not fulfilled their total military service statutory obligation shall, upon their request, be assigned to or transferred to the Standby Reserve:

(1) Those who have served 5 or more years on active duty (other than for training).

(2) Those who have served on active duty (other than for training) and participated satisfactorily in accredited training programs of the Ready Reserve for a combined total of at least 5 years, or such shorter period as the Secretary of a Military Department concerned, with the approval of the Secretary of Defense, may prescribe.

(b) Individuals qualifying for assignment or transfer to the Standby Reserve under paragraph (a) of this section, shall, if otherwise qualified therefor and a suitable vacancy exists, be afforded the opportunity to execute a written agreement to be assigned to or remain in the Ready Reserve. All such voluntary agreements will provide that:

(1) The reservist may be transferred to the Standby Reserve by the appropriate Secretary for cogent reasons;

(2) The reservist waives his right to transfer to the Standby Reserve under the conditions stated in paragraph (a) of this section, while serving under such agreement.

(3) The period of the agreement shall be as prescribed by Part 125 of this subchapter.

(c) Transfer to the Standby Reserve under the screening process in conformance with section 271 of title 10, U.S.C. will be accomplished under Part 125 of this subchapter.

(d) Transfer to the Standby Reserve of members of the Army National Guard of the United States or the Air National Guard of the United States will be subject to section 269 (g) of title 10, U.S.C.

(e) Upon transfer of a member of the Ready Reserve to the Standby Reserve, notification thereof to the Selective Service System will be made by the Military Department concerned in accordance with Part 136 of this subchapter.

(f) Assignment to the Inactive Status List of the Standby Reserve and retention thereon is governed by Part 136 of this subchapter. § 115.4

Transfer

Reserve.

from the Standby

(a) In accordance with section 272 of title 10, U.S.C. any member of the Standby Reserve who has not completed

his statutory obligated period of military service in the Ready Reserve may be transferred to the Ready Reserve whenever the reasons for his transfer to the Standby Reserve no longer exist, provided he is otherwise qualified and a requirement exists.

(b) Subject to such regulations as the appropriate Secretary may prescribe, a member of either the Standby Reserve or the Retired Reserve may, upon his own request, be transferred to the Ready Reserve if qualified and a requirement exists for him. However, a member of the Retired Reserve who is entitled to retired pay may not be transferred to the Ready Reserve unless the Secretary concerned personally makes a special finding that the member's services in the Ready Reserve are indispensable. Such voluntary transfer will be accomplished under section 269 (d) of Title 10, U.S.C. Those who have fulfilled their Ready Reserve statutory obligation will be required to execute a written agreement to serve in the Ready Reserve under conditions set forth in this paragraph (b).

(c) In any case, where an individual is transferred from the Standby Reserve to the Ready Reserve or the Retired Reserve, notification thereof to the Selective Service System will be made by the Military Department concerned in accordance with Part 136 of this subchapter.

§ 115.5 Discharge.

(a) Enlisted members of the Ready Reserve or the Standby Reserve not on active duty who have completed their statutory obligation or who are not otherwise subject to a military obligation will be discharged upon the completion of their obligation or upon the expiration of their enlistment, as the case may be, unless they voluntarily (1) re-enlist to serve in the Ready Reserve or Standby Reserve, or (2), where applicable, extend their enlistment to remain in the Ready Reserve or (3) request transfer to the Inactive Status List of the Standby Reserve under the provisions of Part 136 of this subchapter. Only those personnel listed in Part 136 of this subchapter may re-enlist in the Standby Reserve.

(b) Any person who while a member of a reserve component becomes a regular or duly ordained minister of religion shall be discharged from such reserve component upon request under section 1162(b) of Title 10, U.S.C. The definition of regular or duly ordained minister of religion provided in section 16(g) of The

Military Selective Service Act of 1967 (50 App. U.S.C., 451 et seq.) shall be used in connection with this regulation.

(c) Those commissioned officers of the reserve who have accepted indefinite appointment will not be subject to mandatory discharge upon completion of the statutory obligation.

