Page:United States Statutes at Large Volume 66.djvu/537

 66 S T A T. ]

P U B L I C LAW

4 7 6 - J U L Y 9,

1952

491

SEC. 235. (a) I n order that members of the reserve components may agreements. "*^ remain on or be ordered to active duty voluntarily for terms of service of definite duration, the appropriate Secretary may, except in time of war hereafter declared by the Congress, enter into standard written agreements with members of the reserve components for periods of active duty not to exceed five years. Upon expiration of an agreement for active duty, a new agreement may be effected pursuant to this section. Each agreement shall provide that the member shall not be released from active duty involuntarily during the period of the agreement— (1) by reason of a reduction in numerical strength of the military personnel of the Armed Force of the United States concerned unless his release is in accordance with the recommendation of a board of officers appointed by competent authority to determine the members to be released from active duty under regulations prescribed by the appropriate Secretary; or (2) for reasons other than that prescribed in paragraph (1) above without an opportunity to be heard by a board of officers prior to such release, unless such release from active duty is pursuant to sentence of courts-martial, unexplained absence without leave of three months duration, or final conviction and sentence to confinement in a Federal or State penitentiary or correctional institution. (b) Any member involuntarily released from active duty prior to the expiration of the period of service under his agreement (except when such release is pursuant to sentence of courts-martial, or unexplained absence without leave of three months duration, or final conviction and sentence to confinement in a Federal or State penitentiary or correctional institution, or when such release is due to a physical disability resulting from the member's intentional misconduct or willful neglect, or when the member is eligible for retirement pay or severance pay under any other provision of law, or when he is placed on a temporary disability retired list, or when he is released for the purpose of accepting an appointment or enlisting in a Regular component) shall be entitled to receive an amount equal to one month's pay and allowances multiplied by the number of years (including any pro rata part thereof) remaining as the unexpired period of his agreement for active duty, such amount to be in addition to any pay and allowances which he may otherwise be entitled to receive. Computation of amounts payable by reason of termination of each such agreement shall be based on the basic pay, special pay, and allowances to which the member concerned is entitled at the time of his release from active duty. Fractions of a month less than fifteen days shall be disregarded and fifteen days or more shall be counted as one month. (c) A member of a reserve component who enters into a written agreement under this section shall be obligated to serve for the full period of active duty specified in the written agreement. (d) No person shall be offered a written agreement under this section unless the period of active duty specified in the agreement exceeds by at least twelve months any period of obligated or involuntary active duty to which he is otherwise liable. (e) Agreements entered into pursuant to this section shall be as uniform as practicable, and shall be subject to such standards and policies as the Secretary of Defense (and the Secretary of the Treasury for the Coast Guard when the Coast Guard is not operating as a service in the Navy) may prescribe. (f) This section shall be effective upon enactment of this Act. SEC. 236. In time of war or national emergency hereafter declared involuntary reby the Congress or in time of national emergency proclaimed by the

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