(2) Ready Reservists not in a drill pay status who are students in the professions of medicine, dentistry or other allied medical health specialties shall be transferred to the Standby Reserve unless they elect to be transferred to the Early Commissioning Program. This latter program is preferable from the standpoint of proper utilization since these students will be retained in a Ready Reserve status and will be available to the military services as commissioned physicians, dentists or other allied medical specialists upon completion of their education and training.

(3) Request for delay or exemption from a member of the reserve forces involuntarily ordered to active duty will be considered on the merits of the individual case and the requirements of the services concerned. Such requests

will be submitted through the military chain of command prescribed by the military departments. Final decision in all cases of appeal is vested in the Secretaries of the military departments concerned or their designated representatives.

(4) Reservists who have completed their military obligation and request exemption are required to submit their resignation or request for discharge from the Reserve forces. If the individual so desires, he may include a statement in his resignation or request for discharge that he would be willing to accept a transfer to the inactive status list of the Standby Reserve, or to the Retired Reserve, if eligible, in lieu of the acceptance of his resignation or discharge. Reservists who are obligors and request exemption will, if requests are approved, be discharged or retained in the Reserve to be available for mobilization at such time as the reason for their exemption is removed. Reservists retained in the Reserves upon the approval of their request for exemption will not be permitted to participate in any reserve training for which they would be entitled to receive pay from Federal funds or be credited with points toward retirement under Chapter 67, Title 10, U.S. Code, until they have served on active duty (other than for training) or the Secretary of the military department concerned makes a special finding in each case that their return to active participating status is in the best interest of the particular military depart

ment. The Secretary concerned may not delegate his authority under the preceding sentence.

(5) Request for delay or exemption will be processed expeditiously and the individual concerned will be notified promptly of the action taken. Every effort will be made to process such action and notify the individual prior to the date on which travel must commence in order to effect compliance with active duty orders. However, when such action cannot be completed prior to effective date of active duty orders, the Reservist will be required to report for duty and await final determination of his case unless specifically granted permission not to report by the local area commander delegated this authority.

(c) Early release. In the event Reserve units are released from active duty prior to their planned expiration date, it is the policy of the DOD to retain those Reservists requesting such action for the fully planned length of active duty for which they were recalled when a hardship would be created by early release. § 126.4 Applicability.

This policy is applicable to all officers and enlisted personnel of the Ready Reserve Components who nave been alerted for or involuntarily ordered to active duty.

The provisions of this part apply to the Military Departments in the employment of authority contained in the references cited in § 127.1 to order units and members of the Ready Reserve to active duty without their consent.

§ 127.3 Statutory provisions.

(a) Section 673, Title 10, United States Code. In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, section 673(a) provides that an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty (other than for training) for not more than twenty-four (24) consecutive months. Section 673 (c) provides that not more than 1,000,000 members of the Ready Reserve may be on active duty (other than for training) without their consent, under this section at any one time.

(b) Title I, Public Law 89-687, October 15, 1966. Subsection (e) of Title I, Public Law 89-687, October 15, 1966 provides that notwithstanding any other provision of law, until June 30, 1968, the President may, when he deems it necessary, order to active duty any unit of the Ready Reserve of an Armed Force for a period not to exceed twenty-four (24) months.

(c) Section 673a, Title 10, United States Code. Provides under sections 672, 673, 673a, 2105, 2107, 4348, 6959, and 9348, Title 10, United States Code and Executive Order 11366, dated August 4, 1967, that certain individual reservists who are not satisfactorily fulfilling their military obligation are subject to being involuntarily ordered to active duty for up to twenty-four (24) months.

(d) Sections 2105, 2107, 4348, 6959, and 9348, Title 10, United States Code. Provides authority for the Secretary of the Military Department concerned to order to active duty in his enlisted grade or rating any member of ROTC advanced training, ROTC cadet, ROTC midshipman, Service Academy cadet or Service Academy midshipman, who does not complete the prescribed course of instruction, or who completes the course

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(b) Section 673, Title 10, United States Code. (1) The authority contained in section 673(a) of Title 10, U.S. Code to order units or members of the Ready Reserve involuntarily to active duty shall be exercised by an authority designated by the Secretary concerned only in time of national emergency declared by the President, or when otherwise authorized by law.

(2) Where the nature of the situation permits, the Secretary of Defense, with the advice of the Joint Chiefs of Staff, subject to applicable strength limitations prescribed by law, will determine the numbers and composition of forces to be ordered involuntarily to active duty from the Ready Reserve by each Military Department.