(d) Discharge from one's statutory obligation for hardship or other causes will be governed by pertinent provisions of Parts 50 and 125 of this subchapter.

(e) Discharge from the reserve components is governed by sections 1003, 1162, and 1163 of Title 10, U.S.C., subject to sections 680-681 and 1006 of the same reference.

(f) Upon the discharge of members of the Standby Reserve, due notification thereof will be made to the Selective Service System by the Military Department concerned.

The purpose of this part is to establish policies which will govern implementation of section 716, title 10, United States Code with respect to transfer of Reserve commissioned officers between Reserve components of the Army, Navy, Air Force and Marine Corps.

§ 120.2 Applicability.

This part is applicable to all officers holding Reserve commissions in the Armed Services, except officers of the medical services. The interservice transfer of officers holding commissions (Regular or Reserve) in the medical services will continue to be accomplished under the provisions of DOD Instruction 1205.1, "Implementation of the Universal Military Training and Service Act with Respect to Medical and Dental Registrants."

§ 120.3 Policy.

(a) It is the policy of the Department of Defense that an officer of any mili

58-112-76-11

tary service who is especially qualified to contribute to the success of an activity of another service will be given an opportunity to do so without interruption of his service career, by being transferred from one service and appointed in another.

(b) No officer will be so transferred without his consent, nor will an officer transferred from one service be appointed in another service with a higher rank or precedence than that he held on the date prior to his transfer.

(c) Transfers will be made only within authorized strength limitations for the active duty forces, if the officer is on extended active duty.

(d) While intended for use primarily in the technical fields to permit the full utilization of specialists, this authority to transfer between services is not restricted to technical specialists.

(e) Inter-service transfer of reserve officers not on active duty who have military service obligations will be governed by policy set forth in § 123.3 (a) of this chapter, in addition to that in this part.

(f) No officer of a Reserve component will be transferred to a Regular component under this authority.

§ 120.4 Procedure.

(a) Request for transfer will normally be initiated by an appropriate agency of the military department desiring the services of an officer serving in another department, or by the officer himself.

(b) Request for transfer will include a statement of consent of the officer concerned and will be accompanied by a Justification of the requested transfer as being in the interest of national defense and the individual officer. The Secretary of the losing Department and the Secretary of the gaining Department will indicate their concurrence or nonconcurrence in the requested transfer.

(c) For Reserve officers on extended active duty and for Reserve officers not on extended active duty, request for transfer will be processed as follows:

(1) If initiated by the officer himself, the request will be forwarded by the officer through military channels to the designated representative of the Secretary of the military department in which he is presently commissioned and serving. The request will be forwarded to the designated representative of the Secretary of the gaining department.

(2) If initiated by other than the officer himself, request for transfer will

be routed by the designated representative of the Secretary of the gaining department directly to the designated representative of the Secretary of the losing department.

(3) Transfers may be accomplished by the service Secretaries concerned, or their designated representatives, without referral to the Secretary of Defense if the proposed transfer is mutually acceptable to both military departments. In the case of nonconcurrence by the gaining military department, or by both military departments, the transfer will normally be considered disapproved. In the case of nonconcurrence by the losing department only. the transfer will be forwarded to the Secretary of Defense, Attention: Assistant Secretary of Defense (Manpower), for resolution in the interest of national defense. Requests being forwarded to the Secretary of Defense will be forwarded through the Secretaries of the departments concerned.

(d) When transfer is approved, termination of presently held commissions and reappointment in another service will be accomplished by the two Services affected without interruption of the continuity of the officer's service.

(e) An officer transferred under the provisions of this part will be awarded a permanent Reserve grade and date of rank as determined by applying the amount of his promotion service in his present service to the appointment laws in effect for the Service to which he is being transferred. His temporary grade and date of rank will remain the same as that he held in his present service on the day prior to his transfer.

(f) An officer transferred under provisions of this part will be credited with the unused leave with which he was credited at the time of transfer, and with the total military service with which he was credited on the date prior to his transfer.

