dures to monitor the effectiveness of program implementation.

(a) Reporting data shall be maintained at a single headquarters in each Service. Information will include as minimum management data such items as the number of personnel eligible for Transition, the number counseled, the number who completed education courses, the number who completed training, the number given placement assistance, the number who obtained employment, and other data needed to comply with the requirements of the Office of Management and Budget Circular A-11.

(b) Each of the Military Services shall institute regular reporting procedures and shall establish a system of continuing regular surveys of Transition and Referral effectiveness. Evaluation visits to installations shall be made periodically by representatives of a higher headquarters during each year.

(c) Quarterly and annual reports shall be forwarded to Assistant Secretary of Defense (M&RA) as outlined in format attached.1

(1) The Quarterly Transition Accomplishment Report has been assigned Report Control Symbol DD-M(Q) 1102.

(2) The Annual Report on Characteristics of Separating Enlisted Personnel has been assigned Report Control Symbol DD-M(A) 1103.

PART 100-UNSATISFACTORY PERFORMANCE OF READY RESERVE OBLIGATION Sec.

100.1 Purpose and applicability.

regularly participate in drills and annual active duty for training or annual field training in the case of the National Guard, or (ii) are on initial active duty for training; or (2) individuals who participate in regular drills and annual active duty for training on the same basis as members of reserve units. Excluded from the Selected Reserve are reservists who only participate in annual active duty for training but are not paid for attendance at regular drills (pay categories D and E), reservists enrolled in ROTC training, members of the individual Ready Reserve pool, and reservists on extended active duty. (See Part 102 and 10 U.S.C. 268(b).)

(b) “Unsatisfactory participation” by a member of the Ready Reserve consists of failure to fulfill individual obligation or agreement to be a member of a unit of the Ready Reserve as described in 10 U.S.C. 268 (b); or failure to meet the standards as prescribed by the Military Departments concerned for attendance at training drills, attendance at active duty for training, for training advancement, or for performance of duty.

(c) "Reasonable commuting distance" for purposes of the application of the policy set forth in § 100.3 (c) (2), is defined as the maximum distance a member of a Reserve component can be expected to travel involuntarily between residence and drill training site, and is further defined as:

(1) Any distance within a 100-mile radius of the drill site, but not exceeding that which can be traveled by automobile under average conditions of traffic, weather, and roads within a period of 3 hours, for those units that exclusively conduct four drills on 2 consecutive days during the training year, and only if Government meals and quarters are provided at the base where drills are conducted. (The provisions of this subparagraph shall apply only to those individuals enlisting, reenlisting, or extending their enlistments after the effective date of this part.)

(2) Any distance within a 50-mile radius of the drill site, but not exceeding that which can be traveled by automobile under average conditions of traffic, weather, and roads within a period of 12 hours, for all other units. § 100.3

Policies and responsibilities.

(a) Satisfactory participation in the Ready Reserve. (1) Personnel without

prior military service who enlist or have enlisted in one of the Reserve components under the provisions of 10 U.S.C. 511, 32 U.S.C. 302, or section 262, Reserve Forces Act of 1955, as amended, are expected to participate and perform satisfactorily as a member of the Ready Reserve in fulfillment of their obligation and/or agreement and in accordance with the standards prescribed in Parts 101 and 102 of this subchapter and by the Military Department concerned.

(2) It is the responsibility of the Secretaries of the Military Departments concerned to insure to the maximum extent practicable that applicants for enlistment in the Reserve components understand prior to their enlistment the obligations and requirements as members of the Ready Reserve for satisfactory participation, and for active service in the event of mobilization.

(b) Compliance measures for unsatisfactory participation. (1) Members of the Ready Reserve who (i) fail, or are unable, to participate satisfactorily in units of the Ready Reserve, (ii) have not fulfilled their statutory reserve obligation, and (iii) have not served, on active duty or active duty for training for a total of 24 months will be ordered to active duty under the provisions of 10 U.S.C. 673a and Executive Order 11366.

(2) A member of the Ready Reserve ordered to active duty under these provisions may be required to serve on active duty until his total service on active duty or active duty for training equals 24 months.

