An Act to amend title 10, United States Code, to simplify laws relating to members of the Army, Navy, Air Force, and Marine Corps, and for other purposes
PL 90-235 (H.R.8547), enacted 01/02/1968

81 STAT.] 
PUBLIC LAW 90-235-JAN. 2, 1968 
753 
Public Law 90-235 
AN A C T 
January 2, 1968 
To amend title 10, United States Code, to simplify laws relating to members of 
[H. R. S1547] 
the Army, Navy, Air Force, and Marine Corps, and for other purposes. 
Be it enacted hy the Seriate and House of Representatives 
of the 
United States of America in Congress assembled. 
Armed Forces. 
Laws, simplifi-
cation. 
ACTIVE DUTY 
SECTION 1. (a) Title 10, United States Code, is amended as follows: 
(1) Chapter 39 is amended— 
(A) by inserting the following new sections after section 671: 
'^^^ s*^* 27. 
"§ 671a. Members: service extension during war 
"'Unless terminated at an earlier date by the Secretary concerned, 
the period of active service of any member of an armed force is ex-
tended for the duration of any war in which the United States may 
be engaged and for six months thereafter. 
"§ 671b. Members: service extension when Congress is not in 
session 
"(a) Notwithstanding any other provision of law, when the Presi-
dent determines that the national interest so requires, he may, if 
Congress is not in session, having adjourned sine die, authorize the 
Secretary of Defense to extend for not more than six months enlist-
ments, appointments, periods of active duty, periods of active duty 
for training, periods of obligated service, or other military status, in 
any component of the Armed Forces of the United States, that expire 
before the thirtieth day after Congress next convenes or reconvenes. 
"(b) An extension under this section continues until the sixtieth 
day after Congress next convenes or reconvenes or until the expiration 
of the period of extension specified by the Secretary of Defense, 
whichever occurs earlier, unless sooner terminated by law or Execu-
tive order;" and 
(B) by inserting the following new item in the analysis 
thereof: 
"671a. Members: service extension during war." 
"G71b. Members: service extension when Congress is not in session." 
(2) Sections 3492 and 8492 are repealed. 
Repeals. 
(3) The analysis of chapter 341 is amended by striking out the 
following item: 
"3492. Members: service extension during war." 
(4) The analysis of chapter 841 is amended by striking out the fol-
lowing item: 
"8492. Members: service extension during war." 
(b) Chapter 341 of title 10, United States Code, is amended by 
^^P^^-
repealing section 3493 and striking out the following item in the 
analysis: 
"3493. Army Reserve: commissioned officers with Corps of Engineers." 
ENLISTMENTS 
SEC, 2. (a) Title 10, United States Code, is amended as follows: 
(1) Chapter 31 is amended— 
(A) by redesignating section 501 as section "502"; 
76 stat. 748. 
(B) by inserting the following new sections: 
754 
PUBLIC LAW 90-235-JAN. 2, 1968 
[81 STAT. 
"§ 501. Definition 
"In this chapter 'enlistment' means original enlistment or reen-
listment. 
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"§503. Enlistments: recruiting campaigns 
"The Secretary concerned shall conduct intensive recruiting cam-
paigns to obtain enlistments in the Regular Army, Regular Navy, 
Regular Air Force, Regular Marine Corps, and Regular Coast Guard. 
"§ 504. Persons not qualified 
"No person who is insane, intoxicated, or a deserter from an armed 
force, or who has been convicted of a felony, may be enlisted in any 
armed force. However, the Secretary concerned may authorize ex-
ceptions, in meritorious cases, for the enlistment of deserters and per-
sons convicted of felonies. 
"§ 505. Regular components: qualifications, term, grade 
"(a) The Secretary concerned may accept original enlistments in 
the Regular Army, Regular Navy, Regular Air Force, Regular Marine 
Corps, or Regular Coast Guard, as the case may be, of qualified, ef-
fective, and able-bodied persons who are not less than seventeen years 
of age in the case of male persons and not less than eighteen years of 
age in the case of female persons, nor more than thirty-five years of 
age. However, no male person under eighteen years of age, or female 
person under twenty-one years of age, may be originally enlisted with-
out the written consent of his parent or guardian, if he has a parent or 
guardian entitled to his custody and control. 
