§ 54.2 Definitions.

For purposes of this part:

(a) Dependent school children are those minor dependents of military and civilian personnel of the DoD residing on military installations attending primary or secondary schools.

(b) Walking distance: Any distance of 1 mile or less between a school and a child's residence shall be considered walking distance.

(c) Reasonable distance: In connection with providing transportation to private schools, reasonable distance shall be deemed to be 20 miles from the entrance of the installation nearest the school.

(d) Regular means of transportation: Includes regular public school transportation, regular private school transportation, regular inter/intra installation transportation or any combination of such means of transportation. In the case of secondary school children, it also includes regular public transportation.

(e) Accessibility: A school will be considered accessible if it is within walking distance or if the regular means of transportation and walking distance would involve an elapsed travel time of 1 hour or less each way.

(f) Local public school is the public school designated by the local educational agency to serve an attendance area in which a dependent child resides. § 54.3 Authorities.

(a) Under 20 U.S.C. 236-244, the U.S. Office of Education, Department of Health, Education, and Welfare, was given authority to extend Federal assistance to eligible local educational agencies providing education for children residing on Federal property (requirements: To be eligible, a school district must have the lesser of 400 or 3 percent of the total number of children who are in average daily attendance either residing on Federal property or residing with a parent employed on Federal property or whose parent is on active duty as a

member of the Uniformed Services during the year of application. If eligibility is met on the basis of the percentage, then there must be at least 10 federally connected children in average daily attendance) including military installations.

(1) In consideration for this assistance, the local educational agencies providing transportation to school children in their districts also provide such transportation to school children residing on military installations.

(2) Should local educational agencies under obligation to provide transportation for children residing on military installations lack the necessary facilities, transportation may be provided by the DoD, with reimbursements from (i) the local educational agency, or (ii) in certain instances, from funds withheld from the local educational agency by the Commissioner of Education.

(b) The annual Appropriation Acts of the DoD extend to all the Military Departments the authority conferred upon the Department of the Navy by 10 U.S.C. section 7204 (a) (2) to provide funds specifically appropriated for the purpose of transportation for dependents between the school and the activity when the schools are not accessible by regular means of transportation (or when the Secretary of the Military Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for education of such dependents).

DoD transportation facilities will be used for transportation of dependent school children only as specifically provided in this part.

(a) Transportation may be provided to: (1) Local public schools when the school is not accessible.

(2) Nearby public schools, other than the local public schools when:

(i) The nearby public school is not accessible; and

(ii) The Secretary of the Military Department concerned has determined that local public schools in which the children would normally be enrolled are unable to provide adequately for their education; that attendance at other public schools (to include public schools for the handicapped) in the local educational agency district of residence can be arranged; and that transportation is not authorized under the provisions of 10 U.S.C. 234-244.

(3) Adequate private schools within a reasonable distance, provided:

(i) The private school is not accessible and private school transportation, either with or without cost to the child, is not available; and

(ii) The parent of the child submits a written request for transportation setting forth the reasons therefore.

(iii) The military commander concerned determines either that:

(a) The public schools, if any, available in the locality are unable to provide adequately for the education of the child concerned; or

(b) The general morale of the personnel concerned would be served by providing transportation for those desiring to attend a private school; or

(c) The vehicles authorized for transporting dependent school children to public schools have extra space and can convey those attending private schools without materially deviating from the established route to the public school.

(b) Transportation may be furnished under DoD Appropriation Acts only when the U.S. Commissioner of Education advises that it is not authorized under the provisions of 20 U.S.C. 236-244.

(c) Only one trip to the school and one trip from the school per school day is authorized for any one child.

(d) When more than one military installation is involved, transportation arrangements will be coordinated to the maximum extent possible.

(e) Where it is necessary for a Military Department to provide transportation for dependents to public schools or to schools operated on military installations for dependent children, written agreements shall be entered into with the local educational agency as to the services and facilities to be furnished and the arrangements for reimbursement.

(f) Reimbursable costs shall be credited to applicable appropriations and shall consist of costs incident to operation, maintenance, and depreciation of the equipment, including, but not limited to: Fuel, oil, and other consumable supplies used, as well as the compensation of drivers (military or civilian) directly engaged in providing the transportation service.

(1) The cost of compensation of civilian drivers shall be computed on the basis of their gross payroll compensation for fringe benefits.

