Page 49 - AL POST 390 OFFICER'S GUIDE AND MANUAL OF CEREMONIES - 2020

Two-week National Guard training

Training periods in the National Guard -usually of two weeks'duration -or other periods of service with
the National Guard do not meet eligibility requirements unless the Guard unit was federalized and the
individual's separation papers record a period of active duty in the military forces of the United States.

Place of service not a consideration

Place of service is not a consideration in the determination of eligibillty. For example, although reference is
frequently made to the Vietnam veteran, service in Vietnam is not a requirement of membership.

Active duty required

Since language used in changing the Legion's charter and national constitution is exactly the same as used
in the past, the basic requirement as a condition of eligibility has not changed in any respect since World
War I: active duty in the military forces during a defined period of hostilities. This requirement was stated
succinctly by National Judge Advocate F{.A. Adams in a letter dated March 20,1925: "„. service is the test,
subject to the fact that the ex-serviceman was not dishonorably discharged."

This statement was made in connection with a ruling made by the judge advocate at that time that those
enrolled in the U.S. military academies during World War I were eligible for American Legion membership
without regard to whether any other service was performed, or even whether the individual completed
training at the academy. In the specific case in which thi.s ruling was made, the individual had terminated
training at the military academy by a letter of resignation. Thejudge advocate's was supported by a
statement made by the Army's judge advocate general three years earlier that"service at the military
academy is service in the Army.''The Army's judge advocate general had cited as his authority the case of
U.S. v. Morrori,112 U.S.1 (1884). Thus, from the birth of The American Legion, the test of eligibility has been
whether the individual was actually in military service on active duty during defined periods and whether
that service was either terminated honorably or continued after the period of hostilities had ended.

Length of service not a requirement

There is no requirement as to length of service. National Judge Advocate B.G. Davis, in a letter dated
October 26,1966, wrote, ''... there is no limitation placed on the length of the individual's service. If the individual
served one day on active duty as a member of the Armed Forces on or after August 5,1964" -now Februciry 28,
1961 -"and has received an Honorable Discharge or separation; or served on active duty as a member of the
Armed Forces during any of the delimiting periods set forth in Article IV, Section 1 of the National Constitution,
and is still on active duty, he is eligible for membership in The American Legion."

A minimum of 90 days' service is necessary to qualify for some veterans benefits, and 181 days for others.
However, eligibility for veterans benefits is not a criterion of eligibility for American Legion membership.

National Guard, reserve eligibility

Veterans of the National Guard and reserves must meet the same eligibility requirements as full-time
federal active veterans. To be eligible, they must have served at least one day on federal active duty during
any of the delimiting periods set forth in Article lv, Section 1 of the Constitution of The American Legion,
and have an honorable discharge or currently be serving in the Guard, reserve or on federal active duty.

The key to determining if a Guardsman or reservist has been on or currently serving on federal active duty
is the "authority line''on his or her activation orders. In both cases, Title 10, Subsection 672 or 12301 are
orders from the Secretary of Defense and are federal orders.

The authority a governor uses to activate the National Guard as an individual or unit is Title 32 orders, i.e.
weekend drills and annual training. These are not federal orders. The reserves have similar reserve orders,

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