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1353. Reserve officers, detail to active duty; general provisions. To the extent provided for from time to time by appropriations for this specific purpose, the President may order reserve officers to active duty at any time and for any period; but except in 'time of a national emergency expressly declared by Congress, no reserve officer shall be employed on active duty for more than fifteen days in any calendar year without his own consent.
Sec. 87a, added to the act of June 3, 1916, by sec. 32, act of June 4, 1920 (41 Stat. 776); 10 U. S. C. 369.
No appropriation made in this Act shall be expended for the pay of a reserve officer on active duty for a longer period than fifteen days, except such as may be detailed for duty with the War Department General Staff under section 3a and section 5 (b) of the National Defense Act, as amended (U. S. C., title 10, secs. 26, 37), or who may be detailed for courses of instruction at the general or special service schools of the Army, or for duty as instructors at civilian military training camps, appropriated for in this Act, or for duty with the Air Corps, under the provisions of section 1 of the Act of June 16, 1936 (49 Stat. 1524), or who may be detailed to active duty with the Regular Army under the provisions of the Act of August 30, 1935 (U. S. C., title 10, sec. 369a). Sec. 1, military appropriation act of July 1, 1937 (50 Stat. 464).
For second paragraph of the 1929 text of this section, see 1340c, ante. The third paragrapb, based on act of Feb. 28, 1929 (45 Stat. 1371), was superseded by second paragraph, supra.
For details exempted in second paragraph, supra, see 1339, ante, and 1354, 1358, post.
1354. Reserve officers, Air Corps; detail to active duty.-* The President is authorized to call to active service, with their consent, such number of Air Corps reserve officers as he may deem necessary, not to exceed five hundred and fifty, 90 per centum of whom shall serve for periods of not more than one year, and 10 per centum for periods of not more than two years: Provided, That nothing contained in this section shall affect the number of reserve officers that may be called to active duty for periods of less than six months under existing law. Sec. 8, act of July 2, 1926 (44 Stat. 783); 10 U. 8. C. 2926.
That the President be, and he is hereby, authorized to call to active duty, with their consent, for periods of not more than five years, such number of Army Air Corps Reserve officers as he may deem necessary, not to exceed one thousand three hundred and fifty. Sec. 1, act of June 16, 1936 (49 Stat. 1524); 10 U. 8. C. 2926–2.
Upon the termination of such a period of active duty of not less than three years in duration, such Air Corps Reserve officers shall be paid a lump sum of $500 which sum shall be addition to any pay and allowances which they may otherwise be entitled to receive. Sec. 2, act of June 16, 1936 (49 Stat. 1524); 10 U. 8. C. 300a.
1355. For text of this section as published in the 1929 Edition, see 1340a, ante. 1356. For text of this section as published in the 1929 Edition, see 1339, ante.
1357. This section, based on section 81, National Defense Act of June 3, 1916 (39 Stat. 203), as amended; 32 U. S. C. 175, was expressly repealed by section 16, act of June 15, 1933 (48 Stat. 159). For corresponding provision, see 1282, ante.
1358. Reserve officers; detail to duty with Regular Army.—That the President is hereby authorized to call annually; with their consent, upon application to and selection by the War Department, for a period of not more than one year for any one officer, not to exceed at any time one thousand Reserve officers of the combatant arms and the Chemical Warfare Service in the grade of second lieutenant, for active duty with the Regular Army: Provided, That nothing herein contained shall affect the number of reserve officers that may be called to active duty under, existing laws, nor the conditions under and the purposes for which they may be so called. Sec. 1, act of Aug. 30, 1935 (49 Stat. 1028); 10 U. 8. C. 3690.
Provided further, That the President is hereby authorized to call to active duty with the Regular Army such number of officers of the Organized Reserves and for such time as may be necessary to meet the demands made and to be made upon the Engineer Corps of the Regular Army notwithstanding the provisions of section 37a of the Act of June 3, 1916, as amended: Act of June 26, 1936 (49 Stat. 1974); 10 U. 8. C. 1810.
The 1929 text of this section, based on sec. 81, National Defense Act as amended; 32 U. S. C. 70, was repealed by section 16, act of June 15, 1933 (48 Stat. 159).
For section 37a, referred to above, see 1353, ante.
1358a. Reserve officers; discharge.-* • Provided, That an officer of the Officers' Reserve Corps shall be entitled to be relieved 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 President. * Nothing in this Act shall operate to deprive an officer of the reserve appointment he now holds: Provided, That this shall not apply to the discretionary-discharge power of the President previously mentioned. • Sec, 37, act of June 3, 1916 (39 Stat. 189); 8cc, 32, act of June 4, 1920 (41 Stat. 776); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); 8cc. 3, act of June 15, 1938 (48 Stat. 154); 10 U. 8. C. 358.
Policies and regulations affecting the discharge of reserve officers are to be prepared by committees of the War Department General Staff, under 1339, ante.
Notes of Decisions Character of separation.—An officer's dis- | able discharge merely because during his charge from the Army under sec. 9 of the commissioned service charges alleging rioact of May 18, 1917 (40 Stat. 76, 82), lation of the articles of war were placed coupled with an honorable-discharge bonus against him, but never supported or proved, (act of February 24, 1919), may not be con- and on which he was never brought to trial sidered, under the pay statutes, a dishonor- | Moore v, U. S. (1933), 76 Ct. Cl. 753.
1359. Reserve officers; promotion and transfer.-* 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 regulations as may be prescribed by the Secretary of War, and shall be based so far as practicable upon recommendations made in the established chain of command.
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. 8. C. 360.
