severe punishment within the same category as a bad conduct discharge, namely, a reprimand, which also sounds in loss of reputation.] United States v. Kelley (No. 5057), 5 USCMA 259, 17 CMR 259. The accused was originally sentenced to forfeit $40 per month for three months, confinement at hard labor for four months, reduction in grade and a bad conduct discharge. At a rehearing he was found guilty of the original charges plus additional charges of desertion, losing a book through neglect and stealing a book. At this rehearing he was sentenced to confinement for fifteen months, total forfeitures, reduction in grade and a bad conduct discharge. At the rehearing the trial counsel advised the court that as to the original charges the sentence could not exceed that imposed at the original trial, the law officer specifically instructed to the same effect and the president of the court in announcing the sentence stated that the court had taken into consideration and not exceeded the sentence awarded at the previous trial. Held: Additional charges may be heard during the course of a rehearing and if such charges are preferred at a rehearing then the restrictions on the sentence contained in UCMJ, Art 63b, no longer apply and the court may award such punishment as it deems appropriate for the new offense or offenses. The only requirement in this regard is that the court be advised as to the original sentence adjudged and its attention invited to the limitation on punishment prescribed in Art 63b. (Citing UCMJ, Art 63b; MCM, 1951, pars 81d and 92.) In view of the precise instructions of the law officer and the specific statement of the president, the mere assertion that there is no way to determine if the original sentence was exceeded is not sufficient to overcome the presumption that the members of the court abided by the oath they took when sworn. Furthermore, in view of the additional charges of which the accused was found guilty, the increase in the period of confinement and the amount of the forfeitures do not give rise to an inference that the sentence for the original offenses was exceeded. NCM 364, Kincaid (1954) 17 CMR 523. Consideration in assessing sentence on rehearing of affirmed portion of findings of previous trial where Court of Military Appeals had affirmed in part, reversed in part and directed a rehearing, see United States v. Field, supra § 1. § 7.5. Credit for punishment already served or suffered. In his action upon the sentence adjudged at a rehearing the convening authority reduced the confinement from two years to one year and otherwise approved the sentence. Held: The accused must be credited with confinement and any other portion of the punishment served or executed under the sentence adjudged at the former trial. The terminology of par 89c (7), MCM, 1951, which provides in part that to insure that credit will be given in proper cases, the convening authority shall, if he approves any part of the sentence adjudged upon a rehearing, direct in his action that any portion or amount of the former sentence served or executed between the date it was adjudged and the date it was disapproved or set aside shall be credited to the accused, is mandatory rather than permissive and, although the convening authority herein reduced the confinement awarded by the court by half, it cannot be speculated as to whether this action was intended to be compliance with the provisions of the Manual or whether it was occasioned by other reasons such as character evidence or clemency recommendations. NCM 336, Butler (1954) 16 CMR 419. I. IN GENERAL. RESERVE FORCES § 5. Calling or Ordering to Active Duty. III. PERSONNEL IN GENERAL. § 41. In General. § 43. Rank and Precedence. § 45. Appointment of Officers. § 47. Enlistments. § 53. Promotions. § 55. Pay and Allowances. § 61. Injuries, Disability, or Death. § 69. Termination of Status. IV. RESERVE OFFICERS' TRAINING CORPS. § 73. In General. § 81. Training. § 85. Personal Injuries or Death. I. IN GENERAL § 5. Calling or Ordering to Active Duty § 5.1. Generally. Orders to active duty, issued for the duration of war and national emergency, are considered as being orders to extended active duty in excess of thirty days within the meaning of sec 402 of the Career Compensation Act of 1949, even though the orders do not expressly state that the officer in question is ordered to extended active duty in excess of thirty days. (Citing 21 Comp Gen 121, 124.) Op CCCG 1954/11. 10 February 1954. Where a Coast Guard Reservist's orders to duty did not specifically state that the member was called to active duty in excess of thirty days, a training and active duty agreement under which the member obligated himself to serve on active duty for three years after commissioning, or for a UMT active duty obligation in the event of not being commissioned, would support the conclusion that the member was called to extended active duty in excess of thirty days. (See Law Bulletin 214, p 4, citing 21 Comp Gen 121.) Op CCCG 1954/19. 5 April 1954. § 5.35. For purposes of hospitalization. A Reserve officer suffered two injuries, one while on active duty for training and the second at an inactive duty training assembly. Following a recommendation by a medical officer that he be hospitalized for further study and observation, he was ordered to active duty, with his consent, for the purpose of undergoing physical examination. Held: As a member of the Army Reserve may not be ordered to active duty for the purpose of hospitalization, the orders purporting to order the officer in question to active duty for such purpose were unauthorized and may be revoked. Furthermore, the officer's entitlement to hospitalization, pay and allowances, and other benefits provided by sec 5 of the Act of 3 April 1939 (53 Stat 557, as amended (10 USC 456)), and retirement pay pursuant to sec 402, Career Compensation Act of 1949 (63 Stat 816, 37 USC 272), was not adversely affected by the invalid orders. (Citing 27 Comp Gen 490; JAGA 1953/5971, 24 Jul 1953; CSJAGA 1949/5238, 3 Aug 1949; JAGA 1952/2590, 26 Mar 1952; 29 Comp Gen 509; JAGA 1951/3929, 5 Jul 1951.) JAGA 1954/5137. 