(3) Where the nature of the situation precludes procedures contemplated in subparagraph (2) of this paragraph, members of the Ready Reserve authorized by law to be ordered involuntarily to active duty may be so ordered by authorities designated by the Secretaries concerned, subject to the conditions of subparagraph (1) of this paragraph, in numbers previously allocated to the Military Departments by the Secretary of Defense.

(i) The Joint Chiefs of Staff shall be responsible for providing to the Secretary of Defense on a current basis the recommended numbers which each serv

ice will be authorized to order involuntarily to active duty under such circumstances, based on appropriate war or mobilization plans.

(ii) The Joint Chiefs of Staff shall periodically review such allocation made by the Secretary of Defense, for the purpose of recommending such changes as new conditions may dictate.

(4) Where the nature of the situation indicates imminent attack upon the continental United States, those authorities having been designated by the Secretaries concerned may order to active duty, subject to the conditions of subparagraph (1) of this paragraph, those Ready Reserve forces previously determined by the Secretary of Defense, on the recommendation of the Joint Chiefs of Staff, as required for the immediate defense of the continental United States. (5) The designation of individuals and units of the Ready Reserve to comprise the forces to be ordered involuntarily to active duty by each Military Department, within numbers determined by the Secretary of Defense in accordance with subparagraphs (2), (3), and (4) of this paragraph, shall be the responsibility of the Secretary of the Military Department concerned.

(c) Title I, Public Law 89-687, October 15, 1966. The authority contained in subsection (e) of Title I shall be exercised by an authority designated by the President. If this authority is delegated to one of the Secretaries of the Military Departments, that Secretary shall assure that all actions which concern another Military Department are properly coordinated with the Department concerned.

(d) Section 673a, Title 10, United States Code. Executive Order No. 11366 delegates to the Secretary of Defense and, when designated by him for this purpose, any of the Secretaries of the Military Departments, the authority to order members of the Ready Reserve to active duty under subsection 673a (a). Uniform policies for the implementation of this authority by the Secretaries of the Military Departments are prescribed by Part 100 of this subchapter.

(e) Integrity of units. In any expansion of the active Armed Forces of the United States which requires that units and members of the Reserve Components be ordered to active duty (other

than for training), section 672(c) of Title 10, U.S.C. provides that, insofar as practicable, members of units organized and trained to serve as units who are ordered to that active duty without their consent shall be so ordered only with their units. However, members of such units may be reassigned after being ordered to active duty (other than for training). Policy guidance governing the application of this provision is contained in DoD Directive 1235.6,1 June 25, 1959.

(f) Delay, exemption, and early release. DoD policy concerning the delay, exemption and early release of Ready Reservists who have been involuntarily ordered to active duty is prescribed in Part 126 of this subchapter.

This part prescribes uniform policy governing active duty and active-dutyfor-training programs established to provide basic training for persons enlisting directly into the Reserve Forces. § 132.2 Applicability and scope.

(a) The provisions of this part apply to the Military Departments conducting reserve enlistment programs under the provisions of Title 10, U.S.C. and Title 32, U.S.C. for personnel without prior military service.

(b) Initial active duty or active-dutyfor-training programs may include, in addition to recruit or basic individual training, basic unit training and various types of specialist training. § 132.3 Policy.

(a) General. The reserve enlistment programs were established to provide the Reserve Forces with trained personnel. No enlistment shall be accepted under

Title 10, U.S.C. and Title 32, U.S.C. if such enlistment would cause the authorized strength of the Ready Reserve component concerned to be exceeded.

(b) Periods of enlistment. (1) Persons without prior military service who are under 26 years of age who enlist under section 511 (a) or (d) of Title 10, U.S.C. or section 302 of Title 32, U.S.C., and all persons regardless of age who enlist under section 511(b) of Title 10, U.S.C. will be enlisted for a period of six years.

(2) Persons without prior military service who are 26 years or over who enlist under section 511(a) of Title 10, U.S.C. will be enlisted for such period as is prescribed by the Secretary of the Military Department concerned.

(c) Periods of training. (1) Personnel without prior military service who enlist in the Reserve Forces under section 511 (a) or (d) of Title 10, U.S.C., or section 302 of Title 32, U.S.C. will perform an initial tour of active-duty-fortraining of not less than four (4) consecutive months' duration regardless of age at time of enlistment. The maximum period of active-duty-for-training will be determined within each Military Service on the basis of the period of training considered necessary to qualify the individual for the military specialty for which he enlisted. Unless otherwise provided by law, personnel shall participate in reserve training in the Ready Reserve for the total period of enlistment except for the period of delay in reporting for active-duty-for-training which is discretionary with the Secretary concerned in accordance with Paragraph (d) of this section. Deferment from induction of draft-liable enlistees based on satisfactory service in the reserves is governed by the Universal Military Training and Service Act, as amended, as supplemented by Selective Service Regulations.

