PART III

CHAPTER 1

THE REEMPLOYMENT PROVISIONS

301.1 Introduction. (a) The statutory reemployment rights of veterans given under the provisions of section 8 of the Selective Training and Service Act of 1940, as amended, section 3 of Public Resolution No. 96, Seventy-sixth Congress, and section 7 of Public Law 213, Seventy-seventh Congress, and the substantially similar reemployment rights given to members of the Merchant Marine under Public Law 87, Seventy-eighth Congress, are established by Congress in the exercise of its war powers and its power to raise armies and support navies. (See The Hall Case-Hall v. Union Light, Heat and Power Co., p. 95, Appendix.)

(b) The Director of Selective Service has made the following determinations and interpretations with reference to the reemployment rights of veterans. As used in part III, the word "veteran' shall include, where applicable, a former member of the Merchant Marine.

301.2 Persons to Whom Reemployment Provisions Apply.— Reemployment rights are conferred upon the following persons under conditions set forth in section 301.3:

(1) All persons inducted for military training and service under the provisions of the Selective Training and Service Act of 1940, as amended.

(2) Members of any reserve component of the land or naval forces who were on active duty on August 27, 1940, or who were called to active duty after that date.

(3) All persons who, subsequent to May 1, 1940, have entered upon active military or naval service in the land or naval forces of the United States, including the women's components thereof. (4) Reserve officers of the United States Public Health Service called to active duty after November 11, 1943.

(5) Any person entering service in the Merchant Marine after May 1, 1940, within the meaning of Public Law 87, Seventyeighth Congress.

301.3 Qualifications for Reinstatement Rights.-(a) A person qualified under section 301.2 is entitled by law to reinstatement in his former position or to a position of like seniority, status, and pay:

(1) If such position was in the employ of a private employer, the United States Government, its Territories or possessions, or the District of Columbia;