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 military 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.

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.

PART 123-TRANSFER OF PERSONS BETWEEN RESERVE COMPONENTS OF THE ARMED FORCES

Sec.

123.1 Purpose.

123.2 Applicability.

123.3 Policy.

AUTHORITY: The provisions of this Part 123 issued under secs. 512, 595, 70A Stat. 18, 25; 10 U.S.C. 512, 595.

SOURCE: The provisions of this Part 123 appear at 25 F.R. 14382, Dec. 31, 1960, unless otherwise noted.

§ 123.1 Purpose.

The purpose of this part is to establish a uniform policy governing 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.

§ 123.2 Applicability.

This part is applicable to all military departments in the implementation of sections 512 and 595 of Title 10, U.S. Code.

§ 123.3 Policy.

(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.

(a) Each Service shall continuously screen the units and members of its Ready Reserve in peacetime in order to provide a Ready Reserve composed of individuals who:

(1) Meet Service standards of mental, moral, professional and physical fitness, and possess the required military qualifications in the various ranks, grades, ratings, and specialties;

(2) Are immediately available for military service during a national emergency without seriously impairing production and research vital to the national military effort, or activities necessary to the maintenance of the national health, safety, or interest, or without creating extreme personal or community hardship; and

(3) Are immediately available for military service during a national emergency and whose absence will not impair the effective functioning and continuity of Federal Government agencies.

(b) Members of the Ready Reserve who do not meet age requirements or standards of fitness prescribed for active duty assignments by the Services concerned shall be transferred to the Standby Reserve; upon application be placed in the Retired Reserve if qualified, or discharged, as appropriate.

(c) In selecting members of the Ready Reserve to be transferred to the Standby Reserve who are otherwise equally eligible for transfer under the criteria established herein, the Service concerned shall accord preference for transfer in the following order: (1) those who have participated in combat; and (2) those with the least remaining obligated service in the Ready Reserve.

§ 125.3 Regulations for screening the Ready Reserve.

Screening of the Ready Reserve shall be conducted in accordance with the

provisions of Section 271, Title 10, United States Code.

(a) Fulfilled Ready Reserve obligations. (1) The following members of the Ready Reserve who have fulfilled their Ready Reserve obligations will be transferred to the Standby Reserve:

(i) The Vice President of the United States, members of the Cabinet, and other Presidential appointees requiring Senate confirmation;

(ii) Members of the Branch of the United States;

Legislative

(iii) Members of the Judiciary Branch of the United States;

(iv) All key employees in the Executive, Legislative, and Judiciary Branches of the United States;

(v) All other employees (not covered in § 125.3(a) (1) (iv)) in the Executive, Legislative, and Judiciary Branches of the United States, who are not members of military units organized to support war plans, except those who desire to remain in the Ready Reserve in a nonpay status.

(2) All other members of the Ready Reserve, who have fulfilled their Ready Reserve obligation, shall be transferred to the Standby Reserve unless they execute a written agreement to remain in the Ready Reserve for a minimum period of 1 year.

(b) Extreme hardship. Members of the Ready Reserve whose call to active duty in an emergency would result in extreme personal or community hardship as defined by the Secretary of Defense shall, upon request, be transferred to the Standby Reserve. Reservists shall be informed of the following definitions of hardship:

(1) Extreme personal hardship. An individual desiring transfer from the Ready Reserve to the Standby Reserve must establish by documentary evidence that his dependents would, by his call to active duty in an emergency, suffer extreme hardship greater than that which dependents of other Reservists can be expected to experience from the Reservist's order to active duty. In order to insure a uniform standard, the criteria established by the Service 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.

Requests for consideration under this paragraph must be initiated by the Reservist or by his dependents.

hardship.

(2) Extreme community An individual desiring transfer from the Ready Reserve to the Standby Reserve must establish by documentary evidence that his withdrawal from the community in a national emergency would have a substantially adverse effect on the health, safety or welfare of the community. 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. Requests for consideration under this paragraph must be initiated by the Reservist.

(c) Excess to Ready Reserve requirements. Except as provided by this paragraph, there shall be transferred to the Standby Reserve, in such numbers as are in excess of the requirements of the Ready Reserve, those members of the Ready Reserve who are principally engaged or employed in critical civilian occupations which are on the List of Critical Occupations for Screening the Ready Reserve issued by the Secretary of Labor. No person shall be transferred hereunder (1) who possesses a critical military skill as determined by the Secretary of Defense (and the Secretary of the Treasury with respect to the United States Coast Guard), or (2) who volunteers to remain in the Ready Reserve and executes a written agreement to remain in such Reserve for a minimum period of one year. In making the above determinations regarding transfers, the following definitions shall apply:

(1) Critical military skills. (i) A critical military skill is one appearing on the List of Critical Military Skills for Use in Screening the Ready Reserve (Department of Defense 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.

(ii) The criteria used in establishing the List of Critical Military Skills are as follows:

(a) The military skill must be indispensable to the success of the Ready Reserve Mobilization mission.

