File #703: "WWII Office of Civilian Defense Civil Air Patrol GM-115.pdf"

WWII Office of Civilian Defense Civil Air Patrol GM-115.pdf

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NATIONAL EEADQUARTERS
C I V I L A I H PAT R O L

500 ?IFTH AVENUE

NEW

YORK

18,

K , Y.

& M - 11 5

2 9 Te l D r u a r y 1 9 4 4

S U B J E C T; S t a t u s o f M e m b e r s o f C i v i l A i r P a t r o l .
TO:

CAP

Unit

Commanders.

1. Numerous inquiries '^een received from CAP n^mters, par

ticularly those v/ho have laefen assigned to active duty, as^ the exact

nature of their relationshiA to the Federal Government

2. For the information'of fhe membership, your attention is

called to an opinion rendered by The Jud^^e Advocate General
(SPJGA 1943/15531) to the effect that members of Civil Air Patrol arg.
civilian volunteers and not emuloyees of the Federal Governments and
that their status as civilian volunteers does not change while they are
o n a c t i v e d u t y.

3. V/here CAP personnel are performing active duty operations for
the War Department at various CAP or Army Bases, the Judge Advocate
General has expressed the opinion that they "are accompanying or serving
with the Army of the United States in the field and that under the pro

visions of Article of War 2 (d) they are amenable to military discipline

and subject to the jurisdiction of military courts" (see SPJGW 373.1).
F u r t h e r, i t h a s b e e n h e l d t h a t p e r s o n n e l o n s u c h a c t i v e d u t y a s s i g n m e n t s
have the status of non-combatant volunteers, and in view of the uniform

worn by them, the oath which they take, and the manner in which their

operations are conducted, they may be classed as "lawful belligerents"

and entitled by the Annex to Hague Convention No. IV, dated 18 October

1907, to be .treated as prisoners of war in the event of their capture by
the enemy (JAG 383.6).
By direction of National Commander JOHNSON:

HENRY A. HAWGOOD

Captain, Air Corps
Special Assistant