Membership Information

Are you eligible for the American Legion???

If so, select and print the Member Application form,  fill it out, take it along with your
DD form 214 (discharge) or a copy of your current millitary identification
to Ira J Jacobson American Legion Post 474 or mail it to me (address in Contact Us)
 with a check made out to the American Legion for $35.00

All documentation is strictly confidential and is not used for any other purpose than proof of eligibility:

Please select MEMBER APPLICATION here. The member application will POP-UP in PDF format.

Membership dues are $35.00

Simplified Eligibility Guide

National policy requires that eligibility inquiries be submitted through the Department.

There is only one class of membership—honorary memberships are not authorized.  In all doubtful cases, consult your judge advocate.

Constitutional Eligibility Requirements

ALL WHO SERVED IN THE U. S. Army, NAVY, MARINE CORPS, COAST GUARD OR AIR FORCE OF THE UNITED STATES ARE ELIGIBLE ONLY IF THEY HAVE THE FOLLOWING CONSTITUTIONAL QUALIFICATIONS:

“Any person shall be eligible for membership in The American Legion who was a member of the U. S. Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and assigned to active duty at some time during any of the following periods:  April 6, 1917, to November 11, 1918;  December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; February 28, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States; all dates inclusive . . . provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.”

(The language “or continued honorably after any of said periods” has reference to those remaining in service after the date terminal at which time eligibility may be established by all veterans having honorable active service during such periods, regardless of whether they have been discharged or stay on in the service).

Constitution Requirements with Reference to Allied Armies

“Any person shall be eligible for membership in The American Legion . . . who, being a citizen of the United States at the time of entry therein, served on active duty in the armed forces of any of the governments associated with the United States during any said periods; . . . provided, however, such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.”

(The word “citizen” requires full citizenship and one who had only made application for citizenship and had what is commonly known as “first papers” was not admitted to full citizenship at the time of entry into the service and therefore is not eligible.  Only full citizenship prior to service with an allied U. S. Army entitles one to membership.  The attainment of U.S. citizenship subsequent to such service does not fulfill the requirement).

(Service in the allied forces is not restricted to the initial dates as given for service in U.S. Forces, but may have been at any time after the declaration of war by the particular government.)

• (NOTE:  Section 1, Article IV, of the National By-Laws provides:

• Each Post of The American Legion shall be the judge of its own membership, subject to the restriction of the Constitution and By-Laws, except that no person who is a member of an organization which has for its aim the overthrow of the United States Government, by force or violence, or who subscribes to the principles of any group opposed to our form of government shall be eligible to become or remain a member of The American Legion.)

• Dishonorable Discharge

When a veteran has proper wartime service, with honorable discharge, but received a discharge other than honorable by reason of a subsequent enlistment, if the later enlistment was outside to the ending dates of eligibility set forth in Article IV of the National Constitution of The American Legion, the person in question would be eligible, based on the first period of service which met the constitutional requirement.  (The question of his acceptability being a matter of the Post under Section 1, Article IV, National By-Laws.)

If the subsequent enlistment was during a period of eligibility set forth in Article IV of the National Constitution of The American Legion and ended on other than a honorable discharge, would permeate the entire service for that period and would not be eligible for membership based on service for that period.

World War II

The Kansas City National Convention of The American Legion, held September 1942, and the Chicago National Convention, November 1945, authorized the amendment of the National Charter to include the eligibility dates covering World War II service (December 7, 1941, to September 2, 1945).  Public Laws 767 and 495, approved October 29, 1942, and July 9, 1946, respectively, effected the change.  The Miami Beach National Convention, August 1974, authorized the amendment of the National Charter to change the terminal eligibility date for World War II service to December 31, 1946, and Public Law 93-557, approved December 27, 1974, effected.

A January 19, 1988, decision of the Secretary of the Air Force granted veteran status, not just veterans benefits, to its members of the Merchant Marine and certain employees of the U. S. Army and Navy during the period December 7, 1941, to August 15, 1945.  The Federal Government now considers such service to be “active duty” service.  Affected individuals must apply for a Discharge or Certificate of Release.  A DD Form 214 record of service will be issued which will show service in the U. S. Army, Navy or Coast Guard, depending on the service of the individual.  In this case the individuals would be eligible and no action is needed by The American Legion.  Often such DD Form 214’s will also show Merchant Marines as a component of one of the Armed Forces (e.g. U. S. Army, Navy, Coast Guard, U. S. Army Air Corps now Air Force, or Marines).  Since The American Legion has never looked beyond active duty in one of the Armed Forces, the particular component does not affect membership eligibility.