(a) Interservice transfers of persons not on active duty who have an obligation for service under the provisions of the Universal Military Training and Service Act, as amended or the Armed Forces Reserve Act of 1952, as amended between reserve components of the Armed Forces may be accomplished only in cases wherein the reservist requests or consents to such transfer and wherein it is mutually agreed by the two Secretaries concerned that such transfers are in the best interest of the Armed Forces, except as provided in paragraph (b) of this section. An Armed Force may request the transfer of a particular reservist from a reserve component of another Armed Force. Such request will normally be made only when the initiating Armed Force has a specific vacancy for the individual concerned in an organized unit within a reasonable distance of the individual's domicile or place of business. It may be approved only when:

(1) The losing Armed Force has no organized unit within a reasonable distance of the domicile or place of business of the individual to which the reservist may be usefully assigned, or

(2) The reservist has special experience or professional, educational or technical background which is clearly of greater use to the gaining Armed Force and which use outweighs the value of his previous training in the losing Armed Force.

(b) At the time of enrollment in an officer candidate program of another service, an enlisted reservist will be transferred to the reserve component of the service conducting such program,

provided that it is mutually agreed by the Secretaries concerned that such transfer is in the best interest of the Armed Forces.

(c) Interservice transfers between reserve components of the Armed Forces will be accomplished by discharge from the reserve component in which serving for the purpose of immediate enlistment or appointment in the reserve component of the Armed Force concerned. Where membership in the officer training program does not confer military status, discharge will be for the purpose of immediate enlistment in the reserve component of the gaining Armed Force. Discharge for this purpose shall not constitute a fulfillment of the military obligation. Additional service performed after such discharge will be counted toward fulfillment of such obligation.

PART 125-SCREENING THE READY RESERVE

Sec.

125.1 Purpose and applicability. 125.2

Definitions.

125.3 Policies.

125.4 Responsibilities.

125.5 Screening regulations.

125.6 List of Military centers to which reserve status reports should be forwarded.

125.7 OEP-Sponsored surveys of Ready Reservists employed by State and local governments and by defensesupporting industries.

AUTHORITY: The provisions of this Part 125 issued under 10 U.S.C. 271, E.O. 11190; 3 CFR, 1964-1965 Comp., p. 272, as amended by E.O. 11382; 3 CFR, 1967 Comp., p. 327.

SOURCE: The provisions of this Part 125 appear at 35 F.R. 14130, Sept. 5, 1970, unless otherwise noted.

$125.1 Purpose and applicability.

This part provides the military departments with Department of Defense policies governing the annual screening of Ready Reserve personnel as required by 10 U.S.C. and Executive Order 11190 to assure a Ready Reserve force composed of qualified individuals who will be available immediately during any national emergency.

§ 125.2 Definitions.

Definitions of terms used in this part are as follows:

(a) Key position. A direct hire or statutory civilian position in a Federal Government agency, which:

(1) Is necessary to the mobilization or emergency functions of a Federal Government agency, or

(2) Appears on the Department of Labor List of Critical Civilian Occupations for Screening the Ready Reserve,

or

(3) Has a current shortage of qualified personnel and requires a minimum of 90 days of specialized training or experience.

(b) Key employee. Any civilian employee of a Federal Government agency who occupies a key position and for whom no qualified and immediate replacement exists or whose duties cannot be reassigned to other employees, and whose immediate recall to active duty during an emergency would seriously impair:

(1) Production and research vital to the national military effort, or

(2) Activities necessary to the maintenance of the national health, safety or interest, or

(3) The effective functioning and continuity of a Government agency.

(c) Critical civilian occupation. An occupation which is on the "List of Critical Civilian Occupations for Screening the Ready Reserve",1 compiled by the Department of Labor. (This list is developed by an interagency committee on which the Department of Defense is represented and is subject to periodic revision.) To the extent that such assistance may be needed, authority is delegated to the Military Services to request the technical advice of the Department of Labor's affiliated State employment service offices in classifying the civilian occupations of particular individual reservists, other than farm operators and assistants. With respect to farm operators and assistants, authority is delegated to the military departments to request the technical advice of the Agricultural Stabilization and Conservation county committees of the U.S. Department of Agriculture.