(2) The cost of the compensation of military drivers shall be computed on the basis of the reimbursement rates for military personnel set forth in DoD Instruction 7220.15, "Budgeting and Accounting for the Cost of Military Personnel Service," June 1, 1966.1

(g) Dependent school children may use available regularly scheduled DoD transportation within and between installations when traveling to and from school in order to make connections with regular means of transportation. Similarly, special transportation may be provided within the installation where to do so would serve to make schools accessible by regular means of transportation.

§ 54.5 Exceptions.

(a) The Secretary of a Military Department, or a statutory employee designated by him, may permit exceptions to be made by the military commander of an installation when the route to school is through areas of heavy traffic, blighted urban or residential districts, or potentially dangerous industrial or construction area; the age of the children involved shall also be considered. All other exceptions must be approved by the Secretary of the Military Department concerned or his designee.

(b) In requesting exceptions for Secretarial consideration, the military commander concerned shall forward factual data and documentation to show why it I would be clearly detrimental to the welfare of the personnel concerned not to make exceptions.

§ 55.2 Applicability.

This part applies to all Military Departments in the administration of members of reserve components.

§ 55.3 Policy.

(a) Each member of the Ready Reserve who is not on active duty shall be examined as to his physical fitness at least once every four years, or more often as the Secretary concerned considers necessary, and shall execute and submit annually a certificate of physical condition.

(b) Each member of the Standby Reserve in an active status, or on an inactive status list, shall execute and submit annually a certificate of physical condition.

(c) Members of the Standby Reserve may be examined as to their physical condition if the Secretary concerned considers such action necessary.

(d) Physical examinations will be reported on Standard Form 88, "Report of Physical Examination" and Standard Form 89, "Report of Medical History." To accomplish physical examinations, the Military Departments are authorized to use jointly all available medical facilities and to award points creditable toward retirement to medical reservists not on active duty for administering physical examinations or to use civilian physicians on a reimbursable basis where governmental medical facilities are not available.

(e) The following action may be taken in regard to those reservists failing to submit such information as may be requested by the appropriate Secretary after every reasonable effort has been made to obtain such information:

(1) Reservists having obligation under the Universal Military Training and Service Act, as amended, may be ordered to active duty or active duty for training, as deemed appropriate under the provisions of section 672(b), Title 10, U.S. Code, for the purpose of securing the necessary information.

(2) All other reservists may be considered for discharge pursuant to section 1162(a) of Title 10, U.S. Code.

PART 56-INTER-SERVICE TRANSFER OF OFFICERS (REGULAR)

Sec.

56.1 Purpose.

56.2 Applicability and scope.

This part establishes the policies which will govern implementation of 10 U.S.C., section 716 (P.L. 85-599) with respect to the transfer of commissioned officers between the Regular components of the Army, Navy, Air Force, and Marine Corps.

§ 56.2 Applicability and scope.

The provisions of this part apply to officers holding Regular commissions in the armed services, except officers of the medical services. The inter-service transfer of Regular officers holding commissions in the medical services will continue to be accomplished under existing regulations (DoD Instruction 1205.1, "Implementation of the Universal Military Training and Service Act with Respect to Medical and Dental Registrants," Section XI., September 27,

(a) It is the policy of the Department of Defense that a Regular 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.

(1) 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.

(2) Transfers will be made only within authorized strength limitations.

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

§ 56.4 Procedures.

(a) Requests for transfer will be initiated by (1) an appropriate agency of the military department desiring the

services of an officer serving in another department, or by (2) the officer himself:

(i) By a Military Department Agency. If the transfer is initiated by other than the officer himself, request for transfer will be forwarded to the Secretary of Defense through the Secretaries of the gaining and losing Departments and will be accompanied by a statement that the officer concerned consents to the proposed transfer.

(ii) By the officer. (a) If initiated by the officer himself, the request will be forwarded through military channels to the Secretary of the military department in which he is presently commissioned, and will be accompanied by a justification of the requested transfer as being in the interest of national defense and the individual officer.

(b) The Secretary of the losing Department will forward the request to the Secretary of Defense through the Secretary of the gaining Department. Both Departmental Secretaries will indicate their concurrence or non-concurrence in the requested transfer.

(b) Inter-service transfers will be approved by the Secretary of Defense for the President.

(c) 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 total military service.