Merchant Marine Flag [Resolution No. 3]

Resolved, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, October 8-9, 2003, that the commemorative Merchant Marine Flag be included as one of the official United States Auxiliary Service Flags; and be it further

Resolved, That The American Legion shall take steps to have the Merchant Marine flag included in all National Displays as an official United States Auxiliary Service Flag and to fly beside other Service flags of the Armed Forces as appropriate and in accordance with accepted protocol.

Korean War

The Los Angeles National Convention, The American Legion, October 1950, and the Washington, D.C., National Convention, August 30-September 2, 1954, authorized the amendment of the National Charter to include the eligibility dates covering the Korean War (June 25, 1950, to July 27, 1953).  Public Laws 895 and 178, approved December 28, 1950, and July 26, 1955, respectively, effected the change.  The Miami Beach National Convention, August 1974, authorized the amendment of the National Charter to change the terminal eligibility date for Korean War Service to January 31, 1955, and Public Law 93-557, approved December 27, 1974, effected to change.

Area where service performed is not a determining factor.

The two weeks’ annual training periods to not fulfill eligibility requirements, as such training periods represent nothing more than similar active duty excursions demanded from component branches of the U. S. Army during peacetime as well as during the period of hostilities.

One who was ordered to active duty for purposes of undergoing physical examination, subsequently returned to his home, reverting to inactive status, is not eligible.

Discharge Data

(November 1951)

FORMS FOR U. S. Army, NAVY, MARINE CORPS AND AIR FORCE

DD 256 (A) or (N) or (MC) or (AF) (White) Honorable                                                    Eligible*

DD 257 (A) or (N) or (MC) or (AF) (White) General                                                         Eligible*

DD 258 (A) or (N) or (MC) or (AF) (White) Undesirable                                                  Not Eligible

DD 259 (A) or (N) or (MC) or (AF) (Yellow) Bad Conduct                                              Not Eligible

DD 260 (A) or (N) or (MC) or (AF) (Yellow) Dishonorable                                               Not Eligible

DD 214 Report of Separation from the Armed Forces of the United States                          Eligible*

(If released to a civilian status, although still in the Reserves)                                                 Eligible*

DD 217 Certificate of Service (Reserve)                                                                             Eligible*

DD 156A Honorable Discharge Armed Forces USA (Reserve) (Unless active duty)            Ineligible

*Honorable service during periods of eligibility.

Vietnam War

The 48th National Convention of The American Legion, August 30-September 1, 1966, Washington

D.C., and the 56th National Convention of The American Legion, August 20-22, 1974, and the 59th National Convention of The American Legion, August 23-25, 1977, authorized the amendment of the National Charter to include the eligibility dates covering the Vietnam War (August 5, 1964, to May 7, 1975), and Public Law 89-550, approved September 1, 1966, and Public Law 93-557, approved December 27, 1974, and Public Law 95-346, approved August 18, 1978, effected the change.

During the 61st National Convention in Houston, Texas (August 21-23, 1979), the convention passed a resolution to amend the Vietnam War dates to begin on December 22, 1961, pursuant to Congressional approval.

On December 21, 1979, President Carter signed into law S-1874.  This became Public Law 96-155, which changes American Legion eligibility for the Vietnam War to be December 22, 1961-May 7, 1975.

The National Charter of The American Legion was amended by the delegates at the 79th National Convention, September 2-4, 1997, Orlando, Florida.  This amendment requested a change to the beginning eligibility date for American Legion membership for the Vietnam War period to February 28, 1961.  In late-November, 1997, United States Congressional approval through Public Law 105-110 effected this change.

Status of Those in Service Defined

With the establishment of a terminal date for Vietnam War service, eligibility for American Legion membership is extended to the individual who served on active duty during the Vietnam War (February 28, 1961, to May 7, 1975), and remained on active duty after the terminal date. (See Article IV, Section 1, National Constitution:  “...or continued honorably after any of said periods...”)