"(b) A person is enlisted in the Regular Army, Regular Navy, 
Regular Air Force, Regular Marine Corps, or Regular Coast Guard 
in the grade or rating prescribed by the Secretary concerned. 
"(c) The Secretary concerned may accept original enlistments in 
the Regular Army, Regular Navy, Regular Air Force, Regular Ma-
rine Corps, or Regular Coast Guard, as the case may be— 
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"(1) of male persons for the duration of their minority or for 
a period of two, three, four, five, or six years; and 
"(2) of female persons for a period of two, three, four, five, 
or six years. 
"(d) In the Regular Army, female persons may be enlisted only 
in the Women's Army Corps. 
"(e) The Secretary concerned may accept reenlistments in the Reg-
ular Army, Regular Navy, Regular Air Force, Regular Marine Corps, 
or Regular Coast Guard, as the case may be, for j)eriods of two, three, 
four, five, or six years. No enlisted member is entitled to be reenlisted 
for a period that would expire before the end of his current enlistment. 
"§ 506. Regular components: extension of enlistments during war 
"An enlistment in the Regular Army, Regular Navy, Regular Air 
Force, Regular Marine Corps, or Regular Coast Guard in effect at the 
beginning of a war, or entered into during a war, unless sooner ter-
minated by the President, continues in effect until six months after 
the termination of that war. 
"§ 507. Extension of enlistment for members needing medical care 
or hospitalization 
"(a) An enlisted member of an armed force on active duty whose 
term of enlistment expires while he is suffering from disease or injury 
incident to service and not due to his misconduct, and who needs medi-
cal care or hospitalization, may be retained on active duty, with his 
consent, until he recovers to the extent that he is able to meet the physi-
81 STAT.] 
PUBLIC LAW 90-235-JAN. 2, 1968 
755 
cal requirements for reenlistment, or it is determined that recovery to 
that extent is impossible. 
"(b) This section does not prevent the retention in service, with-
out his consent, of an enlisted member of an armed force under section 
9 7 2 o f t h i s t i t l e . 
72 Stat. 1443. 
^^§ 508. Reenlistment: qualifications 
"(a) No person whose service during his last term of enlistment 
was not honest and faithful may be reenlisted in an armed force. How-
ever, the Secretary concerned may authorize the reenlistment in the 
armed force under his jurisdiction of such a person if his conduct after 
that service has been good. 
"(b) A person discharged from a Regular component may be reen-
listed in the Regular Army, Regular Navy, Regular Air Force, Regu-
lar Marine Corps, or Regular Coast Guard, as the case may be, under 
such regulations as the Secretary concerned may prescribe. 
"(c) This section does not deprive a person of any right to be 
reenlisted in the Regular Army, Regular Navy, Regular Air Force, 
Regular Marine Corps, or Regular Coast Guard under any other 
provision of law\ 
"§ 509. Voluntary extension of enlistments: periods and benefits 
"(a) Under such regulations as the Secretary concerned may pre-
scribe, the term of enlistment of a member of an armed force may be 
extended or reextended with his written consent for any period. How-
ever, the total of all such extensions of an enlistment may not exceed 
four years. 
"(b) When a member is discharged from an enlistment that has 
been extended under this section, he has the same rights, privileges, 
and benefits that he would have if discharged at the same time from 
an enlistment not so extended. 
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"§ 518. Temporary enlistments 
"Temporary enlistments may be made only in the Army, Navy, Air 
Force, Marine Corps, or Coast Guard, as the case may be, without 
specification of component. 
"§ 519. Temporary enlistments: during war or emergency 
"Except as provided in section 505 of this title and except for enlist- 
^"'^' P- ^54. 
ments as Reserves of an armed force— 
"(1) temiDorary enlistments in an armed force entered into in 
time of war or of emergency declared by Congress shall be for 
the duration of the war or emergency plus six months; and 
"(2) only persons at least eighteen years of age and otherwise 
qualified under regulations to be prescribed by the Secretary 
concerned are eligible for such enlistments."; and 
(C) by striking the following item out of the analysis: 
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".501. Enlistment oath : who may administer." 
and inserting the following new items in place thereof: 
".TOI. Definition. 
".502. Enlistment oath : who may administer. 
