§3808 — Title 50 War and National Defense | U.S. Code

Summary

People who are drafted or inducted for training and service must get a certificate when they finish their required training and service. The certificate will note any special skills or merits. They must have a physical exam at the start and another at the end. If they ask in writing, the Secretary will give them a written statement of their physical condition, but the Secretary can leave out mental or other items that would be harmful to the person. If the person stays on active duty without a break of more than 72 hours, the end exam is not required unless the person asks or medical staff say it is needed. While serving, inducted people may vote in person or by absentee ballot in any state election where they are eligible under state law, whether they are inside or outside the state. Commanders do not have to grant more than one day of leave or furlough to allow in-person voting. No one inducted or enlisted may be forced to pay a poll tax or other payment to vote for President, Vice President, electors for President or Vice President, Senator, or Member of the House of Representatives. When someone leaves active duty, the Secretary of the military department, and the Secretary of Homeland Security for the Coast Guard, must send a report of separation to the Selective Service System.

Title 50, §3808

War and National Defense — Source: USLM XML via OLRC

(a)Any person inducted into the armed forces under this chapter for training and service, who, in the judgment of those in authority over him, satisfactorily completes his period of training and service under section 3803(b) of this title shall be entitled to a certificate to that effect upon the completion of such period of training and service, which shall include a record of any special proficiency or merit attained. In addition, each such person who is inducted into the armed forces under this chapter for training and service shall be given a physical examination at the beginning of such training and service, and upon the completion of his period of training and service under this chapter, each such person shall be given another physical examination and, upon his written request, shall be given a statement of physical condition by the Secretary concerned: Provided, That such statement shall not contain any reference to mental or other conditions which in the judgment of the Secretary concerned would prove injurious to the physical or mental health of the person to whom it pertains: Provided further, That, if upon completion of training and service under this chapter, such person continues on active duty without an interruption of more than seventy-two hours as a member of the Armed Forces of the United States, a physical examination upon completion of such training and service shall not be required unless it is requested by such person, or the medical authorities of the Armed Force concerned determine that the physical examination is warranted.

(b)Any person inducted into the armed forces for training and service under this chapter shall, during the period of such service, be permitted to vote in person or by absentee ballot in any general, special, or primary election occurring in the State of which he is a resident, whether he is within or outside such State at the time of such election, if under the laws of such State he is otherwise entitled so to vote in such election; but nothing in this subsection shall be construed to require granting to any such person a leave of absence or furlough for longer than one day in order to permit him to vote in person in any such election. No person inducted into, or enlisted in, the armed forces for training and service under this chapter shall, during the period of such service, as a condition of voting in any election for President, Vice President, electors for President or Vice President, or for Senator or Member of the House of Representatives, be required to pay any poll tax or other tax or make any other payment to any State or political subdivision thereof.

(c)The Secretary of a military department, and the Secretary of Homeland Security with respect to the Coast Guard, shall furnish to the Selective Service System hereafter established a report of separation for each person separated from active duty.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this title”, meaning title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. Codification Section was formerly classified to section 459 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

2002—Subsec. (c). Pub. L. 107–296 substituted “Secretary of a military department, and the Secretary of Homeland Security with respect to the Coast Guard,” for “Secretaries of Army, Navy, Air Force, or Transportation”. 1974—Subsecs. (b), (c). Pub. L. 93–508, § 405(1), (2), redesignated subsecs. (i) and (j) as (b) and (c), respectively. Former subsecs. (b) and (c), relating to reemployment rights and consideration of training and service in the armed forces as furlough or leave of absence, were struck out. Subsecs. (d) to (h). Pub. L. 93–508, § 405(1), repealed subsecs. (d) to (h) relating to jurisdiction of district courts to enforce compliance with the reemployment provisions, legal assistance by United States attorneys to claimants of reemployment benefits, reemployment by Federal Government, priority of rights to reemployment, and reemployment benefits to persons enlisting or called to active duty. Subsecs. (i), (j). Pub. L. 93–508, § 405(2), redesignated subsecs. (i) and (j) as (b) and (c), respectively. 1971—Subsec. (j). Pub. L. 92–129 substituted “or Transportation” for “or Treasury”. 1968—Subsec. (c)(3). Pub. L. 90–491, § 1(1), added par. (3). Subsec. (d). Pub. L. 90–491, § 1(2), included cases where any private employer fails or refuses to comply with provisions of subsec. (c)(3) of this section. Subsec. (g)(1). Pub. L. 90–491, § 1(3), substituted “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” for “does not exceed four years”. Subsec. (g)(2). Pub. L. 90–491, § 1(4), designated existing provisions as par. (A) and added par. (B). 1961—Subsec. (g)(1). Pub. L. 87–391 permitted four years service after Aug. 1, 1961, in addition to four years service between

June 24, 1948, and Aug. 1, 1961, without loss of reemployment rights. Subsec. (g)(2). Pub. L. 87–391 permitted four years service after Aug. 1, 1961, in addition to four years service between

June 24, 1948, and Aug. 1, 1961, without loss of reemployment rights. Subsec. (g)(4). Pub. L. 87–391 struck out requirement that persons who are rejected for military service must have requested a leave of absence from their employers for purpose of determining their physical fitness to enter Armed Forces in order to insure reemployment rights. Subsec. (g)(5), (6). Pub. L. 87–391 added par. (5) and redesignated former par. (5) as (6). 1960—Subsec. (g)(2). Pub. L. 86–632, § 1(1), inserted “and other than for training” after “physical fitness” in parenthetical phrase. Subsec. (g)(3). Pub. L. 86–632, § 1(2), substituted the existing reemployment provisions for provisions granting a leave of absence to perform training duty or to be examined to determine fitness to enter the armed forces and requiring application for reinstatement to be made within thirty days following release from training duty or rejection for service. Subsec. (g)(4), (5). Pub. L. 86–632, § 1(3), added pars. (4) and (5). 1956—Subsec. (d). Act

July 9, 1956, inserted reference to subsection (g) of this section. 1955—Subsec. (a). Act

July 12, 1955, inserted proviso removing requirement for a final physical examination for inductees who continue on active duty in another status in the Armed Forces. 1951—Subsec. (g). Act

June 19, 1951, clarified reemployment rights with respect to restoration to a position of like seniority, status, and pay. 1950—Subsec. (g)(1). Act Sept. 27, 1950, § 1(7), struck out “or the Coast Guard (other than a reserve component)” and “or the Coast Guard” after “(other than in a reserve component)”. Subsec. (g)(2). Act Sept. 27, 1950, § 1(8), struck out “, the Coast Guard” after “United States”. Subsec. (h). Act Sept. 27, 1950, § 1(9), struck out “, the Coast Guard” after “United States”. Subsec. (j). Act Sept. 27, 1950, § 1(10), struck out “or” after “Navy” and inserted “, or Treasury” after “Air Force”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of Title 38, Veterans’ Benefits.

Effective Date

of 1960 Amendment Pub. L. 86–632, § 3,

July 12, 1960, 74 Stat. 468, provided that: “This Act [amending this section and section 1013 of this title] shall take effect upon the expiration of sixty days from the date of its enactment [

July 12, 1960].”

Effective Date

of 1956 AmendmentAct

July 9, 1956, ch. 523, § 2, 70 Stat. 509, provided that: “The amendment made by the first section of this Act [amending this section] shall take effect as of

June 19, 1951.”

§3808 Separation from service

Summary

Title 50, §3808

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

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