Page:United States Statutes at Large Volume 68 Part 1.djvu/198

 166 10 USC 598.

10 USC 591.

10 USC 59la.

PUBLIC LAW 379-MAY 29, 1954

[68 S T A T.

(b) The first section of the Act of July 14, 1939 (53 Stat. 1001) is amended to read as follows: "That hereafter any enlisted man of the Regular Army or Regular Air Force who shall serve on active duty as a Reserve officer or warrant officer of the Army or Air Force or who shall be discharged to accept appointment as a commissioned officer or warrant officer in the Army or Air Force and whose active service as a commissioned officer or warrant officer shall terminate honorably, shall be entitled, without regard to any physical disqualification incurred, or having its inception, while on active duty in line of duty, to reenlistment in the grade held prior to such service as a commissioned or warant officer, without loss of service or seniority and without regard to whether a vacancy exists in the appropriate enlisted grade: Provided, That application for reenlistment shall be made within six months, or within such other period of time as the appropriate Secretary may prescribe in exceptional circumstances, after the termination of such service as a commissioned officer or warrant officer in each case: Provided further, That enlisted men of the Regular Army and Regular Air Force shall be entitled to count active service as a commissioned officer or warrant officer in the Army and Air Force as enlisted service for all purposes." (c) Section 2 of the Act of August 21, 1941 (55 Stat. 652), is amended to read as follows: "SEC. 2. Original appointments to permanent warrant officer grades in the Regular Army and Regular Air Force shall be made only from among those persons who have served at least one year on active duty in the Army or Air Force." (d) Section 3 of the Act of August 21, 1941 (55 Stat. 652), is amended to read as follows: "SEC. 3. Whenever, under authorization from time to time made by the Congress, the total number of commissioned officers serving on active duty exceeds the authorized active list commissioned officer strength of the Regular Army or Regular Air Force, the Secretary of the Army, with respect to the Army, and the Secretary of the Air Force, with respect to the Air Force, shall determine the requirements in each of the several warrant officer grades based upon the total number of warrant officers serving on active duty and the tasks being performed by the Army and the Air Force and such requirements in each of such grades may be filled by the temporary appointment of qualified warrant officers. Such temporary appointments shall be in the Army or Air Force and shall remain in effect at the pleasure of the appropriate Secretary. Persons appointed in the Army or Air Force as temporary warrant officers, while in active Federal service, shall while so serving, be entitled to the rank, pay, and allowances of the grades to which they are temporarily appointed, and shall be entitled to count such service as warrant or enlisted service for all purposes. Such temporary appointees shall be entitled to the benefits of all existing laws and regulations governing retirement, pensions, and disability as are applicable to members of the Army or Air Force when called or ordered into the active military service by the Federal Government under existing statutory authorizations. All persons temporarily appointed as warrant officers in the Army or Air Force under the authority of this section, shall, as long as they continue to hold such appointments, be available for assignment to active duty with any unit of the service in which appointed. Persons temporarily appointed as warrant officers under the authority of this section who, at the time of their respective temporary appointments have a military status in the Army or Air Force, may accept such temporary appointments without prejudice to the military status which they so held, and upon termination of such temporary appointments such persons may revert to the grades which they held at the time of their temporary appointments."

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