July 18, 1962, Pub. L. 87-536, 76 Stat. 167; Sept. 3, 1963, Pub. L. 88-110, § 2, 77 Stat. 134; July 7, 1964, Pub. L. 88-360, 78 Stat. 296; June 30, 1967, Pub. L. 90-40, § 1(4)-(7), 81 Stat. 100-102, 104; Dec. 31, 1970, Pub. L. 91-604, § 15(b) (8) (B), 84 Stat. 1712.)

REFERENCES IN TEXT

This Act, referred to in subsec. (b) (3), (c) (2) (B), (C), (D), (d) (1), (2), and (h) (2), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended. Title I of the Act, as amended, is classified to sections 451, 453, 454, 455, 456, and 458-471 of this Appendix. Title II of the Act was classified to various sections of former Title 10, Army and Air Force. See Tables volume. For location of such sections in revised Title 10, Armed Forces, see disposition table set out at the beginning of Title 10, Armed Forces.

Section 4(g), referred to in subsec. (b) (4) and formerly classified as section 454 (g) of this Appendix, was repealed by act June 19, 1951, § 1 (h).

The act of August 13, 1946 (60 Stat. 1057), as amended, referred to in subsec. (d) (1), was classified to sections 61, 405a, 821, 1020-10201, 1032, 1039, and 1040 of former Title 34, Navy. See sections 2104, 2106, 2110, 5504, 5575, 6023, 6392, 6909, 6954, 6956 and 6958 of Title 10, Armed Forces.

AMENDMENTS

1970 Subsec. (b) (2). Pub. L. 91-604 inserted "the Environmental Protection Agency," after "Department of Justice,"

1967-Subsec. (a). Pub. L. 90-40, § 1(5), designated existing provisions as par. (1), added par. (2), and, in par. (1) as redesignated, substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey", removed commissioned officers, warrant officers, pay clerks, enlisted men, aviation cadets, and, while on active duty, members of the reserve component, of the Public Health Service from the list of enumerated personnel relieved from the registration requirement of section 453 and the training and service requirement of section 454, added cadets, United States Air Force Academy, to such list, and added proviso that a person in a medical, dental, or allied specialist category not otherwise deferred or exempted under subsec. (a) be liable for registration, training, and service until the thirty-fifth anniversary of the date of his birth.

Subsec. (c) (2) (A). Pub. L. 90-40, § 1(4), gave standby authority to both the Governors of the individual states, in the case of the National Guard, and to the President, in the case of the other reserve components, to permit the voluntary enlistment of registrants into these components during the period following their receipt of an induction notice and the date required for their actual induction, provided that there had previously issued a proclamation that the Governor or the President is not otherwise able to maintain the personnel strengths of the respective components.

Subsec. (h). Pub. L. 90-40, § 1(6), established uniform criteria for all undergraduate deferments to continue only until a registrant receives a baccalaureate degree, fails to pursue a full-time course of instruction satisfactorily, or reaches the age of 24, whichever occurs first, at which point students are required to be exposed to the hazards of induction in the prime age group in the same manner as their contemporaries who had not been provided student deferments, continued the President's wide latitude in providing deferments for graduate students in medicine, dentistry, or other subjects deemed essential to the national health, safety, or interest, continued the President's authority to prescribe areas of deferment based upon occupations or professions essential to the national Interest, and called for greater uniformity in the administration of classification criteria for persons subject to induction.

Subsec. (1). Pub. L. 90-40, § 1(7), struck out provision that religious training and belief stem from the individual's belief in a relation to a Supreme Being involving duties superior to those arising from any human relationship, and eliminated the requirement for a hearing by the Department of Justice when there is an appeal from a local board decision denying conscientious obJector status.

1964 Subsec. (o). Pub L. 88-360 exempted sole surviving sons from induction in cases where the father was killed in action or in line of duty, permitted the sole surviving son to volunteer for induction, and terminated the exemption during time of war or national emergency thereafter declared by Congress.

