(a) Members on active duty. (1) Allegations of paternity against members of the armed forces who are on active duty will be transmitted to the individual concerned by the appropriate military authorities.

(2) If there exists a judicial order or decree of paternity or support duly rendered by a United States or foreign court of competent jurisdiction against such a member, the commanding officer or the appropriate Military Department will advise the member of his moral and legal obligations as well as his legal rights in the matter. The member will be encouraged to render the necessary financial support to the child and any other action considered proper in the circumstances will be taken.

(b) Members not on active duty. (1) Allegations of paternity against members of the armed forces who are not on active duty will be forwarded to the individual concerned in such manner as to insure that the charges are delivered to the addressee only. Military channels will be used when practicable.

(2) When requested by the complainant, the last known address of inactive

members may be furnished under the same conditions as set forth for former members under paragraph (c) (2) (i) and (ii) of this section.

(1) In all cases

(c) Former members. of allegations of paternity against former members of the armed forces who have been completely separated from the services, i.e., those members now holding no military status whatsoever, the claimant will be informed of the date of discharge and advised that the individual concerned is no longer a member of the armed forces in any capacity and that the Military Departments assume no responsibility for the whereabouts of individuals no longer under their jurisdiction. The correspondence and all accompanying documentation will be returned to the claimant.

(2) In addition, the last known address of the former member will be furnished to the claimant:

(i) If the complaint against the former member is supported by a certified copy of either:

(a) A judicial order or decree of paternity or support duly rendered against a former member by a United States or foreign court of competent jurisdiction; or

(b) A document which establishes that the former member has made an official admission or statement acknowledging paternity or responsibility for support of a child before a court of competent jurisdiction, administrative or executive agency, or official authorized to receive it; and/or

(ii) In cases where the complainant, with the corroboration of a physician's affidavit, alleges and explains an unusual medical situation which makes it essential to obtain information from the alleged father to protect the physical health of either the prospective mother or the unborn child.

PART 82-MILITARY STAND-BY AUTHORIZATION FOR COMMERCIAL AIR TRAVEL (DD FORM 1580)

Sec.

82.1 Purpose.

82.2 Applicability. 82.3 Procedures.

AUTHORITY: The provisions of this Part 82 issued under 5 U.S.C. 301.

SOURCE: The provisions of this Part 82 appear at 31 F.R. 16495, Dec. 24, 1966, unless otherwise noted.

This part standardizes DD Form 1580 for issuance to active duty members of the Armed Forces (referred to in this part as "member") for the purpose of affording:

(a) The member-proper identification as an individual who qualifies for certain reduced fares and travel privileges prescribed in air carrier tariffs; and

(b) The commercial air carrier concerned-a facilitated means of determining the leave status of the individual, and as applicable, eligibility for priority considerations as specified in air carrier tariffs.

[32 F.R. 12845, Sept. 8, 1967]

§ 82.2 Applicability.

The provisions of this part apply to all component agencies of the Department of Defense.

(a) Issuance. DD Form 1580 will be issued to the member upon his request, contingent upon official authorization to be absent from duty as the result of: Leave; delay en route; pass or liberty; and discharge. As used in this part and in air carrier tariffs, the term "Discharged" includes members who have been "separated".

(1) The certifying officer may be a commissioned officer, noncommissioned officer, warrant officer, or civilian employee of the Military Services who (i) may authorize official orders, passes, or liberty, or (ii) has been delegated authority to screen orders, leave, pass, or discharge papers to determine a member's status.

(2) Five or more certified copies of DD Form 1580 will be furnished to the member for use as follows: One copy for the ticket issuing agency, and one for each commercial flight on which the member intends to travel.

(3) The issuance of DD Form 1580 will not substitute for official authorization for the member to be absent from duty. Air carriers have reserved the right to inspect leave, pass, or furlough papers and identification of the member.

(b) Preparation of DD Form 1580. (1) Items 1 through 7 refer to the member authorized to be absent from duty: (1) Use item 4 to show the member's present duty organization and station, or his next duty station if authorized a

delay en route in connection with a change in duty stations.

(ii) Use item 5 to show the date on which travel will actually begin. This date will be (a) within 5 days prior or 5 days following the effective date on leave orders or travel orders which authorize a delay en route or (b) the date on which pass or liberty is granted or (c) date of discharge.