(b) A long period of mobilizationaccelerated training in the Reservist's individual military specialty training (totaling at least 6 months) must be

needed to develop the degree of skill required.

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

(iii) The DoD List will be revised from time to time by the Assistant Secretary of Defense (Manpower), as necessitated by changes in the military missions and manpower requirements of the Services.

(iv) The Military Departments may furnish special justification for those skills which in their judgment should be included on the List of Critical Military Skills where manning circumstances justify a deviation from the above criteria.

(v) To the maximum extent possible, Military Departments will utilize overages in military skills in one geographical area to meet the requirements for such skills in other areas.

(i)

(2) Critical civilian occupations. The Department of Labor has issued a List of Critical Civilian Occupations for Screening the Ready Reserve (Department of Labor List of Critical Occupations for Screening the Ready Reserve). This list was developed by an Interagency Committee on which the Department of Defense is represented, and is subject to periodic revision.

(ii) To the extent that such assistance may be needed, authority is granted the 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.

(3) Utilization of volunteers with critical civilian occupations. A Ready Reservist with a critical civilian occupation in excess of requirements in the Ready Reserve who has been selected for transfer to the Standy Reserve, and who then volunteers to remain in the Ready Reserve, under the provisions of DoD Directive 1205.6, “Assignment to and Transfer between Reserve Categories, and Discharge from Reserve Status", shall be given a military assignment utilizing his critical civilian occupation. If no military requirement exists for his critical civilian occupation and he possesses another critical military skill, he shall be utilized in that skill. If no requirement exists for him in a critical civilian occupation or in a critical military skill, he shall be utilized, insofar as possible, in a related military assignment.

(d) Apprentices and students. The Secretary of Defense (and the Secretary of the Treasury with respect to the United States Coast Guard) may provide for the transfer from the Ready to the Standby Reserve of individuals undergoing apprenticeship training or pursuing academic studies that will qualify them for critical civilian skills. Those Ready Reservists who are apprentices or students shall be transferred to the Standby Reserve in accordance with the following regulations except that no person shall be transferred hereunder who (1) has not had active duty, other than training, of at least twelve (12) months, (2) possesses a critical military skill, or (3) volunteers to remain in the Ready Reserve and executes a written agreement to remain in such Reserve for a minimum period of one year, as provided in DoD Directive 1205.6, "Assignment to and Transfer between Reserve Categories, and Discharge from Reserve Status."

(1) Apprentices. Ready Reservists who are undergoing apprenticeship training in critical civilian occupations appearing in Department of Labor List of Critical Occupations for Screening the Ready Reserve, in such numbers as are in excess of the requirements of the Ready Reserve for such occupations, and who meet the standards and requirements described in Appendix A shall be transferred to the Standby Reserve. At such time as the Reservist ceases to qualify for consideration as an apprentice under the regulations in this part, he should be considered for transfer to the Ready Reserve.

(2) Students. Ready Reservists who are students in colleges or universities pursuing studies that will qualify them for critical civilian occupations appearing in Department of Labor List of Critical Occupations for Screening the Ready Reserve and who meet the standards and requirements described in Appendix B shall be transferred to the Standby Reserve. Excluded from consideration are those students enrolled or enlisted in programs leading to appointment to commissioned rank. At such time as the Reservist ceases to qualify for consideration as a student under the regulations in this part, he should be considered for transfer to the Ready Reserve.

(e) Employees of the Federal Government—(1) Key employees. All employees, as defined in § 125.3(a) (1) (iv), who

have fulfilled their military obligation, will be transferred to the Standby Reserve. Key positions and key employees are defined as follows:

(1) Key position: A direct hire civilian position which is necessary to the mobilization or emergency functions of a Federal agency, and which:

(a) Appears on the Department of Labor List of Critical Occupations for Screening the Ready Reserve; or

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

(ii) Key Employee: A direct hire civilian employee of a Federal agency who occupies a key position and for whom no adequate replacement exists or whose duties cannot be reassigned to other employees.

Key

(2) Screening procedures—(i) employees. Each Federal Departmental Secretary and Federal Agency Head will conduct an annual survey of his department's or agency's civilian personnel who are Ready Reservists, and will designate those employee-Ready Reservists who are "key" members of the agency's staff, i.e., who occupy positions necessary to the mobilization functions of the agency. Each agency will then complete an Individual Reserve Status Report (DD Form 1286)1 for each of its key employeeReady Reservists. The agency will notify the employee concerned and then forward all such reports to the employee's Military Service by 1 March 1965, and not later than 31 December annually thereafter.

(ii) Military Services screening procedures. The Military Services will screen Individual Reserve Status Reports (DD Form 1286) for Key Federal Employees in order to determine the military status of the Ready Reservists involved. Final determination of the Ready Reservist's military status will be made by the Secretary of the Military Department concerned. The results of the Key Employee screening will be transmitted to the department or agency in which he is employed by DD Form 1286. The Military Services may communicate directly with each agency in implementing this directive. The Assistant Secretary of Defense (Manpower) will make appro

1 Copies of format of DD Form 1286 may be obtained from Army, Navy, Air Force, Marine Corps, and Coast Guard.