Policies and regulations affecting the promotion and transfer of reserve officers are to be prepared by committees of the War Department General Staff, under 1339, ante. 1360. Reserve officers; retirement rights.—*
A reserve officer shall not be entitled to retirement or retired pay. Sec. 37a, added to act of June 3, 1916, by sec. 32, act of June 4, 1920 (41 Stat. 776); 10 U. S. C. 364.
Provided, That no reserve officer appointed pursuant to this Act shall be entitled to retirement, or to retired pay, *. Sec. 476, added to act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 778); 10 U. 8. C. 364. 1361. Reserve officers; status when not on active duty
* Members of the Officers' Reserve Corps, while not on active duty, shall not, by reason solely of their appointments, oaths, commissions, or status as such, or any duties or functions performed or pay or allowances received as such, be held or deemed to be officers or employees of the United States, or persons holding any office
of trust or profit or discharging any official function under or in connection with any department of the Government of the United States. Sec. 37, act of June 3, 1916 (39 Stat. 189); sec. 32, act of June 4, 1920 (41 Stat. 776); act of July 1, 1930 (46 Stat. 841); sec. 3, act of June 15, 1933 (48 Stat. 154); 10 U. S. C. $72. 1362. For text of this section as published in the 1929 Edition, see 1340b, ante. 1363. For text of this section as published in the 1929 Edition, see 1339b, ante. 1364. For text of this section as published in the 1929 Edition, see 1339a, ante. 1365. Reserve officers; voluntary service.—*
Provided further, That section three of the Act approved February twenty-seventh, nineteen hundred and six, entitled, “An Act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and six, and for prior years and for other purposes,” shall not be construed to prohibit the Secretary of War from accepting the gratuitous services of members of the Officers' Reserve Corps of the Army in the furtherance of the enrollment, organization, and training of the Officers' Reserve Corps, the Reserve Officers' Training Corps, or the Enlisted Reserve Corps of the Army or in consultation upon matters relating to the military service. Act of May 12, 1917 (40 Stat. 72); 31 U. S. C. 666. For the provision of sec. 3, act of Feb. 27, 1906, referred to above, see 699, ante. 1366. Reserve officers; fight training.-*
no part of such total sum (of the total of such amounts) shall be available for any expense incident to giving flight training to any officer of the Officers' Reserve Corps unless he shall be found physically and professionally qualified to perform aviation service as an aviation pilot, by such agency as the Secretary of War may designate. * Title I, act of Feb. 23, 1931 (46 Stat. 1297), making appropriations for the support of the War Department.
The original text of this section, based on act of February 28, 1929 (45 Stat. 1370), making appropriations for the support of the War Department, is superseded by the above, which has been repeated in subsequent appropriation acts.
A similar provision as to the Naval Reserve is found in sec. 1, act of March 15, 1934, making appropriations for the Navy Department (48 Stat. 407), and subsequent appropriation acts.
1366a. Reserve officers, warrant officers, and enlisted men; duty in connection with national matches.-_*
Provided further, That officers, warrant officers, and enlisted men of the * * * Organized Reserves may be ordered to duty, with their consent, for the care, maintenance, and operation of the ranges used in the conduct of the national matches
Title 1, War Department appropriation act of May 15, 1936 (49 Stat. 1300).
For pay and allowances while so engaged, see 1561, post.
Applications for patents, '1367.
Inventions made by persons serving abroad Publication of inventions during war; com- with the forces of tbe United States,
pensation for use by Government, 1368. 1371. Inventions by military or civilian personnel Inventions in connection with chemistry, of the Government, 1369.
1371a. Remedy for unlicensed use of inventions by Procurement of patents by War Department, the United States, 1370.,
1371b. 1367. Applications for patents.-All applications for patents shall be completed and prepared for examination within six months after the filing of the application, and in default thereof, or upon failure of the applicant to prosecute the same within six months after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned by the parties thereto, unless it be shown to the satisfaction of the Commissioner of Patents that such delay was unayoidable: Provided, however, That no application shall be regarded as abandoned which has become the property of the Government of the United States and with respect to which the head of any department of the Government shall have certified to the Commissioner of Patents, within a period of three years, that the invention disclosed therein is important to the armament or defense of the United States: Provided further, That within ninety days, and not less than thirty days, before the expiration of any such three-year period the Commissioner of Patents shall, in writing, notify the head of the department interested in any pending application for patent, of the approaching expiration of the three-year period within which any application for patent shall have been, pending. R. 8. 4894, sec. 1, act of July 6, 1916 (39 Stat. 348); sec. 1, act of Mar, 2, 1927 (44 Stat. 1935).; 35 U. S, C. 37.
Provisions for extension of time for filing application were made by act Aug. 17, 1916 (39 Stat. 516).
1368. Publication of inventions during war; compensation for use by Government.---That whenever during a time when the United States is at war the publication of an invention by the granting of a patent might, in the opinion of the Commissioner of Patents, be detrimental to the public safety or defense or might assist the enemy or endanger the successful prosecution of the war he may order that the invention be kept secret and withhold the grant of a patent until the termination of the war: Provided, That the invention disclosed in the application for said patent may be held abandoned upon it being established before or by the commissioner that in violation of said order said invention has been published or that an application for a patent therefor has been filed in a foreign country by the inventor or his assigns or legal representatives, without the consent or approval of the Commissioner of Patents, or under a license of the Secretary of Commerce as provided by law.
When an applicant whose patent is withheld as herein provided and who faithfully obeys the order of the Commissioner of Patents above referred to sball tender his invention to the Government of the United States for its use,