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H.R. 5426 (82nd): An Act relating to the Reserve components of the Armed Forces of the United States


The text of the bill below is as of Jul 9, 1952 (Passed Congress).


66   STAT.]           P U B L I C LAW 4 7 6 - J U L Y 9, 1952                                           481

Public Law 476                                  .        ./,.   CHAPTER608
                                    AN A C T                                              Tilly 9, 1952
Relating to t h e reserve components of the Armed Forces of the United States.            TH.R. 5426]


 Be it ermcted hy the Senate and House of Representatives                   of the
United States of America in Congress assembled^                                          Arme d F orces
                                                                                       R e s e r v e A c t of
                                                                                       1952.
                                  SHORT TITLE                   .

That this Act may be cited as the "Armed Forces Reserve Act of 1952".
                            T A B L E O F CONTENTS
                                                                            Sections
Part        I. Definitions                                                      101
Part      II. Reserve components generally                                  201-259
                    Chapter 1. Mission and general organization             201-216
                    Chapter 2. Appointments and enlistments                 217-232
                    Chapter 3. Duty and release from duty                   233-239
                    Chapter 4. Pay, allowances, and benefits                240-245
                    Chapter 5. Civil employment                             246-247
                    Chapter 6. Separation                                   248-249
                    Chapter 7. Administration                               250-259
Part    I I I . Reserve components of the Army                              301-304
Part     IV. Reserve components of the Navy, Marine Corps, and Coast
                  Guard                                                     401-414
Part       V. Naval Militia                                                 501-504
Part     VI. Reserve components of the Air Force                            601-603
Part    VII. National Guard of t h e United States and t h e Air National
                  Guard of the United States                                701-714
Part   VIII. Appropriations, repeals, amendments, and miscellaneous
                  provisions                                                801-813

                  P A R T I—GENERAL PROVISIONS

   SEC. 101. When used in this Act—                                        Definitions.
   (a) "Duty" means military service of any nature under orders or
authorization issued by competent authority,
   (b) "Active duty" means full-time duty in the active military service
of the United States, other than active duty for training.
   (c) "Active duty for training" means full-time duty in the active
military service of the United States for training purposes.
   (d) "Inactive-duty training" means any of the training, instruction,
duty, appropriate duties, or equivalent training, instruction, duty, ap-
propriate duties, or hazardous duty, performed with or without com-
pensation by members of the reserve components of the Armed Forces
of the United States as may be prescribed by the appropriate Secre-
tary pursuant to section 501 of the Career Compensation Act of 63 sut^ 825.
1949, as amended, or any other provision of law, and in addition thereto use 143, 154! 37
includes the performance of special additional duties, as may be author- "^^ ^°^*
ized by competent authority, by such members on a voluntary basis in
connection with the prescribed training or maintenance activities of
the unit to which the members are assigned. Work or study per-
formed by such members of the reserve components in connection
with correspondence courses of the Armed Forces of the United States
shall be deemed inactive-duty training for which compensation is
not authorized under the provisions of section 501 of the Career Com-
pensation Act of 1949, as amended. Any inactive-duty training per-
formed by members of the National Guard of the United States or
of the Air National Guard of the United States, while in their status
as members of the National Guard or Air National Guard of the
several States, Territories, and the District of Columbia pursuant
to section 92 of the National Defense Act, as amended, or pursuant         \\ ^^ ^l^^'

482 PUBLIC LAW 476-JULY 9, 1952 [66 S T A T . to any other provision of law, shall be deemed to be inactive-duty training in the service of the United States as members of one of the reserve components specified in section 202 of this Act. (e) "Armed Forces of the United States" means the Army, Navy, Air Force, Marine Corps, and Coast Guard, including all components thereof. (f) "Member of a reserve component" means a person appointed or enlisted as a Reserve of an Armed Force of the United States or a person who acquires such status by transfer pursuant to law to any of the reserve components specified in section 202 of this Act: Provided^ That no person shall be a member of the National Guard of the United States or the Air National Guard of the United States unless he first be duly enlisted or appointed in the National Guard or the Air National Guard of the appropriate State, Territory, or the District of Colum- bia, pursuant to law. (g) "Officer" unless otherwise specified, means a commissioned or V.'arrant officer. (h) "Appropriate Secretary" means— (1) the Secretary of the Army with respect to the A r m y ; (2) the Secretary of the Navy with respect to the Navy and Marine Corps and, when the Coast Guard is operating as a service in the Navy, the Coast Guard; (3) the Secretary of the Air Force with respect to the Air Force; or (4) the Secretary of the Treasury with respect to the Coast Guard, when the Coast Guard is operating as a service in the Trer.sury Department. (i) "Competent authority" means any authority designated by the appropriate Secretary. (j) "Partial mobilization" means that action taken by the Con- gress or the President pursuant to any provision of law, to effect the entry into the active military service of the United States of such units and members thereof, or of such members not assigned to units organized for the purpose of serving as such, of any reserve com- ponent of the Armed Forces of the United States as are required to effect a limited expansion of the active Armed Forces of the United States. PART II—RESERVE COMPONENTS GENERALLY CHAPTER 1—MISSION AND GENERAL ORGANIZATION SEC. 201. (a) The Congress hereby declares that the reserve com- ponents of the Armed Forces of the United States are maintained for the purpose of providing trained units and qualified individuals to be available for active duty in the Armed Forces of the United States in time of war or national emergency, and at such other times as the national security may require, to meet the requirements of the Armed Forces of the United States in excess of those of the Regular components thereof, during and after the period needed for procure- ment and training of additional trained units and qualified in- dividuals to achieve the planned mobilization. (b) The Congress further declares, in accordance with our tradi- tional military policy as expressed in the National Defense Act of 39 Stat. 166. 1916, as amended, that it is essential that the strength and organiza- note. ^ ^ ^ ^ ^ ^ *" tion of the National Guard, and the Air National Guard, as an in- tegral part of the first line defenses of this Nation, be at all times .: maintained and assured. I t is the intent of the Congress that when- ever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the ground forces and the air forces, the National Guard of the United States, and the Air National Guard of the United States,
66 STAT.] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 483 or such part thereof as may be necessary, together with such units of the other reserve components as are necessary for a balanced force, shall be ordered into the active military service of the United States and continued therein so long as such necessity exists. SEC. 202. The reserve components are— Reserve compo- nents. (a) The National Guard of the United States; (b) The Army Reserve; (c) The Naval Reserve; (d) The Marine Corps Reserve; (e) The Air National Guard of the United States; (f) The Air Force Reserve; and (g) The Coast Guard Reserve. SEC. 20S. The maximum numerical strength of each of the reserve components referred to in section 202 of this Act shall be as authorized by the Congress, or, in the absence of such authorization, shall be fixed by the President. SEC. 204. There shall be within each of the Armed Forces of the United States a Ready Reserve, a Standby Reserve, and a Retired Reserve, and each member of the reserve components shall be placed in one of these categories. Ready Reserve. SEC. 205. (a) The Ready Reserve consists of those units or members of the reserve components, or both, who are liable for active duty either in time of war, in time of national emergency declared by the Congress or proclaimed by the President, or when otherwise author- ized by law. (b) The authorized aggregate personnel strength of the Ready Reserve shall not exceed a total of one million five hundred thousand. SEC. 206. (a) The Standby Reserve consists of those units or members Standby R e - serve. of the reserve components (other than members in the Retired Re- serve), or both, who are liable for active duty only in time of war or national emergency declared by the Congress, or when otherwise authorized by law. (b) Except in time of war, or unless otherwise authorized by Con- gress— (1) no unit of the Standby Reserve organized for the purpose of serving as such nor the members thereof shall be ordered to active duty unless the appropriate Secretary (with the approval of the Secretary of Defense in the case of a Secretary of a military depart- ment) determines that adequate numbers of the required types of units of the Ready Reserves-are not readily available, and (2) no other member of the Standby Reserve shall be ordered to active duty as an individual without his consent unless the appropriate Secretary (with the approval of the Secretary of Defense in the case of a Secretary of a military department) determines that adequate numbers of quali- fied members of the Ready Reserve in the required category are not readily available. SEC. 207. (a) The Retired Reserve consists of those members of the Retired R e s e r v e . reserve components whose names are placed on reserve retired lists established pursuant to subsection (b) of this section. (b) I n accordance with regulations prescribed by the appropriate Secretary, reserve retired lists shall be established upon which will be placed the names of those members of the reserve- components who make application therefor, if otherwise qualified. Such reserve retired lists shall be in addition to the Army of the United States Retired List, the Air Force of the United States Retired List, and the United States Naval Reserve Retired List authorized pursuant to section 301 62 Stat. 1087. 10 u s e 1036;; of the Army and Air Force Vitalization and Retirement Equalization 34 u s e 440h. Act of 1948, as amended. (c) Members in the Retired Reserve may, if qualified, be ordered to active duty involuntarily, but only in time of war or national emer- gency declared by the Congress or when otherwise authorized by law. 93300 O - 53 - 34
484 PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 STAT. R e a d y Reserve SEC. 208. (a) Each person required to serve in a reserve component service. pursuant to law, shall, upon becoming a member of a reserve com- ponent, be placed in the Ready Reserve of his Armed Force for the remainder of his required term of service unless eligible for transfer to the Standby Reserve under subsection (f) of this section. (b) Any member of the reserve components in an active status on the effective date of this Act may be placed in the Ready Raserve. (c) All units and members of the National Guard of the United States and Air National Guard of the United States shall be in the Ready Reserve of the Army and the Air Force, respectively. (d) All members of the reserve components assigned to units organ- ized for the purpose of serving as such, which are designated as units in the Ready Reserve, shall be in the Ready Reserve. (e) Subject to such regulations as the appropriate Secretary may prescribe, any member of the reserve components may, at any time upon his request, be placed in the Ready Reserve if qualified. (f) Except in time of war or national emergency hereafter declared by the Congress, any member of the reserve components who is not serving on active duty in the Armed Forces of the United States shall, upon his request, be transferred to the Standby Reserve for the remainder of his term of service— (1) if he has served on active duty in the Armed Forces of the United States for not less than a total of five years; (2) if, having served on active duty in the Armed Forces of the United States for a total of less than five years, he has satis- factorily participated, as determined by the appropriate Secre- tary, in an accredited training program in the Ready Reserve for a period which when added to his period of active duty in the Armed Forces of the United States totals not less than five years or such lesser period of time as the appropriate Secretary (with the approval of the Secretary of Defense in the case of a Secre- tary of a Military Department) may prescribe in the case of satisfactory participation in such accredited training programs as the appropriate Secretary may designate; (3) if he has served on active duty in the Armed Forces of the United States for not less than twelve months between December 7,1941, and September 2,1945, and, in addition thereto, has served on active duty in the Armed Forces of the United States for not less than twelve months subsequent to June 25, 1950; or (4) if he has served as a member of one or more reserve com- ponents subsequent to September 2, 1945, for not less than eight years. (g) No member of the National Guard of the United States or Air National Guard of the United States shall be transferred to the Standby Reserve without the consent of the governor or other appro- priate authority of the State, Territory, or District of Columbia corcerned. (h) Subsection (f) of this section shall not apply to any member of the reserve components in the Ready Reserve while serving under an agreement to remain therein for a stated period. (i) Subject to subsection (g) of this section, any member of the reserve components in the Ready Reserve may be transferred into the Standby Reserve, or into the Retired Reserve if qualified and if ho makes application therefor, in accordance with such regulations as tlie appropriate Secretary (with the approval of the Secretary of Defense in the case of a Secretary of a Military Department) may prescribe. Transferees. SEC. 209. (a) A person transferred to a reserve component of an Armed Force of the United States pursuant to the Universal Military
