reasons are not required to be members of the Corps of Cadets. These institutions will receive, for such students, only the standard commutation rate.

§ 110.3

Subsistence allowance and commutation rates.

Rates for subsistence allowance and commutation in lieu of uniforms are established as indicated below.

(a) Subsistence allowances. Except when on summer field training or prac-. tice cruises, the subsistence allowance for each enrolled member of the advanced training program in the Senior ROTC is established as $50 per month effective July 1, 1967.

(1) Nonscholarship cadets shall not receive such allowance for more than twenty (20) months.

(2) Except when on summer field training or practice cruises, a rate of $50 per month for a period not to exceed 4 years, is established for a cadet or midshipman appointed under the financial assistance program for specially selected members, under the provisions of section 2107, chapter 103 of title 10, U.S.C.

(b) Uniforms. This paragraph prescribes policies and procedures governing the payment of monetary allowances to educational institutions maintaining Senior ROTC activities which elect to receive commutation in lieu of the issue in kind of Government uniform. Commutation in lieu of uniforms is provided for the procurement, receipt, storage, maintenance and issue of uniforms and will not be used for other purposes.

(1) Rates of commutation of uniforms are announced at § 110.5. Rates are based on climatic zones and level of ROTC instruction being undertaken.

(1) Standard rates announced for the Basic Course (first 2 years) of the Senior ROTC are payable in the indicated amount on an annual basis for not to exceed 2 years at Class CC institutions. Special rates for the Basic Course at Class MC or CC institutions fulfilling the requirements of § 110.2(b) are double the standard amounts.

(11) Standard rates indicated for the Advanced Course cover the 2-year period that each member is enrolled in advanced training in the Senior ROTC at Class CC institutions and in MST 5 and 6 courses in a Class MJC institution. Commutation of summer camp uniforms, if paid, is in addition to payments for the Advanced Course. Special rates for the Advanced

Course at Class MC or CC institutions fulfilling requirements of § 110.2(b) are double the standard amounts, except for commutation of summer camp uniforms.

(2) Commutation of uniform funds may be expended to support only the following activities:

(1) Procurement and related expenses for standard uniform items in quantities as prescribed by the Secretary of the Military Department concerned or distinctive uniforms and insignia as prescribed by those institutions which meet the requirements of § 110.2(b).

(ii) Administration and maintenance of the uniform which is defined as laundry, dry cleaning, renovation, alterations, sizing, and custodial fees. Such custodial fees shall not exceed 20 percent of the commutation funds drawn against actual enrollments for the preceding year.

(ii) Procurement of distinctive uniform items which are authorized for wear with the regulation student uniform.

(iv) Purchasing of hazard insurance to protect uniform inventory against loss. (3) Unexpended commutation of uniform funds will be disposed of as follows:

(1) The amount of unexpended uniform commutation funds which may be retained from 1 fiscal year to the next for continued financing of the uniform program will be computed as of July 1 of each year as follows:

(a) Institutions which have accumulated $10,000 or less may retain their entire accumulation.

(b) Institutions which have accumulated more than $10,000 may retain an amount equal to 30 percent of prior year receipts or $10,000, whichever is the larger sum. Accumulated funds which exceed these limitations will be refunded to the government.

(ii) The unexpended balance is defined as the funds remaining after all commitments and/or obligations relating to the immediate past fiscal year have been deducted. Any commitments and/ or obligations relating to new year procurement, maintenance and other allowable activities may not be charged against unexpended balance.

§ 110.4 Inspection.

Inspection will be conducted to insure that only those institutions which meet the requirements of § 110.2(a) (1), are awarded or retain the Class MC classification and only those which meet the

requirements of § 110.2(b), are authorized the special rate in lieu of uniforms.

(a) At institutions having units of two or more services, a joint inspection will be held.

(b) Membership on the inspection team will be composed of equal ranks and numbers of personnel representing the services concerned; in addition to which each service will on alternate years provide a team chief.

(c) Inspections will be held within 30 days of the opening of the fall term of school.

(d) While final on-the-spot approval. authority is vested in the team, disapprovals will be subject to review and resolution or confirmation by the services concerned. The team may advise the institutional authorities of its findings at the conclusion of the inspection. In instances of disapproval the service review and final notification of the institution will be accomplished within the next thirty (30) days.

§ 110.5 Commutation rates for ROTC Cadet uniforms.

The following commutation clothing rates are prescribed effective July 1, 1966:

(a) Junior ROTC. All ROTC programs conducted at the secondary level of education are considered to be Junior ROTC.

(b) Military Junior Colleges (MJC Schools). Essentially military schools which provide high school and college instruction but do not confer baccalaureate degrees. Units established at these schools meet all other requirements of Class MC (military colleges) institutions as defined in Part 110 of this subchapter and accept and maintain a specially designated program of instruction prescribed by the appropriate Secretary for this class of institution. The secondary level of MJC schools is classified as Junior ROTC.

(c) Military Institutes (MI Schools). Essentially military schools at the secondary level of instruction which:

(1) Require a course in military training throughout 4 years of education at secondary level.

