Public Law 90–235

by inserting the following new sections after section 671:

70A Stat. 27.

Ҥ 671a. Members: service extension during war

“Unless terminated at an earlier date by the Secretary concerned, the period of active service of any member of an armed force is extended for the duration of any war in which the United States may lie engaged and for six months thereafter.

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Ҥ 671b. Members: service extension when Congress is not in session

“(a)“(a)

Notwithstanding any other provision of law, when the President determines that the national interest so requires, he may, if Congress is not in session, having adjourned sine die, authorize the Secretary of Defense to extend for not more than six months enlistments, appointments, periods of active duty, periods of active duty for training, periods of obligated service, or other military status, in any component of the Armed Forces of the United States, that expire before the thirtieth day after Congress next convenes or reconvenes.

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“(b)“(b)

An extension under this section continues until the sixtieth day after Congress next convenes or reconvenes or until the expiration of the period of extension specified by the Secretary of Defense, whichever occurs earlier, unless sooner terminated by law or Executive order;” and

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by inserting the following new item in the analysis thereof:

by redesignating section 501 as section “502”;

76 Stat. 748.

by inserting the following new sections:

Ҥ 501. Definition

“In this chapter ‘enlistment’ means original enlistment or reenlistment.

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Ҥ 503. Enlistments: recruiting campaigns

“The Secretary concerned shall conduct intensive recruiting campaigns to obtain enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, and Regular Coast Guard.

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Ҥ 504. Persons not qualified

“No person who is insane, intoxicated, or a deserter from an armed force, or who has been convicted of a felony, may be enlisted in any armed force. However, the Secretary concerned may authorize exceptions, in meritorious cases, for the enlistment of deserters and persons convicted of felonies.

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Ҥ 505. Regular components: qualifications, term, grade

“(a)“(a)

The Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, of qualified, effective, and able-bodied persons who are not less than seventeen years of age in the case of male persons and not less than eighteen years of age in the case of female persons, nor more than thirty-five years of age. However, no male person under eighteen years of age, or female person under twenty-one years of age, may be originally enlisted without the written consent of his parent or guardian, if he has a parent or guardian entitled to his custody and control.

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“(b)“(b)

A person is enlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard in the grade or rating prescribed by the Secretary concerned.

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“(c)“(c)

The Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be—

“(1)“(1)

of male persons for the duration of their minority or for a period of two, three, four, five, or six years; and

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“(2)“(2)

of female persons for a period of two, three, four, five, or six years.

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“(d)“(d)

In the Regular Army, female persons may be enlisted only in the Women’s Army Corps.

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“(e)“(e)

The Secretary concerned may accept reenlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, for periods of two, three, four, five, or six years. No enlisted member is entitled to be reenlisted for a period that would expire before the end of his current enlistment.

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Ҥ 506. Regular components: extension of enlistments during war

“An enlistment in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard in effect at the beginning of a war, or entered into during a war, unless sooner terminated by the President, continues in effect until six months after the termination of that war.

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Ҥ 507. Extension of enlistment for members needing medical care or hospitalization

“(a)“(a)

An enlisted member of an armed force on active duty whose term of enlistment expires while he is suffering from disease or injury incident to service and not due to his misconduct, and who needs medical care or hospitalization, may be retained on active duty, with his consent, until he recovers to the extent that he is able to meet the physi-cal requirements for reenlistment, or it is determined that recovery to that extent is impossible.

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“(b)“(b)

This section does not prevent the retention in service, without his consent, of an enlisted member of an armed force under section 972 of this title.

72 Stat. 1443.

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Ҥ 508. Reenlistment: qualifications

“(a)“(a)

No person whose service during his last term of enlistment was not honest and faithful may be reenlisted in an armed force. However, the Secretary concerned may authorize the reenlistment in the armed force under his jurisdiction of such a person if his conduct after that service has been good.

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“(b)“(b)

A person discharged from a Regular component may be reenlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, under such regulations as the Secretary concerned may prescribe.

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“(c)“(c)

This section does not deprive a person of any right to be reenlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard under any other provision of law.

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Ҥ 509. Voluntary extension of enlistments: periods and benefits

“(a)“(a)

Under such regulations as the Secretary concerned may prescribe, the term of enlistment of a member of an armed force may be extended or reextended with his written consent for any period. However, the total of all such extensions of an enlistment may not exceed four years.

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“(b)“(b)

When a member is discharged from an enlistment that has been extended under this section, he has the same rights, privileges, and benefits that he would have if discharged at the same time from an enlistment not so extended.

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Ҥ 518. Temporary enlistments

“Temporary enlistments may be made only in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, without specification of component.

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Ҥ 519. Temporary enlistments: during war or emergency

“Except as provided in section 505 of this title and except for enlistments

Ante, p. 754.

as Reserves of an armed force—

“(1)“(1)

temporary enlistments in an armed force entered into in time of war or of emergency declared by Congress shall be for the duration of the war or emergency plus six months; and

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“(2)“(2)

only persons at least eighteen years of age and otherwise qualified under regulations to be prescribed by the Secretary concerned are eligible for such enlistments.”; and

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by striking the following item out of the analysis:

70A Stat. 17.

and inserting the following new items in place thereof:

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by amending section 3253 to read as follows:

Ҥ 3253. Army: persons not qualified

“In time of peace, no person may be accepted for original enlistment in the Army unless he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence

66 Stat. 163.

8 USC 1101 note.

Repeals.

