Page:United States Statutes at Large Volume 59 Part 1.djvu/682

 664 PUBLIC LAWS--CH. 601-DEC. 28, 1945 [59 STAT. fitness to hold commissioned grade in the Regular Army; and to pro- vide a minimum increase in the commissioned officer strength of the Regular Army for that purpose. Commissioned SEC. 2. On and after the effective date of this Act, the commissioned strength. streng t strength of the Regular Army shall not exceed twenty-five thousand Graduates of U. S. officers: Provided, That notwithstanding the foregoing limitation on Military Academy. the commissioned strength of the Regular Army, graduates of the United States Military Academy may be promoted and commissioned as second lieutenants in the Regular Army in accordance with the provisions of the Act of May 17, 1886 (24 Stat. 50; 10 U. S. C. 486). Appointment, etc., SEC. 3. The President is authorized to bring the actual commissioned of ddonofficers strength of the Regular Army up to the commissioned strength speci- fied in section 2 of this Act by the appointment and commissioning of additional officers, by and with the advice and consent of the Senate, in such arms and services of the Regular Army as he may prescribe. Appointments of such additional commissioned officers may be made in accordance with any existing provision of law providing for the appointment of commissioned officers in the Regular Army, or as hereinafter provided. Appointments in SEC. 4. At any time not later than a date eight months following dTie lgtation. the date of enactment of this Act, the President is authorized to appoint and commission additional officers in the Regular Army, by and with the advice and consent of the Senate, in the grades of second lieutenant, first lieutenant, captain, and major, subject to the conditions Qualifications. and limitations hereinafter set forth. Persons appointed under the provisions of this section shall- (a) be male citizens of the United States, at least twenty-one years of age, of good moral character, physically qualified for active military service, and have such other qualifications as may be prescribed by the Secretary of War; and shall (b) have served honorably in the active Federal service as commissioned officers of the Army of the United States, or any component thereof, on or after December 7, 1941, in grades equal to or higher than those prescribed in section 5 of this Act for officers credited with the amounts of service with which they would be credited under that section if appointed in the Regular Army. service credits. SEC. 5. Each person appointed as a commissioned officer of the Regular Army under the provisions of section 4 of this Act shall be credited, at the time of appointment, with service equivalent to the total period of active Federal service performed by him after attaining the age of twenty-one years as a commissioned officer in the Army of the United States or any component thereof from December 7, 1941, to the date of such appointment, or a period of service equal to the number of days, months, and years by which his age at the time of such appointment exceeds twenty-five years, whichever is the greater: Provided, That in computing the total period of active commissioned Federal service of any such person who was honorably discharged or relieved from active service subsequent to May 12, 1945, there shall also be credited the period from the date of his discharge or relief from active service to the date of his appointment in the Regular grdemnn of Army under the provisions of section 4 of this Act. Upon the basis of service so credited, the grade in which each such person shall be appointed shall be determined as follows: (a) Persons appointed in arms or services of the Regular Army, the officers of which are on the promotion list, who are credited with less than three years' service shall be appointed in the grade of second lieutenant; such persons who are credited with three or more years' service, but less than ten years' service, shall be appointed in the

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