Active Duty for Training Defined (ACDUTRA)

 The situation regarding personnel who enter “active duty for training” – the so-called “six month enlistees” – is outlined in a letter addressed to National judge Advocate B. G. Davis by A. S. Sadove, Colonel, USA, Commanding, U.S. U. S. Army Reserve Components Personnel Center, Fort Benjamin Harrison, Indiana, dated November 14, 1966:

• “At the present time individuals with no prior service may be enlisted to fill unit vacancies in the United States Reserve.  These enlistments are accomplished under the Reserve Enlistment Program announced in 1963 (Public Law 88-110).  The enlistment must be for a period of six years.  Reservists enlisted under this program are required to perform an initial period of active duty for training with the active U. S. Army during which time they receive basic combat training and occupational specialty training… commonly referred to as ACDUTRA.  As a minimum, each Reservist must perform at least four months on active duty for training.  The maximum period of active duty for training depends upon the time required to fully qualify the Reservist to perform the occupational specialty and may exceed six months.  The period during which a Reservist performs active duty for training is creditable as active Federal service in the same manner as for other soldiers…”

• The matter of the eligibility for American Legion membership of the individual who has completed a period of “active duty for training” and been issued a Form DD214 to show honorable separation from service revolves around the question of whether the “active duty,” as used in Section 1 of Article IV of the National Constitution of The American Legion, included “active duty for training.”  Title 10, United States Code Annotated Section 101, Subparagraph (22) states:

• “‘Active duty’ means full-time duty in the active military service of the United States.  It includes…full-time training duty…(In clause (22), the definition of ‘active duty’ is based on the definition of “active duty for Federal service’ in the source statute, since it is believed to be closer to general usage than in the definition in 50 U.S.CA. 901(b).”

• The then National Adjutant of The American Legion in a general information memorandum dated September 9, 1966, explaining the eligibility changes resulting from the action of the 48^th National Convention, stated:

• “Upon the conclusion of the period of training, the six-month enlistees are normally transferred to the Active Reserve and at that time will normally receive a Form DD214 (Report of Separation from the U. S. Army of the United States).  This form if showing the termination of any period of honorable service on or after August 5, 1964 (now February 28, 1961), may be accepted as evidence of eligibility for membership.”

• The weight of evidence indicates that, for purposes of eligibility for membership in The American Legion, the term “active duty” as used in the National Constitution of The American Legion, includes “active duty for training” as performed under Public Law 88-110, and in each case referred to National Judge Advocate B. G. Davis, the September 9, 1966, announcement by the National Adjutant has been found valid.

Two-week National Guard Training

 Training periods in the National Guard – usually of two weeks duration – or other periods of service with the National Guard do not meet eligibility requirements unless the Guard unit was federalized and the individual’s separation papers record a period of active duty in the military forces of the United States.

Lebanon and Grenada

The 72nd National Convention of The American Legion, August 28-30, 1990, Indianapolis, Indiana, authorized amendment of the National Charter to include the eligibility dates covering the United States operations in Lebanon (August 24, 1982, to July 31, 1984) and Public Law 101-478, approved October 30, 1990, effected the change.  This time period included operations in Grenada.

Panama

The 72nd National Convention of The American Legion, August 28-30, 1990, Indianapolis, Indiana, authorized amendment of the National Charter to include the eligibility dates covering the United States operations in Panama (December 20, 1989, through January 31, 1990) and Public Law 101-478, approved October 30, 1990, effected the change.

Gulf War

The 73rd National Convention of The American Legion, September 3-5, 1991, Phoenix, Arizona, authorized amendment of the National Charter to include the eligibility dates covering Persian Gulf Operations and Public Law 102-179, approved December 3, 1991, effected the change.  The time period for Persian Gulf operations, as stated in the National Constitution, is “August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States.”  When the date of cessation of hostilities is determined by the United States Government, The American Legion expects to be informed and will transmit the information.

Place of Service Not a Consideration

As in the past, place of service is not a consideration in the determination of eligibility.  Although reference is frequently made to the Vietnam veteran, service in Vietnam is not a requirement of membership.

Active Duty Is Required

Since the language used in changing the Legion’s Charter and National Constitution was exactly the same as used in the past, the basic requirement as a condition of eligibility has not changed in any respect since WWI—active duty in the military forces during a defined period of hostilities.  This requirement was stated succinctly by then National Judge Advocate R. A. Adams in a letter dated March 20, 1925;

“...service is the test, subject to the fact that the ex-serviceman was not dishonorably discharged.”