66 STAT.] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 485 Training and Service Act, as amended, shall, if qualified and accepted, 62 Stat. 6 0 4; 65 Stat. 75. be permitted to enlist or accept an appointment in such Armed t'orce 50 USCapp. 451. of the United States as he may elect (except that consent of the appro- priate Secretaries shall be required for enlistment or appointment as a Reserve of another Armed Force of the United States) and to participate in such programs as are authorized for such Armed Force of the United States. Any such person who enlists or is appointed in an Armed Force of the United States shall be req^uired to perform the remaining period of his required term of service in the Armed Force of the United States in which such enlistment or appointment is made, or in any other Armed Force of the United States in which he subsequently enlists or is appointed. All periods of such participation shall be credited against total periods of obli- gated service imposed by the Universal Military Training and Serv- ice Act, as amended, but no period of time shall be credited more than once. (b) Nothing in this section shall be construed to reduce, limit, or modify any period of service which any person may undertake to per- form pursuant to any enlistment or appointment or agreement, includ- ing an agreement entered into prior to, or at the time of, entering a program authorized by an Armed Force of the United States. Standby Re- SEC. 210. All members of the reserve components who are not in the serve. Ready or Retired Reserve shall be in the Standby Reserve, Inactive s t a t us SEC. 211. (a) Within the Standby Reserve, an inactive status list list. shall be maintained. When deemed by competent authority to be in the best interests of the service concerned, members in the Standby Reserve who are not required to remain members of a reserve com- ponent and who are unable to participate in prescribed training may, if qualified, be transferred to the inactive status list, in accordance with regulations prescribed by the appropriate Secretary. Such regula- tions shall provide for the return of such members to an active status under such conditions as the appropriate Secretary shall prescribe. (b) Members of the reserve components in an inactive status shall not be eligible for pay, promotion, or award of retirement point credits under Title I I I of the Army and Air Force Vitalization and Retire- 62 Stat. 1087. 10 u s e 1 0 3 6 - ment Equalization Act of 1948, as amended. 1 0 3 6 1 ; 3 4 US C 440h-440q. SEC. 212. (a) Each member of the reserve components shall be in an active, inactive, or retired status. (b) Members in the reserve components shall be in an active status, except those on an inactive status list, members in the Retired Reserve, and those assigned to the inactive National Guard. (c) Members of the reserve components on an inactive status list and members assigned to the inactive National Guard shall be in an inactive status. (d) Members of the Retired Reserve shall be in a retired status. SEC. 213. (a) Every person who is a member of a reserve com- Retention of sta- tus. ponent on the effective date of this Act shall be deemed, without further action, to retain his active, inactive, or retired status in his reserve component. Any such member in an honorary Reserve status or an honorary Retired Reserve status when this Act takes effect shall be placed in the Retired Reserve of the appropriate Armed Force of the United States. (b) Any person who is on the honorary retired list of the Naval Reserve or the Marine Corps Reserve when this Act takes effect shall be placed in the Retired Reserve of the appropriate Armed Force of the United States. T r a i n i n g cate- SEC. 214. Except in the case of the National Guard of the United gories. States and the Air National Guard of the United States, each reserve component shall be divided into training categories according to the
486 PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 STAT. types and degrees of training including the number and duration of drills or equivalent duties to be completed in stated periods of time, as the appropriate Secretary prescribes. The designation of such training categories shall be the same for each Armed Force of the United States and the same within the Keady Reserve and the Standby Reserve. Officer candi- SEC. 215. (a) Within such numbers as may be prescribed by the dates. appropriate Secretary, enlisted members of the reserve components may, with their consent, be selected for training as officer candidates, and members so selected shall be designated as officer candidates for the period of such training: Provided^ That when not in the active military service of the United States, no member of the National Guard of the United States or Air National Guard of the United States shall be so selected, or designated, without the consent of the governor or other appropriate authority of the State, Territory, or District of Columbia concerned. N u me r i (b) Subject to any limitations imposed on the authorized numerical strength. strength of each reserve component, the numbers of officers and en- listed personnel authorized in the various ranks, grades, and ratings shall be the numbers determined by the appropriate Secretary to be necessary to provide for planned mobilization requirements. The appropriate Secretary shall review such determinations not less than once annually and revise them as he deems necessary. No member of a reserve component shall be involuntarily reduced in his permanent rank, grade, or rating as a result of such a determination. Promotion. SEC. 216, (a) The appropriate Secretary shall establish an adequate and equitable system for the promotion of members of the reserve components in an active status. Such promotion system shall, insofar as practicable, be similar to that provided for members of the Regular component of the appropriate Armed Force of the United States. Promotion policies for officers of the reserve components shall be based upon the mobilization requirements of the appropriate Armed Force of the United States in order to provide qualified officers in each grade, at ages suitable to their assignments and in numbers commen- surate with mobilization needs. In order that vigorous reserve forces )nay be maintained, necessary leadership encouraged, and a steady flow of promotion provided, such promotion systems shall provide for forced attrition to the extent necessary. Precedence. (b) The relative precedence of Reserve officers and Regular officers shall be determined in accordance with their respective dates of rank in grade. CHAPTER 2—APPOINTMENTS AND ENLISTMENTS Qualif ic ations. SEC. 217. (a) Subject to the limitation that no person, other than a person who has had prior service in the Armed Forces of the United States or the National Security Training Corps, shall be appointed or enlisted as a Reserve in the Armed Forces of the United States who is not a citizen of the United States, its Territories or possessions, or who has not made a declaration of intent to become a citizen thereof, the appropriate Secretary shall, except as otherwise provided by law, prescribe physical, mental, moral, professional, and age qualifications for appointment or enlistment of Reserve members of the Armed Forces of the United States. No person shall be appointed as a Reserve officer in any of the Armed Forces of the United States who is under the age of eighteen years. (b) Women may be appointed or enlisted as Reserves in the Armed Forces of the United States for service in the Army Reserve, the Naval Reserve, the Marine Corps Reserve, and the Air Force Reserve, as appropriate, in the same grades, ranks, and ratings, as are author-
66 STAT.] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 9x^' ized for women in the Regular component of the appropriate Armed Force of the United States. Women may be appointed or enlisted in the Coast Guard Reserve as provided in section 762, title 14, United 63 Stat. 554. States Code. Any female former officer or enlisted woman of an Armed Force of the United States may, if otherwise qualified, be appointed or enlisted as a Reserve in that Armed Force of the United States in the highest rank, grade, or rating satisfactorily held by her on active dut3^ (c) Except in the case of Adjutants General and Assistant Restriction. Adjutants General of the several States, Territories, and the District of Columbia, a person who has not held an appointment as a commis- sioned officer in any of the Armed Forces of the United States, or any component thereof, may not be appointed as a commissioned officer in a grade higher than major ol* lieutenant commander in any of the Armed Forces of the United States except upon the recommendation of a board of officers convened by the appropriate Secretary. Officer grades. SEC. 218. The President, by and with the advice and consent of the Senate, shall make all appointments of Reserves in general or flag officer grades. SEC. 219. The President shall make all appointments of Reserves in commissioned grades below general or flag officer grades. SEC. 220. The appropriate Secretary shall make all appointments of Reserves in warrant officer grades. SEC. 221. All Reserve commissioned officers shall hold appointment during the pleasure of the President. SEC. 222. (a) To become an officer of a reserve component an indi- vidual shall be appointed as a Reserve commissioned officer or Reserve warrant officer of an Armed Force of the United States in a grade corresponding to one of the grades of the Regular component of that Armed Force of the United States and subscribe to the oath prescribed by section 1757 of the Revised Statutes, as amended (5 U. S. C. 16) : Provided, That no person shall become a member of the National Guard of the United States or Air National Guard of the United States in a commissioned officer or warrant officer grade, hereunder, unless he first be appointed to and federally recognized in the same commissioned or warrant officer grade in the National Guard or Air National Guard in the appropriate State, Territory, or the District of Columbia and subscribe to the oath provided in section 73 of the National Defense use 39 Stat. 201. 32 112. Act, as amended. (b) Each person appointed in a commissioned officer grade as a Reserve in an Armed Force of the United States shall be commissioned as a Reserve officer in the Army of the United States, the United States Navy, the United States Marine Corps, the United States Air Force, or the United States Coast Guard, as appropriate. SEC. 223. Reserve warrant officers shall hold appointment during the pleasure of the appropriate Secretary. Indefinite term of SEC. 224. After the date of enactment of this Act, all appointments appointment. of Reserve officers shall be for an indefinite term. All officers holding appointments on the date of enactment in the National Guard of the United States, or the Officers' Reserve Corps, or the Naval Reserve, or the Marine Corps Reserve,* or the Air National Guard of the United States, or the Air Force Reserve, or the Coast Guard Reserve shall be considered to hold such appointments as Reserve officers, as the case may be, in the Army, Navy, Marine Corps, Air Force, or Coast Guard, as appropriate, and in the case of commissioned officers to hold com- missions as provided in section 222 (b) of this Act. Each such officer not holding an appointment for an indefinite term on the date of enactment of this Act shall be given an appointment for an indefinite term in lieu of his current appointment if such officer, after written
488 PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 ST A T . notification by competent authority which shall be given within six months from the effective date of this Act, shall agree in writing to have his current appointment continued for an indefinite term. I n the event such officer does not so agree in writing, the term of his present appointment shall not be changed by this section. All persons now enlisted in the National Guard of the United States, or the Enlisted Reserve Corps, or the Naval Reserve, or the Marine Corps Reserve, or the Air National Guard of the United States, or the Air Force Reserve, or the Coast Guard Reserve shall be considered to be enlisted as Reserves in the Army, Navy, Marine Corps, Air Force, or Coast Guard, as appropriate, without change in the periods of their current enlistments. P h y s i c a l exami- nations. SEC. 225. When not on active duty all members of the reserve com- ponents, except those in the Retired Reserve, shall be given physical examinations at least once every four years, or more often as the appro- priate Secretary deems necessary, and shall be required to submit per- sonal certificates of physical condition annually. P h y s i c a l l y di s - SEC. 226. Except as otherwise provided by law, the appropriate qualified pers o n- nel. Secretary may provide for the honorable discharge, or transfer to a retired status, of members of the reserve components who are found not physically qualified for active duty: Provided^ That no member of the National Guard of the United States or Air National Guard of the United States may be so transferred without the consent of the governor or other appropriate authority of the State, Territory, or District of Columbia concerned. I n determining physical qualifica- tions for active duty, due consideration shall be given to the character of the duty to which the member may be assigned in the event he should be ordered to active duty pursuant to law. T e r m of enlist- SEC. 227. (a) Except as otherwise provided by law and subject to ment. the provisions of subsection (b) of this section, enlisted members of the reserve components shall be enlisted for such periods as the appro- priate Secretary prescribes. (b) Unless sooner terminated by the appropriate Secretary, all enlistments as Reserves in the Armed Forces of the United States, in force at the beginning of a war or national emergency hereafter declared by the Congress or entered into during the existence of such war or national emergency, which otherwise would expire, shall con- tinue in force until six months after the termination of the war or national emergency, whichever is later. (c) I n time of war or national emergency hereafter declared by the Congress, the period of service of any member of a reserve component who has been transferred thereto pursuant to law, unless sooner ter- minated by the appropriate Secretary, shall, if such period of service otherwise would expire, be extended until six months after the termi- nation of the war or national emergency, whichever is later. Enlistments. SEC. 228. To become an enlisted member of a reserve component an individual shall be enlisted as a Reserve of an Armed Force of the United States and subscribe to the oath prescribed by section 8 of the 64 Stat. 146. 50 u s e 737. Act of May 5, 1950, as amended, or be transferred to a reserve com- ]Donent pursuant to law: Provided^ That no person shall become an enlisted member of the National Guard of the United States or Air National Guard of the United States, hereunder, unless he first be duly enlisted in the National Guard or Air National Guard of the appropriate State, Territory, or the District of Columbia, subscribe 39 Stat. 201. 32 u s e 123. to the oath provided in section TO of the National Defense Act, as amended, and is a member of a federally recognized unit or organiza- tion thereof in the same grade. D u a l m e m b er- SEC. 229, Except as otherwise provided by this Act, no person shall ship. be a member of more than one reserve component at the same time.
66 S T A T . ] P U B L I C LAW 4 7 6 - J U L Y 9, 1952 489 SEC. 230. ( a ) When an enlisted member of a reserve component is dateO f f i c e r candi- s. designated as an officer candidate for temporary service in such cate- gory, his enlistment or period of service therein is extended by such period as he may remain in such officer candidate status beyond the normal expiration date thereof. (b) No person while designated an officer candidate pursuant to this Act shall participate in any Reserve Officer Training Corps program of the Armed Forces of the United States. SEC. 231. Any Reserve officer whose age exceeds the maximum age Age limitations. prescribed for his grade and classification may be separated, or retained in or transferred to an active, inactive, or, upon his applica- tion, a retired status, as the appropriate Secretary may prescribe: Provided, That no officer of the National Guard of the United States or A i r National Guard of the United States shall be so retained or transferred without the consent of the governor or other appropriate authority of the State, Territory, or t h e District of Columbia concerned. Limited service SEC. 232. Persons who are otherwise qualified but who have physical personnel. defects, \yhich as determined by the appropriate Secretary will not interfere with the performance of general or special duties to which they may be assigned, may be appointed or enlisted as Reserves in any of the Armed Forces of the United States. CHAPTER 3 — D U T Y AND RELEASE FROM D U T Y SEG. 233. (a) I n time of \yar or national emergency hereafter Active duty. declared by the Congress, or when otherwise authorized by law, any unit and the members thereof, or any member not assigned to a unit organized for the purpose of serving as such, of any reserve component may, by competent authority, be ordered to active duty for the dura- tion of the war or national emergency and for six months thereafter, but members on an inactive status list or in a retired status shall not be ordered to active duty without their consent unless the appropriate Secretary (with the approval of the Secretary of Defense in the case of a Secretary of a Military Department) determines that adequate numbers of qualified members of the reserve components in an active status or in the inactive National Guard in the required category are not readily available. Involuntary a c- (b) (1) I n time of national emergency hereafter proclaimed by the tive duty. President or when otherwise authorized by law, any unit and the members thereof, or any member not assigned to a unit organized for the purpose of serving as such, in the Ready Reserve of any reserve component may, by competent authority, be ordered to and required to perform active duty involuntarily for a period not to exceed twenty- four consecutive months: Provided, That Congress shall determine the number of members of the reserve components necessary for the national security to be ordered to active duty, pursuant to this sub- section prior to the exercise of the authority contained in this sub- section. (2) I t is the policy of the Congress in tiew of hardship situations developed by the Korean hostilities that in the interest of fair treat- ment as between members in the Ready Reserve involuntarily recalled for duty, attention shall be given to the duration and nature of pre- vious service, with the objective of assuring such sharing of hazardous exposure as the national security and the military requirement will reasonably permit, to family responsibilities, and to employment found to oe necessary to the maintenance of the national health, safety, or interest. The Secretary of Defense shall promulgate such policies Report. and establish such procedures as may be required in his opinion to
PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 ST AT. carry out our intent here declared, and shall from time to time, and at least annually, report to the Committees on Armed Services of the Congress respecting the same. Annual training. (c) At any time, any unit and the members thereof, or any membar not assigned to a unit organized for the purpose of serving as such, in an active status in any reserve component may, by competent authority, be ordered to and required to perform active duty or active duty for training, without his consent, for not to exceed fifteen days annually: Provided, That units and members of the National Guard of the United States or the Air National Guard of the United States shall not be ordered to or required to serve on active duty in the service of the United States pursuant to this subsection without the consent of the Governor of the State or Territory concerned, or the Commanding General of the District of Columbia National Guard. Voluntary active (d) A member of a reserve component may, by competent authority, duty. be ordered to active duty or active duty for training at any time with his consent: Provided, That no member of the National Guard of the United States or Air National Guard of the United States shall be so ordered without the consent of the Governor or other appropriate authority of the State, Territory, or District of Columbia concerned. Notice. (e) A member of a reserve component ordered into the active mili- tary service of the United States will be allowed a reasonable period of time between the date he is alerted for active duty and the date on which he is required to enter upon active duty. Such period shall be at least thirty days unless military conditions as determined by the appropriate Secretary do not permit. U t i l i z a t i o n of (f) In any expansion of the active Armed Forces of the United officers. States which requires the ordering into the active military service involuntarily of individual officers of the reserve components who are not members of units organized for the purpose of serving as such, it shall be the policy to utilize to the greatest practicable extent the serv- ices of qualified and available officers of the reserve components in all grades in accordance with the requirements of branch, grade, and specialty. Organized units. (g) Insofar as practicable, in any expansion of the active Armed Forces of the United States which requires that units and members of the reserve components be ordered into the active military service of the United States, members of units organized and trained for the purpose of serving as a unit shall be ordered involuntarily into active duty only with their units. This shall not be interpreted as pro- hibiting the reassignment of personnel of such units after being ordered into the active military service of the United States. Training and ad- m i n i s t r ation du- SEC. 234, Members of the reserve components may with their consent, ties, etc. and in the case of the members of the National Guard of the United States and Air National Guard of the United States with the consent of the governor or other appropriate authority of the State, Territory, or District of Columbia concerned, be ordered to or retained on active duty to perform duties in connection with organizing, administering, recruiting, instructing, or training the reserve components. Hereafter, members ordered into the active military service of the United States under the provisions of this section shall be so ordered in the grade held by them in the Reserve of their Armed Force, and shall, while so serv- ing, continue to be eligible for promotion in the Reserve of their Armed Force, if otherwise qualified. For the purpose of insuring that mem- bers of the reserve components ordered to or retained on duty under this section receive periodic refresher training in the various cate- gories for which individually qualified, the appropriate Secretary may order those members to duty with any of the Armed Forces of the United States or the components thereof, or otherwise as he sees fit.
66 S T A T . ] P U B L I C LAW 4 7 6 - J U L Y 9, 1952 491 SEC. 235. (a) I n order that members of the reserve components may agreements. "*^ remain on or be ordered to active duty voluntarily for terms of service of definite duration, the appropriate Secretary may, except in time of war hereafter declared by the Congress, enter into standard written agreements with members of the reserve components for periods of active duty not to exceed five years. Upon expiration of an agreement for active duty, a new agreement may be effected pursuant to this section. Each agreement shall provide that the member shall not be released from active duty involuntarily during the period of the agreement— (1) by reason of a reduction in numerical strength of the mili- tary personnel of the Armed Force of the United States concerned unless his release is in accordance with the recommendation of a board of officers appointed by competent authority to determine the members to be released from active duty under regulations prescribed by the appropriate Secretary; or (2) for reasons other than that prescribed in paragraph (1) above without an opportunity to be heard by a board of officers prior to such release, unless such release from active duty is pur- suant to sentence of courts-martial, unexplained absence without leave of three months duration, or final conviction and sentence to confinement in a Federal or State penitentiary or correctional institution. (b) Any member involuntarily released from active duty prior to the expiration of the period of service under his agreement (except when such release is pursuant to sentence of courts-martial, or unex- plained absence without leave of three months duration, or final con- viction and sentence to confinement in a Federal or State penitentiary or correctional institution, or when such release is due to a physical disability resulting from the member's intentional misconduct or will- ful neglect, or when the member is eligible for retirement pay or severance pay under any other provision of law, or when he is placed on a temporary disability retired list, or when he is released for the purpose of accepting an appointment or enlisting in a Regular com- ponent) shall be entitled to receive an amount equal to one month's pay and allowances multiplied by the number of years (including any pro rata part thereof) remaining as the unexpired period of his agree- ment for active duty, such amount to be in addition to any pay and allowances which he may otherwise be entitled to receive. Computa- tion of amounts payable by reason of termination of each such agree- ment shall be based on the basic pay, special pay, and allowances to which the member concerned is entitled at the time of his release from active duty. Fractions of a month less than fifteen days shall be dis- regarded and fifteen days or more shall be counted as one month. (c) A member of a reserve component who enters into a written agreement under this section shall be obligated to serve for the full period of active duty specified in the written agreement. (d) No person shall be offered a written agreement under this sec- tion unless the period of active duty specified in the agreement exceeds by at least twelve months any period of obligated or involuntary active duty to which he is otherwise liable. (e) Agreements entered into pursuant to this section shall be as uni- form as practicable, and shall be subject to such standards and policies as the Secretary of Defense (and the Secretary of the Treasury for the Coast Guard when the Coast Guard is not operating as a service in the Navy) may prescribe. (f) This section shall be effective upon enactment of this Act. SEC. 236. In time of war or national emergency hereafter declared involuntary re- by the Congress or in time of national emergency proclaimed by the
492 PUBLIC LAW 476-JLTLY 9, 1952 [66 ST A T . President after the effective date of this Act, a member of a reserve component whose period of active duty expires under an agreement entered into pursuant to section 235 or this Act may be retained on active duty involuntarily in accordance with law. A s s i g ntnent to duties. SEC. 237. Notwithstanding any other provision of law, members of the reserve components now or hereafter serving on active duty may, under such regulations as may be prescribed by the appropriate Secretary, be detailed or assigned to any duty authorized by law for officers and enlisted members of a Regular component of the Armed Forces of the United States. Partial mobilize SEC. 238. When units or members of the reserve components are tion periods. ordered to active duty during a period of partial mobilization, the appropriate Secretary shall continue to maintain mobilization forces by planning and budgeting to insure the continued organization and training of the reserve components not mobilized, and, consistent with the approved joint mobilization plans, to utilize to the fullest extent practicable the Federal facilities vacated by mobilized units. R e l e a s e from ac- tive duty. SEC. 239. (a) Except as otherwise provided by this Act, the appro- priate Secretary may release any member of the reserve components from active duty or active duty for training at any time. (b) I n time of war or national emergency hereafter declared by the Congress, or in time of national emergency hereafter proclaimed by the President, a member of a reserve component who is serving on active duty, shall not be released from active duty except on the approved recommendation of a board of officers convened by com- petent authority if he requests such action: Provided^ That the pro- visions of this subsection shall not be applicable to any Armed Force during a period of demobilization or reduction in strength of any such Armed Force. , , , CHAPTER 4 — P A Y , ALLOWANCES, AND BENEFITS SEC. 240. Subject to the provisions of this Act, members of the reserve components may be ordered to active duty, active duty for training, or other duty with pay and allowances as provided by law, or, with their consent, without pay. Duty without pay shall be counted for all purposes the same as like duty with pay. SEC. 241. Members of the reserve components retained or continued on active duty or active duty for training pursuant to law after the expiration of their term of service are entitled to pay and allowances while on such duty except to the extent that forfeiture thereof is adjudged by an approved sentence of a court-martial or nonjudicial punishment by a commanding officer, or unless otherwise in a non- pay status pursuant to law. O f f i c e r candi- SEC. 242. When employed on active duty or on active duty for dates. training with pay and when engaged in authorized travel to and from such duty, enlisted members of the reserve components desig- nated as officer candidates under the provisions of section 215 (a) of this Act shall have the pay and allowances of their enlisted grade, 63 Stat. 802. 37 u s e 231 note. but not less than the pay and allowances of pay grade E-2 under the Career Compensation Act of 1949, as amended. Uniform a l l o w - SEC. 243. (a) An officer of a reserve component or of the Army of the United States without component or the Air Force of the United States without component shall be entitled to an initial sum not to exceed $200 as reimbursement for the purchase of required uniforms and equipment, either— (1) upon first reporting for active duty for a period in excess of ninety days; or
66 STAT.] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 493 (2) upon completion, as a member of a reserve component, of not less than fourteen days active duty or active duty for training; or (3) after the performance of fourteen periods of not less than two hours' duration each, of inactive-duty training as a member in the Ready Reserve of a reserve component: Promded, That only duty requiring the wearing of the uniform shall be counted for the purpose of this section: Provided further^ That any initial uniform reimbursement or allowance heretofore or hereafter received as an officer under the provisions of any other law shall be a bar to the entitlement for any initial sum authorized under the provisions of this section: And provided further^ That any individual who has served on active duty as an officer of a Regular component of the Armed Forces of the United States may not be qualified for entitlement under this section by duty performed within two years after separation from such Regular component. (b) An officer of a reserve component shall be entitled to an addi- tional sum of not to exceed $50 for reimbursement for the purchase of required uniforms and equipment, upon completion of each period after the date of enactment of this Act of four years of satisfactory Federal service as prescribed in title I I I of the Army and Air Force 62 Stat. 1087. 10 u s e 1 0 3 6 - Vitalization and Retirement Equalization Act of 1948, as amended, 1 0 3 6 i ; 34 u s e 440h-440q. performed in an active status in a reserve component and which shall include at least twenty-eight days of active duty or active duty for training: Provided^ That any period of active duty or active duty for training for a period in excess of ninety days shall be excluded in determining the period of four years required for eligibility under this subsection: Provided further^ That a person who receives or has heretofore received a uniform reimbursement or allowance as an officer shall not be entitled to the reimbursement provided in this subsection until the expiration of not less than four years from the date of entitle- ment to the last reimbursement or allowance: And provided further^ That, until four years after the date of enactment hereof, an officer may elect to receive the uniform reimbursement not to exceed $50 to which he may be entitled under existing regulations issued pursuant 52 Stat. 1180;56 to section 302 of the Naval Reserve Act of 1938, as amended, or section Stat. 738. 34 U S e 8 5 5 a, 11 of the Act of August 4,1942, as amended. 850 j . (c) An officer of a reserve component or of the Army of the United States without component or of the Air Force of the United States without component entering on active duty or active duty for training on or after June 25,1950, shall be entitled, for each time of such entry or reentry on active duty or active duty for training of more than ninety days' duration to a further sum not to exceed $100 as reimburse- ment for additional uniforms and equipment required on such duty: Provided^ That the reimbursement provided by this subsection shall not be payable to any officer who, under any provision of law, has received an initial uniform reimbursement or allowance in excess of $200 during his current tour of active duty or within a period of two years prior to entering on his current tour of active duty: Provided further^ That the reimbursement provided in this subsection shall not Ibe payable to any officer entering on active duty or active duty for training within two years after completing a previous period of active duty or active duty for training of more than ninety days' duration. (d) The receipt of a uniform and equipment reimbursement as an officer of one of the reserve components shall be a bar to entitlement to a uniform reimbursement upon transfer to or appointment in another, except where a different uniform is required: Provided^ That reimbursement for uniforms and equipment upon transfer to or appointment in another reserve component within the limits and
PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 ST AT. under the conditions prescribed by subsections (a) and (c) of this section may be made in accordance with regulations approved by the Secretary of Defense or the Secretary of the Treasury in the case of the Coast Guard when the Coast Guard is operating as a service in the Treasury Department. Rations. SEC. 244. Section 501 of the Career Compensation Act of 1949, as 63 Stat. 825. 37 u s e 301 and amended, is further amended, by substituting a comma for the colon note. immediately preceding the proviso in subsection (a) thereof, and inserting the following: "and additionally, in the discretion of the Secretary concerned, enlisted members of the above services shall be entitled to rations in kind, or a portion thereof, when the instruction or duty period or periods concerned total eight or more hours in any one calendar day:''. Equity of bene- SEC. 245. (a) All provisions of law applicable to the Organized fits. Keserve Corps or the Air Force Reserve, and to the members thereof and their dependents and beneficiaries, not inconsistent with the pro- visions of this Act, shall be applicable to the Army Reserve and to the Air Force Reserve referred to in this Act, respectively, and to the members thereof and their dependents and beneficiaries. All provisions of law applicable to the Officers Reserve Corps and to the members thereof or to officers of the Air Force Reserve and their dependents and beneficiaries, not inconsistent with the provisions of this Act, shall be applicable to officers of the Army Reserve and the Air Force Reserve referred to in this Act, respectively, and their dependents and beneficiaries. All provisions of law applicable to the Enlisted Reserve Corps and to the members thereof or to enlisted members of the Air Force Reserve, and their dependents and bene- ficiaries, not inconsistent with the provisions of this Act, shall be applicable to enlisted members of the Army Reserve and the Air Force Reserve referred to in this Act, respectively, and their depend- ents and beneficiaries. (b) All provisions of law applicable to the Naval Reserve, Marine Corps Reserve, or the Coast Guard Reserve (other than temporary members of the Coast Guard Reserve), and to the members thereof and their dependents and beneficiaries, not inconsistent with the pro- visions of this Act, shall be applicable to the Naval Reserve, Marine Corps Reserve, and the Coast Guard Reserve (other than temporary members of the Coast Guard Reserve) referred to in this Act, respec- tively, and to the members thereof and their dependents and bene- ficiaries. All provisions of law applicable to officers of the Naval Reserve, Marine Corps Reserve, or of the Coast Guard Reserve (other than temporary officers of the Coast Guard Reserve), and their depend- ents and beneficiaries, not inconsistent with the provisions of this Act, shall be applicable to officers of the Naval Reserve, Marine Corps Reserve, and of the Coast Guard Reserve (other than temporary officers of the Coast Guard Reserve) referred to in this Act, respec- tively, and their dependents and beneficiaries. All provisions of law applicable to enlisted members of the Naval Reserve, Marine Corps Reserve, or Coast Guard Reserve (other than temporary mem- bers of the Coast Guard Reserve), and their dependents and bene- ficiaries, not inconsistent with the provisions of this Act, shall be applicable to enlisted members of the Naval Reserve, Marine Corps Reserve, and of the Coast Guard Reserve (other than temporary members of the Coast Guard Reserve) referred to in this Act, respectively, and their dependents and beneficiaries. (c) All laws applicable to commissioned, warrant, or enlisted mem- bers of the National Guard of the United States and the Air National Guard of the United States, and to their beneficiaries and dependents, not inconsistent with the provisions of this Act, shall be applica-
