“ On April 10, 1968, the President deligated to the Secretary of Defense power to activate units of the Ready Reserve. [1] On the following day, after receiving a similar delegation of authority to activate such units from the Secretary of Defense, [2] the Secretary of the Army called several units of the Ready Reserves and their members to active duty. [3] Applicants, who are members of those units, are challenging that call to active duty on the ground that it exceeds the authority of the Secretary of the Army, and is a violation of their enlistment contracts. ”

“ To uphold the Secretary's order would seem to discriminate against these applicants called to active duty as part of units under § 101 (e) in favor of those reservists called to active duty as individuals under § 101 (a) and (b) , by withholding from the former credit which is concededly accorded the latter. [10]
Congress authorized the President to recall the Ready Reserve for two stated purposes: First, to free the President to mobilize those men without forcing him to declare a national emergency ”

“ Thus, instead of calling the above units to active duty and granting their individual members credit for time already served on active duty, he ordered the individuals themselves to active duty for 24 consecutive months, irrespective of any time they may have already served on active duty. ”

“ In doing so, he seems to have gone beyond the above language of delegation which referred exclusively to units. Moreover, he seems to have violated the organic language of Pub.L. 89-687, Title I, § 101 (c) , October 15, 1966, 80 Stat. ”