".503. Enlistments : recruiting campaigns. 
"504. Persons not qualified. 
".50.5. Regular components: qualifications, term, grade. 
"506. Regular components: extension of enlistments during war or national 
emergency. 
"507. Extension of enlistment for members needing medical care or hospitaliza-
tion. 
756 
PUBLIC LAW 90-235-JAN. 2, 1968 
[81 STAT. 
70A Stat. 177; 
75 Stat. 364. 
66 Stat. 163. 
8 u s e 1101 
note. 
Repeals. 
70A Stat. 177; 
72 Stat. 1465. 
Repeals. 
70A Stat. 318. 
Repeals. 
70A Stat. 503; 
72 Stat. 1516. 
Repeals. 
"508. Reenlistment: qualifications. 
"509. Voluntary extension of enlistments: periods and benefits. 
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"518. Temporary enlistments. 
"519. Temporary enlistments: during war or emergency." 
(2) Chapter 333 is amended— 
(A) by amending section 3253 to read as follows: 
^§3253. Army: persons not qualified 
"In time of peace, no person may be accepted for original enlist-
ment in the Army unless he is a citizen of the United States or has 
been lawfully admitted to the United States for permanent residence 
under the applicable provisions of chapter 12 of title 8."; 
(B) by repealing sections 3252, 3254, 3255, 3256, 3262, and 
3263; and 
(C) by striking out the following items in the analysis: 
"3252. Temporary enlistments. 
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"3254. Army: during war or emergency. 
"3255. Regular Army: recruiting campaigns. 
"3256. Regular Army : qualifications, term, grade. 
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"3262. Extension of enlistment for members 
needing medical care or 
hospitalization. 
"3263. Voluntary extension of enlistment." 
(3) Chapter 537 is amended by repealing sections 5531(a), 5532, 
5533,5534,5537,5538, and 5539 and by striking out the following items 
in the analysis: 
"5532. Prohibited classes. 
"3533. Minors. 
"5534. Term: grade. 
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"5537. Extension: during disability incident to service. 
"5.538. Extension : during war or national emergency. 
"5539. Extension: voluntary, periods and benefits." 
(4) Chapter 833 is amended— 
(A) by amending section 8253 to read as follows: 
*'§ 8253. Air Force: persons not qualified 
"In time of peace, no person may be accepted for original enlistment 
in the Air Force unless he is a citizen of the United States or has been 
lawfully admitted to the United States for permanent residence under 
the applicable provisions of chapter 12 of title 8."; 
(B) by repealing sections 8252, 8254, 8255, 8256, 8262, and 
8263; and 
(C) by striking out the following items in the analysis: 
"8252. Temporary enlistments. 
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"8254. Air Force : during war or emergency. 
"8255. Regular Air Force: recruiting campaigns. 
"8256. Regular Air Force: qualifications, term, grade. 
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"8262. Extension of enlistment for members needing medical care or hos-
pitalization. 
"8263. Voluntary extension of enlistment." 
(b) Chapter 537 of title 10, United States Code, is amended by 
repealing sections 5531 (b) and 5535 and by striking out the following 
items in the analysis: 
"5531. Recruiting campaigns: use of advertising agencies. 
"5535. Evidence of age required for certain enlistments of minors." 
81 STAT.] 
PUBLIC LAW 90-'235-JAN. 2, 1968 
757 
(c) Section 90() of title 87, United States (^ode, is amended to read 
76 stat. 489. 
as follows: 
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§ 906. Extension of enlistment: effect on pay and allowances 
"A member of the Army, Navy, Aijr Force, Marine Corps, or Coast 
Guard, as the case may be, who extends his enlistment under section 
509 of title 10 is entitled to the same pay and allow^ances as though he 
had reenlisted. For the purposes of determining entitlement to reenlist-
ment bonus or to travel and transportation allowances upon discharge, 
all such extensions of an enlistment are considered one continuous 
extension." 
DISCHARGE AlTD SEPARATION 
Ante, 
p. 755. 
SEC. 3. (a) Title 10, United States Code, is amended as follows: 
(1) Chapter 59 is amended— 
7oA stat. 89; 
(A) by adding the following new sections at the end thereof: ^\o*usc iiei-
1168. 