1963-Subsec. (c) (2). Pub. L. 88-110, among other changes, authorized deferment of persons who prior to attaining age 26 and to the issuance of induction orders enlisted or accepted appointment in the Ready Reserve of any reserve component, Army National Guard, or Air National Guard, and served satisfactorily, exempted such persons from induction after completing 6 years service and who during such service performed active duty for training for not less than 4 consecutive months, and eliminated provisions which deferred persons who prior to attaining 18 years and 6 months of age, and prior to issuance of induction orders, enlisted or accepted appointment in any organized unit of the National Guard, exempted such persons from training and service by reason of subsec. (h) of this section after they attained age 28, or who completed 8 years of service in such unit and performed active duty for training for not less than 3 consecutive months, authorized the President to accept enlistments in the Ready Reserve, whenever he determined its strength could not be maintained at a necessary level for defense, of persons who had not attained age 18 years and 6 months, and who had not been ordered to report for induction, and exempted such persons from liability under subsec. (h) of this section after attaining age 28 years, permitted volunteers to perform a period of active duty pursuant to former section 1013 of Title 50, and exempted such persons from induction after serving 8 years in the Ready Reserve.

1962-Subsec. (d). Pub. L. 87-536 inserted "Except as provided in paragraph (5)," preceding "upon the successful completion by any person", and added par. (5).

1961-Subsec. (c) (2). Pub. L. 87-378, § 1(1), included members of the National Guard deferred by clause (A) of this paragraph, or any person enlisted or appointed in the Ready Reserve of any reserve component other than under section 511(b) of this title, the Army National Guard or the Air National Guard after Oct. 4, 1961, but prior to attaining age 26, who fail to serve satisfactorily as a member of their components within clause (E) of this paragraph, and deleted "or appointed" which followed "may provide that any person enlisted."

Subsec. (d) (1). Pub. L. 87-378, § 1(2), substituted "If, at the time of, or subsequent to, such appointment" for "If, at the time of such appointment", changed the period of active duty for training in grade, where the armed force in which such person is commissioned does not require his service on active duty, from 6 months to a period of not less than 3 months or more than 6 months, not including duty performed under section 270 (a) of Title 10, Armed Forces, as is determined to qualify such person for a mobilization assignment, and substituted the requirement that upon being commissioned and assigned to a reserve component, such person must serve therein, or in a reserve component of any other armed force in which he is later appointed, for provisions which required such person to be returned to inactive duty and assigned to an appropriate reserve unit upon completion of the required period of active duty for training 1958 Subsec. (c) (2) (F). Pub. L. 85-722 added subsec. (c) (2) (F). 1957-Subsec. (b) (5) (E). Pub. L. 85-62, § 6, added subsec. (b) (5) (E).

Subsec. (d) (4). Pub. L. 85-62, § 7, added subsec. (d) (4).

1955 Subsec. (a). Act June 30, 1955, § 101(a), exempted from training and service, but not from registration, those persons who served on active duty for not less than 18 months since June 24, 1948 in the armed forces of a nation with which the United States is assoclated in mutual defense activities.

Subsec. (b) (3). Act June 30, 1955, § 101 (b), exempted individuals who have served not less than one year after September 16, 1940, or who were discharged after such date for the convenience of the Government and had served not less than six months, or who served not less than twenty-four months in the Public Health Service or in the Coast and Geodetic Survey.

Subsec. (c) (2). Act Aug. 9, 1955, § 3(b), exempted from induction persons who have completed eight years of satisfactory service as members of an organized unit of the National Guard, with a minimum of not less than three consecutive months of active duty for training, and to add clauses (C), (D), and (E).

Subsec. (c) (2) (A). Act June 30, 1955, § 101(c), inserted provisions to exempt persons from liability for induction after attaining age 28.

Subsec. (d) (1). Act Aug. 9, 1955, § 3 (c), deferred from induction any person who agrees to remain a member of a regular or reserve component until the sixth anniversary of the receipt of a commission, provided that all qualified graduates must be tendered a commission in the appropriate reserve component, and permitted active duty for training for a period of six months upon completion of which he must serve in the component in which appointed until the eighth anniversary of the receipt of the commission.

Subsec. (d) (2). Act Aug. 9, 1955, § 3(d), permitted deferment of commissioned officers who perform satisfactory service in an appropriate unit of the Ready Reserve.

Subsec. (h). Act June 30, 1955, § 101 (d), provided that determination of deferment shall not be based on existence of a shortage or a surplus of any agricultural commodity.

1951-Subsec. (a). Act June 19, 1951, § 1(1), exempted Naval reserve midshipmen attending merchant marine schools and students enrolled in military colleges which have approved ROTC courses from registration and induction.