66 S T A T . ] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 495 ble to commissioned, warrant, and enlisted members, respectively, of the National Guard of the United States and the Air National Guard of the United States referred to in this Act, and to their beneficiaries and dependents. CHAPTER 5—CIVIL EMPLOYMENT SEC. 246. When not on active duty, members of the reserve com- ponents shall not be held or considered to be officers or employees of the United States, or persons holding any office of profit or trust or discharging any official function under or in connection with any department or agency of the United States, solely by reason of their appointments, oaths, commissions, or status as such, or any duties or functions performed or pay and allowances received as such. SEC. 247. Members of the reserve components, subject to the ap- proval of the appropriate Secretary, may accept civil employment with and compensation therefor from any foreign government or any concern wiiich is controlled in whole or in part by a foreign gov- ernment. CHAPTER 6—SEPARATION SEC. 248. Subject to the provisions of this Act, the discharge of com- missioned officers of the reserve components shall be effected at the pleasure of the President, and the discharge of other members of the reserve components shall be in accordance with regulations promul- gated by the appropriate Secretary. SEC. 249. (a) An officer of the reserve components who has completed three years of commissioned service shall not be involuntarily dis- charged or separated except pursuant to the approved recommenda- tion of a board of officers convened by competent authority or the approved sentence of a court-martial: Provided^ That this subsection shall not apply to separation effected under subsection (b) of this section or section 231 of this Act. (b) The President or the appropriate Secretary may drop from the rolls any member of the reserve components who has been absent without authority from his place of duty for a period of three months or more, or who, having been found guilty by the civil authorities of any offense, is finally sentenced to confinement in a Federal or State penitentiary or correctional institution. (c) A member of a reserve component discharged or separated for cause other than as specified in subsection (b) of this section shall be given a discharge under honorable conditions unless— (1) a discharge under conditions other than honorable is ef- fected pursuant to the approved sentence of a court-martial or the approved findings of a board of officers convened by com- petent authority, or (2) the member consents to a discharge under conditions other than honorable with waiver of court-martial or board proceed- ings. CHAPTER 7—ADMINISTRATION ; SEC. 250. There shall be no discrimination between and among mem- bers of the Regular and reserve components in the administration of laws applicable to both Regulars and Reserves. SEC. 251. The Secretary of the Treasury with the concurrence of the Regulations. Secretary of the Navy, and, subject to such standards, policies, and procedures as may be prescribed by the Secretary of Defense, the Sec- retary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall make and publish such regulations as he deter- mines necessary to carry out the provisions of this Act. Insofar as
its PUBLIC LAW 476-JULY 9, 1952 [66 S T A T . practicable, the regulations for all the reserve components shall be uniform. SEC. 252. Each of the Armed Forces of the United States shall have officer members of its reserve components on active duty, at the seat of the Government and at such headquarters as are charged with responsibility for reserve affairs, in addition to those authorized pur- suant to the provisions of sections 5 and 81 of the National Defense 32-38^^3^2 use'66' ^^^^' ^^ amended, or any other provision of law, within such numbers 171-176. ' and in such grades and duty assignments as the appropriate Secre- tary shall prescribe, to assist and participate in the preparation and administration of all policies and regulations affecting their reserve component. While so serving such officers shall be considered as addi- tional numbers of the staff with which serving. SEC. 253. The appropriate Secret^ary shall detail such members of the Regular and reserve components as may be necessary for effectively developing, training, instructing, and administering the reserve com- ponents. Boards. SEC. 254. (a) All boards convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retire- ment of members of the reserve components shall include appropriate numbers from the reserve components, as prescribed by the appropri- ate Secretary in accordance with standards and policies established by the Secretary of Defense. (b) The members of all boards convened for selection for promo- tion or for the discharge or demotion of members of the reserve com- ponents shall be senior to the members under consideration, except that a member of a board serving in a legal advisory capacity may be junior to any person, other than a judge advocate or a law specialist, being considered and that a member of a board serving in a medical advisory capacity may be junior to any person, other than a medical officer, being considered. Supplies, etc. SEC. 255. (a) The appropriate Secretary shall make available to each reserve component such supplies, equipment, services, and facili- ties of the Armed Forces of the United States as he may deem nec- essary and advisable for the support and development of the reserve components. (b) The appropriate Secretary or his authorized representative may issue supplies and equipment of the appropriate Armed Force of the United States to the reserve components without charging the cost or value thereof, or any expenses in connection therewith, against or in any way affecting the appropriation provided for the reserve components: Provided^ That the appropriate Secretary finds it to be in the best interests of the United States to issue such equipment and supplies: And provided further^ That any such equipment and supplies so furnished may, pursuant to this section, be repossessed or redis- tributed as the appropriate Secretary may prescribe. This subsec- tion shall not apply to supplies and equipment issued to the National Guard and Air National Guard of the several States, Territories, and 35^^49'^^ 21, 22, ^]^g District of Columbia, under sections 67 and 84, National Defense Act, as amended, but applies to supplies and equipment issued in addition thereto. (c) Nothing in this section shall be construed to repeal, limit, or modify in any manner t\v^ provisions of sections 67 and 84, National Defense Act, as amended. 64 Stat. 829. (d) I t is the seusc of the Congress that the National Defense Facili- 0 use 881 note. ^^^^ ^^^ ^^ l^^O bc autliorizcd to be implemented immediately upon the enactment of this Act. Responsibility QEC. 256. (a) The Secretary of Defense shall designate an Assistant ilas. ^^^'^^^^ Secretary of Defense who shall, in addition to other dutievS, have the
66 STAT.] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 497 principal responsibility for all Reserve alFairs of the Department of Defense. The Secretary of each military department and, when the Coast Guard is not operating as a service in the Navy, the Secretary of the Treasury, or, as such Secretary may prescribe for his department, the Under Secretary or an Assistant Secretary of such department, shall, in addition to other duties, have the principal responsibility for supervision of all activities of the reserve components under the juris- diction of that department. (b) The Secretary of each military department and, when the Coast General or f l a g officer. Guard is not operating as a service in the Navy, the Secretary of the Treasury shall designate a general or flag officer of each Armed Force of the United States therein who shall be directly responsible for reserve affairs to the Chief of Staff of the Army, the Chief of Naval Operations, the Commandant of the Marine Corps, the Chief of Staff of the Air Force, and the Commandant of the Coast Guard, as appro- priate. Nothing in this subsection shall be deemed to curtail or infringe upon the present missions and functions of the Chief of the National Guard Bureau. SEC. 257. (a) There is hereby established in the Office of the Secre- Reserve Forces Policy Board. tary of Defense a Reserve Forces Policy Board consisting of— (i) a civilian chairman appointed by the Secretary of Defense; (ii) the Secretary, the Under Secretary, or an Assistant Secre- tary of each military department designated pursuant to section 256 (a) of this Act; (iii) one Regular officer from each military department desig- nated by the appropriate Secretary; (iv) four Reserve officers appointed by the Secretary of Defense upon recommendation of the Secretary of the Army, two of whom shall be members of the National Guard of the United States and two of whom shall be members of the Army Reserve; (v) four Reserve officers appointed by the Secretary of Defense upon recommendation of the Secretary of the Navy, two of whom shall be members of the Naval Reserve and two of whom shall be members of the Marine Corps Reserve; (vi) four Reserve officers appointed by the Secretary of Defense upon recommendation of the Secretary of the Air Force, two of whom shall be members of the Air National Guard of the United States and two of whom shall be members of the Air Force Reserve; and (vii) a Reserve officer of general or flag officer grade appointed by the chairman of the Board with the approval of the Secretary of Defense, who shall act as military adviser to the chairman and shall serve as executive officer of the Board without vote. (b) When the Coast Guard is not operating as a service in the Navy, Coast Guard. the Secretary of the Treasury may designate a Regular or Reserve officer of the Coast Guard to serve with the Reserve Forces Policy Board but he shall not be a voting member. (c) The Reserve Forces Policy Board, acting through the Assistant Secretary of Defense designated pursuant to section 256 (a) of this Act, shall be the principal policy adviser to the Secretary of Defense on matters pertaining to the reserve components. (d) Nothing in this section shall be construed to limit or modify in any manner the functions of the committees on reserve policies estab- lished pursuant to section 5 of the National Defense Act, as amended, 10 u s e 22-25, 32-38. or by this Act: Provided, That nothing herein shall prevent a member of those committees from serving as a member of the Reserve Forces Policy Board. (e) The semiannual report of the Secretary of Defense as required Report. 61 Stat. 495. by the National Security Act of 1947, as amended, shall contain a 5 u s e 171 note.
498 PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 ST A T . chapter which shall be a report of the Reserve Forces Policy Board on the status of the reserve programs of the Department of Defense. Records. SEC. 258. Each Armed Force of the United States shall maintain adequate and current personnel records of each member of its reserve components, indicating the physical condition, dependency status, military qualifications, civilian occupational skills, availability, and such other data as the appropriate Secretary may prescribe. Information SEO. 259. The Secretary of Defense is directed to require the com- gram. pro- plete and up-to-date dissemination of information of interest to the reserve components to all members of the reserve components and to the public in general. P A R T I I I — R E S E R V E C O M P O N E N T S OF T H E ARMY SEC. 301. The National Guard of the United States and the Army Reserve are reserve components of the Army. All officers and enlisted members of the National Guard of the United States and all officers and enlisted members of the Army Reserve are Reserve officers and Reserve enlisted members, respectively, of the Army. SEC. 302. The Organized Reserve Corps is redesignated as the Army Reserve. SEC. 303. The Army Reserve includes all Reserve officers and Reserve enlisted members of the Army other than those who are mem- bers of the National Guard of the United States. Women. SEC. 304. Except as otherwise specifically provided, all laws now or hereafter applicable to male officers and former officers of the Army Reserve, to enlisted men and former enlisted men of the Army Reserve, and to their dependents and beneficiaries shall in like cases be appli- cable respectively to female Reserve officers and female former Reserve officers of the Army Reserve, to Reserve enlisted women and former Reserve enlisted women of the Army Reserve, and to their dependents and beneficiaries except as may be necessary to adapt said provisions to the female persons in the Army Reserve. The husbands of women members of the Army Reserve shall not be considered dependents unless they are in fact dependent on their wives for over half of their support, and the children of such members shall not be considered dependents unless they are in fact dependent on their mother for over half of their support. PART IV—RESERVE COMPONENTS OF THE NAVY, MARINE CORPS, AND COAST GUARD SEC. 401. The Naval Reserve is the reserve component of the Navy. SEC, 402. The Marine Corps Reserve is the reserve component of the Marine Corps. SEC. 403. The Coast Guard Reserve is the reserve component of the Coast Guard. SEC. 404. The Naval Reserve shall be organized, administered, trained, and supplied under the direction of the Chief of Naval Operations. The bureaus and offices of the Navy shall hold the same relation and responsibility to the Naval Reserve as they do to the Regular Establishment. SEC. 405. The Marine Corps Reserve shall be organized, admin- istered, trained, and supplied under the direction of the Commandant of the Marine Corps. The departments and offices of the Marine Corps shall hold the same relation and responsibility to the Marine Corps Reserve as they do to the Regular Establishment.