This statement was made in connection with a ruling made by the Judge Advocate at that time that those enrolled in the United States Military Academies during World War I were eligible for American Legion membership without regard to whether any other service was performed, or even whether the individual completed training at the Academy.  In the specific case in which this ruling was made, the individual had terminated training at the Military Academy by a letter of resignation.  The Judge Advocate’s decision at that time was supported by a statement made by the Judge Advocate General of the U. S. Army three years earlier that “service at the military academy is service in the U. S. Army.”  The Judge Advocate General of the U. S. Army had cited as his authority the case of U.S. vs. Morton, 112 U.S. 1. Thus, from the very beginning of The American Legion, the test of eligibility has been whether the individual was actually in military service on active duty during defined periods and whether that service was either terminated honorably or continued after the period of hostilities had ended.

Length of Service Not a Requirement

There is no requirement as to length of service.  National Judge Advocate B. G. Davis, in a letter dated October 26, 1966, wrote:

• “...there is no limitation placed on the length of the individual’s service.  If the individual served one day on active duty as a member of the Armed Forces on or after August 5, 1964 (now February 28, 1961), and has received an Honorable Discharge or separation; or served on active duty as a member of the Armed Forces during any of the delimiting periods set forth in Article IV, Section 1 of the National Constitution, and is still on active duty, he is eligible for membership in The American Legion.”

• A minimum of 90 days’ service is necessary to qualify for some veterans’ benefits, and 181 days for others.  However, eligibility for veterans’ benefits is not a criterion of eligibility for American Legion membership.

National Guard & Reserve Eligibility

The National Guard and Reserves are required to meet the same eligibility requirements as the full time federal active veterans.  To be eligible, the National Guardsman/Reservist must have served at least one day on federal active duty during any of the delimiting periods set forth in Article IV, Section 1 of the National Constitution, and either have an honorable discharge or currently be serving either in the Guard/Reserve or on federal active duty.

The key to determining if a Guardsman/Reservist has been on or currently serving on federal active duty is the “Authority Line” on the activation orders of the Guardsman/Reservist.  In both cases “Title 10, Subsection 672 or 12301” are orders from the Secretary of Defense and are federal orders.

The authority the Governor uses to activate the National Guard as an individual or unit is “Title 32” orders, i.e. Weekend Drills and Annual Training.  These are not federal orders.  The Reserves have similar reserve orders which are “Title 10, Subsection 270.”  This authority code gives the reserve component the authority to activate the reserves for Weekend Drills and Annual Training.

Use the chart below when determining eligibility for National Guard and Reserves.

     ELIGIBLE    NON-ELIGIBLE

 National Guard  Title 10 Subsection 672      Title 32 or 12301*

 Reserves   Title 10 Subsection 672  Title 10 Subsection 270 or 12301*

This information was taken from Military Law Chapter 39.

*This Subsection was created following Desert Storm to replace 672.

Note:  A DD-214 will be issued for the time on federal active duty or a DA-1059 for a completion of a school will be issued with a character type of discharge.  All Reserve components send their service members to “Basic Training” using Title 10, Subsection 672/12301 orders.

Clemency Discharges

In response to a recommendation submitted by the 1974 National Conference of Department Commanders and Adjutants, National Judge Advocate B. G. Davis issued the following opinion:

• “After having reviewed the Proclamation of the President of the United States released on September 16, 1974, it is my opinion that a clemency discharge will not satisfy the eligibility criteria for membership in The American Legion.  Article IV, Section 1, of the National Constitution requires that the individual seeking membership in The American Legion must, inter alia, have an honorable discharge or honorable separation from military service or his service must have continued honorably after any of the delimiting periods set forth in the above cited article and section.  A clemency discharge does not meet this criteria.”

Temporary Duty

During the Vietnam War, it was the practice of the Air Force to call members of the Air National Guard to duty for temporary periods, frequently for no more than 10 days.  The call is made with the consent of the individual and of the Governor of the state concerned.  The duty usually involves flying Air Force cargo from the United States to Southeast Asia.  Correspondence with the Chief of the National Guard Bureau, Washington, D.C., has established that duty of the type outlined herein is included in the term of “active duty,” in the sense that it is full-time duty in the active military service of the United States.  Upon the completion of such duty, as evidence by the issuance of a Form DD-214 or other evidence of honorable separation, the individual is eligible for membership in The American Legion, provided, of course, that any part of the duty occurred between February 28, 1961, and May 7, 1975.