(3) Where the enlistment or period of military service of a member of the Ready Reserve ordered to active duty under the provisions of 10 U.S.C. 673a and Executive Order 11366 expires before he has served the prescribed period of active duty, the enlistment or period of military service may be extended until his obligated active duty service has been completed.

(4) Orders will be mailed to a reservist when he is in an unsatisfactory participation status, if the reservist is not locatable by the usual personal visit or when attending scheduled drills.

(i) Orders mailed to a reservist will be sent via certified or registered mail. The individual who mails the orders will prepare a Sworn Affidavit of Service by Mail (see attached format1) which will be im

1 Filed as part of the original.

mediately inserted in the reservist's personnel file along with the receipt for registered or certified mail.

(ii) Notification shall be fully and sufficiently accomplished through the mailing of the orders to the reservist concerned at the mailing address which the records (of the activity mailing the orders) indicate to be the most recent one furnished by that individual as an address at or from which official mail will be received by or forwarded to him. Absence of indication of delivery, or return as undeliverable, of orders addressed as above is immaterial as respects its efficacy as notice to or notification of the reservist concerned.

(iii) If, on the appointed date, the individual does not report to the command to which he has been ordered, he will then become an "unauthorized absentee" and the normal procedures for handling unauthorized absences should be followed. As an alternative, if such action is not considered feasible, he may be certified to Selective Service for priority induction as provided by paragraph (d) (2) of this section.

(5) It is the responsibility of each member of the Ready Reserve to assure that all organizational records pertaining to him reflect an accurate and current mailing address where he can be reached.

(c) Exceptions. As exceptions to the policies in paragraph (b) of this section, individuals who do not, or are unable to, participate satisfactorily in units of the Selected Reserve for any of the following reasons will be processed as indicated:

(1) Except as provided in paragraph (c) (3) and (4) of this section, individuals eligible for discharge from the Reserve components for dependency, hardship, or other cogent reasons authorized by regulations of the Military Department concerned will, upon application, be discharged.

(2) Individuals unable to participate in a unit of the Selected Reserve by reason of action taken by the Military Department concerned (e.g., unit inactivation or relocation), to the effect that they reside beyond a reasonable commuting distance as defined in § 100.2(c) of a Reserve unit, will be assigned to the Individual Ready Reserve until they are able to rejoin or be assigned to another Reserve unit, or become eligible for transfer to the Standby Reserve or discharge upon completion of their obligation.

However, such individuals are still subject to involuntary order to active duty in the event:

(i) of any mobilization, if they qualify under the statutory provisions of the involuntary order to active duty;

(ii) They fail to satisfactorily participate in any annual active duty for training periods (15 to 30 days each year) when so ordered.

(3) An individual whose involuntary order to active duty would result in extreme community or personal hardship may, upon request, be transferred to the Standby Reserve or discharged in accordance with Part 125 of this subchapter.

(4) Individuals who are preparing for or are engaged in critical civilian occupations will be screened in accordance with Part 125 of this subchapter.

(5) Individuals who have served on active duty for a total of not less than 20 months and who cannot be effectively employed or utilized in active service in the short time remaining if ordered to active duty under the provisions of 10 U.S.C. 673a will, as considered appropriate by the Military Department concerned:

(i) Be assigned to the Individual Ready Reserve, or

(ii) Be ordered to active duty for training for not more than 45 days in any year of unsatisfactory service in accordance with 10 U.S.C. 270.

(6) Individuals whose remaining period of statutory reserve obligation is less than 3 months may be ordered to active duty for training for not more than 45 days in accordance with 10 U.S.C. 270 if the remaining time is not adequate for administratively effecting their assignment to active duty pursuant to 10 U.S.C. 673a, or be discharged as considered appropriate. An individual whose period of statutory Reserve obligation is 3 months or more when he is recommended for assignment to active duty for unsatisfactory participation will be assigned to active duty in accordance with 10 U.S.C. 673a.

(7) Individuals who incur a bona fide, temporary, nonmilitary obligation requiring overseas residency outside the United States, or incur a religious missionary obligation will be processed in accordance with Part 103.