'*§ 1169. Regular enlisted members: limitations on discharge 
"No regular enlisted member of an armed force may be discharged 
before his term of service expires, except— 
" (1) as prescribed by the Secretary concerned; 
" (2) by sentence of a general or special court martial; or 
" (3) as otherwise provided by law. 
^§ 1170. Regular enlisted members: minority discharge 
"Upon application by the parents or guardian of a regular enlisted 
member of an armed force to the Secretary concerned within 9C days 
after the member's enlistment, the member shall be discharged for 
his own convenience, with the pay and form of discharge certificate 
to which his service entitles him, if— 
"(1) there is evidence satisfactory to the Secretary concerned 
that the member is under eighteen years of age; and 
"(2) the member enlisted without the written consent of his 
parent or guardian. 
^§ 1171. Regular enlisted members: early discharge 
"Under regulations prescribed by the Secretary concerned and 
approved by the President, any regular enlisted member of an armed 
force may be discharged within three months before the expiration 
of the term of his enlistment or extended enlistment. A discharge 
under this section does not affect any right, privilege, or benefit that 
a member w^ould have had if he completed his enlistment or extended 
enlistment, except that the member is not entitled to pay and allow-
ances for the period not served. 
"§ 1172. Enlisted members: during war or emergency; discharge 
"A person enlisted under section 518 of this title may be discharged 
at any time by the President, or otherwise according to law."; and 
(B) by inserting the following items in the analysis: 
"1169. Regular enlisted members: limitations on discharge. 
"1170. Regular enlisted members: minority discharge. 
"1171. Regular enlisted members: early discharge. 
"1172. Enlisted members: during war or emergency; discharge." 
(2) Sections 3811(b), 3812, 3816, 6293, 6295, 8811(b), 8812, and Repeals. 
8816 are repealed. 
7OA stat. 220. 
(3) The analysis of chapter 361 is amended by striking out the 
following items: 
"3812. Army enlisted members : during war or emergency; discharge. 
"3816. Regular enlisted members: minority discharge." 
Ante, 
p. 755. 
•¥58 
PUBLIC LAW 90-235-JAN. 2, 1968 
[81 STAT. 
(4) The analysis of chapter 569 is amended by striking out the 
following items: 
"6293. Minors enlisted without consent of parent or guardian. 
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"6295. Regular Navy: early discharge." 
(5) The analysis of chapter 861 is amended by striking out the 
following items: 
"8812. Air Force enlisted members: during war or emergency; discharge. 
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"8816. Regular enlisted members: minority discharge." 
(b) Title 10, United States Code, is amended as follows: 
7oTstat 197 
(1) Sections 3450, 3811(a), 3813, 3815, 6291, 6296, 6298, 6409, 8450, 
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8811 (a), 8813, and 8815 are repealed. 
(2) The analysis of chapter 339 is amended by striking out the fol-
lowing item: 
"34'50. Warrant oflScers: suspension of laws for promotion or mandatory 
retirement or separation during war or emergency." 
(3) The analysis of chapter 361 is amended by striking out the 
following items: 
"38.11. Army enlisted members: discharge certificate; limitations on discharge. 
"3813. Army enlisted members : dependency discharge. 
"381.5. Regular enlisted members: resignation of members enlisted on career 
basis; limitations." 
(4) The analysis of chapter 569 is amended by striking out the 
f ollow^ing items: 
"6291. Honorable discharges. 
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"6296. Furlough without pay. 
"6298. Authority to live at a receiving station after honorable discharge." 
(5) The analysis of chapter 573 is amended by striking out the 
following item: 
"6409. Navy and Marine Corps; warrant officers: suspension of laws for man-
datory retirement and separation during war or emergency." 
(6) The analysis of chapter 839 is amended by striking out the 
following item: 
"8450. Warrant officers: suspension of laws for promotion or mandatory retire-
ment or separation during war or emergency." 
(7) The analysis of chapter 861 is amended by striking out the 
following items: 
"8811. Air Force enlisted members: discharge certificate; limitations on dis-
charge. 
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"8813. Air Force enlisted members : dependency discharge. 
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"8815. Regular enlisted members: resignation of members enlisted on career 
basis; limitations." 