(iii) The period of authorization (the number of days between the beginning date in item 5 and the ending date in item 6) will not exceed 1 day in excess of: (a) The days of absence authorized by leave orders, a pass, or liberty; or (b) the travel time between duty stations plus the amount of leave authorized for delay en route; or (c) 6 days following the date of honorable discharge.

(iv) Check item 7A if the member is authorized leave in connection with a family emergency. If 7A is checked, the airport city and state nearest the emergency leave destination of the member must be shown in the space following the heading marked destination.

(v) Check item 7B if the member is authorized leave to or from an overseas combat area, or is granted convalescent leave for injury or illness resulting from duty in the combat area as defined in Executive Order 11255, dated November 1, 1965.

(vi) Check item 7C in the appropriate box for any other leave authorized by official orders not described in the preceding: For members having a pass; for members granted liberty; and for members who have been honorably discharged from military service.

(2) Items 8 through 12 are for the identification of the officer making the certification (see par. (a)(1) of this section).

(3) Items 13 and 14 are reserved for the use of the airline concerned, and will be left blank at the time of issue to the member.

[31 F.R. 16495, Dec. 24, 1966, as amended at 32 F.R. 12845, Sept. 8, 1967]

(a) The Secretary of Defense will establish the recruiting objectives for each of the Services under the Medically Remedial Enlistment Program.

(b) The Secretaries of the Military Departments will be responsible for:

(1) Meeting the procurement objectives of the program established for their Service.

(2) The determination of the acceptability of applicants for enlistment under the program.

(3) Processing of applicants after acceptance for enlistment, including the determination of whether medical care will be provided by the hospitals of their Service, or requested from other Service hospitals, the Veterans Administration, or the Public Health Service.

(c) The Secretary of the Army, as Executive Agent for Armed Forces Examining and Entrance Stations and the Armed Services Medical Regulating Office, will be responsible for:

(1) Administration of medical examinations necessary to determine the remediability of medical conditions in § 83.3 and arranging for supplementary medical examinations and consultations considered to be necessary to make this determination.

(2) Processing applicants for the Medically Remedial Enlistment Program while they are in AFEES.

(3) Arrangements, through the Armed Services Medical Regulating Office, for medical care in the hospitals of other Services, the Veterans Administration, or the Public Health Service, when requested to do so by the Service concerned.

(5) Hydrocele.

(6) Hernia of the abdominal cavity. (7) Over maximum weight by not more than 15 percent.

(8) Under minimum weight by not less than 10 percent.

(d) If applicant is a member on active duty whose medical defect occurs or is discovered during basic training, the Service concerned may change the enlistment contract to an enlistment under the Medically Remedial Enlistment Program for members who otherwise meet the criteria of this § 83.3.

[31 F.R. 16351, Dec. 22, 1966, as amended at 32 F.R. 7175, May 12, 1967; 32 F.R. 7771, May 27, 1967]

§ 83.4 Priorities for medical care.

The order of priority for medical care will be:

(a) The facilities of the Service concerned.

(b) The facilities of the other Military Services.

(c) The facilities of the Veterans Administration or the Public Health Service.

including arrangements for supplementary medical consultations and tests necessary to determine remediability under § 83.3.

(c) The Chief, Medical Examining Section, AFEES, will determine whether the applicant is medically qualified or unqualified for the Medically Remedial Enlistment Program. The AFEES will inform the Service concerned that the applicant is qualified under the Medically Remedial Enlistment Program, and will furnish appropriate medical records and other documents to the enlisting Service.

(d) The Service concerned will make the determination of whether or not to enlist an applicant. If accepted, the applicant will be enlisted by waiver of physical standards under a signed enlistment contract which includes an agreement to undergo the therapeutic procedures necessary to remedy his medical condition. The applicant may then be enlisted under a regular enlistment program or a delayed entry enlistment program. Applicants enlisted under § 83.3 (d) may have their qualifications for the Medically Remedial Enlistment Program determined by the Medical Officer of a Training Center.

(e) If the Service enlists the applicant under regular enlistment procedures, AFEES will follow normal procedures of shipment to the reception station. If the member is enlisted under a delayed entry program, the AFEES will release the member to the Control Group specified by the Service.

(f) The Service concerned will subsequently process the member enlisted under the Medically Remedial Enlistment Program. The Service will make a determination whether to furnish medical care through one of its Service hospitals or to request the Secretary of the Army, as Executive Agent for the Armed Services Medical Regulating Office, to arrange medical care by hospitals of the other Services, the Veterans Administration, or the Public Health Service. The Service concerned will process appropriate orders for movement of individuals for medical care. After discharge by hospital authorities, the member under the Medically Remedial Enlistment Program will enter a special training unit or medical holding unit for the remainder of his medical recovery period or a regular base training company.