Subsec. (c). Act June 19, 1951, § 1(m), substituted "February 1, 1941" for "the effective date of this title" in paragraph (1), to insert "prior to the * report for induction" following "six months" in paragraph (2)(A), and inserted ", paragraph (1) of this subsection" following "subsection (b)" in paragraph (2) (B).

Subsec. (d). Act June 19, 1951, § 1(n), continued deferments to ROTC members but increased their period of service from 2 years to 6 years after receiving their commission (including 2 years active duty or 3 years active duty if financial assistance is received), authorized establishment of other training programs, and provided for the President's deferment power.

Subsec. (h). Act June 19, 1951, § 1(o), removed the President's authority to defer married men who have no dependents other than a wife solely on a basis of such marriage unless extreme hardship is involved, permitted the induction of persons now deferred until the thirtyfifth anniversary of their birth should the basis for deferment terminate after their 26th birthday, and added "dental, optometric, osteopathic, and chiropractic" to the list of endeavors which may be considered for deferment purposes.

Subsec. (1). Act June 19, 1951, § 1(p), authorized deferment of high school and college students in lieu of postponement of induction in order to give them an opportunity to enlist in the branch of service of their choice during such deferment period.

Subsec. (1). Act June 19, 1951, § 1(q), substituted "in lieu of * under this title" for "be deferred" in third sentence, and "he shall in * * * under this title" for "he shall be deferred" in seventh sentence.

1950 Subsec. (b)(2). Act Sept. 27, 1950, struck out of subdivisions (A) and (B) the phrases "or the Coast Guard", "(or the Coast Guard)", and "or in the Coast Guard" wherever appearing.

EFFECTIVE AND TERMINATION DATE OF 1957
AMENDMENTS

Pub. L. 85-62 effective July 1, 1957, and terminating July 1, 1967, see note set out under section 454 of this Appendix.

SHORT TITLE OF ACT JUNE 30, 1955 Section 1 of act June 30, 1955, provided that the Act enacting amendments to sections 454 (1) (1), 454a, 456(a), 456 (b) (3), 456 (c) (2) (A), 456 (h), 467, and 2216 of this Appendix, and section 234 of former Title 37, Pay and Allowances, should be popularly known as the "1955 Amendments to The Universal Military Training and Service Act".

PRIOR OBLIGATED SERVICE Section 5 of Pub. L. 88-110 provided that: "This Act [amending subsec. (c) (2) of this section, section 463 (a) of this title and sections 270(b) and 511(d) of Title 10, and repealing section 1013 of Title 50] shall not affect any term of obligated service incurred before the effective date of this Act [Sept. 3, 1963]. In addition, the enactment of this Act [Sept. 3, 1963] shall not increase the minimum period of active duty or active duty for training that is required on the day before the effetcive date of this Act to earn an exemption from training and service under the Universal Military Training and Service Act, as amended (50 U.S.C. App. 451 et seq.), in the case of persons who entered the Armed Forces before the effective date of this Act."

TRANSFER OF FUNCTIONS

Secretary of Transportation has been substituted for Secretary of the Treasury pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all functions, powers, and duties, relating to the Coast Guard of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury. See section 1655 (b)(1) of Title 49, Transportation. Section 1655(b)(2) of Title 49, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in this section.

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Employees.

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. -, set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

The Coast and Geodetic Survey was consolidated with the Weather Bureau of the Department of Commerce to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5. Government Organization and Employees. All personnel (including commissioned officers) of the Survey and all property held or used by the Survey were deemed transferred to the Administration, and all functions of the Survey, not already transferred by 1950 Reorg. Plan No. 5, were transferred to the Secretary of Commerce.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Plan excepted from the transfer the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard was operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. The functions of all officers of the Department of Commerce and all functions of all officers and employees of the Department, were, with a few exceptions, transferred to the Secretary of Commerce, with power vested

in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. The Coast and Geodetic Survey, referred to in this section, is an agency within the Department of Commerce.

CROSS REFERENCES

Selective Service officials and employees, no exemptions for, see section 460 of this Appendix.

Ex. ORD. No. 10028. DEFINITION OF NONCOMBATANT SERVICE AND NONCOMBATANT TRAINING

Ex. Ord. No. 10028, Jan. 14, 1949, 14 F.R. 211, provided: 1. The term "noncombatant service" shall mean (a) service in any unit of the armed forces which is unarmed at all times; (b) service in the medical department of any of the armed forces, wherever performed; or (c) any other assignment the primary function of which does not require the use of arms in combat; provided that such other assignment is acceptable to the individual concerned and does not require him to bear arms or to be trained in their

use.