(c) Members of the A r m y or the Air Force who, on the effective 
date of this Act, are serving under enlistments for unspecified periods 
Ante. p. 756. 
under sections 3256(b) and 8256(b) of title 10, United States Code, 
shall continue in that status and shall be discharged therefrom in 
accordance with laws applicable to such discharges on the day before 
the effective date of this Act. 
Repeals. 
Bl STAT.] 
PUBLIC LAW 90i235-JAN. 2, 1968 
759 
DETAILS AND DUTIES 
SEC. 4. (a) Title 10, United States Code, is amended as follows: 
(1) Chapter 41 is amended— 
(A) by inserting the following new section after section 711: 
7OA stat. 32. 
'^§711a. American National Red Cross: detail of commissioned 
officers 
"(a) Commissioned officers of the Army, Navy, and Air Force 
may be detailed for duty with the American National Red Cross, 
by the Secretary of the military department concerned, as follows: 
" (1) for duty with the Service to the Armed Forces Division— 
"(A) one or more officers of the Army Medical Service; 
"(B) one or more officers of the Medical Department of the 
Navy; and 
"(C) one or more officers selected from among medical 
officers, dental officers, veterinary officers, medical service 
officers, nurses, and medical specialists of the Air Force; and 
" (2) to be in charge of the first-aid department— 
"(A) an officer of the Medical Corps of the Army; 
"^B) an officer of the Medical Corps of the Navy; or 
"(C) a medical officer of the Air Force."; and 
(B) by inserting the following new item in the analysis there-
of: 
"711a. American National Red Cross; detail of commissioned officers.". 
(2) Sections 3539 and 5987 are repealed. 
(3) The analysis of chapter 343 is amended by striking out the 
following item: 
"3539. American National Red Cross: detail of officers of Army Medical Service." 
(4) The analysis of chapter 553 is amended by striking out the fol-
lowing item: 
"5987. American National Red Cross: detail of officers in the Medical Corps." 
(5) Chapter 49 is amended— 
(A) by adding the following new section: 
972^ 
"§973. Duties: regular officers; performance of civil functions 
restricted 
"(a) No officer on the active list of the Regular Army, Regular 
Navy, Regular Air Force, Regular Marine Corps, or Regular Coast 
Guard may accept employment if that employment requires him to 
be separated from his organization, branch, or unit, or interferes with 
the performance of his military duties. 
"(b) Except as otherwise provided by law, no officer on the active 
list of the Regular Army, Regular Navy, Regular Air Force, Regular 
Marine Corps, or Regular Coast Guard may hold a civil office by elec-
tion or appointment, whether under the United States, a Territory or 
possession, or a State. The accejiJtance of such a civil office or the 
exercise of its functions by such ftft officer terminates his military ap-
pointment."; and 
(B) by adding the following new item at the end of the 
analysis: 
"973. Duties: Regular officers; performance of civil functions restricted." 
(6) Sections 3544 and 8544 are repealed. 
^oT^ai 203 
(7) Section 3017(b) is amended by striking out "3544(b)" and 527. 
inserting in place thereof "973(b)". 
(8) Section 5036 is amended by adding the following new sub-
section : 
72 Stat. 1442. 
10 u s e 971, 
80 Stat. 426. 
5 u s e 3347 and 
760 
PtJBLIC LAW 90-235-.IAN. 2, 1968 
[81 STAT. 
"(c) Performance of the duties of the Secretary by the Chief of 
Naval Operations, the Vice Chief of Naval Operations, or any officer 
. „„_ ^^,, „„„ of the Navy or Marine Corps designated under section 6 of title 5 
notesr^ "" ' """ shall not be considered as the holding of a civil office within the 
Ante. p. 759. 
meaning of section 973(b) of this title." 
(9) Section 8017(b) is amended by striking out "8544(b)" and 
inserting in place thereof "973(b)". 
(10) The analysis of chapter 343 is amended by striking out the 
following item: 
"3544. Duties: regular oflScers; performance of civil functions restricted." 
(11) The analysis of chapter 843 is amended by striking out the 
following item: 
"8544. Duties: regular oflScers; i)erformance of civil functions restricted." 
Repeal. 
(!£) Sectiou 6405 is repealed. 
(13) The analysis of chapter 573 is amended by striking out the 
following item: 
"6405. Effect of acceptance of appointment in Foreign Service." 