1

(d) Critical military skill. A skill which is on the "List of Critical Military Skills for Use in Screening the Ready Reserve" published by the Department of Defense. This list is subject to periodic revision by the Assistant Secretary of Defense (Manpower and Reserve Affairs).

(1) The criteria used in determining critical military skills are as follows:

(i) Skill must be necessary to the success of the Ready Reserve mobilization mission.

(ii) A long period of mobilizationaccelerated training in the Reservist's See footnote at end of part.

individual military specialty training (totaling at least 6 months) must be needed to develop the degree of skill required.

(iii) An appreciable shortage (at least 10 percent of Ready Reserve mobilization requirements) of available personnel with the skill exists or is anticipated.

(2) The military departments may furnish special justification for those skills which are not, but in their judgment should be, included on the List of Critical Military Skills 1-particularly in cases where manning circumstances may justify a deviation from the above criteria.

(e) Government agency. Any department, agency or office of the Federal Government.

(f) Extreme community hardship. A situation which would result from the recall to active duty of a reservist in an emergency, in that his withdrawal from a particular community would have a substantially adverse effect on the health, safety or welfare of that community. (Establishment of such hardship must be initiated by the reservist, and must be supported by documentary evidence as deemed necessary by the Secretary of the military department concerned. In those cases where the reservist is registered with Selective Service, documentary evidence may include a recommendation by the State Director of Selective Service, or by an appropriate local board of the State in which the registrant is located.)

(g) Extreme personal hardship. A situation which would result from the recall to active duty of a reservist in an emergency, in that his absence would cause extreme hardship to his dependents substantially greater than that which dependents of other reservists can be expected to experience from their recall to active duty. (Establishment of such hardship must be initiated by the reservist, and must be supported by documentary evidence as deemed necessary by the Secretary of the military department concerned. In order to insure a uniform standard, the criteria for such evidence should conform generally with current Selective Service regulations on extreme hardship deferment. In those cases where the reservist is registered with Selective Service, documentary evidence may include a recommendation by the State Director of Selective Service of the State in which the registrant's local board is located.)

See footnote at end of part.

§ 125.3 Policies.

(a) Retention of members of the Ready Reserve. (1) Subject to the personnel and length of service requirements of the military department concerned, members of the Ready Reserve who have completed their statutory military obligation or are eligible for transfer to the Standby Reserve in accordance with 10 U.S.C. 269 and who desire to remain members of the Ready Reserve will execute service agreements as follows:

(i) Officers will execute a written agreement to be a member of the Ready Reserve for a specific period of time, but not less than 1 year.

(ii) Enlisted personnel:

(a) Obligors eligible for transfer to the Standby Reserve will execute a written agreement to remain a member of the Ready Reserve for a specified period of time, but not less than 1 year.

(b) Nonobligors will be reenlisted in the Ready Reserve for a specified period of time, but not less than 1 year with the following statement added to the enlistment contract, DD Form 4, section 53(a): "I agree to remain a member of the Ready Reserve during the period of this enlistment unless sooner relieved by proper authority."

(2) In selecting members of the Ready Reserve to be retained in the Ready Reserve, the military service concerned shall accord preference for retention to those who are considered best qualified and possess the highest potential for career service in the Ready Reserve.

(3) Members of the Ready Reserve who have not fulfilled their statutory Ready Reserve obligation shall be retained in the Ready Reserve, unless they are transferred to the Standby Reserve or discharged as authorized herein.

(4) In accordance with 10 U.S.C. 269 (g), a member of the Army National Guard of the United States or the Air National Guard of the United States may be transferred to the Standby Reserve only with the consent of the governor or other appropriate authority of the State, Puerto Rico, or the District of Columbia, whichever is concerned.

(b) Satisfactory participation. (1) Members of the Ready Reserve who do not participate satisfactorily will be ordered to active duty, transferred to the Standby Reserve, retired, or discharged, as appropriate, in accordance with DOD Directive 1215.13 (Part 100 of this subchapter).