790
PUBLIC LAW 90-491-^UG. 17, 1968
[82 STAT.
Public Law 90-491 August 17, 196f [H. R. 1093]
Armed Forces. R e s e r v e compon e n t s, reemployment rights. 62 Stat. 6 1 5.
Court enforcement. Enlistees, benefits. 75 Stat. 8 2 1.
Active duty status, rights.
R e s e r v i s t s, extended duty.
AN ACT . To amend and clarify the reemployment provisions of the Universal Military Training and Service Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Universal Military Training and Ser\dce Act, as amended (50 U.S.C. App. 459), is amended as follows: (1) Amend section 9(c) by adding the following paragraph immediately after paragraph (2): "(3) Any person who holds a position described in paragraph (A) or (B) of subsection (b) shall not be denied retention in employment or any promotion or other incident or advantage of employment because of any obligation as a member of a reserve component of the Armed Forces of the United States." (2) Amend subsection 9(d) by inserting ", subsection (c)(3) " immediately following the words "subsection (c)(1)". (3) Amend section 9(g)(1) to read as follows: "Any person who, after entering the employment to which he claims restoration, enlists in the Armed Forces of the United States (other than in a reserve component) shall be entitled upon release from service under honorable conditions to all the reemployment rights and other benefits provided for by this section in the case of persons inducted under the provisions of this title, if the total of his service performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any service, additional or otherwise performed by him after August 1, 1961, does not exceed five years, provided that the service in excess of four years after August 1, 1961, is at the request and for the convenience of the Federal Government (plus in each case any period of additional service imposed pursuant to law)." (4) Amend subsection 9(g)(2) to read as follows: "(2)(A) Any person who, after entering the employment to which he claims restoration enters upon active duty (other than for the purpose of determining his physical fitness and other than for training), whether or not voluntarily, in the Armed Forces of the United States or the Public Health Service in response to an order or call to active duty shall, upon his relief from active duty under honorable conditions, be entitled to all of the reemployment rights and benefits provided by this section in the case of persons inducted under the provisions of this title, if the total of such active duty performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any such active duty, additional or otherwise, performed after August 1, 1961, does not exceed four years (plus in each case any additional period in which he was unable to obtain orders relieving him from active duty). " (B) Any member of a Reserve component of the Armed Forces of the United States who voluntarily or involuntarily enters upon active duty (other than for the purpose of determining his physical fitness and other than for training) or whose active duty is voluntarily or involuntarily extended during a period when the President is authorized to order units of the Ready Reserve or members of a Reserve component to active duty shall have the service limitation governing eligibility for reemployment rights under paragraph (2) (A) of this subsection extended by his period of such active duty, but not to exceed that period of active duty to which the President is authorized to order units of the Ready Reserve or members of a Reserve component: Provided, That with respect to a member who
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