Discharge Data

(Vietnam War) and (Later Periods)

  FORMS             U. S. Army, NAVY, AIR FORCE, COAST GUARD, and MARINE CORPS

Honorable DD256(A) or (AF) or (CG) or (MC) or (N) (White)                                          Eligible *

               Reg. & Res.

(UHC) (under Honorable conditions) DD257(A) or (AF) or (CG) or (MC) or (N) (White)  Eligible*

(UTH) (under other than Honorableconditions)
 DD258(A) or (AF) or (CG) or (MC) or (N) (White)                                                           Not Elig.*

Bad Conduct DD259(A) or (AF) or (CG) or (MC) or (N) (Yellow)                                     Not Elig.*

Dishonorable DD260(A) or (AF) or (CG) or (MC) or (N) (Yellow)                                     Not Elig.*

Certificate of  Service DD217(AF)                                                                                       Eligible

(REPORT OF  DD214   (A) or (AF) (MC) or (N)                                                               Eligible

TRANSFER OR DISCHARGE

ARMED FORCES OF THE UNITED STATES (if released to a civilian status, although still in the reserves)

*Honorable service during periods of eligibility.

U.S. Military, Naval, Air Force or Coast Guard Academies

B. G. Davis, National Judge Advocate, ruled on March 6, 1978, that “Cadets who served at the U.S. Military, Naval, Air Force or Coast Guard Academies during any of the delimiting periods set forth under Article IV, Section 1 of the National Constitution and whose service has been honorably terminated those individuals are eligible for membership in The American Legion.”  Chapter 1, Section 101 (21) Title 38, United States Code provides as follows:  The term “active duty” means service as a cadet at the U.S. Military, Air Force or Coast Guard Academies or as a Midshipman at the U.S. Naval Academy.

Eligibility Matters Not Covered

Questions of eligibility not covered in the foregoing should be referred by Post Commanders to the Department Adjutant or the Department Judge Advocate.  Should the Department Adjutant or the Department Judge Advocate be in doubt, an opinion and ruling may be requested from the National Judge Advocate.

Discharges Are Not Infallible

Discharges are not infallible as a test for membership, for many discharges were erroneously issued, and if clearly so, may be corrected on application to the appropriate Department in Washington. 

If the discharge has been lost, an abstract of service may be procured from the appropriate Department.

Reconnect

    Reconnecting America with her military was the driving force behind the Department of Defense establishing a Reconnect program several years ago.  There was a perception America had lost touch with her fighting force of men and women.  The American Legion was tasked with leading the way in rekindling that relationship.

    Reconnect events can take many forms.  Visiting Active Duty installations are the largest events, but simply visiting a local recruiting office, National Guard/Reserve unit, local military entrance processing station, or even a welcome home event, serves to reconnect local communities with their military.

    The “Reconnect” program has been a great success in many Departments.  Relationships are being formulated with many Active Duty, National Guard, and Reserve units.  Visits and activities are continuing to flourish on active duty installations and with every conceivable portion of the total force.  Local recruiting stations are still a viable source to get involved.

    It is important to note that the Department of Defense has reconstituted the old “Reconnect” program and are now calling it “Operation Tribute to Freedom”.  Information about the program can be found at their web site: http://www.defendamerica.mil/support_troops.html.

    The American Legion has signed a Memorandum of Understanding with the United States Military Entrance Processing Command (USMEPCOM).  This will help to establish contact with the 62 Military Entrance Processing Stations around the country.  A list of MEP stations, and a copy of this memorandum can be requested through the Department from the National Internal Affairs & Membership Division.

    A Memorandum of Understanding with the United States U. S. Army Recruiting Command (USAREC) has now been in effect for several years.  This memorandum informs all levels of USAREC and The American Legion about our partnership and details ways we can assist.  A list of U. S. Army Recruiting Commands and stations, and a copy of this memorandum can be requested through the Department from the National Internal Affairs & Membership Division. 

    Lists of Active Duty installations, National Guard Headquarters and some Reserve Commands, and Marine for Life Hometown Links are also available.

    If Posts wish to get involved with the "Reconnect" Program, and/or need assistance, contact the Department. 

Reconnecting can have positive results - Service first, Membership second.

1and1.com Affiliate

Proud Supporter of Girls Health