(8) Individuals who change their residences within the United States, its pos

sessions, and the Commonwealth of Puerto Rico:

(i) If such individuals lose their unit positions because of the voluntary change of residence, they will (a) be transferred to another paid drill unit within the same Reserve component whenever practicable; or (b) depending upon the circumstances, be given a period of up to 60 days after departing from their original unit to locate and join another Reserve component unit where they will fill an existing vacancy, or be assigned as overstrength pursuant to paragraph (c)(8) (iv) of this section.

(ii) If such individuals locate position vacancies which require different specialties than the ones they now possess, the Secretary of the Military Department concerned may provide for the retraining of these individuals (with their consent) by ordering them to active duty for training in a new specialty.

(iii) Reservists who effect a voluntary change of residence must be accepted in a Reserve unit by their parent Military Department regardless of vacancies, subject to determinations outlined in paragraph (c) (8) (iii) (a), (b), and (c) of this section. Additionally, transfers between Reserve components are authorized under the provisions of Part 123 of this subchapter.

(a) The move is essential because of business or other cogent reasons.

(b) The losing unit certifies in writing that the reservist's performance of service has been satisfactory.

(c) The reservist's specialty is usable in the unit or that he can be retrained by on-the-job training or is willing to be retrained as outlined in paragraph (c) (8) (ii) of this section.

(iv) In carrying out the provisions of paragraph (c) (8) (iii) of this section, the authorized "paid drill strength" for Selected Reserves may be exceeded by 3 percent in order to absorb these reservists and to compensate for administrative delays encountered during recruiting and separation processing.

(1) The Military Departments shall manage this program closely to assure that overstrength enlistment is not automatic, e.g., if a reservist moves to a locality where there are two or more reserve units, he should not be assigned to the nearest unit if the more distant unit has a vacancy or a lesser degree of overstrength.

(2) The provisions of paragraph (c) (8) (iv) of this section should tend to bring drill pay attendance closer to 100 percent of authorized paid drill strength.

(v) If members of the Selected Reserve (paragraph (c) (8) (i) of this section) fail to join another unit within a period of 60 days, they will be ordered to active duty in accordance with paragraph (b) of this section, unless they are considered eligible to be handled as "exceptions" under policies outlined under paragraph (c) (1) through (7) of this section.

(9) Individuals who change residence outside the United States, its possessions and the Commonwealth of Puerto Rico

(i) Regardless of physical location, are subject to the provisions of (c) (8) of this section.

(1) Will be directed to notify their units if they plan to leave the areas listed in paragraph (c) (8) of this section, and will be counseled by their unit commander as to the consequences.

(d) Other compliance measures. (1) Except as provided in paragraph (c) of this section, the active-duty-for training for 45 days measure authorized by 10 U.S.C. 270 will be used primarily for members of the Ready Reserve who do not participate satisfactorily and who have completed 24 months of active duty.

(2) Priority for induction under the provisions of section 6(c) (2) (D), of the Military Selective Service Act of 1967 will be invoked only in cases of nonlocatable members.

(3) Members having no statutory reserve obligation and who do not perform satisfactorily as members of the Ready Reserve will be discharged, or if eligible, upon their request, transferred to the Standby Reserve or Retired Reserve.

(e) Delay from involuntary order to active duty. (1) Individuals who become subject to being ordered to active duty under this Directive may be delayed, as prescribed by the Secretary of the Military Department concerned, from active duty for the purposes of taking State or Federal examinations, seasonal employment, and for similar cogent reasons. Upon termination of such delays, reserv1sts will be ordered to active duty.

(2) Those members whose orders to active duty have been delayed for reasons other than willful unsatisfactory participation and who join a unit during the period of delay will not be ordered to active duty.

AUTHORITY: The provisions of this Part 101 issued under title 10, U.S.C., section 270. § 101.1 Purpose and applicability.

This part sets forth guidance to the Secretaries of the military departments in establishing criteria and training requirements for "satisfactory participation" by members of reserve components of the Armed Forces, in compliance with title 10, U.S.C., section 270 (a), (b), and (c) and title 32, U.S.C., section 502(a), and establishes uniform DoD policy for training members of the Reserve forces who may be temporarily residing in sovereign foreign nations.