66 STAT.] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 499 SEC. 406. The Coast Guard Reserve shall be organized, administered, trained, and supplied under the direction of the Commandant of the Coast Guard. The departments and offices of the Coast Guard shall hold the same relation and responsibility to the Coast Guard Reserve as they do to the Regular Establishment. SEC. 407. For the purpose of considering, recommending, and report- Policy Boards. ing to the appropriate Secretary on reserve policy matters, there shall be convened at least annually, at the seat of government, a Naval Reserve Policy Board, a Marine Corps Reserve Policy Board, and a Coast Guard Reserve Policy Board. At least half of the members of each such Reserve policy board shall be officers of the appropriate reserve component. SEC. 408. The Act of March 17, 1949 (ch. 23; 63 Stat. 14), is 34 u s e 429. amended by striking out the first proviso thereof. N a v a l Reserve SEC. 409*. The Secretary of the Navy sh^U prescribe a suitable flag fiagf to be known as the Naval Reserve flag. This flag may be flown by seagoing merchant vessels— (a) documented under the laws of the United States, which have been designated by the Secretary of the Navy under such regulations as he may prescribe as suitable for service as naval auxiliaries in time of war, and (b) the master or commanding officer and not less than 50 per centum of the other licensed officers of which are members of the Navy or Naval Reserve. N a v a l Reserve SEC. 410. The Secretary of the Navy shall prescribe a suitable pen- yacht pennant. nant to be known as the Naval Reserve yacht pennant. This pennant may be flown by yachts and similar-type vessels— (a) documented under the laws of the United States, which have been designated by the Secretary of the Navy under such regulations as he may prescribe as suitable for service as naval auxiliaries in time of war, and (b) the captain or owner of which is a member of the Navy or Naval Reserve. Temporary offi- SEC. 411. In time of national emergency declared by the President cers. or by the Congress and in time of war, the President is authorized to appoint qualified persons (including persons who hold no Regular or Reserve status) as temporary officers in the Naval Reserve and the Marine Corps Reserve in any of the several commissioned officer grades, and persons so appointed may be ordered to active duty for such periods of time as the President may prescribe. The appoint- ment of such a temporary officer, if not sooner vacated, shall continue during the national emergency or war in which the appointment was made and for six months thereafter. All such temporary appoint- ments may be vacated at any time by the President. Temporary officers so appointed may, upon application, and, if selected, be com- missioned as a Regular or Reserve officer of the Armed Force of the United States in which he served as provided by law. SEC. 412. Temporary members now or hereafter enrolled in the Coast Guard Reserve are excluded from the provisions of this Act. SEC. 413. (a) Members of the Naval Reserve and the Marine Corps Re tired Reserve. Reserve who have performed a total of not less than thirty years' active Federal service; or who have had not less than twenty years' active Federal service, the last ten years of which shall have been performed during the eleven years immediately preceding their transfer to a retired Reserve; may be placed in a Retired Reserve upon their request. (b) Except while on active duty, personnel transferred to a Retired Reserve as provided by this section shall be entitled to pay at the rate of 50 per centum of their active-duty rate of pay. 93300 O - 53 - 35
500 PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 ST AT, O f f i c e r s com- (c) If a performance of duty for which commended occurred not mended for combat duty. later than December 31, 1946, officers specially commended for a per- formance of duty in actual combat with the enemy by the head of the executive department under whose jurisdiction such duty was per- formed shall be advanced to the next higher grade when placed in a Retired Reserve. However, officers heretofore holding rank or grade on the honorary retired lists of the Naval Reserve or Marine Corps Reserve or hereafter holding rank or grade in a Retired Reserve pur- suant to this section above captain in the Naval Reserve or above colonel in the Marine Corps Reserve solely by virtue of such commen- dation, if hereafter recalled to active duty, may, in the discretion of the Secretary of the Navy, be recalled either in the rank or grade to which they would otherwise be entitled had they not been accorded higher rank or grade by virtue of such commendation, or in the rank or grade held by them in a Retired Reserve. (d) The provisions of this section shall not be applicable to any person who is not a member of the Naval Reserve or Marine Corps Reserve on the effective date of this Act. (e) The provisions of this section shall terminate twenty years from the effective date of this Act, but such termination shall not affect any accrued rights to retired pay. (f) Nothing contained in this section shall be construed as prohibit- ing any person eligible for retirement under the provisions of this section from retiring under the provisions of any other law under which he may be eligible. Women. SEC. 414. Except as otherwise specifically provided, all laws now or hereafter applicable to male officers and former officers of the Naval Reserve, Marine Corps Reserve, and Coast Guard Reserve; to enlisted men and former enlisted men of the Naval Reserve, Marine Corps Reserve, and Coast Guard Reserve; and to their dependents and bene- ficiaries shall in like cases be applicable respectively to female Reserve officers and female former Reserve officers of the Naval Reserve, Marine Corps Reserve, and Coast Guard Reserve, as appropriate, to Reserve enlisted women and former Reserve enlisted women of the Naval Reserve, Marine Corps Reserve, and Coast Guard Reserve, as appro- priate, and to their dependents and beneficiaries except as may be necessary to adapt said provisions to the female persons. The husbands of women members of the Naval Reserve, Marme Corps Reserve, and Coast Guard Reserve shall not be considered dependents unless they are in fact dependent on their wives for over half of their support, and the children of such members shall not be considered dependents unless they are in fact dependent on their mother for over half of their support. P A R T V — T H E NAVAL M I L I T I A SEC. 501. The Naval Militia consists of the Naval Militia of the States, Territories, and the District of Columbia. SEC. 502. The Secretary of the Navy may appoint any officer or enlisted member of the Naval Militia to the rank, grade, or rating for which qualified in the Naval Reserve or Marine Corps Reserve. SEC. 503. When ordered to active duty in the service of the United States, members of the Naval Reserve or Marine Corps Reserve who are members of the Naval Militia of any State, Territory, or the District of Columbia shall stand relieved from all service or duty in the Naval Militia from the active duty date of the orders and for so long as they remain on active duty. SEC.' 504. Such vessels, material, armament, equipment, and other facilities of the Navy and Marine Corps as are or may be made avail- able to the Naval Reserve and the Marine Corps Reserve may also be
66 S T A T . ] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 IW made available in accordance with regulations prescribed by the Secretary of the Navy for issue or loan to the several States, Terri- tories, or the District of Columbia for the use of the Naval Militia if— (a) at least 95 per centum of the personnel of the portion or unit of the Naval Militia to which such facilities would be made available are members of the Naval Reserve or Marine Corps Reserve, and (b) the organization, administration, and training of the Naval Militia conform to standards prescribed by the Secretary of the Navy. P A R T V I — R E S E R V E COMPONENTS O F T H E A I R F O R C E SEC. 601. The Air National Guard of the United States and the Air Force Reserve are reserve components of the Air Force. All officers and enlisted members of the Air National Guard of the United States and all officers and enlisted members of the Air Force Reserve are Reserve officers and Reserve enlisted members, respectively, of the Air Force. SEC. 602. The Air Force Reserve includes all Reserve officers and Reserve enlisted members of the Air Force other than those who are members of the Air National Guard of the United States. SEC. 603. Except as otherwise specifically provided, all laws now women. or hereafter applicable to male officers and former officers of the Air Force Reserve, to enlisted men and former enlisted men of the Air Force Reserve, and to their dependents and beneficiaries shall in like cases be applicable respectively to female Reserve officers and female former Reserve officers of the Air Force Reserve, to Reserve enlisted women and former Reserve enlisted women of the Air Force Reserve, and to their dependents and beneficiaries except as may be necessary to adapt said provisions to the female persons in the ^vir Force Reserve. The husbands of women members of the Air Force Reserve ' ; shall not be considered dependent unless they are in fact dependent on their wives for over half of their support, and the children of such members shall not be considered dei)endents unLdS they are in fact dependent on their mother for over half of their support. PART VII—THE NATIONAL GUARD OF THE UNITED STATES AND THE AIR NATIONAL GUARD OF THE UNITED STATES SEC. '^01. The National Guard of the United States and the Air National Guard of the United States are reserve components of the Army and the Air Force, respectively, and references in this Act, in the absence of express provision otherwise, are to be construed accord- ingly. Whenever joint reference is made to the National Guard of the United States and the Air National Guard of the United States on any matter of common concern together with reference to the Army and Air Force or other component thereof, the reference in the case of the National Guard of the United States shall be construed to be to the Army and in the case of the Air National Guard of the United States to be to the Air Force. SEC. 702. (a) The National Guard of the United States shall con- sist of all federally recognized units, organizations, and members of the National Guard of the several States, Territories, and the District of Columbia, who, in addition to their status as such, are Reserves of the Army in the same commissioned, w^irrant, or enlisted grade as
502 PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 ST AT. they hold in the National Guard of the several States, Territories, or the District of Columbia. (b) The Air National Guard of the United States shall consist of all federally recognized units, organizations, and members of the Air National Guard of the several States, Territories, and the District of Columbia, who in addition to their status as such, are Reserves of the Air Force in the same commissioned, warrant, or enlisted grade as they hold in the Air National Guard of the several States, Terri- tories, or the District of Columbia. Federal recogni- SEC. 703. (a) To be federally recognized, a member of the National tion. Guard or Air National Guard of any State, Territory, or the District of Columbia must be a member of a federally recognized unit or other federally recognized subdivision of the National Guard or Air National Guard, respectively, and possess the qualifications prescribed by the appropriate Secretary for the grade, branch, position, and type of unit or other subdivision involved, and, in the case of officers, except as provided in section 705 of this Act, successfully pass the examina- 32 u s e 113. tion prescribed by section 75, National Defense Act, as amended. Appointment. (b) Upon being federally recognized, those officers who do not hold appointments as Reserve officers of the appropriate Armed Force of the United States shall be appointed as Reserve officers of the appro- priate Armed Force of the United States in the same grade in which they hold federally recognized appointments in the National Guard or Air National Guard of a State, Territory, or the District of Colum- bia, for service as a member of the National Guard of the United States or Air National Guard of the United States, as appropriate: Provided^ That the acceptance of an appointment in the same grade and branch as a Reserve officer of the Armed Force of the United States concerned, by an officer of the National Guard or Air National Guard of a State, Territory, or the District of Columbia, shall not operate to vacate his State, Territory, or District of Columbia National Guard or Air National Guard office. Temporary rec- ognition. SEC. 704. The appropriate Secretary may by regulation authorize the temporary extension of Federal recognition to any officer of the National Guard or Air National Guard who shall have successfully passed the examination prescribed in section 75 of the National De- 32 u s e 113. fense Act, as amended, pending final determination of his eligibility for, and his appointment as, a Reserve officer of the Army or Air Force in the grade concerned. If and when so appointed the appointment shall be dated as of, shall be considered to have been accepted on, and shaU be deemed to have been effective from, the date of such recog- nition. However, a temporary extension of Federal recognition shall be granted only when the officer takes oath that during such recog- nition he will perform all Federal duties and obligations required of him the same as though he were appointed as a Reserve officer of the Army or Air Force in the same grade. Such temporary recognition may be withdrawn at any time and if not sooner withdrawn or re- placed by permanent recognition upon appointment as a Reserve officer in the same grade, it shall automatically terminate six months after its effective date: Provided^ That temporary extension of Fed- eral recognition may, as provided in this section, be granted to Re- serve officers pending final determination of their eligibility for such Federal recognition. SEC. 705. (a) Notwithstanding the provisions of section 75, Na- tional Defense Act, as amended, whenever a member of the Army Reserve or Air Force Reserve becomes an officer of the National Guard or Air National Guard of any State, Territory, or District of Colum- bia in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States, he shall, subject
