Section 1 a “Blueprint” for the 21st Century Purpose

Delinquency, Resignation and Transfer

1. Legion membership is annual, the Legion year being from January 1 to December 31. Dues are payable October 20 in advance.

2. If dues are not paid by January 1 of each calendar year, the member becomes delinquent. If dues have not been paid by February 1, the member is suspended, but nevertheless a member with no privilege except that of reinstatement by vote of the Post and payment of dues; and dues not being paid, such membership continues for a period of five months, to June 30, at which time the member is dropped from the roll by constitutional mandate and the membership forfeited.
Resignation

1. A member may resign from the Post at any time while dues are paid and can thereafter join another Post as a new member, in which event the continuity of Legion membership is broken, and upon resignation the Post is not required to rebate any part or portion of the member’s dues.

1. The only method of transferring from one Post to another so the continuity of the membership in the Legion is not broken is by formal transfer, which is available only to members in good standing.

2. A member of a Post may not move the membership to another Post and retain continuous membership without the formality of a transfer. Being a member of more than one Post at one time is a violation of the Constitution.

3. The right to transfer does not carry the right to be accepted by any Post.

4. On transfer there shall be no transfer of funds derived from dues, etc. The accepting Post shall recognize the fact of dues having been paid to the Post from which the transfer is effected and shall make no charge therefore, excepting only if the dues of the Post accepting the member are in excess of those from which the transfer is sought; then the accepting Post may collect from the transferring member the excess dues prorated from the date of the acceptance to the end of the current year.

5. In all instances where a member of The American Legion during a current year transfers from one Post to another after payment of the current year’s dues, the transferring Post shall retain said dues and shall have credit for such membership during the remainder of such year for which said dues were collected, but said transferred member shall be entitled to all of the benefits and assume all of the responsibilities of membership in the Post to which transfer is made, after such transfer is effected. (See “Transfer of Membership” in index)

Simplified Eligibility Guide

National policy requires that eligibility inquiries be submitted through the Department.

There is only one class of membership—honorary memberships are not authorized. In all doubtful cases, consult your judge advocate.
Constitutional Eligibility Requirements

ALL WHO SERVED IN THE ARMY, NAVY, MARINE CORPS, COAST GUARD OR AIR FORCE OF THE UNITED STATES ARE ELIGIBLE ONLY IF THEY HAVE THE FOLLOWING CONSTITUTIONAL QUALIFICATIONS:

“Any person shall be eligible for membership in The American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and assigned to active duty at some time during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; February 28, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States; all dates inclusive . . . provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.”

(The language “or continued honorably after any of said periods” has reference to those remaining in service after the date terminal at which time eligibility may be established by all veterans having honorable active service during such periods, regardless of whether they have been discharged or stay on in the service).

“Any person shall be eligible for membership in The American Legion . . . who, being a citizen of the United States at the time of entry therein, served on active duty in the armed forces of any of the governments associated with the United States during any said periods; . . . provided, however, such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.”

(The word “citizen” requires full citizenship and one who had only made application for citizenship and had what is commonly known as “first papers” was not admitted to full citizenship at the time of entry into the service and therefore is not eligible. Only full citizenship prior to service with an allied army entitles one to membership. The attainment of U.S. citizenship subsequent to such service does not fulfill the requirement).

(Service in the allied forces is not restricted to the initial dates as given for service in U.S. Forces, but may have been at any time after the declaration of war by the particular government.)

(NOTE: Section 1, Article IV, of the National By-Laws provides:

Each Post of The American Legion shall be the judge of its own membership, subject to the restriction of the Constitution and By-Laws, except that no person who is a member of an organization which has for its aim the overthrow of the United States Government, by force or violence, or who subscribes to the principles of any group opposed to our form of government shall be eligible to become or remain a member of The American Legion.)

When a veteran has proper wartime service, with honorable discharge, but received a discharge other than honorable by reason of a subsequent enlistment, if the later enlistment was outside to the ending dates of eligibility set forth in Article IV of the National Constitution of The American Legion, the person in question would be eligible, based on the first period of service which met the constitutional requirement. (The question of his acceptability being a matter of the Post under Section 1, Article IV, National By-Laws.)

