erated by stopping payment of all allotments (except class Q allotments) to the extent necessary to liquidate the advance. However, class Q allotments shall be modified to the extent necessary, but not to an amount less than the basic allowance for quarters, to permit liquidation of the advance prior to discharge.

(b) Advance pay and allowances for duty at a distant station:

(1) Personnel eligible. Any member of the Armed Services, when ordered to duty at a distant station where pay and allowances cannot be disbursed regularly, may be paid an advance of basic pay and allowances normally not to exceed three months' basic pay and allowances (less income tax withholdings, Soldiers Home and FICA tax deductions, scheduled liquidation of indebtedness to the Government, and the total of all allotments in force.)

(2) Procedure. (i) Requests for such advance payments of pay and allowances for both officers and enlisted members shall be approved by the Commanding Officer. The Commanding Officer will take into consideration the lack of regularity of disbursements, and will approve only such payments as may be necessary to alleviate hardship caused by lack of regular disbursements.

(ii) Requests for authority to make payments in excess of three months' basic pay and allowances for duty at distant stations will be submitted by the Commanding Officer to the officer designated in the regulations of the Service concerned for approval.

(3) Liquidation of advance pay and allowances. The amount of pay and allowances advanced to members under the provisions of this paragraph shall be liquidated in full before any subsequent payment is made. (However, as an exception, liquidation on installment in accordance with an approved schedule is authorized when the distant duty is terminated earlier than anticipated, and the Secretary of the Department concerned, or his authorized representative, determines that installment liquidation is justified to prevent hardship. The approved schedule will take into consideration the end of enlistment or separation date of the member concerned.)

(c) Recording payment and liquidation of advances: Payments and liquidation of advances of pay or pay and allowances shall be recorded in members' pay accounts in accordance with the

procedures prescribed by the Service concerned.

(d) Death or separation: In the event the member dies or is separated from the service before expiration of the allowed liquidation period, any unpaid pay and allowances which the member may have been entitled to on the date of death or separation will be used in the liquidation of the advance.

(e) A member will not be entitled to both an advance of pay for permanent change of station and an advance of pay and allowances for duty at a distant station when both advances are based on the same set of orders.

(76 Stat. 490; 37 U.S.C. 1006) [25 F.R. 14372, Dec. 31, 1960, as amended at 31 F.R. 7625, May 27, 1966]

(a) The Secretary of each Military Department shall provide a notification to each person who has met all of the following conditions for eligibility for retired pay at age 60, under section 1331 (a) of Title 10, U.S.C.

(1) Completion of at least 20 years of qualifying service as prescribed in section 1331(a)(2) of Title 10, U.S.C.

(2) Performance of the last 8 years of qualifying service while a member of a reserve component named in section 1332(a) (1) of Title 10, U.S.C.

(3) If the person was a Reserve of an armed force, or a member of the Army without component or other category covered by section 1332(a) (1) of Title 10,

U.S. Code (except a regular component) before August 16, 1945, he must have performed active duty after April 5, 1917, and before November 12, 1918, or after September 8, 1940, and before January 1, 1947, or active duty (other than for training) after June 26, 1950, and before July 28, 1953.

(b) The notification will be issued within 1 year after the person concerned has completed all of the above eligibility requirements, or for those persons who have already met these requirements it will be issued prior to July 1, 1968.

(c) After a person has been granted retired pay under Title 10, U.S.C. or has been notified in accordance with this part that he has completed the years of service required for eligibility for retired pay at age 60, this eligibility may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed, unless it resulted directly from the fraud or misrepresentation by the individual concerned.

(d) The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination, and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date he is granted retired pay.

(e) The format for the notification is in § 86.3. Local reproduction of the notification format is authorized.

(f) In view of the restrictions on denial or revocation of eligibility for retired pay, as stated in paragraph (c) of this section, suitable controls and procedures shall be established to avoid errors, miscalculations, misinformation, and erroneous administrative determinations.

(g) The notification shall be issued in the name of an official having general responsibility for administering the controls and procedures referred to in paragraph (f) of this section, and shall be authenticated by the handwritten signature of the officer or employee immediately responsible for the determination of the eligibility of the member being notified.

(h) The granting of retired pay to a person under Title 10, U.S.C. is conclusive as that person's entitlement to such pay only if the payment of the retired

pay is begun after the effective date of Public Law 89-652, October 14, 1966.

(i) A notification that a person has completed the years of service required for eligibility for retired pay under Title 10 U.S.C. is conclusive as to the person's subsequent entitlement to such pay only if the notification is made after the effective date of Public Law 89-652, October 14, 1966.

§ 86.3 Notification of eligibility for retired pay at age 60.

