, former officers of the National Guard of the United States, gradu- ates of the Reser ve Off icers' Train ing Cor ps, as provi ded in secti on 47h 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, and 1917, and November 11, 1918. Promotions in all grades of officers who have established, or may hereafter establish, their qualifications for such promotion, and transfer, shall be made under such regula- tions as may be prescribed by the Secretary of War, and shall be based so far as practicable upon recommendations made in the estab- lished chain of command. So far as pr actica ble, i n time of pe ace, appoint- officers of the Officers' Reserve Corps shall be assigned to units in the locality of their places of residence. Nothing in this Act shall operate to deprive an officer of the reserve appointment he now holds : Provided, That this shall not appl y to the discr etion ary- disch arge power of the P resid ent previ ously ment ione d. Me mbe rs of the O fficers' Reserve C orps, whi le not o n active duty, sha ll not, b y reason solely of their appointments, oaths, commissions, or status as such, or any duties or functions performed or pay or allowances re- ceived as such, be held or deemed to be officers or employees of the United St ates, or persons h olding an y office of trust or profit or dis- Limitation on appo intm ents. Vol.41,p.778. Prom otio ns transfers. Reserve ments. Proviso. Executive power over. St atus of res erve officers not on active duty.