75TH CONG., 3D SESS.-CH. 690--JUNE 25, 1938 [CHAPTER 690] AN ACT 1175 June 25, 1938 To provide for the creation, organization, administration, and maintenance of [H. R . 10594] a Naval Reserve and a Marine Corps Reserve. [Public, No. 732] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Naval Reserve Act of 1938". Naval Reserve Act of 1938. TITLE I-DISSOLUTION OF EXISTING RESERVE AND Title I-Dissolu- ORGANIZATION OF NEW RESERVE serve and Organiza- tion of New Reserve. SECTION 1. The Naval Reserve established under the Act of Febru- ary 28, 1925, is hereby abolished, and in lieu thereof there is hereby created and established, as a component part of the United States Navy, a Naval Reserve which shall consist of the Fleet Reserve, the Organized Reserve, the Merchant Marine Reserve, and the Volunteer Reserve: Provided, That all men who on the date of this Act are members of the Fleet Naval Reserve as the result of sixteen or more years of active naval service, are hereby transferred to the Fleet Reserve created by this Act, and shall continue to receive the same pay, allowances, and benefits which they were legally entitled to receive at the time of approval of this Act, and all other members of the Fleet Naval Reserve are hereby transferred to the Organized Reserve; and all officers and men who on the date of this Act are members of the Merchant Marine Naval Reserve and Volunteer Naval Reserve (including aviation cadets), are hereby transferred to the Merchant Marine Reserve and Volunteer Reserve, respectively: Provided further, That such transfers of officers and men shall be for the unexpired period of their current appointments or enlistments in the Naval Reserve and in the same grades, ranks or ratings, and with the same dates of precedence held by them on the date of such transfer: And provided further, That nothing contained in this Act shall affect the status or pay of members of the Naval Reserve Force or the Naval Reserve heretofore retired with or without pay, except that members of the Honorary Retired List on the date of the approval hereof are hereby transferred to the Honorary Retired List for the Naval Reserve created by section 309, title III, of this Act. SEC. 2. The United States Marine Corps Reserve established under the Act of February 28, 1925, is hereby abolished, and in lieu thereof there is hereby created and established as a component part of the United States Marine Corps, a Marine Corps Reserve under the same provisions in all respects (except as may be necessary to adapt said provisions to the Marine Corps) as those contained in this Act or which may hereafter be enacted providing for the Naval Reserve: Provided, That the Marine Corps Reserve shall consist of the Fleet Marine Corps Reserve, the Organized Marine Corps Reserve, and the Volunteer Marine Corps Reserve, corresponding, as near as may be, to similar classes of the Naval Reserve. SEC. 3. The Act of February 28, 1925, entitled "An Act for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve" (43 Stat. 1080), as amended by the Acts of March 4, 1925, section 19 (43 Stat. 1276); March 2, 1929 (45 Stat. 1476); May 23, 1930, section 2 (46 Stat. 375); June 30, 1932, section 1 (47 Stat. 431, 439); February 14, 1933 (47 Stat. 801); and May 29, 1934, section 17 (48 Stat. 813), as contained in the United States Code, title 34, chapter 15, is hereby repealed. Establishment as part of the Navy in lieu of existing Naval Reserve. 43 Stat. 1080. 34U.S.C.,ch.15; Supp. III, ch. 15. Classes. Provisos. Transfer of present Fleet Naval Reserve members. Transfers to Mer- chant Marine Reserve and Volunteer Re- serve. Term of service. Status of members heretofore retired. Honorary Retired List. Post, p. 1183. Marine Corps Re- serve. Establishment as part of Marine Corps In lieu of present or- ganization. Proviso. Classes. Laws repealed. 43 Stat. 1080, 1276; 45 Stat. 1476; 46 Stat. 375; 47 Stat. 431, 439, 801; 48 Stat. 813. 34U.S.C., ch.15; Supp. III, ch. 15. 52 STAT.]
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