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

With the establishment of a terminal date for Vietnam War service, eligibility for American Legion membership is extended to the individual who served on active duty during the Vietnam War (February 28, 1961, to May 7, 1975), and remained on active duty after the terminal date. (See Article IV, Section 1, National Constitution: “...or continued honorably after any of said periods...”)

The situation regarding personnel who enter “active duty for training” – the so-called “six month enlistees” – is outlined in a letter addressed to National judge Advocate B. G. Davis by A. S. Sadove, Colonel, USA, Commanding, U.S. Army Reserve Components Personnel Center, Fort Benjamin Harrison, Indiana, dated November 14, 1966:

“At the present time individuals with no prior service may be enlisted to fill unit vacancies in the United 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 training with the active Army during which time they receive basic combat training and occupational specialty training… commonly referred to as ACDUTRA. As a minimum, each Reservist must perform at least four months on active 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 which a Reservist performs active duty for training is creditable as active Federal service in the same manner as for other soldiers…”

The matter of the eligibility for American Legion membership of the individual who has completed a period of “active duty for training” and been issued a Form DD214 to show honorable separation from service revolves around the question of whether the “active duty,” as used in Section 1 of Article IV of the National Constitution of The American Legion, included “active duty for training.” Title 10, United States Code Annotated Section 101, Subparagraph (22) states:

“‘Active duty’ means full-time duty in the active 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 is believed to be closer to general usage than in the definition in 50 U.S.CA. 901(b).”

The then National Adjutant of The American Legion in a general information memorandum dated September 9, 1966, explaining the eligibility changes resulting from the action of the 48^th National Convention, 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 DD214 (Report of Separation from the Army of the United States). This form if showing the termination 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.

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.

The 72nd National Convention of The American Legion, August 28-30, 1990, Indianapolis, Indiana, authorized amendment of the National Charter to include the eligibility dates covering the United States operations in Lebanon (August 24, 1982, to July 31, 1984) and Public Law 101-478, approved October 30, 1990, effected the change. This time period included operations in Grenada.

The 72nd National Convention of The American Legion, August 28-30, 1990, Indianapolis, Indiana, authorized amendment of the National Charter to include the eligibility dates covering the United States operations in Panama (December 20, 1989, through January 31, 1990) and Public Law 101-478, approved October 30, 1990, effected the change.

The 73rd National Convention of The American Legion, September 3-5, 1991, Phoenix, Arizona, authorized amendment of the National Charter to include the eligibility dates covering Persian Gulf Operations and Public Law 102-179, approved December 3, 1991, effected the change. The time period for Persian Gulf operations, as stated in the National Constitution, is “August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States.” When the date of cessation of hostilities is determined by the United States Government, The American Legion expects to be informed and will transmit the information.

As in the past, place of service is not a consideration in the determination of eligibility. Although reference is frequently made to the Vietnam veteran, service in Vietnam is not a requirement of membership.

Since the language used in changing the Legion’s Charter and National Constitution was exactly the same as used in the past, the basic requirement as a condition of eligibility has not changed in any respect since WWI—active duty in the military forces during a defined period of hostilities. This requirement was stated succinctly by then National Judge Advocate R. 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 United States 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 this ruling was made, the individual had terminated training at the Military Academy by a letter of resignation. The Judge Advocate’s decision at that time was supported by a statement made by the Judge Advocate General of the Army three years earlier that “service at the military academy is service in the Army.” The Judge Advocate General of the Army had cited as his authority the case of U.S. vs. Morton, 112 U.S. 1. Thus, from the very beginning 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.

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 February 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.

The National Guard and Reserves are required to meet the same eligibility requirements as the full time federal active veterans. To be eligible, the National Guardsman/Reservist must have served at least one day on federal active duty during any of the delimiting periods set forth in Article IV, Section 1 of the National Constitution, and either have an honorable discharge or currently be serving either in the Guard/Reserve or on federal active duty.

The key to determining if a Guardsman/Reservist has been on or currently serving on federal active duty is the “Authority Line” on the activation orders of the Guardsman/Reservist. In both cases “Title 10, Subsection 672 or 12301” are orders from the Secretary of Defense and are federal orders.

The authority the 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 which are “Title 10, Subsection 270.” This authority code gives the reserve component the authority to activate the reserves for Weekend Drills and Annual Training.

Use the chart below when determining eligibility for National Guard and Reserves.
ELIGIBLE NON-ELIGIBLE

National Guard Title 10 Subsection 672 Title 32

or 12301*

Reserves Title 10 Subsection 672 Title 10 Subsection 270

or 12301*

This information was taken from Military Law Chapter 39.