(d) An officer transferred under provisions of this part will be placed on the applicable promotion list or lineal list of the armed force to which he is transferred in an appropriate position as determined by the amount of promotionlist service with which he was credited in his parent service on the day prior to his transfer. His permanent grade and date of rank will be determined by applying that amount of promotion-list 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 parent service on the day prior to his transfer.

(e) 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.

This part carries out the provisions of 36 U.S.C. 176; 179-182 hereinafter referred to as "the Act," by:

(a) Describing an approved design for a service flag and service lapel button,

(b) Providing for the licensing of persons to manufacture and sell the approved service flag and service lapel button, and

(c) Providing rules for the display of the service flag and the wearing of the service lapel button.

§ 57.2 Applicability.

The provisions of this part are applicable to the Department of the Army for implementation and to the Departments of the Army, Navy, and Air Force for information.

§ 57.3 Definitions.

(a) "Members of the immediate family" include wife, husband, mother, father, stepmother, stepfather, parent through adoption, foster parents who stand or stood in loco parentis, children, stepchildren, children through adoption, brothers, sisters, half brothers, and half sisters.

(b) "Organization" includes those group organizations such as churches, schools, colleges, fraternities, sororities, societies, and places of business with which the member of the Armed Forces was or is associated. § 57.4 Policy.

(a) The service flag authorized by the Act may be displayed in a window of the place of residence of persons who are members of the immediate family of a

person serving in the Armed Forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged, for the duration of such period of war or hostilities.

(b) The service flag may be displayed by an organization to honor the members of that organization serving in the Armed Forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged, for the duration of such period of war or hostilities.

(c) The service lapel button authorized by the Act may be worn by members of the immediate family of a person serving in the Armed Forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged, for the duration of such period of war or hostilities.

§ 57.5 Delegation of authority.

The Secretary of the Army is hereby designated to act as the executive agent of the Secretary of Defense for the purpose of granting certificates of authority for the manufacture and sale of service flags and service lapel buttons conforming to the approved design described herein; providing appropriate design instructions to manufacturers; and administering the provisions of 36 U.S.C. 181, under which any person, firm, or corporation who manufactures such service flag or service lapel button without having first obtained such a certificate of authority, or otherwise violates the provisions of the Act, shall, upon conviction thereof, be fined not more than $1,000.

(a) A design for the service flag is approved as follows:

(1) Flag for immediate family. On a white rectangular field a blue star or stars within a red border.

(i) The number of blue stars will correspond to the number of individuals from the "immediate family" who are symbolized on the flag.

(ii) The flag horizontally displayed will have the stars arranged in a horizontal line or lines with one point of each star up (figure 1).1

(iii) The flag described in subdivisions (i) and (ii) of this subparagraph may be displayed vertically (figure 2).1

(iv) If the individual symbolized is killed or dies while serving, from causes other than dishonorable, the star representing that individual will have superimposed thereon a gold star of smaller size so that the blue forms a border. When the flag is suspended, as against a wall, the gold star shall be to the right of, or above, the blue star (figures 1 and 4).1

(2) Flag for organizations. The flag for organizations will correspond to that described for an immediate family, above, subject to the following additional provisions:

(i) Instead of using a separate star for each member, one star may be used with the number of the members indicated by Arabic numerals, which will appear below the star.

(ii) If any members are deceased as determined under the circumstances cited in subparagraph (1)(iv) of this paragraph a gold star will be placed nearest the staff, or above the blue star in the case of a flag used in a vertical display (figures 3 and 4). Below this star will be the Arabic numerals.

(iii) The gold stars in both cases will be smaller than the blue stars so that the blue will form a border. The numerals in all cases will be in blue.

(3) Color and relative proportions. The shades of colors used in the flag and the relative proportions shall be in accordance with manufacturing instructions furnished to licensed manufacturers by the Department of the Army.

(b) Service lapel button. The service lapel button shall be a blue star on a white rectangular field within a red border, 3/16 inch x % inch in overall size (figure 5). The shades of colors and the detailed dimensions shall be in accordance with manufacturing instructions furnished to licensed manufacturers by the Department of the Army.

§ 57.7 Display of the service flag.

(a) The service flag shall be treated with dignity and respect. When displayed with the flag of the United States, the service flag shall be of approximately equal size but never larger than the flag of the United States. The flag of the United States will occupy the position of honor.

(b) When the service flag is displayed other than by being flown from a staff,

1 Filed as part of original document.