2. The term "noncombatant training" shall mean any training which is not concerned with the study, use, or handling of arms or weapons.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451, 453, 454, 455, 459, 460, 461, 462, 463, 464, 465, 466, 467, 469, 470 of this Appendix; title 10 section 651; title 37 section 209.

§ 457. Repealed. June 19, 1951, ch. 144, § 1 (r), 65 Stat. 86.

Section, act June 24, 1948, ch. 625, title I, § 7, 62 Stat. 614, related to active duty for certain members of reserve components.

§ 458. Bounties for enlistment or induction; substitutes; purchase of release.

No bounty may be paid to induce any person to be inducted into an armed force. A clothing allowance authorized by law is not a bounty for the purposes of this section. No person liable for training and service under this Act may furnish a substitute for that training or service. No person may be enlisted, inducted, or appointed in an armed force as a substitute for another. No person liable for training and service under section 4 [section 454 of this Appendix] may escape that training and service or be discharged before the end of his period of training and service by paying money or any other valuable thing as consideration for his release from that training and service or liability therefor. (June 24, 1948, ch. 625, title I, § 8, 62 Stat. 614; Aug. 10, 1956, ch. 1041, § 22(d), 70A Stat. 630.)

REFERENCES IN TEXT

This Act, referred to in subsec. text, is act June 24, 1948, ch. 625, 62 Stat. 604, as amended. Title I of the act, as amended, is classified to sections 451, 453, 454, 455, 456, and 458-471 of this Appendix. Title II of the Act was classified to various sections of former Title 10, Army and Air Force. See Tables volume. For location of such sections in revised Title 10, Armed Forces, see disposition table set out at the beginning of Title 10, Armed Forces.

CODIFICATION

Act Aug. 10, 1956, § 53, purportedly repealed this section, however, section 22(d) of act Aug. 10, 1956, amended this section to eliminate provisions which prohibited the payment of any bounty to induce any person to enlist in the Armed Forces, which provisions are now covered by section 514 of Title 10, Armed Forces.

AMENDMENTS

1956 Act Aug. 10, 1956, eliminated provisions which prohibited the payment of any bounty to induce any person to enlist into the Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451, 453, 454, 455, 456, 459, 460, 461, 462, 463, 464, 465, 466, 467, 469, 470 of this Appendix.

§ 459. Separation from service.

(a) Certificate recording proficiency and merit; physical examination.

Any person inducted into the armed forces under this title [sections 451, 453, 454, 455, 456 and 458 to 471 of this Appendix] for training and service, who, in the judgment of those in authority over him, satisfactorily completes his period of training and service under section 4(b) [section 454(b) of this Appendix] shall be entitled to a certificate to that effect upon the completion of such period of training and service, which shall include a record of any special proficiency or merit attained. In addition, each such person who is inducted into the armed forces under this title [said sections] for training and service shall be given a physical examination at the beginning of such training and service, and upon the completion of his period of training and service under this title [said sections], each such person shall be given another physical examination and, upon his written request, shall be given a statement of physical condition by the Secretary concerned: Provided, That such statement shall not contain any reference to mental or other conditions which in the judgment of the Secretary concerned would prove injurious to the physical or mental health of the person to whom it pertains: Provided further, That, if upon completion of training and service under this title [said sections], such person continues on active duty without an interruption of more than seventy-two hours as a member of the Armed Forces of the United States, a physical examination upon completion of such training and service shall not be required unless it is requested by such person, or the medical authorities of the Armed Force concerned determined that the physical examination is warranted.

(b) Reemployment rights.

In the case of any such person who, in order to perform such training and service, has left or leaves a position (other than a temporary position) in the employ of any employer and who (1) receives such certificate, and (2) makes application for reemployment within ninety days after he is relieved from such training and service or from hospitalization continuing after discharge for a period of not more than one year

(A) if such position was in the employ of the United States Government, its Territories, or possessions, or political subdivisions thereof, or the District of Columbia, such person shall

(i) if still qualified to perform the duties of such position, be restored to such position or to a position of like seniority, status, and pay; or