(2) Organize their military students as a Corps of Cadets under constantly maintained military discipline.

(3) Require all members of the Corps including those members enrolled in the military training to be habitually in uniform when on campus.

(4) Have as their objectives the development of the students' character by means of military training and the regulation of their conduct in accordance with the principles of military discipline; and in general meet military discipline; and in general meet military standards similar to those maintained at the Service Academies.

(d) High Schools (HS Schools). Public or private secondary educational institutions which do not fall under the definition for MJC and MI Schools.

(e) Unit. The organized group of ROTC students and faculty at one secondary school.

(f) Multiple Unit. Any group of units organized and sponsored under one school system where the Junior ROTC program is conducted concurrently in more than one school.

111.4 Policy and responsibilities.

(a) General. (1) The Junior ROTC program will be conducted at a minimum of expense to the Department of Defense. It will provide meaningful military training that will be of benefit to the student, and of value to the Departments of the Army, Navy, or Air Force.

(2) The Secretaries of the Departments of Army, Navy, and Air Force will each conduct a Junior ROTC program. Services will provide for a fair and equitable geographical distribution of their units. No school will be permitted to have an ROTC unit from more than one Service.

(3) The Secretaries of the Military Departments will prescribe the ROTC curriculum for their Junior ROTC units. The program of instruction for each of the Military Departments will be of at least 3 academic years in duration. Students will be offered one of the following alternative programs:

(1) Academic Track (College Preparatory). A minimum of a 3-year program with 96 hours per year of military in

struction offered in conjunction with academic courses leading to entrance into college. This alternative will be offered only in those schools which have a fully accredited program of academic studies, completion of which will qualify the student for entry in a college offering Senior ROTC.

(ii) Technical Track (Non-College Preparatory). A minimum of a 3-year program with 96 hours per year of military instruction coordinated with technical courses having a military application. Certain of these courses may be integrated into the required 96 hours of ROTC instruction upon approval of the Secretary of the Military Department concerned.

(4) Students presenting evidence of successful completion of either the Academic or Technical Track of Junior ROTC under any Military Department will be entitled to advanced promotion at least to the grade of E-2 upon initial enlistment in an active or reserve component of the Armed Forces. Additionally, those students presenting evidence of successful completion of a 3-year Junior ROTC program (either Track) are entitled to not less than 1 year of credit in the basic course of Senior ROTC when the student enters college.

(b) Establishment of Junior ROTC at Schools. Secondary educational institutions desiring to establish ROTC units or to continue established units will agree:

(1) To maintain an ROTC enrollment of no less than 100 physically fit male students who are at least 14 years of age and are citizens of the United States.

(2) To employ retired officers and enlisted men whose qualifications are approved by the Secretary of the Military Department concerned to administer the basic military orientation courses.

(i) Retired personnel so employed shall receive their retired or retainer pay and an additional amount equal to the difference between their retired pay and the active duty pay and allowances, excluding hazardous duty pay, which they would receive if ordered to active duty. The institution is the employing agency and shall pay the full additional amount due to the individual employed. One-half of the additional amount shall be paid to the institution by the Secretary of the Military Department concerned from funds appropriated for that purpose.

(ii) Any duties desired by the institution in addition to those connected with

ROTC instruction, and the operation and administration of the ROTC program must be separately contracted between the school and the individual ROTC instructor at no cost to the Military Department. This does not preclude ROTC instructors from serving on routine committees or performing other extra-curricular duties normally performed by other faculty members. Where an individual employed as an ROTC instructor enters into a contract with the institution to provide services which are not part of ROTC instruction, these services must be performed outside the scope of and the hours prescribed for his ROTC duties if any additional sum is paid for these services.

(iii) The institution is responsible for advising the Secretary of the Military Department concerned of any change of employment status of retired personnel employed at that institution.

(3) To provide suitable safeguards for the Government property provided. Such safeguards will include, but not be limited to, employment of clerical and maintenance personnel required to issue, account for and maintain the Government property provided; bonds and/or insurance to cover loss and damage of the property.

(4) Not to discriminate against students or instructors on the grounds of race, color, or national origin.

(5) To provide adequate facilities for classroom instruction, storage of arms and other equipment which may be furnished in support of the unit, and adequate drill areas at or in the immediate vicinity of the institution, as determined by the Secretary of the Military Department concerned.

(6) To provide the required courses of instruction and maintain the standards prescribed by the Secretary concerned.

(c) Instructors. (1) The Secretary of the Department may authorize one active duty officer, O-4 or below, and one active duty enlisted man, E-7 or below, for an assignment as instructors at each military institute or high school level of MJC schools. Additional instructors desired by military institutes and the secondary level of MJC schools will be acquired through the employment of retired personnel on the same basis as any other school conducting the Junior ROTC program. Active duty personnel assigned to military institutes and the high school level of MJC schools count against student instructor ratio as set forth below.