66 S T A T . ] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 to such physical examination as may be prescribed, be extended Fed- eral recognition in such grade as of the date of his appointment in the National'Guard or Air National Guard and concurrently become a member of the National Guard of the United States or Air National Guard of the United States, as appropriate, and ceases to be a mem- bar of the Army Reserve or of the Air Force Reserve. (b) Whenever a member of the Army Reserve or of the Air Force Reserve is duly enlisted in the National Guard or Air National Guard of any State, Territory, or the District of Columbia, and is a member of a federally recognized unit or organization thereof, in the same grade in which he is a Reserve of the appropriate Armed Force of the United States, he becomes a member of the National Guard of the United States or of the Air National Guard of the United States and ceases to be a member of the Army Reserve or of the Air Force Reserve. SEC. 706. Under such regulations as the appropriate Secretary may Transfers, prescribe, and with the consent of the Governor or other appropriate authority of the State, Territory, or District of Columbia concerned, a member of the National Guard of the United States or of the Air National Guard of the United States may be transferred in grade at any time to the Army Reserve or the Air Force Reserve, and such transfer shall terminate his federally recognized National Guard or Air National Guard status. Upon the transfer of any person w^hose service has been honorable, from the National Guard of the United States or from the Air National Guard of the United States to the xlrmy Reserve or to the Air Force Reserve, he shall be eligible for promotion to the highest permanent grade previously held in the Army or any component thereof or in the Air Force or any com- ponent thereof. SEC. 707. Unless discharged from his appointment or enlistment as a Reserve officer or Reserve enlisted member, respectively, whenever a member of the National Guard of the United States or of the Air National Guard of the United States ceases to hold a status as a feder- ally recognized member of the National Guard or of the Air National Guard of any State, Territory, or the District of Columbia, he becomes a member of the Army Reserve or of the Air Force Reserve and ceases to be a member of the National Guard of the United States or of the Air National Guard of the United States. SEC. 708. Notwithstanding any other provisions of this Act, warrant Grades. officers and enlisted members of the National Guard of the United States and of the Air National Guard of the United States may, with- out affecting such status, hold appointments as Reserve commissioned officers of the Army or of the Air Force in the grade of second lieu- tenant or first lieutenant without vacating their warrant or enlisted grades and ratings in the National Guard or Air National Guard of the appropriate State, Territory, or the District of Columbia. SEC. 709. Except when ordered thereto in accordance with law, stJtiw ."^"^'" ^'^*'' members of the National Guard of the United States and of the Air National Guard of the United States shall not be on active duty in the service of the United States. When not on active duty in the service of the United States, they shall be administered, armed, uniformed, equipped, and trained in their status as members of the National Guard and Air National Guard of the several States, Territories, and the District of Columbia. SEC. 710. When ordered to active duty in the service of the United Active duty. States, members of the National Guard of the United States and of the Air National Guard of the United States shall stand relieved from duty in the National Guard and Air National Guard of their respective States, Territories, and the District of Columbia from the active-duty
504 PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 ST AT. date of the orders and for so long as they remain on active duty in the service of the United States. During such active duty in the service of the United States, they shall be subject to the laws and regulations applicable to members of the Army and Air Force. Relief f r o m l i - SEC. 711. Upon ordering any portion of the National Guard of the ability. United States or of the Air National Guard of the United States into the active military service of the United States, the President may relieve the State, Territory, or District of Columbia concerned of such accountability and liability under such terms and conditions as he may prescribe for any United States property theretofore issued to it for the use of such portion of the National Guard of the United States or of the Air National Guard of the United States. Integrity of units. SEC. 712. (a) During the initial mobilization, insofar as practicable, the organization of units of the National Guard of the United States and of the Air National Guard of the United States existing at the date of an order to active Federal service shall be maintained intact. Relief from a c - (b) Upon being relieved from active duty, insofar as practicable, tive duty. units, organizations, and individuals shall be returned to the National Guard and Air National Guard in their respective States, Territories, and the District of Columbia, together with sufficient arms and equip- ment as determined by the appropriate Secretary to accomplish their peacetime mission. Personnel. SEC. 713. (a) When officers and enlisted members of the National Guard of the United States or of the Air National Guard of the United States are ordered into Federal service they shall be ordered to active duty in their status as Reserve officers and Reserve enlisted member^ of the Army or Air Force. (b) When the National Guard of the United States or the Air National Guard of the United States is ordered into the active military service of the United States, officers of the National Guard and of the Air National Guard who do not hold appointments as Reserve officers of the Army or Air Force may be so appointed by the President in the same grade and branch held by them in the National Guard or Air National Guard. Status of s e r v i c e . SEC. 714. For the purposes of all laws now or hereafter enacted providing benefits for members of the National Guard of the United States and of the Air National Guard of the United States and their dependents and beneficiaries— (a) All military training, duties, and service performed by members of the National Guard of the United States or members of the Air National Guard of the United States while in their status as members of the National Guard or Air National Guard of the several States, Territories, and the District of Columbia, for which they are entitled by law to receive pay from the United States, shall be considered mili- tary training, duties, and service in the service of the United States performed by them as Reserve members of the Army or Air Force. (b) The full-time training or other full-time duty performed by memDers of the National Guard of the United States or members of the Air National Guard of the United States while in their status as members of the National Guard or Air National Guard of the several States, Territories, and the District of Columbia pursuant to sections 32 u s e 6 3 - 6 5 , 144-146, 183, 186. 94, 97, 99, and 113 of the National Defense Act, as amended, for which they are entitled to receive pay from the United States or without pay as provided in section 240 of this Act shall be considered active duty for training in the service of the United States as Reserve members of the Army or Air Force: Provided^ That from the date of enactment of this Act such duty for a period of thirty days or more shall be con- sidered active service as members of the Armed Forces for the pur-
66 STAT.] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 505 poses of the Armed Forces Leave Act of 1946 (60 Stat. 963) as amended (87U.S.C.31aetseq.). I n a c t i v e - duty (c) The inactive-duty training performed by members of the training. National Guard of the United States or members of the Air National Guard of the IJnited States while in their status as members of the National Guard or Air National Guard of the several States, Terri- tories, and the District of Columbia under regulations prescribed by the appropriate Secretary pursuant to section 92 of the National Defense Act, as amended, or other express provision shall be considered inactive-duty training in the service of the United States as Reserve members of the Army or Air Force. P A R T V I I I — A P P R O P R I A T I O N S , R E P E A L S , AMENDMENTS, AND M I S C E L L A N E O U S P R O V I S I O N S Appropriation. SEC. 801. There is authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, such sums as niay be necessary to carry out the provisions of this Act. Effective date. SEC. 802. Except as otherwise specifically provided, this Act shall become effective on the first day of the sixth month following the month of enactment. Repeals. SEC. 803. The following Acts and parts of Acts are repealed: 52 Stat. 1175. The Naval Reserve Act of 1938, as amended, except for all provisions 34 u s e 853j. of title I I and section 304 of title I I I . Notwithstanding the repeal of section 1 and section 4 of title I of the Naval Reserve Act of 1938, as amended, the Fleet Reserve established by said Act, as amended, shall be composed of persons transferred thereto in accordance with title I I of said Act, as amended, including (a) those former members of the Fleet Naval Reserve as a result of sixteen or more years of active naval service who were transferred to the Fleet Reserve in accordance with the said Act, and (b) citizens of the Philippine Islands who were in the naval service on July 4, 1946, or who, having been discharged from the naval service on or prior to that date, reen- listed therein subsequent to July 4, 1946, but before the expiration of three months following discharge. The unrepealed provisions of the Naval Reserve Act of 1938, as amended, shall continue to apply to the Marine Corps as well as the Navy. The Act of March 17, 1941 (ch. 19, 55 Stat. 43, as amended; 34 U. S. C. 855C-2). Section 10 of the Naval Aviation Cadet Act of 1942 (56 Stat. 738; 3 4 U . S. C. 850 ( i ) ) . 34 u s e 850i. Section 1 of the Act of December 18,1942 (56 Stat. 1066; 34 U. S. C. 853C-5). The Act of January 20,1942 (ch. 12, 56 Stat. 10; 34 U. S. C. 853a-l). 63 Stat. 551. Title 14, United States Code, sections 751,752,753, and 759. Sections 37, 37a, 38, 55a, 55b, and 111 of the National Defense Act, as 39 Stat. 166. amended. The second paragraph of section 58 of the National Defense Act, as amended (32 U. S. C. 4a). Paragraph (b) of section 71 of the National Defense Act, as amended ( 3 2 U . S. C. 4b). The last paragraph of section 75 of the National Defense Act, as amended (32 U. S. C. 113). The second sentence of section 77 of the National Defense Act, as amended (32 U. S. C. 114). That portion of section 109 of the National Defense Act, as amended, which precedes the final proviso of the section (32 U. S. C. 143). Section 11 of the Act of August 4, 1942 (56 Stat. 738, as amended: 3 4 U . S. C. 850j).