(b) Title 10, United States Code, is amended as follows: 
Repeals. 
(1) Sectious 3538, 3545, 5984, 8537, and 8545 are repealed. 
(2) The analysis of chapter 343 is amended by striking out the 
following items: 
"3538. Geological Survey : detail of officers of Ordnance Corps. 
"3545. Duties: officers; superintendence of cooking for enlisted members." 
(3) The analysis of chapter 553 is amended by striking out the 
following item: 
"5984. Military institutions and colleges: details as superintendents and in-
structors." 
(4) The analysis of chapter 843 is amended by striking out the 
following items: 
"8537. Department of Commerce: detail in aid of civil aviation. 
"8545. Duties: officers; superintendence of cooking for enlisted members." 
RANK AND COMMAND 
SEC. 5. (a) Title 10, United States Code, is amended as follows: 
(1) Chapter 43 is amended— 
745" """ " 
(A) by adding the following new sections at the end thereof: 
"§747. Command: when different commands of Army, Navy, 
Air Force, Marine Corps, and Coast Guard join 
"When different commands of the Army, Navy, Air Force, Marine 
Corps, and Coast Guard join or serve together, the officer highest in 
rank in the Army, Navy, Air Force, Marine Corps, or Coast Guard 
on duty there, who is otherwise eligible to command, commands all 
those forces unless otherwise directed by the President. 
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"§749. Command: commissioned officers in same grade or cor-
responding grades on duty at same place 
"(a) When the Army, Navy, Air Force, Marine Corps, or Coast 
Guard, as the case may be, has on duty in the same area, field com-
mand, or organization two or more commissioned officers of the same 
grade who are otherwise eligible to command, the President may 
assign the command without regard to rank in that grade. 
70A Stat. 33. 
10 u s e 741-
70A Stat. 205. 
81 STAT.] 
PUBLIC LAW 90-235-JAN. 2, 1968 
761 
"(b) When oflScers of the Army, Navy, Air Force, Marine Corps, 
or Coast Guard are on duty in the same area, field, command, or 
organization and two or more commissioned officers of different serv-
ices, who are otherwise eligible to command, have the same grade or 
corresponding grades, the President may assign the command without 
regard to rank in that grade."; and 
(B) by adding the following new items at the end of the 
analysis: 
"747. Command: when different commands of Army, Navy, Air Force, Marine 
Corps and Coast Guard join. 
"749. Command: commissioned oflBcers in same grade or corresponding grades 
on duty at same place." 
(2) Sections 3576, 3578, 5954, 8576, and 8578 are repealed. 
foA^stat. 
(3) The analysis of chapter 345 is amended by striking out the 
following items: 
"3.576. Command: when differeMt commands of Army and Marine Corps join. 
"3578. Command: commissioned officers of Army in same grade on duty at same 
place." 
(4) The analysis of chapter 551 is amended by striking out the 
following item: 
"•59.54. Command: when different commands of Marine Corps and Army or Air 
Force join." 
(5) The analysis of chapter 845 is amended by striking out the 
following items: 
"8576. Command: when different commands of Air Force and Marine Corps join. 
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"8578. Command: commissioned officers of Air Force in same grade on duty at 
same place." 
(b) Title 10, United States Code, is amended as follows: 
(1) Sections 5941,5950, and 5953 are repealed. 
Repeals. 
(2) The analysis of chapter 551 is amended by striking out the 
following items: 
"5941. Assignment to command: regulations. 
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"5950. Exemption from Supply Corps duties. 
"59-53. Executive officer: assignment; authority." 
MISCELLANEOUS PROHIBITIONS AND PENALTIES 
SEC. 6. (a) Title 10, United States Code, is amended as follows: 
(1) Section 971 is amended by inserting the designation " ( a ) " 
72 stat. 1442. 
l)efore the words "The period of'' and adding the following new-
subsection : 
";(b) In computing length of service for any purpose— 
''(1) no officer of the Navy or Marine Corps may be credited 
with service as a midshipman at the I^ited States Naval Acad-
emy or as a cadet at the United States Military Academy, L^nited 
States Air Force Academy, or United States Coast Guard Acad-
emy, if he was appointed as a midshipman or cadet after March 4, 
1913; and 
"(2) no commissioned officer of the Army or Air Force may 
be credited with service as a midshipman at the United States 
Naval Academy or as a cadet at the United States Military 
Academy, L'nited States Air Force Academy, or United States 
Coast Guard Academy, if he was appointed as a midshipman 
or cadet after August 24, 1912." 
(2) Sections 3682, 6116, and 8682 are repealed. 
Repeals. 
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70A Stat. 210. 
Ante, p. 759. 
70A Stat. 388. 
762 
PUBLIC LAW 90-235-JAN. 2, 1968 
[81 STAT. 
(3) The analysis of chapter 353 is amended by striking out the 
following item: 
"3682. Service credit: officers ; service as cadet not counted." 
(4) The analysis of chapter 559 is amended by striking out the 
following item: 
"6116. Service credit: officers; service as midshipman or cadet not counted." 
(5) The analysis of chapter 853 is amended by striking out the 
following item: 
"8682. Service credit: officers; service as cadet not counted." 
(6) Chapter 49 is amended— 
(A) by adding the following new section: 
'^§ 974. Civilian employment: enlisted members 
"Except as provided in section 6223 of this title no enlisted member 
of an armed force on active duty may be ordered or permitted to leave 
his post to engage in a civilian pursuit or business, or a performance 
in civil life, for emolument, hire, or otherwise, if the pursuit, business, 
or performance interferes with the customary or regular employment 
of local civilians in their art, trade, or profession."; and 
(B) by adding the following new item at the end of the 
analysis: 
"974. Civilian employment: enlisted members." 
Repeals. 
^Y) Sectlous 3635, 6114, and 8635 are repealed. 
(8) The analysis of chapter 349 is amended by striking out the 
following item: 
"3635. Enlisted members: restriction on civilian employment." 
(9) The analysis of chapter 559 is amended by striking out the 
following item: 
"6114. Civilian employment: enlisted members." 
(10) The analysis of chapter 849 is amended by striking out the 
following item: 
"8635. Enlisted members : restriction on civilian employment." 
MISCELLANEOUS RIGHTS AND BENEFITS 
SEC. 7. (a) Title 10, United States Code, is amended as follows: 
>^st^t^*isfi4' 
(^) Section 101 is amended by adding the following new clause: 
"(36) 'Dependent', with respect to a female member of an armed 
force, does not incllide her husband, unless he is in fact dependent on 
her for his chief support, or her child, unless his father is dead or he 
is in fact dependent on her for his chief support." 
70A Stat. 80; 
/^.v ^ i 
i. 
co • 
J 
J 
79 Stat. 579. 
(2) Chapter 53 IS amended— 
1
0 use 1031- 
(A) by adding the following new section: 
'*§ 1040. Replacement of certificate of discharge 
"If satisfactory proof is presented that a person who was discharged 
honorably or under honoraole conditions has lost his certificate of dis-
charge from an armed force or that it was destroyed without his pro-
curement or connivance, the Secretary concerned may give that per-
son, or his surviving spouse, a certificate of that discharge, indelibly 
marked to show that it is a certificate in place of the lost or destroyed 
certificate. A certificate given under this section may not be ac-
cepted as a voucher for the payment of a claim against the United 
States for pay, bounty, or other allowance, or as evidence in any other 
case."; and 
72 Stat. 1564. 
"Dependent 
81 STAT.] 
PUBLIC LAW 
9 0 A 2 3 5 - J A N . 2, 1968 
763 
(B) by adding the following new item at the end of the 
analysis: 
"1040. Replacement of certificate of discharge." 
(3) Sections 3685, 3693, 6033, 8685, and 8693 are repealed. 
foTstat 211. 
(4) The analysis of chapter 353 is amended by striking out the 
following items: 
"3685. Regular Army; Army Reserve: female members; definition of 'dependents'. 
4 i * 
*
*
*
*
* 
* 
"3693. Replacement of certificate of discharge." 
(5) The analysis of chapter 555 is amended by striking out the 
following item: 
"6033. Woman member: definition of dependents." 
(6) The analysis of chapter 853 is amended by striking out the 
following items: 
"8685. Regular Air Force; Air Force Reserve: female members; definition of 
'dependents'. 
0 * 
* 
* 
* 
* 
* 
* 
"8693. Replacement of certificates of discharge." 
(b) Title 10, United States Code, is amended as follows: 
(1) Sections 3631, 3637, 3690, 6158, 8631, 8637, and 8690 are 
repealed. 
(2) The analysis of chapter 349 is amended by striking out the 
following items: 
"3631. Dealing in quartermaster supplies prohibited. 
"
*
*
•
*
•
*
• 
"3637. Enlisted members : forfeiture of right to pension by deserters." 
(3) T h e analysis of chapter 353 is amended by striking out the 
following item: 
"3690. Exemption from arrest for debt: enlisted members." 
(4) The analysis of chapter 561 is amended by striking out the 
following item: 
"6158. Exemption from arrest for debt: enlisted members of Marine Corps." 
(5) The analysis of chapter 849 is amended by striking out the 
following items: 
"8631. Dealing in quartermaster supplies prohibited. 
"
*
*
*
*
*
*
* 
"8637. Enlisted members: forfeiture of right to pension by deserters." 
(6) The analysis of chapter 853 is amended by striking out the 
following item: 
"8690. Exemption from arrest for debt: enlisted members." 
THE UNIFORM 
SEC. 8. Title 10, United States Code, is amended as follows: 
(1) Chapter 45 is amended— 
(A) by inserting the following new section after section 771: 
**§ 771a. Disposition on discharge 
" (a) Except as provided in subsections (b) and (c), when an enlisted 
member of an armed force is discharged, the exterior articles of 
uniform in his possession that were issued to him, other than those 
that he may wear from the place of discharge to his home under section 
772(d) of this title, shall be retained for military use. 
764 
PUBLIC LAW 90-236-JAN. 2, 1968 
[81 STAT. 
70A Stat. 614. 
Repeals. 
10 u s e 3611; 
3612, 8611, 8612. 
Repeal. 
"(b) When an enlisted member of an armed force is discharged for 
bad conduct, undesirability, unsuitability, inaptitude, or otherwise 
than honorably— 
"(1) the exterior articles of uniform in his possession shall be 
retained for military use; 
"(2) under such regulations as the Secretary concerned pre-
scribes, a suit of civilian clothing and an overcoat when necessary, 
both to cost not more than $30, may be issued to him; and 
"(3) if he would be otherwise without funds to meet his im-
mediate needs, he may be paid an amount, fixed by the Secretary 
concerned, of not more than $25. 
"(c) When an efllisted member of the Army National Guard or the 
Air National Guard who has been called into Federal service is 
released from that service, the exterior articles of uniform in his pos-
session shall be accounted for as property issued to the Army National 
Guard or the Air National Guard, as the case may be, of the State or 
territory, Puerto Rico, the Canal Zone, or the District of Columbia 
of whose Army National Guard or Air National Guard he is a member, 
as prescribed in section 708 of title 32."; and 
(B) by inserting the following new item in the analysis 
thereof: 
"771a. Disposition on discharge." 
(2) Chapters 347 and 847 are repealed. 
(3) Section 6297 is repealed. 
(4) The analysis of chapter 569 is amended by striking out the 
following item: 
"6297. Disposition of uniform; clothing allowance; emergency funds." 
(5) The chapter analysis of subtitle B and the chapter analysis of 
part I I of subtitle B are each amended by striking out the following 
item: 
"347. The Uniform 
3611". 
(6) The chapter analysis of subtitle D and the chapter analysis of 
part I I of subtitle D are each amended by striking out the following 
item: 
"847. The Uniform 
Approved January 2, 1968. 
8611" 
January 2, 1968 
[H. R. 12961] 
Public Law 90-236 
AN ACT 
To amend title 37, United States Code, to authorize the nontemporary storage 
of household effects of members of a missing status. 
Uniformed serv-
ices. 
Members in 
missing status. 
Household ef-
fects, storage. 
80 Stat. 627. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 554^b) 
of title 37, United States Code, is amended by adding the following 
new flush sentence: 
"When he considers it necessary, the Secretary concerned may, with 
respect to the household and personal effects of a member who is 
officially reported as absent for a period of more than twenty-nine 
days in a missing status, authorize the nontemporary storage of those 
effects for a period of one year, or longer when justified." 
Approved January 2, 1968.