(2) Retired officer and noncommissioned officer instructors whose qualifications and subsequent performance of duty meet the standards prescribed by the Secretary concerned, will be authorized as follows:

(1) Single and multiple units will be authorized one retired officer instructor per 500 enrolled ROTC students or major fraction thereof and one retired enlisted instructor per 100 enrolled ROTC students or major fraction thereof.

(ii) As exceptions to the above, any school qualifying for a Junior ROTC unit will be authorized at least one officer, and where necessary the Secretary of the Military Department concerned may authorize substitution of officer for enlisted instructors, and vice versa, within the above authorizations.

(iii) Supervisory personnel for multiple units will be obtained by organizing the multiple unit in such a way that these limitations are not exceeded.

(iv) Multiple unit organization and management will be established wherever possible, thereby minimizing the number of instructors required and reducing costs to both the schools and Military Departments concerned.

(v) For fiscal year 1968 and fiscal year 1969 any additional instructors employed under § 111.4 (c) (2) (ii), above, as revised, will be financed within resources otherwise available. Beginning with fiscal year 1970 additional instructor requirements will be programed, budgeted, and financed in accordance with existing procedures.

(vi) Retired instructors are employees of the school and are responsible to school authorities for conduct of the program. They must meet Service requirements and maintain standards acceptable to the Military Department concerned. The Secretary concerned will hold the school authorities responsible for the conduct of the program as prescribed.

(d) Students. (1) Students must be male citizens at least 14 years of age who meet the physical standards prescribed by the Secretary of the Military Department concerned to enroll in the Junior ROTC.

(2) Tests and cutoff scores to qualify for the Junior ROTC training may be prescribed by the Secretary concerned.

(e) Supply and maintenance. The Secretaries of the Military Departments may authorize equipment to be issued to

a designated official of the educational institution concerned.

(1) He may authorize the issuance of any military equipment needed for the military training program prescribed by him, provided the equipment is not needed for training of the regular and reserve components of that Department.

(2) Where the Secretary concerned considers the military requirement for individuals trained in a technical skill to warrant the action, he may provide excess and surplus military equipment to schools for the particular technical training courses allied to military requirements.

(3) Spare parts, tools, cleaning materials, technical publications, and other materials deemed necessary for the maintenance of the equipment may be issued.

(4) The Secretaries concerned will authorize the issuance of necessary text materials, individual equipment, and uniforms.

(5) Transportation charges for shipment to and from the institution, including packaging and handling charges, will be paid by the Military Department concerned. All other costs incident to maintenance and local storage and safeguarding of the property will be paid by the institution.

(f) Disestablishment of Junior ROTC Programs. When a Secretary determines that a Junior ROTC unit does not meet the standards desired, school authorities concerned will be notified that the unit will be placed on a 1-year probationary status not later than the beginning of the next academic year. Disestablishment of unit will be effective at the conclusion of the probationary year provided the reason for the probationary status has not been resolved.

PART 115-ASSIGNMENT TO AND TRANSFER BETWEEN RESERVE CATEGORIES, AND DISCHARGE FROM RESERVE STATUS

Sec.

115.1 Purpose and applicability. 115.2 Original assignment to reserve status. 115.3 Transfer to the Standby Reserve. 115.4 Transfer from the Standby Reserve. 115.5 Discharge.

AUTHORITY: The provisions of this Part 115 issued under sec. 301, 80 Stat. 379; 5 U.S.C. 301, sec. 1(5) (A), 72 Stat. 1438; 10 U.S.C. 271, E.O. 11190; 3 CFR, 1964-1965 Comp. p. 272, E.O. 11382; 3 CFR, 1967 Comp. p. 327.

(a) Ready Reserve. Original membership in the Ready Reserve may be attained by:

(1) Transfer thereto under sections 269(a) and 651 of title 10, U.S.C. upon release from active duty:

(2) Appointment as a Reserve Officer and assignment to the Ready Reserve under section 6(d), The Military Selective Service Act of 1967 (50 App. U.S.C., 451 et seq.) and section 269(a) of title 10, U.S.C.;

(3) Entry (appointment or enlistment) into the Army National Guard of the United States or Air National Guard of the United States in accordance with section 269 (b) of title 10, U.S.C. as affected by sections 510, 591, 3077, 3261, 3351, 8077, 8261, and 8351 of title 10, U.S.C.;

(4) Direct entry under section 511 of title 10, U.S.C.;

(5) Direct voluntary entry (appointment or enlistment) of an individual into the Ready Reserve, other than as provided above.

(b) Standby Reserve. Direct assignment to the Standby Reserve without prior membership in the Ready Reserve may be attained in accordance with sections 269 (e) (1) and 269 (f) of title 10, U.S.C. upon release from five or more years of active duty (other than for training) in the Armed Forces.

(c) Retired Reserve. Direct assignment and transfer to the Retired Reserve may be accomplished under DOD Directive 1200.4, "The Retired Reserve of the Reserve Forces," September 24, 1963.1 § 115.3

Transfer to the Standby Reserve. (a) Provided they are not on active duty, the following personnel who have

1 Filed as part of original document. Copies available from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120, Attention: Code 300.