Foreign Relations of the United States, 1964–1968, Volume III, Vietnam, June–December 1965

80. Memorandum From the Assistant Director of the Bureau of the Budget (Rowen) to the President’s Special Assistant for National Security Affairs (Bundy)¹

Washington, July 22, 1965.

SUBJECT

• Alternative methods of call-up of Reserve forces

Legally the Reserves may be called up either by Executive Order or through legislative action. Regarding Executive Order action, 10 U.S.C. 673 authorizes the calling up of up to one million Reserves. However, the President must first declare a new national emergency. 10 U.S.C. 673 does not permit the extension of enlistments except for the Navy and Marine Corps.

The Reserves may also be called up by the Service Secretaries “in time of war or of national emergency declared by Congress, or when otherwise authorized by law …” (10 U.S.C. 672). This was the route used in 1961 during the Berlin crisis when Congress passed a Joint Resolution authorizing the President to “order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve of an Armed Force to active duty for not more than twelve consecutive months.” This law also limited the number of Ready Reservists on active duty (other than for training) without their consent under this section at any one time. The law also authorized the involuntary extension of enlistments or other obligated service for not more than twelve months. The Resolution was followed by an Executive Order² delegating to the Secretary of Defense and the Secretaries of the military departments the authority conferred by the Joint Resolution.

This method of calling up Reserves seems far and away the best. It assures Congressional participation and support and avoids the problems involved in declaring a new national emergency.

Finally, in light of experience we should think about including limitations on the maximum number of Reservists to be called up and the duration of active service under a Congressional Joint Resolution.

Harry

1. Source: Johnson Library, National Security File, Memos to the President, McGeorge Bundy, Vol. XII. No classification marking. McGeorge Bundy forwarded this memorandum to President Johnson at 7:45 p.m. on July 22, noting in his covering memorandum that it was the “quick and dirty report” on calling up the reserves that he had mentioned on the telephone.
2. Executive Order 10957, August 10, 1961.