(2) Personnel without prior military service who enlist in the Reserve Forces under section 511(b) of Title 10, U.S.C. will perform such active-duty-for-training and inactive duty training as required to qualify them as combat ready by not later than six months following enlistment.

(d) Delay in reporting. (1) Individuals entering the reserve components under section 511 (a) or (d) of Title 10,

U.S.C. or section 302 of Title 32, U.S.C. shall enter initial active-duty-for-training as prescribed in paragraph (c) (1) of this section, with minimum practicable delay after enlistment. The delay shall not exceed one hundred twenty (120) days except as follows:

(1) Individuals enlisting for positions requiring security clearance for access to or work with classified military information or equipment may be delayed to the extent necessary to accomplish the required clearances.

(ii) Individuals with special qualifications enlisted to fill positions requiring highly specialized skills for which appropriate formal training courses are offered only infrequently may be delayed to the extent necessary to insure that the enlistee pursues the proper course commensurate with his qualifications and the requirements of the position for which enlisted.

(iii) Delay for personnel under subdivisions (i) or (ii) of this subparagraph shall not exceed a period of one year and shall not be employed for the purpose of stockpiling personnel.

Whether or not an individual shall participate in reserve training during the delay period will be determined by the Secretary concerned.

(2) Individuals entering the reserve components under section 511(b) of Title 10, U.S.C. shall enter on active duty or enter Class A school training no later than one year following enlistment. The only exception to this requirement is the Naval Air Reserve 85-day accelerated training program. Personnel in this program will enter the initial 85-day active-duty-for-training phase of the program within the first year after enlistment.

(e) Officer training programs. Persons enlisting directly in the reserve components to participate in officer training programs requiring enlisted status for eligibility therefor may be exempt from the training and delay requirements set forth in paragraphs (c) and (d) of this section.

(f) Reserve Officers' Training Corps. Personnel enrolled in the financial assistance program of the senior division, ROTC, or the advanced course of the nonscholarship program of the senior division will not participate in a paid

training status (DoD Directive 1215.6, "Uniform Training Categories and Pay Groups Within the Reserve Forces", January 30, 1964) in any training program of a reserve component.

(g) Army and Air National Guard. In order to assure uniformity of training and discipline, members of the Army National Guard of the United States and the Air National Guard of the United States ordered to active-duty-for-training for the purpose of basic training will be ordered to that duty as Reserves of the Army or of the Air Force, as appropriate. § 132.4

Implementation.

§ 136.3 Responsibilities for Management of the Standby Reserve.

(a) Military departments. The Secretaries of the military departments are responsible for:

(1) Exercising military control over members of the Standby Reserve.

(2) Maintaining such personnel records for members of the Standby Reserve as may be required by law and determined by the military departments to be necessary.

(3) Advising individuals who are transferred to the Standby Reserve of their duty to furnish local boards with information as prescribed by § 1690.10 of this title (Selective Service Regulations).

(4) Discharging members of the Standby Reserve in accordance with the provisions of § 115.6 of this chapter.

(5) Furnishing information promptly to the Selective Service System upon the assignment or transfer of a Reservist to or from the Standby Reserve and upon any change in military status of a member of the Standby Reserve.

(i) Upon the assignment or transfer of a Reservist to the Standby Reserve pursuant to the provisions of Part 125 or 115 of this chapter, the military department will complete DD Form 8891 in accordance with the instructions printed thereon. If the Reservist concerned is a Selective Service registrant, the DD Form 889 will be sent to the State Director of the State in which the Reservist is registered. The appropriate State Director can be determined from the Selective Service number. The number is composed of four elements, the first of which is the State code. The key to State codes and the addresses of the various State Directors are shown in § 136.5. If the Reservist is not a registrant, the completed form will be sent to the State Director of the State in which the Reservist maintains his current mailing address.

(ii) Upon the transfer, discharge, or removal for any other reason of a Reservist from the Standby Reserve, the military department will promptly complete the left side of DD Form 889 and forward it to the same State Director to whom notification of the Reservist's entry into or membership in the Standby Reserve was previously addressed in

1 Filed as part of original document.