Page:United States Statutes at Large Volume 52.djvu/1217

 PUBLIC LAWS-CH. 690-JUNE 25, 1938 Composition of Naval Reserve. Provisos. Appointment of fe- male registered nurses in Volunteer Reserve. Other services pro- hibited, except Naval Militia. Civil employment, etc., not affected. Active duty of members, including retired list, in time of war or emergency. Post, p. 1183. In time of peace. Provisos. Aviation cadets, service. Release from active duty. Discharge. Provisos. Discharge for cause, hearing. Separation of offi- cers and enlisted men on active duty. Retired list subject to Navy laws, etc. Commissioned offi- cers on active duty, etc. SEC. 4. The Naval Reserve shall be composed of male citizens of the United States and of the insular possessions of the United States who have attained the age of seventeen years and who, by appoint- ment or enlistment therein under regulations prescribed by the Secre- tary of the Navy or by transfer thereto as in this Act provided, obligate themselves to serve in the Navy in time of war or when in the opinion of the President a national emergency exists: Pro- vided, That female registered nurses may be appointed in the Volun- teer Reserve under regulations prescribed by the Secretary of the Navy: Providedfurther, That no officer or man of the Naval Reserve shall be a member of any other naval or military organization except the Naval Militia: And provided further, That no existing law shall be construed to prevent any member of the Naval Reserve from accepting employment in any civil branch of the public service nor from receiving the pay and allowances incident to such employment in addition to any pay and allowances to which he may be entitled under the provisions of this Act, nor as prohibiting him from prac- ticing his civilian profession or occupation before or in connection with any department of the Federal Government. SEC. 5. Any member of the Naval Reserve, including those on the honorary retired list created by section 309, title III, of this Act, or who may have been retired, may be ordered to active duty by the Secretary of the Navy in time of war or when in the opinion of the President a national emergency exists and may be required to per- form active duty throughout the war or until the national emergency ceases to exist; but in time of peace, except as otherwise provided in this Act, he shall be ordered to or continued on active duty with his own consent only: Provided,That aviation cadets may be required to serve on active duty for a continuous period of four years from date of appointment: Provided further, That the Secretary of the Navy may release any member from active duty either in time of war or in time of peace. SEC. 6. In time of peace no officer or man of the Naval Reserve shall be discharged except upon expiration of his term of service or upon his own request or for full and sufficient cause, in the discre- tion of such administrative authority as the Secretary of the Navy may designate: Provided, That within a reasonable time prior to discharge for cause, officers shall be given an opportunity to be heard by the Secretary of the Navy, or such administrative authority or other agency as he may designate, which opportunity will be con- sidered as having been given through the mailing of notice to their address on file in the Navy Department: Provided further, That offi- cers and enlisted men of the Naval Reserve on active duty shall be subject to separation therefrom in the same manner as may be pro- vided by or in pursuance of law for the separation of officers and enlisted men of the Regular Navy: And provided further, That mem- bers of the Fleet Reserve and officers and enlisted men who may have heretofore been transferred to the retired list of the Naval Reserve Force or the Naval Reserve or the honorary retired list with pay or may hereafter be so transferred, shall at all times be subject to the laws, regulations, and orders for the government of the Navy, and shall not be discharged therefrom prior to the expiration of their term of service, without their consent, except by sentence of a court martial, or, in the discretion of the Secretary of the Navy, when sentenced by civil authorities to confinement in a State or Federal penitentiary as a result of a conviction for a felony. SEC. 7. Commissioned officers of the Naval Reserve, including those on the honorary retired list or who may have been retired, when 1176 [52 STAT.

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