Volume 53 · 820
Public Law 76–205
To authorize commissioning aviation cadets in the Naval and Marine Corps Reserves upon completion of training, and for other purposes.
Approved June 13, 1939
Statutory text
AN ACT
To authorize commissioning aviation cadets in the Naval and Marine Corps Reserves upon completion of training, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act
Naval Aviation Reserve Act of 1939.
may be cited as the “Naval Aviation Reserve Act of 1939” and shall take effect on July 1, 1939.
Sec. 2.
Aviation cadets may, if qualified after completion of training,
Aviation cadets, commissions after completion of training.
be commissioned ensigns in the Naval Reserve or second lieutenants in the Marine Corps Reserve.
Sec. 3.
Ensigns or second lieutenants commissioned pursuant to
Promotions.
this Act may, after three years of service as such and if found qualified after such examinations as the Secretary of the Navy may prescribe, be commissioned lieutenants (junior grade) in the Naval Reserve or first lieutenants in the Marine Corps Reserve,
Proviso.
Service credits.
respectively: Provided, That the active duty of aviation cadets subsequent to completion of their active duty while undergoing training shall be counted as such service for the purposes of promotions authorized by this section.
Sec. 4.
All members of a class of aviation cadets entering the Naval service at approximately the same time shall be deemed, for all purposes of this Act, to have commenced their commissioned service on the same date.
Sec. 5.
Officers commissioned pursuant to this Act may be employed on active duty in time of peace only during the seven-year period next following the completion of their duty as aviation cadets undergoing
Instruction, etc., duty.
training, except that such officers may be ordered to active duty thereafter for the purpose of instructing and training members of the Naval Reserve and the Marine Corps Reserve.
Sec. 6.
When officers, commissioned pursuant to this Act, are released from active duty that has been continuous for a period of four or more years, including active duty both as aviation cadets and as commissioned officers, they shall be paid a lump sum of $500 in addition to any pay and allowances which they may otherwise be entitled to receive, except as hereinafter provided.
Sec. 7.
Government life insurance issued in accordance with section 5 of the Act of April 15, 1935 (34 U. S. C., 846), shall continue when an aviation cadet is commissioned pursuant to this Act;
Premium charges.
the premiums thereon shall be deducted from the pay of the officers concerned and paid by the Secretary of the Navy to the Administrator of Veterans’ Affairs. When released from active duty or discharged they shall have the option of continuing such insurance at their own expense.
Sec. 8.
Aviation cadets who have completed active duty undergoing training on the date of approval of this Act and who may be commissioned pursuant thereto shall, upon completion of four years’ active duty, be paid a lump sum determined as $1,000 minus the excess of the pay and allowances received by them prior to the date of such completion of duty over the pay and allowances, with which shall be included Government paid insurance premiums, which they would have received as aviation cadets had they not been commissioned. No person shall be held to be indebted to the United States
Payments additional to discharge pay.
as a result of the provisions of this section. Payments authorized by this section shall be in addition to that authorized by section 6 of this Act.
Sec. 9.
Pay and allowances of officers commissioned pursuant to this Act shall be paid from appropriations for “Pay, Subsistence, and Transportation of Naval Personnel” and “Pay, Marine Corps”, except for those officers ordered to active duty pursuant to authority contained in the exception in section 5 of this Act the pay and allowances of whom shall be paid from appropriations for “Naval Reserve” and “Pay, Marine Corps”.
Sec. 10.
No back pay or allowances shall be held to have accrued under this Act prior to its enactment.
Sec. 11.
When first commissioned pursuant to this Act, officers shall be paid a uniform allowance of $150 provided they have not already received the uniform allowance of $150 authorized to be paid to aviation cadets upon their first assignment to duty after
Designated provisions repealed.
completion of training, and as provided in section 3 of the Act of April 15, 1935 (49 Stat. 157; 34 U. S. C. 844).
Sec. 12.
Section 1 of the Act of April 15, 1935 (49 Stat. 156; 34 U. S. C. 842), is hereby amended by deleting therefrom the last sentence.
Section 3 of the Act of April 15, 1935 (49 Stat. 157; 34
U. S. C. 844), is hereby amended by deleting therefrom the last sentence.
Section 6 of the Act of April 15, 1935 (49 Stat. 157; 34
U. S. C. 847), is hereby repealed.
The first proviso of section 5 of the Naval Reserve Act of
Aviation cadets and commissioned officers, active duty.
34 U. S. C., Supp. IV, § 853c.
1938 (52 Stat. 1176; 34 U. S. C. 853c) is hereby amended to read as follows: “ Provided, That aviation cadets and officers commissioned pursuant to authority contained in the Naval Aviation Reserve Act of 1939 may be required to serve on active duty for a continuous period of four years from date of appointment as aviation cadets.”
Sec. 13.
Section 10 of the Naval Reserve Act of 1938 (52 Stat.
Procurement and training.
34 U. S. C., Supp. IV, § 853h.
1178; 34 U. S. C. 853h), shall be applicable to the procurement and training of aviation cadets and of officers of the Naval Reserve and Marine Corps Reserve commissioned pursuant to this Act. The minimum numerical strength to be achieved in aviation officers of the reserves is set at six thousand.
Sec. 14.
The Secretary of the Navy is hereby authorized and
Appointment of board to investigate and report on personnel matters.
directed to appoint a board of officers of the Navy and Marine Corps to investigate and report upon all matters concerning the regular and reserve aviation personnel of the Navy and Marine Corps. The board shall make such recommendations, including recommendations regarding the enactment of permanent legislation, as it deems appropriate and justified concerning the subject matter herein referred to. The Secretary of the Navy is further directed to
Transmittal of report to Congress.
cause the report of the board herein authorized to be transmitted to the Congress within ten days of the beginning of the session of the Seventy-sixth Congress, commencing on or about January 3, 1940.
Approved, June 13, 1939.