The assignment for regular basic training will be made on the basis of appropriate medical consultation.

(g) After completion of his remedial period, or in a reasonable time thereafter, the member under the Medically Remedial Enlistment Program will be subject to existing regulations governing discharges.

[31 F.R. 16351, Dec. 22, 1966, as amended at 32 F.R. 7175, May 12, 1967] § 83.6 Funding.

Each Service will budget for its costs of the program, except that the Army will budget for the medical examination costs of the program incurred at AFEES. § 83.7 Reporting requirements.

(a) Existing reporting requirements will be modified to report the following information monthly:

(1) AFEES Reports. (i) Number of rejections for conditions cited in § 83.3 (c).

(ii) Number of applicants for Medically Remedial Enlistment Program.

(iii) Number of applicants medically qualified for Medically Remedial Enlistment Program, by diagnosis.

(1)

(2) Military Department Reports. Number of requests for waiver after certification of medical qualifications, by diagnosis.

(ii) Number of requests for waiver approved, by diagnosis.

(iii) Therapeutic procedure involved. (iv) Noneffective days resulting from therapeutic procedures.

(v) Cost of therapeutic procedure.

(b) Identifying data on a name basis will be maintained for all men entering the program. The same minimum data elements as are maintained for Mental Group IV accessions under revised standards will be maintained for this program. (c) A reporting instruction will be issued subsequently.

§ 83.8 Effective date and implementation.

The effective date of this part will be February 1, 1967. Two (2) copies of Service regulations implementing the part should be furnished by the Military Departments to ASD(M) within thirty (30) days of the date of issuance of this part.

(a) Advance pay for permanent change of station:

(1) Personnel eligible. Upon permanent change of station if such change is not incident to separation from the service or trial by court-martial, commissioned and warrant officers and enlisted personnel may be paid, under existing law, an advance of pay, not to exceed three months' basic pay (less income tax withholdings, Soldiers Home and FICA tax deduction and scheduled liquidation of an indebtedness, including any unliquidated amount resulting from an advance made on a different set of permanent change of station orders. All known indebtedness that has not been scheduled for collection will be scheduled or taken into account prior to effecting an advance of pay.)

(i) Normally the amount of an advance shall be limited to one month's basic pay less the deductions set forth in this subparagraph.

(ii) All advances of pay to enlisted members shall be approved by the Commanding Officer, and this approval shall be indicated on the pay order. The pay order will also include a certificate stating that the enlisted member will have at least enough time left to serve on his current enlistment to completely repay the advance (i.e., if six months are allowed for repayment, the certificate will

86-070-68-8

state that the enlisted member has at least six months to serve on his current enlistment beginning with the first of the month following the month in which the advance is made). Advances of pay should not be made to officers where it is apparent that the officer's tour of duty (obligated service) will terminate prior to completion of the scheduled repayment of the advance. Commanding Officer's approval is not required on advances of pay to commissioned or warrant officers

(2) Temporary duty. The fact that there may be temporary duty enroute to permanent change of station will not preclude the payment of an advance of pay if the person is otherwise eligible.

(3) Time of payment. The advance of pay may be made at any time after receipt of orders involving a permanent change of station, but may not be made later than thirty days after reporting to the new duty station. It may be made in one, two or three installments, and is in addition to any amount otherwise due on the day the advance is made.

(4) Liquidation of advance. (i) Normally the amount of each advance of pay shall be fully liquidated within a period of six months (starting on the first of the month following the month in which the advance was made). Liquidation of the second or third installment, if any, will start on the first of the month following the month in which the installment is received.

(ii) In certain exceptional cases, such as assignments to MAAG or Military Mission duty in foreign countries, which involve unusually large expenditures of funds, the Secretary of the Department concerned or his designated representative, may authorize liquidation of the advance in pay over a period of not to exceed 12 months. Such cases must be fully justified by compelling reasons of hardship which would be caused if the repayment period were shorter.

(iii) An advance of pay will not be made in an amount which will require the stoppage of insurance allotments, or allotments for the support of dependents. No allotment, other than class Q allotment, will be established after the advance is made if it will prevent liquidation within the allowed period.

(iv) In the event a member is to be separated from the service prior to the expiration of the liquidation period, the liquidation of the advance will be accel