This is to notify you that, having completed the required years of service, you will be eligible for retired pay upon application at age 60 in accordance with the provisions of Title 10, U.S. Code, chapter 67. Your eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of creditable service performed unless it resulted directly from fraud or misrepresentation on your part. Notwithstanding the foregoing, the number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination, and when such a correction is made you will be eligible for retired pay in accordance with the number of years of creditable service, as corrected, from the date retired pay is granted.

titled to receive retired pay and who have been convicted by civil authorities.

§ 87.2 Scope.

This part applies only to members of the armed forces who are not on active duty and who are entitled to receive retired pay.

§ 87.3 Policy.

In view of the Act of August 25, 1958, Public Law 85-754 (72 Stat. 847; 10 U.S.C. 1161, note), by which Congress restored the retired pay of certain members who were dropped from the rolls of the armed forces for conviction by civil authorities, it is the policy of the Department of Defense that members of the armed forces who are entitled to receive retired pay may be dropped from the rolls of the armed forces for conviction by civil authorities only under section 8 of the Act of September 1, 1954, ch. 1214 (68 Stat. 1142; 5 U.S.C. 2281-2288); that is, when they are deprived of retired pay under that Act. This is in furtherance of the Department of Defense view that retired pay is earned and should be withheld only under extremely limited circumstances. In carrying out this policy, members shall be treated uniformly under substantially identical circumstances, regardless of their components. § 87.4 Action.

Recommendations for dropping members from the rolls of the armed forces in accordance with this Part shall be forwarded to the Secretary of Defense for transmission to the President in accordance with Department of Defense Instruction 1320.4, "Military Officer Actions Requiring Presidential or Congressional Approval”.

For the purpose of complying with the provisions of Public Law 217, 82d Congress and Public Law 506, 83d Congress, the following is submitted for guidance: (a) No individual shall be retained in the service beyond the date he would otherwise be discharged solely for the purpose of recoupment of reenlistment bonus, and (b) in applying the term "who voluntarily or as a result of his own misconduct" a pro rata portion of the reenlistment bonus shall be, upon the determination of the Secretary concerned, recovered for:

(1) Separation by reason of transfer to the Fleet Reserve, Fleet Marine Corps Reserve, or Army or Air Force Reserve. This item deals with only those cases where an individual is transferred to the Fleet Reserve, Fleet Marine Corps Reserve, or to the Army or Air Force Reserve and placed on the retired list of the Regular Army or Air Force. In the case of personnel so retired or transferred and retained on continuous active duty, such active duty shall be considered as a part of the enlistment being served in at the time of transfer and shall not be used in computing the pro rata share of the reenlistment bonus to be recouped. Retirement by reason of disability is not included under this section.

(2) Separation for the purpose of reenlistment. This entry concerns the following:

(i) Individuals granted discharges for the purpose of reenlistment for an unspecified period, and

(ii) Individuals granted discharges for the purpose of reenlistment for a specific reason, i.e., to attend a service school, to complete a tour of duty or for filling own vacancy.

(3) Separation by reason of marriage. This item concerns those enlisted women given discharges by reason of marriage.

(4) Separation by reason of resignation. This item concerns those individuals who are discharged by reason of acceptance of their resignations.

(5) Separation as a result of Writ of Habeas Corpus. This entry concerns those individuals who are discharged from the service as a result of their ap

plication, or an application submitted in their behalf, to the civil courts for a Writ of Habeas Corpus.

(6) Separation by reason of reduction to permanent grade. This entry concerns those individuals who are erroneously reenlisted in a higher temporary grade rather than in their permanent grade, and who elect discharge, or transfer to a reserve component if required by law, after being reduced to the lower grade and subsequently promoted to a temporary grade.

(7) Separation by reason of disability resulting from misconduct, wilful neglect, or incurred during a period of unauthorized absence. Included herein are those individuals discharged for disability as a result of the individual's intentional misconduct or wilful negligence or incurred during a period of unauthorized absence.

(8) Separation by reason of a sentence of a court-martial. This entry concerns those individuals discharged as a result of the approved sentences of courtsmartial.

(9) Separation by reason of unfitness or misconduct. This provision concerns those individuals who are discharged administratively by reason of unfitness or misconduct as defined in section VII, Paragraphs I. and J. of DoD Directive 1332.14 (24 F.R. 1707, Part 41 of this Subchapter).

(10) Separation by reason of disloyalty or subversive activities. This provision concerns those individuals who are discharged administratively for disloyalty or subversive activities of the types set forth in section VIII, Paragraphs C., 2 a through i, of DoD Directive 5210.9, "Military Personnel Security Program".