10 June 1954. § 5.39. Commissioned ROTC graduates. Commissioned ROTC graduates may be ordered and reordered to active duty until they have completed a total of two years active duty. (Citing subsec 6d of the Universal Military Training and Service Act, 62 Stat 611, as amended 50 USC App 456d; Senate Report No. 68, 80th Cong, 2nd sess, p 13; Senate Report No. 117, 82nd Cong, 1st sess, p 52; JAGA 1953/6121, 22 Jul 1953.) JAGA 1953/9997. 14 January 1954. $5.97. Doctors, dentists, and similar specialists, generally. Subsection 4 (c) of the Act of 9 September 1950 ("Doctors Draft Act," 64 Stat 828, 50 USC Appx 454a), as added by sec 3 of the Act of 29 June 1953 (PL 84, 83d Cong, 67 Stat 86) is authority for ordering or reordering the officers referred therein to active duty subject only to the restrictions and limitations pertaining to prior service contained in the latter act itself. That subsection contains a "sliding scale" limiting the period for which an officer may be ordered to active duty depending on the amount of his service since 16 September 1940. Furthermore, subsec 4(i) (6) of the Universal Military Training and Service Act (64 Stat 826), as amended (50 USC Appx 454 (i); sec 1, Act of 29 June 1953, supra), states except in time of war or national emergency hereafter declared by the Congress, no person who has served in the active service since September 16, 1940, for a period of twenty-one months or more, shall be liable for .. order to active duty under the Act of 9 September 1950, as amended." JAGA 1954/5745. 30 June 1954. 66 Processing time as creditable as active duty under sec 4(1)(5) of the UMT & S Act, see Op JAGAF 1954/7, WAR § 5.27. § 7. Release from Active Duty; Retention § 7.1. Generally. A Reserve officer who has completed more than eighteen but less than twenty years active Federal service, at least ten of which have been active commissioned service, and whose performance of duty has been satisfactory, does not have a vested right to be retained on active duty as a commissioned officer until he has completed twenty years active Federal service for retirement purposes. JAGA 1954/2177. 25 February 1954. $7.25. Physical examination. The physical examination of Reserve officers upon their relief from active duty as such for the purpose of serving on active duty as Regular Army warrant officers is required by law. (Citing Act of 27 Aug 1940 (54 Stat 858), as amended (formerly 50 USC App 401, et seq); SPJGA 1945/12964, 8 Nov 1945; JAGA 1947/7890, 7 Oct 1947; JAGA 1948/345, 22 Jun 1948 (Conf); JAGA 1948/6740, 20 Sep 1948; JAGA 1948/6852, 19 Nov 1948, JAGA 1953/1175, 27 Jan 1953.) JAGA 1954/9535. 5 January 1955. III. PERSONNEL IN GENERAL § 41. In General § 41.5. Service obligation, generally. It is within the plenary power of the Secretary of the Air Force to discharge an airman determined to be ineligible for reenlistment under the provisions of AFR 35-62 from the Air Force and from any Reserve obligation to the Air Force under the Universal Military Training and Service Act. (Citing JAGA 1952/2635, 27 Mar 1952, 1 Dig Ops, RES F § 41; Op JAGAF 82-41.5, 19 Jun 1953; JAGA 1953/8830, 5 Nov 1953, 3 Dig Ops No. 4, RES F § 41.5.) Op JAGAF 1954/14. 24 September 1954. § 43. Rank and Precedence § 43.37. Rank or grade reverted to following active duty. An enlisted member of the U. S. Naval Reserve, while on active duty, was given a temporary appointment to the warrant grade of carpenter, USNR, under the authority of the Act of 24 July 1941 (55 Stat 605, 34 USC 350 et seq.). Later he was temporarily appointed to the commissioned warrant grade of chief carpenter, USNR, by authority of the same act. While he was serving on active duty in this status, the Act of 24 July 1941 was amended by the Act of 21 February 1946 (60 Stat 28), so as to provide in part that upon termination of their temporary status members of the Reserve components should have, when returned to inactive status, the highest grade and rank in which, as determined by the Secretary of the Navy, they served satisfactorily under a temporary appointment. When the member involved herein was released from active duty he was given a certificate of satisfactory service addressed to him in his grade of chief carpenter and signed for the President by the Secretary of the Navy. Held: The certificate of service, in the absence of a further inconsistent secretarial determination, may be considered a determination by the Secretary of the Navy that the man had served satisfactorily under his temporary appointment in the grade and rank of chief carpenter. Accordingly, under the above mentioned statute, when his temporary status terminated upon his release from active duty, he did not revert to his permanent enlisted grade but acquired by operation of law a permanent status in the rank and grade of chief carpenter in the US Naval Reserve. Also, the facts that no entry as to termination of his enlisted status was made in his enlisted record as required by BuPers Circular Letter No. 131-46, 10 June 1946, par 5, and that no confirming commission was ever sent him as |