*This Subsection was created following Desert Storm to replace 672.

Note: A DD-214 will be issued for the time on federal active duty or a DA-1059 for a completion of a school will be issued with a character type of discharge. All Reserve components send their service members to “Basic Training” using Title 10, Subsection 672/12301 orders.

In response to a recommendation submitted by the 1974 National Conference of Department Commanders and Adjutants, National Judge Advocate B. G. Davis issued the following opinion:

“After having reviewed the Proclamation of the President of the United States released on September 16, 1974, it is my opinion that a clemency discharge will not satisfy the eligibility criteria for membership in The American Legion. Article IV, Section 1, of the National Constitution requires that the individual seeking membership in The American Legion must, inter alia, have an honorable discharge or honorable separation from military service or his service must have continued honorably after any of the delimiting periods set forth in the above cited article and section. A clemency discharge does not meet this criteria.”
Temporary Duty

During the Vietnam War, it was the practice of the Air Force to call members of the Air National Guard to duty for temporary periods, frequently for no more than 10 days. The call is made with the consent of the individual and of the Governor of the state concerned. The duty usually involves flying Air Force cargo from the United States to Southeast Asia. Correspondence with the Chief of the National Guard Bureau, Washington, D.C., has established that duty of the type outlined herein is included in the term of “active duty,” in the sense that it is full-time duty in the active military service of the United States. Upon the completion of such duty, as evidence by the issuance of a Form DD-214 or other evidence of honorable separation, the individual is eligible for membership in The American Legion, provided, of course, that any part of the duty occurred between February 28, 1961, and May 7, 1975.

(Vietnam War) and (Later Periods)

FORMS AIR COAST MARINE

NOS. ARMY FORCE GUARD CORPS NAVY

Honorable DD256 (A) or (AF) or (CG) or (MC) or (N) (White) Eligible *

Reg. & Res.

(UHC) (under

Honorable

conditions) DD257 (A) or (AF) or (CG) or (MC) or (N) (White) Eligible*

(UTH)

than Honorable

conditions) DD258 (A) or (AF) or (CG) or (MC) or (N) (White) Not Elig.*

Bad Conduct DD259 (A) or (AF) or (CG) or (MC) or (N) (Yellow) Not Elig.*

Dishonorable DD260 (A) or (AF) or (CG) or (MC) or (N) (Yellow) Not Elig.*

Certificate of

Service DD217 (AF) Eligible

(REPORT OF DD214 (A) or (AF) (MC) or (N) Eligible

TRANSFER

(OR DISCHARGE

(ARMED FORCES OF THE

(UNITED STATES (if released to a civilian status, although still in the reserves)

*Honorable service during periods of eligibility.
U.S. Military, Naval, Air Force or Coast Guard Academies

B. G. Davis, National Judge Advocate, ruled on March 6, 1978, that “Cadets who served at the U.S. Military, Naval, Air Force or Coast Guard Academies during any of the delimiting periods set forth under Article IV, Section 1 of the National Constitution and whose service has been honorably terminated those individuals are eligible for membership in The American Legion.” Chapter 1, Section 101 (21) Title 38, United States Code provides as

follows: The term “active duty” means service as a cadet at the U.S. Military, Air Force or Coast Guard Academies or as a Midshipman at the U.S. Naval Academy.
Eligibility Matters Not Covered

Questions of eligibility not covered in the foregoing should be referred by Post Commanders to the Department Adjutant or the Department Judge Advocate. Should the Department Adjutant or the Department Judge Advocate be in doubt, an opinion and ruling may be requested from the National Judge Advocate.

Discharges are not infallible as a test for membership, for many discharges were erroneously issued, and if clearly so, may be corrected on application to the appropriate Department in Washington.

If the discharge has been lost, an abstract of service may be procured from the appropriate Department.
Reconnect

Reconnecting America with her military was the driving force behind the Department of Defense establishing a Reconnect program several years ago. There was a perception America had lost touch with her fighting force of men and women. The American Legion was tasked with leading the way in rekindling that relationship. It is important to note that the Department of Defense has reconstituted the old “Reconnect” program and are now calling it “Operation Tribute to Freedom”. Information about the program can be found at their web site: www.defendamerica.mil.