70A Stat. 177; 72 Stat. 1465.

under the applicable provisions of chapter 12 of title 8.”;

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by repealing sections 3252, 3254, 3255, 3256, 3262, and 3263; and

by striking out the following items in the analysis:

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by amending section 8253 to read as follows:

Ҥ 8253. Air Force: persons not qualified

“In time of peace, no person may be accepted for original enlistment in the Air Force unless he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the applicable provisions of chapter 12 of title 8.”;

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by repealing sections 8252, 8254, 8255, 8256, 8262, and 8263; and

by striking out the following items in the analysis:

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by adding the following new sections at the end thereof:

Ҥ 1169. Regular enlisted members: limitations on discharge

“No regular enlisted member of an armed force may be discharged before his term of service expires, except—

“(1)“(1)

as prescribed by the Secretary concerned;

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“(2)“(2)

by sentence of a general or special court martial; or

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“(3)“(3)

as otherwise provided by law.

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Ҥ 1170. Regular enlisted members: minority discharge

“Upon application by the parents or guardian of a regular enlisted member of an armed force to the Secretary concerned within 90 days after the member’s enlistment, the member shall be discharged for his own convenience, with the pay and form of discharge certificate to which his service entitles him, if—

“(1)“(1)

there is evidence satisfactory to the Secretary concerned that the member is under eighteen years of age; and

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“(2)“(2)

the member enlisted without the written consent of his parent or guardian.

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Ҥ 1171. Regular enlisted members: early discharge

“Under regulations prescribed by the Secretary concerned and approved by the President, any regular enlisted member of an armed force may be discharged within three months before the expiration of the term of his enlistment or extended enlistment. A discharge under this section does not affect any right, privilege, or benefit that a member would have had if he completed his enlistment or extended enlistment, except that the member is not entitled to pay and allowances for the period not served.

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Ҥ 1172. Enlisted members: during war or emergency; discharge

“A person enlisted under section 518 of this title may be discharged

Ante, p. 755.

at any time by the President, or otherwise according to law.”; and

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by inserting the following items in the analysis:

by inserting the following new section after section 711:

70A Stat. 32.

Ҥ 711a. American National Red Cross: detail of commissioned officers

“(a)“(a)

Commissioned officers of the Army, Navy, and Air Force may be detailed for duty with the American National Red Cross, by the Secretary of the military department concerned, as follows:

“(1)“(1)

for duty with the Service to the Armed Forces Division—

“(A)“(A)

one or more officers of the Army Medical Service;

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“(B)“(B)

one or more officers of the Medical Department of the Navy;and

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“(C)“(C)

one or more officers selected from among medical officers, dental officers, veterinary officers, medical service officers, nurses, and medical specialists of the Air Force; and

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“(2)“(2)

to be in charge of the first-aid department—

“(A)“(A)

an officer of the Medical Corps of the Army;

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“(B)“(B)

an officer of the Medical Corps of the Navy; or

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“(C)“(C)

a medical officer of the Air Force.”; and

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by inserting the following new item in the analysis thereof:

by adding the following new’ section:

Ҥ 973. Duties: regular officers; performance of civil functions restricted

“(a)“(a)

No officer on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard may accept employment if that employment requires him to be separated from his organization, branch, or unit, or interferes with the performance of his military duties.

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“(b)“(b)

Except as otherwise provided by law, no officer on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard may hold a civil office by election or appointment, whether under the United States, a Territory or possession, or a State. The acceptance of such a civil office or the exercise of its functions by such an officer terminates his military appointment.”; and

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by adding the following new item at the end of the analysis:

by adding the following new sections at the end thereof:

Ҥ 747. Command: when different commands of Army, Navy, Air Force, Marine Corps, and Coast Guard join

“When different commands of the Army, Navy, Air Force, Marine Corps, and Coast Guard join or serve together, the officer highest in rank in the Army, Navy, Air Force, Marine Corps, or Coast Guard on duty there, who is otherwise eligible to command, commands all those forces unless otherwise directed by the President.

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Ҥ 749. Command: commissioned officers in same grade or corresponding grades on duty at same place

“(a)“(a)

When the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, has on duty in the same area, field command, or organization two or more commissioned officers of the same grade who are otherwise eligible to command, the President may assign the command without regard to rank in that grade.

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“(b)“(b)

When officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard are on duty in the same area, field, command, or organization and two or more commissioned officers of different services, who are otherwise eligible to command, have the same grade or corresponding grades, the President may assign the command without regard to rank in that grade.”; and

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by adding the following new items at the end of the analysis:

by adding the following new section:

Ҥ 974. Civilian employment: enlisted members

70A Stat. 388.

“Except as provided in section 6223 of this title no enlisted member of an armed force on active duty may be ordered or permitted to leave his post to engage in a civilian pursuit or business, or a performance in civil life, for emolument, hire, or otherwise, if the pursuit, business, or performance interferes with the customary or regular employment of local civilians in their art, trade, or profession.”: and

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by adding the following new item at the end of the analysis:

by adding the following new section:

Ҥ 1040. Replacement of certificate of discharge

“If satisfactory proof is presented that a person who was discharged honorably or under honorable conditions has lost his certificate of discharge from an armed force or that it was destroyed without his procurement or connivance, the Secretary concerned may give that person, or his surviving spouse, a certificate of that discharge, indelibly marked to show that it is a certificate in place of the lost or destroyed certificate. A certificate given under this section may not be accepted as a voucher for the payment of a claim against the United States for pay, bounty, or other allowance, or as evidence in any other case.”; and

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by adding the following new item at the end of the analysis: