An Act to amend and clarify the reemployment provisions of the Universal Military Training and Service Act, and for other purposes
PL 86-632 (H.R.5040), enacted 07/12/1960

74 S T A T . ] 
P U B U C LAW 86-632-JULY 12, 1960 
467 
Public Law 86-632 
AN ACT 
July 12, 1960 
To amend and clarify the reemployment provisions of the Universal Military 
^ ' ^' ^ ^ ^ 
Training and Service Act, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 9 of t^y%*/^iing*i^d 
the Universal Military Training and Service Act, as amended (50 s e r v i c e Act, 
U.S.C. App. 459), is amended as follows: 
^"tssu^TU 
(1) By inserting in paragraph (2) of subsection (g) the words 
"and other than for training" after the words "physical fitness" in the 
parenthetical phrase thereof. 
(2) By amending paragraph (3) of subsection (g) to read as 
follows: 
"(3) Any member of a reserve component of the Armed Forces of H^U!""^^"^"*'** 
the United States who is ordered to an initial period of active duty 
for training of not less than three consecutive months shall, upon 
application for reemployment within thirty-one days after (A) his 
release from that active duty for training after satisfactory service, 
or (B) his discharge from hospitalization incident to that active duty 
for training, or one year after his scheduled release from that train-
ing, whichever is earlier^ be entitled to all reemployment rights and 
benefits provided by this section for persons inducted under the pro-
visions of this title, except that (A) any person restored to a posi-
tion in accordance with the provisions of this paragraph shall not be 
discharged from such position without cause within six months after 
that restoration, and (B) no reemployment rights granted by this 
paragraph shall entitle any person to retention, preference, or dis-
placement rights over any veteran with a superior claim under the 
Veterans' Preference Act of 1944, as amended (5 U.S.C. 851 and the 
ss stat. 387 
following)." 
(3) By adding the following new paragraphs at the end of sub-
section (g) : 
"(4) Any employee not covered by paragraph (3) of this subsection 
who holds a position described in paragraph (A) or (B) of subsection 
(b) of this section shall upon request be granted a leave of absence by 
his employer for the period required to report for the purpose of being 
inducted into, entering, determining his physical fitness to enter, or 
performing active duty for training or inactive duty training in the 
Armed Forces of the United States. Upon his release from a period 
of such active duty for training or inactive duty training, or upon his 
rejection, or upon his discharge from hospitalization incident to that 
training or rejection, such employee shall be permitted to return to his 
position with such seniority, status, pay, and vacation as he would 
have had if he had not been absent for such purposes. He shall report 
for work at the beginning of his next regularly scheduled working 
period after expiration of the last calendar day necessary to travel 
from the place of rejection or training to the place of employment 
following his rejection or release, or within a reasonable time there-
after if delayed return is due to factors beyond the employee's control. 
Failure to report for work at such next regularly scheduled working 
period shall make the employee subject to the conduct rules of the 
employer pertaining to explanations and discipline with respect to 
absences from scheduled work. 
If that employee is hospitalized in-
cident to active duty for training, inactive duty training, or rejection, 
he shall be required to report for work at the beginning of his next 
regularly scheduled work period after expiration of the time necessary 
to travel from the place oi discharge from hospitalization to the place 
468 
PUBLIC LAW 86-633-JULY 12, 1960 
[74 ST A T . 
70A Stat. 5 96. 
63 Stat. 826. 
69 Stat. 600. 
Effective date. 
of employment, or within a reasonable time thereafter if delayed re-
turn is due to factors beyond the employee's control, or within one year 
after his rejection or release from active duty for training or inactive 
duty training, whichever is earlier. If an employee covered by this 
paragraph is not qualified to perform the duties of his position by 
reason of disability sustained during active duty for training or in-
active duty training but is qualified to perform the duties of any other 
position in the employ of the employer or his successor in interest, he 
shall be restored by that employer or his successor in interest to such 
other position the duties of which he is qualified to perform as will 
provide him like seniority, status, and pay or the nearest approxima-
tion thereof consistent with the circumstances in his case. 
"(5) For the purposes of paragraphs (3) and (4), full-time train-
ing or other full-time duty performed by a member of the National 
Guard under^ section 316, 503, 504, or 505 of title 32, United States 
Code, is considered active duty for training; and for the purpose of 
paragraph (4), inactive duty training performed by that member 
under section 502 of title 32, or section 301 of title 37, United States 
Code, is considered inactive duty training." 
SEC. 2. Section 262(f) of the Armed Forces Reserve Act of 1952, as 
amended (50 U.S.C. 1013(f)), is repealed. 
SEO. 3. This Act shall take effect upon the expiration of sixty days 
from the date of its enactment. 
Approved July 12, 1960. 
July 12, 1960 
[H. R. 12200] 
Public Law 86-633 
AN ACT 
To amend title 10, United States Code, to authorize reduction in enlisted grade 
upon approval of certain court-martial sentences. 
Armed Forces. 
70A Stat. 5 7. 
10 u s e 858. 
Be it enacted hy the SeTiate and House of Representatives 
of the 
United States of America in Congress assembled^ That subchapter 
V I I I of chapter 47 of title 10, United States Code, is amended as 
follows: 
(1) By adding the following new^ section at the end thereof: 
"§858a. Art. 58a. Sentences: reduction in enlisted grade upon 
approval 
"(a) Unless otherwise provided in regulations to be prescribed by 
the Secretary concerned, a court-martial sentence of an enlisted mem-
ber in a pay grade above E-1, as approved by the convening authority, 
that includes— 
" (1) a dishonorable or bad-conduct discharge; 
"(2) confinement; or 
"(3) hard labor w^ithout confinement; 
reduces that member to pay grade E-1, effective on the date of that 
approval. 
"(b) If the sentence of a member who is reduced in pay grade under 
subsection (a) is set aside or disapproved, or, as finally approved, does 
not include any punishment named in subsection (a) ( l ) , ( 2 ) , o r ( 3 ) , 
the rights and privileges of which he was deprived because of that 
reduction shall be restored to him and he is entitled to the pay and 
allowances to which he w^ould have been entitled, for the period the 
reduction w^as in effect, had he not been so reduced." 
(2) By adding the following new item at the end of the analysis: 
"858a. .58a. Sentences: reduction in enlisted grade upon approval." 
Approved July 12, 1960. 
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