Volume 54 · 789
Public Law 76–684
To amend the Act entitled “An Act for the protection of certain enlisted men of the Army”, approved August 19, 1937, and for other purposes.
Approved August 16, 1940
Statutory text
AN ACT
To amend the Act entitled “An Act for the protection of certain enlisted men of the Army”, approved August 19, 1937, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That
Protection of certain enlisted men of the Army.
the body of the Act entitled “An Act for the protection of certain enlisted men of the Army”, approved August 19, 1937 (50 Stat. 696), be, and the same is hereby, amended to read as follows:
Reenlist merit of aliens.
Extension of time for perfecting citizenship; conditions.
“That, notwithstanding the language contained in the second proviso under the subheading ‘Pay, and so forth, of the Army’ of the Act of July 1, 1937 (50 Stat. 446), and similar provisos of other Acts heretofore or hereafter enacted, any alien otherwise eligible for enlistment in the Regular Army, who shall have been an enlisted man therein for any period subsequent to June 30, 1937, who shall have made a valid and still effective declaration of intention to become a citizen of the United States, or shall have furnished prima facie evidence of his eligibility for admission to such citizenship without prior formal declaration of intention, and shall have agreed in writing to complete his naturalization without unnecessary delay, shall up to and including June 30, 1943, be deemed eligible (1) if in the service, for continuance therein until expiration of current enlistment, for reenlistment, and for continuance in the service under such reenlistment not later than June 30, 1943; (2) if not in the service, for reenlistment and for continuance in the service under such reenlistment not later than June 30, 1943; and (3) in either ease for receipt while so serving of the pay of his grade and length of prior service: Provided, That Filipinos who were serving in the Army
Proviso.
Reenlistment of Filipinos.
on July 1, 1937, may be retained in the service under current enlistments and may be reenlisted without regard to their citizenship status, and may receive their proper pay and allowances under such enlistments and reenlistments.
“Sec. 2.
Hereafter, service in the Regular Army honorably terminated
Army service as legal residence under naturalization laws.
shall be credited for purposes of legal residence under the naturalization laws of the United States, regardless of the legality or illegality of the original entry into the United States of the alien, the certificate of the honorable termination of such service or a duly authenticated copy thereof made by a naturalization examiner of the Immigration and Naturalization Service being accepted in lieu of the certificate from the Department of Labor of the alien’s arrival in the United States required by the naturalization laws; and service so credited in each case shall be considered as having been performed immediately preceding the filing of the petition for naturalization.”
Approved, August 16, 1940.