Page:United States Statutes at Large Volume 48 Part 1.djvu/187

 73d CONGRE SS. SESS. I. CH. 87. JUNE 15, 1933 . order into active Federal service shall be maintained intact insofar as practicable. " Com missioned off icers and war rant officers appo inted in the National Guard of the United States and commissioned or holding warrants in the Army of the United States, ordered into Federal service as herein provided, shall be ordered to active duty under such a ppoint ments and c ommiss ions o r warr ants : Provid ed, That those officers and warrant officers of t he National Gu ard who do not hold appoi ntments in th e National Gu ard of the Uni ted States and commission s or warrants in the Army of the United States may be app ointed and c ommis sioned or te ndered warr ants t herein by the President, in the same grade and branch they hold in the Nation al Gua rd . " Officers and enlisted men while in the service of the United States under the terms of this section shall receive the pay and allowances prov ided by law for offi cers and enl iste d me n of the res erve for ces when ordered to active duty, except brigadier generals and major generals, who shall receive the same pay and allowances as provided by law for brigadier generals and major generals of the Regular Army, respecti ve)y . Upon being relieved from active duty in the military service of the United States all individuals and units shall thereupon revert to their National Guard status . " In the initial mobilization of the National Guard of the United States, war-strength officer personnel shall be taken from the National Guard as far as practicable, and for the purpose of this expansion warrant officers and enlisted men of the National Guard may, in time of peace, be appointed officers in the National Guard of the United States and commissioned in the Army of the United States ." SEC . 19 . That section 112 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu th ereof "SEC. 112. RIGHTS TO PENSIONS .-When any officer, warrant officer, or enlisted man of the National Guard or the National Guard of the United States called or ordered into the active service of the United States, or when any officer of the Officers' Reserve Corps or any person in the Enlisted Reserve Corps ordered into active service except for training, is disabled by reason of wounds or disa- bility received or incurred while in the active service of the United States, he shall be entitled to all the benefits of the pension laws existing at the time of his active service ; and in case such officer or enlisted man dies in the active service of the United States or in returning to his place of residence after being mustered out of active service, or at any other time in consequence of wounds or disabilities received in such active service, his widow and children, if any, shall be entitled to all the benefits of such pension laws ." SEC . 20 . That the seventh paragraph of section 1 27a of said Act be, and the same is h ereby, amende d by striking out the same and inserting the following in lieu thereof " In time of war any officer of the Regular Army may be appointed to higher temporary grade without vacating his permanent appoint- ment. In time of war any officer of the Regular Army appointed to higher temporary grade, and all other persons appoi nted, as officers, sh all be appoin ted and commi ssioned 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 : Provided, That an appointment, other than that of a member of the Regular Army 86637'-N4- 11 161 Officers thereof or- dered to active duty. Proviso. National Guard offi- cers not holding ap- pointments in National Gua rd of United States, etc. Pay and allowan ces. Uni ts, etc ., to revert to State status on relief from active duty, etc. War strength officer personnel. Vol. 39, p. 21 1, amended. Pe nsion laws made applicable. D isabi liti es in curre d in active service. Death. Vol. 41, p. 78 5, amended. Commissions. Appointments by President alone except gen eral officers. Proviso. War time service.