Volume 52 · 222
Public Law 75–171
To amend the National Defense Act of June 3, 1916, as amended, by reestablishing the Regular Army Reserve, and for other purposes.
Approved April 25, 1938
Statutory text
AN ACT
To amend the National Defense Act of June 3, 1916, as amended, by reestablishing the Regular Army Reserve, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 30 of the National Defense Act of June 3, 1916, as amended, be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:
“Sec. 30. The Regular Army Reserve.—
Under such regulations
Regular Army Reserve.
Maintenance as part of Regular Army; additional to authorized strength.
as the President may prescribe there shall be organized and maintained as a part of the Regular Army and in addition to the authorized strength thereof otherwise provided a Regular Army Reserve. Any person who has served in the Regular Army and who has been
Qualifications for reenlistment.
honorably discharged therefrom, and who is less than thirty-six years of age may, under regulations prescribed by the President, be reenlisted for the Regular Army Reserve. Each soldier thus reenlisted
Enlistment allowance.
shall be entitled to receive, during each year of his service in the Regular Army Reserve, an enlistment allowance of $24 per annum payable in installments under such regulations and conditions as the
Service to confer no right to pay, etc., other than herein provided.
President may prescribe. Service in the Regular Army Reserve not on active duty shall confer no right to pay, longevity pay, retirement or retired pay, or any other emoluments upon members thereof
Pensions only due to service-incurred disability.
except as provided in this section; and members of the Regular Army Reserve shall become entitled to pensions only due to disability incurred while on active duty in the service of the United States.
Active duty construed.
Active duty for such purposes shall be deemed to begin on the data of acceptance for such duty following compliance with the order to report for active duty and shall terminate when relieved or discharged
Service only in emergencies; allowances.
from such duty. Members of the Regular Army Reserve may be ordered to active duty only in case of emergency declared by the President and when so ordered shall be furnished transportation and subsistence allowances at Government expense from their homes within the continental limits of the United States or its possessions
Sum payable upon entering on active duty.
to points where ordered to report for active duty. In addition, if found qualified and accepted for active duty following such order they shall receive a sum at the rate of $3 per month for each month they have been enlisted in the Regular Army Reserve but not
Status and pay.
to exceed $150. While on active duty they shall have the same status and receive only the same pay and allowances provided by law for enlisted men of the active Regular Army of like grade and length
Longevity computation.
Inactive status, etc., after emergency declared terminated.
of service. In computing length of service for pay purposes, time spent on active duty only will be counted. Within six months after the termination of an emergency declared by the President, they shall be placed in an inactive status or discharged, whichever is appropriate.
Applicability of military law.
“Members of the Regular Army Reserve shall be subject to military law only from the date they are required to obey an order to report for active duty.”
Approved, April 25, 1938.