506 PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 S T A T . Sections 2, 3, and 4 of the Act of December 4, 1942 (56 Stat. 1039- 1040; 10 U. S. C. 904b, c, and d ) . Section 117 of the Army-Navy Nurses Act of 1947 (61 Stat. 47, as amended; 10 U. S. C. 377). Sections 109 and 310 of the Women's Armed Services Integration Act of 1948 (62 Stat. 362 and 374; 10 U. S. C. 378, 5 U. S. C. 627i). SEC. 804. (a) The third and fourth paragraphs under the subheading "Ordnance Stores and Equipment for Reserve Officers' Training Corps" of the Act of May 12, 1917 (40 Stat. 72), as amended (10 U. S. C. 371 and 371b), are further amended by striking out the words "Officers' Reserve Corps or Enlisted Reserve Corps" wherever they appear therein and by inserting in lieu thereof the words "reserve components of the Armed Forces" and by inserting in the third para- graph after the word "ordered" where it first appears the words "to active duty for training, or active duty, or". (b) Section 412 of the Mutual Defense Assistance Act of 1949 (63 Stat. 721; 22 XJ. S. C. 1584) shall not apply to any person, not on active duty in the Armed Forces, solely by reason of his having served on active duty or active duty for training as a member of a reserve com- ponent within the preceding two years. SEC. 805. The Army-Navy Nurses Act of 1947, as amended (10 61 Stat. 4 1 . TJ. S. C. 374-377), is further amended as follows: (a) Section 115 is amended to read: "Except as otherwise specif- ically provided, all laws and regulations now or hereafter applicable to commissioned officers and former commissioned officers of the Army Reserve and to their dependents and beneficiaries, shall, in like cases, be applicable respectively to commissioned officers and former com- missioned officers of the Army Nurse Corps Section and the Women's Medical Specialist Corps Section of the Army Reserve and to their dependents and beneficiaries." (b) Section 116 is amended to read: "Appointments of Reserve officers for service in the Army Nurse Corps Section and the Women's Medical Specialist Corps Section of the Army Reserve may be made in such grades and under such regulations as may be prescribed by the Secretary of the Army from female citizens of the United States who have attained the a^e of twenty-one years and who possess such physical and other qualifications as may be prescribed by the Secre- tary of the A r m y : Provided^ That female officers appointed pursuant 58 Stat 324. to the Act of June 22, 1944, and honorably separated from the service souse app. thereafter may, if otherwise qualified, be appointed as Reserve officers 1591-1598. in the highest grade satisfactorily held by them in active service." National Defense Act, amendments. SEC. 806. The National Defense Act, as amended, is further amended as follows: (a) Section 69, as amended (32 U. S. C. 124), is further amended by striking out the words "and in the National Guard of the United States". Oath of e n l i s t - (b) Section 70, National Defense Act, as amended (32 U. S. C. ment. 123), is further amended by striking out the language contained therein and inserting in lieu thereof the following: "Men enlisting in the National Guard and Air National Guard of the several States, Territories, and the District of Columbia, shall sign an enlistment contract and subscribe to the following oath or affirmation: " 'I do hereby acknowledge to have voluntarily enlisted this day of 19 , in the National Guard (Air National Guard) of the State of for a period of year(s) under the con- ditions prescribed by law, unless sooner discharged by proper authority.
66 STAT.] PUBLIC LAW 4 7 6 - J U L Y 9, 1952 507 " 'I, , do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of ; that I will serve them honestly and faith- fully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the Governor of and the orders of the officers appointed over me, according to law and regulations,' "The oath of enlistment prescribed in this section may be taken before any officer of the National Guard (Air National Guard) or any other person authorized to administer oaths of enlistments in the National Guard of the several States, Territories, and the District of Columbia, by respective laws thereof." (c) The first paragraph of section 73, as amended (32 U. S. C 112), is further amended by striking the words "and in the National Guard of the United States" and the words "in the National Guard of the United States and". (d) Section 72, as amended (32 U. S. C. 125), is further amended by striking out the w^ords "and the National Guard of the United States". (e) Section 76, as amended (32 U. S. C. 115), is further amended by striking out the words "the National Guard of the United States" in the second sentence thereof and inserting in lieu thereof the words "his appointment as a Reserve of the Armed Force concerned" and by striking out the words "in the National Guard of the United States" in the third sentence thereof and inserting in lieu thereof the words "as a Reserve of the Armed Force concerned". (f) Section 78, as amended (32 U. S. C. 132, 133, 134), is further amended by striking out the words "and in the National Guard of the United States" in paragraph 1 thereof, and by striking out the words "or the National Guard of the United States" in paragraph 2 thereof. (g) Section 81, as amended (32 U. S. C. 172 and 175), is further amended by striking out the words "The Chief of the National Guard Chief of National Guard Bureau. Bureau shall be appointed by the President, by and with the advice and consent of the Senate, by selection from lists of officers of the National Guard of the United States recommended as suitable for such appoint- ment by their respective governors, and who have had ten or more years' commissioned service in the active National Guard, at least five of which have been in the line, and who have attained at least the grade of colonel. The Chief of the National (iruard Bureau shall hold office for four years unless sooner removed for cause, and shall be eligible to succeed himself, and when sixty-four years of age shall cease to hold such office. Upon accepting his office, the Chief of the National Guard Bureau shall be appointed a major general in the National Guard of the United States, and commissioned in the Army of the United States, and while so serving he shall have the rank, pay, and allowances of a major general, provided by law, but shall not be entitled to retirement or retired pay." and inserting in lieu thereof the following: "The Chief of the National Guard Bureau shall be Appointment. appointed by the President, by and with the advice and consent of the Senate, by selection from lists of officers of the National Guard of the United States or Air National Guard of the United States rec- ommended as suitable for such appointment by their respective gov- ernors, and who have had ten or more years' commissioned service in the active National Guard or Air National Guard or any combina- tion thereof, and who have attained at least the grade of colonel. The Chief of the National Guard Bureau shall hold office for four years unless sooner removed for cause, and shall be eligible to succeed him- self and when sixty-four years of age shall cease to hold such office. Upon accepting his office, the Chief of the National Guard Bureau
508 PUBLIC LAW 4 7 6 - J U L Y 9, 1952 [66 S T A T . shall be appointed as a Reserve officer of the appropriate Armed Force in the grade of major general, and shall be commissioned in the Army of the United States, and shall be a member of the National Guard of the United States or A i r National Guard of the United States, as appropriate." in paragraph 1 thereof, and by striking out the words "hold appointments in" and inserting in lieu thereof the fol- lowing words: "are members of" in paragraph 2 thereof, and by insert- ing after the word "States" where it first appears in paragraph 3 thereof, the words "or the Air National Guard of the United States,", and by striking out the words "provided in this section" in the last sentence of said paragraph, and in the same sentence after the word "States" by inserting the words "or Air National Guard of the United States", and by striking the period at the end of the sentence and add- ing the words "or Air National Guard." (h) The seventh paragraph of section 127 ( a ) , as amended (10 U. S. C. 513), is further amended by deleting the period at the end thereof and substituting a colon and adding the following: ^''Provided further^ That persons may be appointed as Reserve officers of the Army or the Air Force in time of war." (i) Section 55, as amended (10 U. S. C. 421, 423, 424, 425), is fur- ther amended by deleting all of the section except the last sentence thereof; and the last sentence of section 55, as amended, is further amended by deleting the comma first appearing therein and the words "whether" and "or the Enlisted Reserve Corps", and by inserting after the words "Regular Army" the words "or in the Regular A i r Force". (j) Section 58, as amended (32 U. S. C. 4), is further amended by striking the word "twenty-one" appearing in the first sentence thereof and inserting in lieu thereof the word "eighteen". SEC. 807. (a) Subsection (b) of section 2 of the Army Organiza- 64 Stat. 263 10 u s e la. tion Act of 1950 is amended by inserting after the words "in any of the components of the A r m y ; the words "all persons appointed or enlisted as Reserves of the Army, including persons transferred to such status under any provision of law;". 10 use lb. (b) Section 301 of the Army Organization Act of 1950 is amended— (1) by striking out the words "Organized Reserve Corps" and inserting in lieu thereof the words "Army Reserve"; and (2) by inserting after the words "above-named components;" the words "all persons appointed or enlisted as Reserves of the Army, including persons transferred to such status under any provision of law;". SEO. 808. Section 205 of the Naval Reserve Act of 1938 (34 U. S. C. 34USC 854d.' 854 ( d ) ) is amended by deleting the second proviso therein and in- serting in lieu thereof: '•''Provided further^ That men so transferred to the Fleet Reserve for the four-year period and officers and men otherwise assigned thereto pursuant to title I I of this Act, or other >cqA provision of law, may be ordered by competent authority to active duty without their consent (a) in time of war or national emergency declared by the Congress for the duration of the war or national emergency, and for six months thereafter, and (b) in time of national emergency declared by the President or when otherwise authorized by law; and, except as otherwise provided in this title, shall be under no obligation to perform training duty or drill, and shall be paid in advance $20 per annum: And provided further^ That the Secretary of the Navy may release any member of the Fleet Reserve from active duty or active duty for training at any time, except that, in time of war or national emergency hereafter declared by the Congress, or in time of national emergency hereafter proclaimed by the President, a
66 S T A T . ] PUBLIC LAW 477-JULY 9, 1952 SUl member of the Fleet Reserve who is serving on active duty shall be released from active duty only on the approved recommendation of a board of officers convened by competent authority if the member requests such action, if such release from active duty is not during a "" period of demobilization or reduction in strength of the Navy."' SEC. 809. All provisions of law which refer to appointment or enlist- ment in or transfer to any of the reserve components shall be deemed to refer to appointment or enlistment as a Reserve or transfer to such status in the appropriate Armed Force of the United States. All provisions of law which refer to persons enlisted or appointed in or transferred to any of the reserve components shall be deemed to refer to persons appointed or enlisted as Reserves or transferred to such status in the appro])riate Armed Force of the United States. SEC. 810. Any right accrued or any proceeding commenced before • this Act takes effect is not affected by the provisions of this Act, but all procedure thereafter taken shall conform to the j)rovisions of this Act. SEC. 811. (a) Nothing in this Act shall be construed to repeal, limit, or modify, in any manner, the authority to order persons or units to active military service or training pursuant to the Universal Mili- g^^2 stat. 604; 65 tary Training and Service Act, as amended. souse app. 4Si. (b) Except as otherwise specifically provided in section 806 (g), nothing in .this Act shall be construed as changing existing laws per- taining to the Chief of the National Guard Bureau. !,__ SEC. 812. Except as otherwise provided in this Act, no back pay or allowances shall be held to have accrued under the pi-ovisions of this Act for any period prior to the effective date thereof. SEC. 813. Section 4 (d) (8) of the Universal Military Training and Service Act, as amended, is further amended by striking out the words ^° ^^^ ^^^' '*^^' "appointed in the Armed Forces" where first appearing therein and by inserting in lieu thereof the words "appointed, under any provision of law, in the Armed Forces, including the reserve components thereof," Effective d a t e of This section shall be effective as of June 19, 1951. section. Approved July 9, 1952. Public Law 477 CHAPTER 609 AN ACT July 9, 1952 To amend title 28 of the United States Code so as to provide for two United States [S. 1705] commissioners for Great Smolty Mountains National Park. Be it enacted hy the Senate and House of Repr-esentativen of the United Statef^ of America in Congress assemhled. That section Q'^1 (a) ..^'f^* ^>w°''^ » . , „ , ' __ • 1 0 / " ! ! • I l l •!• //-^ Mountains Nation- 62 Stat. ot title 28 01 the United States Code is amended by striking out "Great ^^^%^' 915. Smoky Mountains" and by inserting after the second paragraph of such section the following new paragraph: "Two United States commissioners may be appointed for Great Smoky Mountains National Park. One, whose jurisdiction shall be limited to the portion of the park situated in Tennessee, shall be appointed by the district court for the eastern district of Tennessee; the other, whose jurisdiction shall be limited to the portion of the park situated in North Carolina, shall be appointed by the district court for the western district of North Carolina." SEC. 2. The jurisdiction of the United States commissioner holding office as commissioner of the Great Smoky Mountains National Park on the date of enactment of this Act shall be limited to the portion of the park situated in North Carolina. Approved July 9, 1952.