Certificate recording proficiency and merit; physical examination
section 3803(b) of this titleProvidedProvided furtherAny 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 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: , 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: , 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.
Right to vote; manner; poll tax
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.
Reports on separated personnel
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.
June 24, 1948, ch. 625 62 Stat. 614 Sept. 27, 1950, ch. 1059, § 1(7) 64 Stat. 1074 June 19, 1951, ch. 144 65 Stat. 86 July 12, 1955, ch. 327 69 Stat. 295 July 9, 1956, ch. 523, § 1 70 Stat. 509 Pub. L. 86–632, § 174 Stat. 467 Pub. L. 87–39175 Stat. 821 Pub. L. 90–491, § 182 Stat. 790 Pub. L. 92–129, title I, § 101(a)(23)85 Stat. 351 Pub. L. 93–508, title IV, § 40588 Stat. 1600 Pub. L. 107–296, title XVII, § 1704(e)(11)(D)116 Stat. 2315 (, title I, § 9, ; –(10), ; , title I, § 1(s), ; , ; , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act June 24, 1948, ch. 625 62 Stat. 604 This chapter, referred to in subsecs. (a) and (b), was in the original “this title”, meaning title I of , , 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
Pub. L. 107–2962002—Subsec. (c). 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”.
Pub. L. 93–508, § 405(1)1974—Subsecs. (b), (c). , (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.
Pub. L. 93–508, § 405(1)Subsecs. (d) to (h). , 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.
Pub. L. 93–508, § 405(2)Subsecs. (i), (j). , redesignated subsecs. (i) and (j) as (b) and (c), respectively.
Pub. L. 92–1291971—Subsec. (j). substituted “or Transportation” for “or Treasury”.
Pub. L. 90–491, § 1(1)1968—Subsec. (c)(3). , added par. (3).
Pub. L. 90–491, § 1(2)Subsec. (d). , included cases where any private employer fails or refuses to comply with provisions of subsec. (c)(3) of this section.
Pub. L. 90–491, § 1(3)Subsec. (g)(1). , substituted “does not exceed five years, provided that the service in excess of four years after , is at the request and for the convenience of the Federal Government” for “does not exceed four years”.
Pub. L. 90–491, § 1(4)Subsec. (g)(2). , designated existing provisions as par. (A) and added par. (B).
Pub. L. 87–3911961—Subsec. (g)(1). permitted four years service after , in addition to four years service between , and , without loss of reemployment rights.
Pub. L. 87–391Subsec. (g)(2). permitted four years service after , in addition to four years service between , and , without loss of reemployment rights.
Pub. L. 87–391Subsec. (g)(4). 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.
Pub. L. 87–391Subsec. (g)(5), (6). added par. (5) and redesignated former par. (5) as (6).
Pub. L. 86–632, § 1(1)1960—Subsec. (g)(2). , inserted “and other than for training” after “physical fitness” in parenthetical phrase.
Pub. L. 86–632, § 1(2)Subsec. (g)(3). , 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.
Pub. L. 86–632, § 1(3)Subsec. (g)(4), (5). , added pars. (4) and (5).
1956—Subsec. (d). Act , inserted reference to subsection (g) of this section.
1955—Subsec. (a). Act , 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 , clarified reemployment rights with respect to restoration to a position of like seniority, status, and pay.
1950—Subsec. (g)(1). Act , § 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 , § 1(8), struck out “, the Coast Guard” after “United States”.
Subsec. (h). Act , § 1(9), struck out “, the Coast Guard” after “United States”.
Subsec. (j). Act , § 1(10), struck out “or” after “Navy” and inserted “, or Treasury” after “Air Force”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of Title 10Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under , Armed Forces.
Effective Date of 1974 Amendment
Pub. L. 93–508section 503 of Pub. L. 93–508section 3452 of Title 38Amendment by effective , see , set out as a note under , Veterans’ Benefits.
Effective Date of 1960 Amendment
Pub. L. 86–632, § 374 Stat. 468
Effective Date of 1956 Amendment
Act July 9, 1956, ch. 523, § 2 70 Stat. 509