If the subsequent enlistment was during a period of eligibility set forth in Article IV of the National Constitution of The American Legion and ended on other than a honorable discharge, would permeate the entire service for that period and would not be eligible for membership based on service for that period.
World War II

The Kansas City National Convention of The American Legion, held September 1942, and the Chicago National Convention, November 1945, authorized the amendment of the National Charter to include the eligibility dates covering World War II service (December 7, 1941, to September 2, 1945). Public Laws 767 and 495, approved October 29, 1942, and July 9, 1946, respectively, effected the change. The Miami Beach National Convention, August 1974, authorized the amendment of the National Charter to change the terminal eligibility date for World War II service to December 31, 1946, and Public Law 93-557, approved December 27, 1974, effected.

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 December 7, 1941, to August 15, 1945. The Federal Government now considers such service to be “active duty” service. Affected individuals must apply for a Discharge or Certificate of Release. A DD Form 214 record of service will be issued which will show service in the Army, Navy or Coast Guard, depending on the service of the individual. In this case the individuals would be eligible and no action is needed by The American Legion. Often such DD Form 214’s will also show Merchant Marines as a component of one of the Armed Forces (e.g. Army, Navy, Coast Guard, Army Air Corps now Air Force, 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.

Resolved, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, October 8-9, 2003, that the commemorative Merchant Marine Flag be included as one of the official United States Auxiliary Service Flags; and be it further

Resolved, That The American Legion shall take steps to have the Merchant Marine flag included in all National Displays as an official United States Auxiliary Service Flag and to fly beside other Service flags of the Armed Forces as appropriate and in accordance with accepted protocol.
Korean War
The Los Angeles National Convention, The American Legion, October 1950, and the Washington, D.C., National Convention, August 30-September 2, 1954, authorized the amendment of the National Charter to include the eligibility dates covering the Korean War (June 25, 1950, to July 27, 1953). Public Laws 895 and 178, approved December 28, 1950, and July 26, 1955, respectively, effected the change. The Miami Beach National Convention, August 1974, authorized the amendment of the National Charter to change the terminal eligibility date

for Korean War Service to January 31, 1955, and Public Law 93-557, approved December 27, 1974, effected to change.

Area where service performed is not a determining factor.

The two weeks’ annual training periods to not fulfill eligibility requirements, as such training periods represent nothing more than similar active duty excursions demanded from component branches of the Army during peacetime as well as during the period of hostilities.

One who was ordered to active duty for purposes of undergoing physical examination, subsequently returned to his home, reverting to inactive status, is not eligible.
Discharge Data

(November 1951)

FORMS FOR ARMY, NAVY, MARINE CORPS AND AIR FORCE
DD 256 (A) or (N) or (MC) or (AF) (White) Honorable Eligible*

DD 257 (A) or (N) or (MC) or (AF) (White) General Eligible*

DD 258 (A) or (N) or (MC) or (AF) (White) Undesirable Not Eligible

DD 259 (A) or (N) or (MC) or (AF) (Yellow) Bad Conduct Not Eligible

DD 260 (A) or (N) or (MC) or (AF) (Yellow) Dishonorable Not Eligible

DD 214 Report of Separation from the Armed Forces of the United States Eligible*

(If released to a civilian status, although still in the Reserves) Eligible*

DD 217 Certificate of Service (Reserve) Eligible*

DD 156A Honorable Discharge Armed Forces USA (Reserve) (Unless active duty) Ineligible

*Honorable service during periods of eligibility.

The 48th National Convention of The American Legion, August 30-September 1, 1966, Washington

D.C., and the 56th National Convention of The American Legion, August 20-22, 1974, and the 59th National Convention of The American Legion, August 23-25, 1977, authorized the amendment of the National Charter to include the eligibility dates covering the Vietnam War (August 5, 1964, to May 7, 1975), and Public Law 89-550, approved September 1, 1966, and Public Law 93-557, approved December 27, 1974, and Public Law 95-346, approved August 18, 1978, effected the change.

During the 61st National Convention in Houston, Texas (August 21-23, 1979), the convention passed a resolution to amend the Vietnam War dates to begin on December 22, 1961, pursuant to Congressional approval.

On December 21, 1979, President Carter signed into law S-1874. This became Public Law 96-155, which changes American Legion eligibility for the Vietnam War to be December 22, 1961-May 7, 1975.

The National Charter of The American Legion was amended by the delegates at the 79th National Convention, September 2-4, 1997, Orlando, Florida. This amendment requested a change to the beginning eligibility date for American Legion membership for the Vietnam War period to February 28, 1961. In late-November, 1997, United States Congressional approval through Public Law 105-110 effected this change.