Page 48 - AL POST 390 OFFICER'S GUIDE AND MANUAL OF CEREMONIES - 2020

Merchant Marine

A January 19,1988, decision of the Secretary of the Air Force granted veteran status, not just veterans
benefits, to its members of the Merchant Marine and certain employees of the Army and Navy during
the period of December 7,1941, to December 31,1946. The federal government considers such service
to be "active-duty" service. Affected individuals must apply for a discharge or certificate of release. A
DD 214 record of service will be issued showing service in the Army, Navy or Coast Guard, depending
on the individual's service. In this case, the individuals would be eligible and no action is needed byThe
American Legion. Often, these DD 214s will also show the Merchant Marine as a component of one of the
armed forces (e.g. Army, Navy, Coast Guard, Army Air Corps or Marines). Since The American Legion has
never looked beyond active duty in one of the armed forces, the particular component does not affect
membership eligibility.

Active Duty for Training (ACDUTRA)

The situation regarding personnel who enter "active duty for training" -the so-called "six-month enlistees" -
is outlined in a letter from Col. A.S. Sadove, Commanding Officer, U.S. Army Reserve Components Personnel
Center, Fort Benjamin Harrison, Indiana, to National Judge Advocate B.G. Davis, dated November 14,1966:
'`At the present time individuals with no prior service may be enlisted to fill unit vacancies in the Unlted States
Reserve.These enlistments are accomplished under the Reserve Enlistment Program announced in 1963 (Public
Law 88-110)` The enlistment must be for a period of six years. Reservists enlisted under this program are required
to perform an initial period of active duty for trainlng with the active Army during which time they receive basic
combat training and occupational specialty training. . . commonly referred to as ACDUTRA. As a mlnlmum, each
Reservist must perform at least four months on actlve duty for training. The maximum period of active duty for
training depends upon the time required to fully qualify the Reservist to perform the occupational specialty and
may exceed six months. The period during whlch a Reservlst performs actlve duty for training is credltable as
active Federal service in the same manner as for other soldiers . . ."

The matter of American Legion membership eligibility for the Individual who has completed a period of
'`active duty for training"and been issued a DD 214 to show honorable separation from service revolves
around the question of whether the "active duty,"as used in Section 1 of Article lv of the National
Constitution of The American Legion, included '`active duty for training."
Title 10, u.S. Code Annotated Section 101, Subparagraph (22) states, ```Acf/.ve dufy'mecin5 fu//-i/.me duty /.n fhe
actlve military service of the United States. It Includes . . . full-time training duty . . . In clause (22), the definition of
`active duty' is based on the definition of `active duty for Federal service' in the source statute, since it I.s believed
to be closer to general usage than in the definition in 50 U.S.CA.901 (b)."

ln a general information memorandum dated September 9,1966, explaining the eligibility changes
resulting from the action of the 48th National Convention, The American Legion's national adjutant stated,
"Upon the conclusion of the period of training, the six-month enlistees are normally transferred to the Active

Reserve and at that time will normally receive a Form DD 214 (Report of Separation from the Army of the United
States). This form, if showing the termincltion of any period of honorable service on or after August 5,1964 (now
February 28,1961 ), may be accepted as evidence of eligibility for membership."
The weight of evidence indicates that, for purposes of eligibility for membership in The American Legion,
the term "active duty," as used in the National Constitution of The American Legion, includes "active duty for
training" as performed under Public Law 88-110, and in each case referred to National Judge Advocate B.G.
Davis, the September 9,1966, announcement by the national adjutant has been found valid.

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