(11) Separation directed by the Secretary of the Service concerned in individual cases. This entry concerns those individuals whose discharge, or transfer to a reserve component, if required by law, is directed for the convenience of the Government by authority of the Secretary of the Service concerned, upon the application and in the interest of the individual, because of special or unusual circumstances, including discharges on account of erroneous enlistment for various reasons; to permit attendance at a civilian school; to permit enlistment in another service; and to permit enlistment of aliens in the armed forces of their native country.

This part establishes uniform procedures, acceptable to the Immigration and Naturalization Service of the Department of Justice, for military certification of alien dependents seeking naturalization under the Immigration and Nationality Act of 1952, as amended, sections 319 (b) and 323 (c) (8 U.S.C. 1430 (b) and 1434 (c)).

§ 90.2 Applicability and scope.

The provisions of this part apply to the Military Departments and cover alien spouses and/or alien adopted children of military and civilian personnel of the Department of Defense who are authorized to accompany or join their sponsors overseas and who wish to obtain United States citizenship prior departure.

§ 90.3 Policy.

to

ents eligible for naturalization under the Immigration and Nationality Act of 1952, as amended, sections 319 (b) and 323(c) (8 U.S.C. 1430 (b) and 1434 (c)). Deviation from prescribed procedure, use of nonstandard forms of certification, or failure to submit required documentation may result in delay in the attainment of citizenship prerequisite to the issuance of passport, which will in turn delay the dependents' overseas movement:

(a) Application for petition for naturalization will be made by the alien dependent on Immigration and Naturalization Form N-400 (adult) or N-402 (child), as applicable. These forms may be obtained from any office of the Immigration and Naturalization Service, or from any court having naturalization jurisdiction.

(1) The application may be filed when it is definitely established that the sponsor is being assigned overseas, or may be deferred until date of scheduled departure of the dependent is certified by the appropriate military commander (see § 90.4(b)).

(2) Application for petition for naturalization will be submitted to the nearest Immigration and Naturalization Service office, and must be accompanied by:

(1) Three identical photographs. (ii) Form FD 258, Fingerprint Card, bearing fingerprints of the applicant.

(3) No further action in naturalization proceedings can be taken until certification of the dependents' scheduled departure for overseas is made by the appropriate military commander.

DD

(b) Certification of dependents' authorization to proceed overseas. Form 1278,1 "Certificate of Oversea Assignment to Support Application to File Petition for Naturalization," will be issued to alien dependents by military commanders at the times indicated in § 90.4(b) (1), (2), and (3) in order that the alien may file such certificate with the nearest Immigration and Naturalization Service office to initiate naturalization proceedings. Only DD Form 1278 will be accepted by the Immigration and Naturalization Service, and military commanders will not issue memoranda or letters of any kind in lieu thereof. (1) When dependents are authorized automatic concurrent travel, DD Form 1278 will be issued not earlier than 90

1 Filed as part of original document.

days prior to the dependents' scheduled date of travel.

(2) When advance application for concurrent travel is required, DD Form 1278 will be issued after approval is received and not earlier than 90 days prior to the dependents' scheduled date of departure.

(3) When concurrent travel is not authorized, DD Form 1278 will be issued after authorization for dependents' movement is received, and not earlier than 90 days prior to scheduled date of dependents' travel.

(c) Filing with Immigration and Naturalization Service. Upon receipt of DD Form 1278, the alien will file this form, together with the application for petition for naturalization if not previously filed, with the nearest office of the Immigration and Naturalization Service. Further processing of the application for citizenship is as prescribed by the Immigration and Naturalization Service. Upon completion of the naturalization process immediate application for passport should be made, in order that it can be issued prior to scheduled departure of the dependent for overseas.

PART 100-INVOLUNTARY ORDER TO ACTIVE DUTY OF READY RESERVISTS FOR UNSATISFACTORY PERFORMANCE OF OBLIGATION

Sec.

100.1 Purpose. 100.2 Applicability. 100.3 Policy.

AUTHORITY: The provisions of this Part 100 issued under 10 U.S.C. 263. E.O. 11327, Feb. 15, 1967, 32 F.R. 2995. (3 CFR 1967 Comp.)

SOURCE: The provisions of this Part 100 appear at 32 F.R. 3829, Mar. 8, 1967, unless otherwise noted.

§ 100.1 Purpose.

This part prescribes uniform policy for compliance measures invoked under Title I, Public Law 89-687 dated October 15, 1966, and Executive Order 11327, dated February 15, 1967 (32 F.R. 2995), against those members of the reserve components without prior military service who enlist or have enlisted directly into units of the Ready Reserve but who do not participate satisfactorily in such Reserve units after enlistment. It supplements current policy guidance pertaining to participation in Reserve training programs included in DoD Directive