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Page:United States Statutes at Large Volume 61 Part 1.djvu/67

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61 STAT.] 80THI CONG., 1 ST SESS.-CH. 38 -APR. 16 , 1947 over twenty-one years of age, and who meets the physical and other qualifications prescribed by the Secretary of War, may be appointed a commissioned officer in the Army Nurse Corps, or the Women's Medical Specialist Corps, Regular Army, established by this Act, in a grade as prescribed in section 104 hereof: Provided, That a person appointed a commissioned officer in the Army Nurse Corps under this provision shall not have attained the age of thirty-five on the date of nomination by the President, shall be otherwise qualified and, during any of the wars in which the United States is presently engaged, shall have served honorably on active duty as a commissioned officer of the Army of the United States, pursuant to the Act of June 22, 1944 (58 Stat. 324), or as a member, including the status of Reserve nurse, of the Army Nurse Corps created by chapter V of the Act of July 9, 1918 (40 Stat. 879): Provided further, That no person shall be appointed a commissioned officer in the Women's Medical Specialist Corps under this section, except a person otherwise qualified, who during any of the wars in which the United States was engaged served honorably on active duty as a dietitian or physical therapist with the Medical Department of the Army of the United States appointed pur- suant to the Act of June 22, 1944 (58 Stat. 324). or who served honor- ably as an occupational therapist with the Medical Department of the Army in the status of a civilian employee. SEC. 104. A person appointed under the provisions of this title who is credited. as provided in section 105 hereof, with less than the mini- mum length of service now or hereafter prescribed for promotion of promotion-list officers to the grade of first lieutenant, shall be appointed in the grade of second lieutenant; a person credited with service equal to or greater than the minimum length of service now or hereafter prescribed for promotion of promotion-list officers to the grade of first lieutenant, but less than the minimum length of service now or hereafter prescribed for promotion of promotion-list officers to the grade of captain, shall be appointed in the grade of first lieu- tenant; a person credited with service equal to or greater than the minimum length of service now or hereafter prescribed for promotion of promotion-list officers to the grade of captain, shall be appointed in the grade of captain; majors and lieutenant colonels shall be appointed by selection, to fill vacancies in those grades from among persons who are appointed or are qualified for appointment in the grade of captain: Provided, That no person shall be appointed in the Army Nurse Corps or the Women's Medical Specialist Corps in a grade higher than the rank (either actual or relative) which such per- son held during any of the wars in which the United States was engaged. SEC. 105. (a) For the purposes specified in subsection (b) hereof, each person appointed pursuant to provisions of this title shall, at the time of her appointment, be credited with whichever is the greater of the following two periods of service: (1) A period of service equal to the number of years, months, and days which such person served on active Federal military service either as a member (including the status of Reserve nurse) of the Army Nurse Corps created by chapter V of the Act of July 9, 1918 (40 Stat. 879), as amended, or as a dietitian or physical therapist with the Medical Department of the Army under the provisions of the Act of December 22. 1942 (56 Stat. 1072) or in the status of a commissioned officer in the Army of the United States under appointment pursuant to the Act of June 22, 1944 (58 Stat. 324); or (2) a period of service determined constructively in accordance with regulations prescribed by the Secretary of War: Provided, That in computing the total period of active Federal military service each such person honorably discharged or separated from active Federal military 43 50U.S.C.app. §§ 1591-1598. 10u.s. . §§ 161- 163, 782, 783, 850 . Dietitianorphysical therapist. Occupational ther- apist. Appointments de- termined by length of service. App(illnlitents by selecti 11. Itest ric illl. Crediting of service. lo r. S.C. c. 16!- 163, 782, 783, 860. lor. s.C.§5Sl note. 1i4 and note; 37 U.S. C. §113 note. Post, p. 52. 50U.S.C.app. §51591-1598. Period from dis- charge, etc., to ap- pointment.