(ii) if not qualified to perform the duties of such position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the employer, be restored to such other position the duties of which he is qualified to perform as will provide him like seniority, status, and pay, or the

thereto. In any case in which the Commission determines that there is such a position, such person shall be restored to such position by the agency in which such position exists or by the government of the District of Columbia, as the case may be. The Commission is authorized and directed to issue regulations giving full force and effect to the provisions of this section insofar as they relate to persons entitled to be restored to positions in the executive branch of the Government or in the government of the District of Columbia, including persons entitled to be restored under the last sentence of paragraph (2) of this subsection. The agencies in the executive branch of the Government and the government of the District of Columbia shall comply with such rules and regulations and orders issued by the Commission pursuant to this subsection. The Commission is authorized and directed whenever it finds, upon appeal of the person concerned, that any agency in the executive branch of the Government or the government of the District of Columbia has failed or refuses to comply with the provisions of this section, to issue an order specifically requiring such agency or the government of the District of Columbia to comply with such provisions and to compensate such person for any loss of salary or wages suffered by reason of failure to comply with such provisions, less any amounts received by him through other employment, unemployment compensation, or readjustment allowances: Provided, That any such compensation ordered to be paid by the Commission shall be in addition to and shall not be deemed to diminish any of the benefits of such provisions, and shall be paid by the head of the agency concerned or by the government of the District of Columbia out of appropriations currently available for salary and expenses of such agency or government, and such appropriations shall be available for such purpose. As used in this paragraph, the term "agency in the executive branch of the Government" means any department, independent establishment, agency, or corporation in the executive branch of the United States Government.

(2) Any person who is entitled to be restored to a position in accordance with the provisions of paragraph (A) of subsection (b) of this section and who was employed, immediately before entering the armed forces, in the legislative branch of the Government, shall be so restored by the officer who appointed him to the position which he held immediately before entering the armed forces. In any case in which it is not possible for any such person to be restored to a position in the legislative branch of the Government and he is otherwise eligible to acquire a status for transfer to a position in the classified (competitive) civil service in accordance with section 2 (b) of the Act of November 26, 1940 (54 Stat. 1212) [see section 3304 (c) of Title 51, the United States Civil Service Commission shall, upon appeal of such person, determine whether or not there is a position in the executive branch of the Government for which he is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the Commission determines that there is such a position such person shall be restored to such position by the agency in which such position exists. 47-500 0-71-vol. 11-15

(3) Any person who is entitled to be restored to a position in accordance with the provisions of paragraph (A) of subsection (b) of this section and who was employed, immediately before entering the armed forces, in the judicial branch of the Government, shall be so restored by the officer who appointed him to the position which he held immediately before entering the armed forces.

(f) Priority of rights to reemployment.

In any case in which two or more persons who are entitled to be restored to a position under the provisions of this section or of any other law relating to similar reemployment benefits left the same position in order to enter the armed forces, the person who left such position first shall have the prior right to be restored thereto, without prejudice to the reemployment rights of the other person or persons to be restored.

(g) Reemployment benefits to persons enlisting or called to active duty.

(1) Any person who, after entering the employment to which he claims restoration, enlists in the Armed Forces of the United States (other than in a reserve component) shall be entitled upon release from service under honorable conditions to all the reemployment rights and other benefits provided for by this section in the case of persons inducted under the provisions of this title, if the total of his service performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any service, additional or otherwise performed by him after August 1, 1961, does not exceed five years, provided that the service in excess of four years after August 1, 1961, is at the request and for the convenience of the Federal Government (plus in each case any period of additional service imposed pursuant to law).

(2) (A) Any person who, after entering the employment to which he claims restoration enters upon active duty (other than for the purpose of determining his physical fitness and other than for training), whether or not voluntarily, in the Armed Forces of the United States or the Public Health Service in response to an order or call to active duty shall, upon his relief from active duty under honorable conditions, be entitled to all of the reemployment rights and benefits provided by this section in the case of persons inducted under the provisions of this title, if the total of such active duty performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any such active duty, additional or otherwise, performed after August 1, 1961, does not exceed four years (plus in each case any additional period in which he was unable to obtain orders relieving him from active duty).

(B) Any member of a Reserve component of the Armed Forces of the United States who voluntarily or involuntarily enters upon active duty (other than for the purpose of determining his physical fitness and other than for training) or whose active duty is voluntarily or involuntarily extended during a period when the President is authorized to order units of the Ready Reserve or members of a Reserve component to active duty shall have the service limitation governing eligibility for reemployment rights