The American Legion has signed a MOU with the United States Military Entrance Processing Command (USMEPCOM). This will help to establish contact with the 62 Military Entrance Processing Stations around the country. A list of MEP stations, and a copy of this memorandum can be requested through the Department from National Headquarters, Internal Affairs Division.

II Motions

III Amendments

IV Nominations and Elections

V Courtesies in the Assembly

VI Parliamentarian

VII Authorized Business
Procedure

PARLIAMENTARY PROCEDURE is the application of parliamentary law to the conduct of an organization. It is wise for all leaders to familiarize themselves with the accustomed technique of conducting a meeting. While it is important that the members understand the fundamental rules of parliamentary procedure, this knowledge should be used only to insure order, to expedite business, and to develop an organization that will cleave to the objects for which it was organized. For a member constantly to raise points of order and to insist upon the strict observance of every rule in a peaceable assembly where there are members ignorant of these rules and customs is but to defeat the opportunity of gradually accustoming the membership of the proper observance of parliamentary procedure.

THE CONSTITUTION AND BY-LAWS of an organization contain specific rules for the conduct of its business. General rules and customs for orderly procedure in addition to these specific rules are commonly known as parliamentary law. These rules are needed to guide the deliberations of an organization in order to do the right thing in the right way at the right time, and to secure the best results with the least expenditure of time and effort. The underlying principles of parliamentary law are justice and courtesy to all, one thing at a time, the rule of the majority, and the right of the minority.

PARLIAMENTARY AUTHORITY—It is important for every organization to adopt some authority on parliamentary law, and for the members to be familiar with both the specific and the general rules of the organization. A copy of the by-laws should always be on the commander’s desk. Excellent books and small leaflets on parliamentary procedure have been written in simplified form and are available, but Roberts’ Rules of Order Revised is the accepted authority for The American Legion.

1. CALL TO ORDER—The commander taps once with the gavel and says, “The meeting will come to order (follow ritual; roll call). The adjutant will please read the minutes of the preceding meeting.”

2. MINUTES—After the minutes have been read by the adjutant, the commander asks, “Are there any corrections?” If none is made, “The minutes stand approved as corrected.”

3. TREASURER OR FINANCE OFFICER’S REPORT—The commander then calls for the treasurer’s report. After it has been read, the commander says, “If there are no questions or corrections, the report will be filed for auditing.” The Auditing Committee reports at such times as the by-laws provide.

4. EXECUTIVE COMMITTEE REPORT—In some organizations much of the routine business is taken care of by the Executive Committee. This committee submits a report of its meeting at each regular meeting of the organization for adoption by the membership. The Executive Committee may transact only such business as the membership authorizes, except where the by-laws give the committee power to act. This report might include the outstanding points in communications and committee reports submitted at the Executive Committee meeting, and presented to the organization for the information or the action of the group.

5. COMMUNICATIONS—These may include letters received, notice of the next meeting, and any matters of general interest to the organization, read by the adjutant.

6. STANDING COMMITTEE REPORTS—Standing committees are usually provided for in the by-laws and function throughout the year. The commander should have a list of the standing committees and call on each chair by name for reports according to plans previously made. If a report is made which contains merely a statement of opinion or facts, the commander says,

“If there are no objections, the report is accepted.” If it contains resolutions or recommendations for future action, a motion should be made by the reporting member “to adopt the resolutions or recommendations which may be amended in exactly the same manner as any main motion.”

7. SPECIAL COMMITTEE REPORTS—Special committees are appointed for special purposes and are automatically discharged when the special duties for which they were created are completed and their final report made to the organization. If there are any special committees to report, the commander says, “We will now hear the report of the special committee appointed to ***.” A motion to adopt the resolution or recommendations of the committee opens the report to discussion and amendment.

8. UNFINISHED BUSINESS—The commander next brings before the meeting any business Postponed from the previous meeting, or nay matters introduced at that meeting on which the action of the organization was not completed. A list of these unfinished matters should have been prepared from the minutes of the last meeting by the adjutant. Only when the unfinished business has been disposed of may new business be brought forward.

9. NEW BUSINESS—The commander then says, “Is there any new business to come before the meeting?” Communications and motions calling for action by the organization may then be presented and necessary action taken. This closes the business part of the meeting.

10. THE PROGRAM is then presented.

11. 
    ADJOURNMENT—Members should remain seated and in order until the meeting is declared adjourned. The commander may, if desired, use the “common consent” motion to adjourn, etc., “If there are no objections, the meeting stands adjourned.” Formal adjournment is usually followed by a social hour. (Follow ritual.)