[36 F.R. 22235, Nov. 23, 1971]

(a) Reserve participation-(1) Training requirements under section 270(a), title 10, U.S.C. (i) Each individual inducted, enlisted, or appointed in any Armed Force after August 9, 1955, who becomes a member of the Ready Reserve (by other means than through membership in the Army National Guard of the United States or of the Air National Guard of the United States (see subparagraph (2) of this paragraph)) is required during his statutory period in the Ready Reserve to participate or serve as follows. Except as provided in Part 102 of this subchapter, he must participate or

serve:

(a) In at least forty-eight (48) scheduled drills or training periods and not less than fourteen (14) days (exclusive of traveltime) of active duty for training during each year; or

(b) On active duty for training for not more than thirty (30) days each year unless otherwise specifically prescribed by the Secretary of Defense.

(ii) The provisions of subdivision (1), of this subparagraph, do not apply to graduates of the Federal and State maritime academies who are commissioned in the Naval Reserve.

(2) Training requirements under section 502(a), title 32, U.S.C. Apply to the Secretaries of the Army and Air Force only. Members of the Army and Air National Guard will be required to:

(1) Assemble for drill and instructions at least forty-eight (48) times a year, and

(ii) Participate in training at encampments, maneuvers, or other exercises at least fifteen (15) days a year, unless excused by the Secretaries of the Army or Air Force, as appropriate.

(3) Active duty. Enlisted individuals who have served 2 years on active duty or who, under the policy and regulations of the service concerned, were credited with having served the 2-year active duty requirement of 10 U.S.C. 511(b) will not be required to perform duty as described in subparagraph (1) (i) (a) and (b), of this paragraph, unless they enlisted under the provisions of 10 U.S.C. 511 (b) or (d), and they incur an obligation to participate in the Ready Reserve in an active training status during their statutory period of service in the Ready Reserve, or, unless after diligent recruiting effort, it is determined by a Secretary or his designee that a vacancy in the Selected Reserve cannot be otherwise filled.

(4) Active duty served in a combat zone. (1) Except as specified in subdivision (ii) of this subparagraph, enlisted individuals who (a) have served on active duty in a combat zone for hostile fire pay (or other areas as prescribed by the Secretary of Defense) for a total of thirty (30) days or more, or (b) are wounded while on active duty in hostile fire areas, will not be required to perform duty involuntarily (as described in subparagraphs (1) (1) (a) and (2) of this paragraph. However, those same individuals may be required to participate or serve on active duty for training for not more than thirty (30) days each year, unless otherwise specifically prescribed by the Secretary of Defense.

(ii) Individuals, who enlisted under the provisions of 10 U.S.C., section 511 (b) or (d) and serve on active duty as described in subdivision (i) of this sub

paragraph, are obligated to participate in the Ready Reserve in an active training status during the statutory period of service in the Ready Reserve.

(5) Notwithstanding the exclusion of the individual, enlisted under the provisions of section 511 (b) or (d), title 10, United States Code, from the policies set set forth in subparagraphs (3) and (4) of this paragraph, the Secretaries of the military departments may, with the approval of the Secretary of Defense, establish criteria which may excuse certain enlistees from performing the duty described in subparagraph (1) of this paragraph, depending upon the particular needs of the military department.

(b) Criteria for satisfactory performance. Within the general policy outlined in paragraph (a) of this section, the minimum number of drills and minimum amount of annual training prescribed by the Secretaries of the military departments concerned will be no less than the training required to maintain the proficiency of the unit and the skill of the individual. In establishing annual training requirements under this policy, the Secretaries:

(1) May grant exceptions under circircumstances outlined below for individuals who are subject to the training requirements outlined in paragraphs (a) (1) and (2) of this section.

(1) To the degree that it is consistent with military requirements, the personal circumstances of an individual may be considered in assigning him to a training category prescribed in Part 102 of this subchapter except as otherwise provided by Part 100 of this subchapter.

(ii) Individuals who have performed a minimum initial tour of extended active duty, as prescribed by the respective Departments may be placed in category I (no training) as defined in Part 102 of this subchapter when the Secretary of the Department concerned determines that no training for mobilization requirement exists because of (a) changes in military skills required, (b) the degree of military skill held by the individual, or (c) compatibility of the individual's civilian occupation with his military skill.

(iii) While individuals are undergoing training under the provisions of paragraphs (1) and (2), section 6(d) of the Military Selective Service Act of 1967, they will not be required to enage in any other training program.