gious sect or religious organization, but who does not regularly, as a vocation, teach and preach the principles of religion and administer the ordinances of public worship as embodied in the creed or principles of his church, sect, or organization.

(c) Resignation of a commission or application for discharge must be accompanied by a statement or certificate from an appropriate official of the church, religious sect, or religious organization attesting that the reservist is a regular or duly ordained minister of religion as defined in the foregoing paragraph, or if the reservist desires to take final vows in a religious order, his resignation or application for discharge must be accompanied by a statement or certificate from an appropriate official of the religious order showing that in order to proceed further with his acceptance into the religious order, it is required that the reservist be separated from any military status he may have.

[26 F.R. 9544, Oct. 10, 1961]

Subpart C-Navy and Marine Corps

SOURCE: The provisions of this Subpart O appear at 31 F.R. 16405, Dec. 23, 1966, unless otherwise noted.

(a) Periodic explanation of types of discharge certificates. The Commandant of the Marine Corps and the Chief of Naval Personnel will, for their respective services, prescribe appropriate internal procedures for periodic explanation to enlisted members of the naval service of the various types of discharge certificates, the basis for their issuance, and their possible effects upon reenlistment, civilian employment, veterans' benefits, and related matters. As a minimum such explanation will be given each time the Articles of the Uniform Code of Military Justice (10 U.S.C. 801-940) are explained pursuant to Article 137 thereof (10 U.S.C. 937). Failure on the part of any member to receive or to understand such explanation, however, shall in no event be considered a defense in an administrative discharge proceeding or a bar thereto.

(b) Discharge for the convenience of the Government. In addition to the reasons specified in § 41.6(b) of this title, administrative separation for the convenience of the Government may be authorized, directed or further prescribed by the Commandant of the Marine Corps or the Chief of Naval Personnel in their respective services for the following reasons:

(1) For the purpose of holding public office as prescribed by the Commandant of the Marine Corps or the Chief of Naval Personnel.

(2) In the case of a married enlisted woman on active duty at her written request, provided she is not serving at a duty station which is sufficiently close to the location of her husband to permit the establishment of a joint household, and provided she meets such other conditions as may be prescribed by the Commandant of the Marine Corps or the Chief of Naval Personnel for their respective services.

(3) Obesity, provided that a medical officer certifies that the proximate cause of the obesity is the excessive voluntary intake of food and/or drink, rather than from organic or other similar causes apparently beyond the control of the member.

(4) Repeated below average or unsatisfactory markings or unfavorable or less than favorable remarks on noncommissioned or petty officer fitness or enlisted performance evaluation reports.

(5) Substandard personal behavior which reflects discredit upon the service or adversely affects the member's performance of duty, including but not limited to:

(i) A history of repeated minor disciplinary infractions, so as to present an administrative burden to the command.

(ii) Repeated overindulgence in alcoholic beverages, even though such overindulgence does not exist to a degree which would permit a medical officer to diagnose the member as an alcoholic.

(6) In the case of a member of the Naval or Marine Corps Reserve, on inactive duty, who, as a result of an annual or quadrennial physical examination required by Article 15-76, Manual of the Medical Department, or any other official physical examination, is determined by the Chief, Bureau of Medicine and Surgery, to be temporarily physically disqualified for retention in the Naval or Marine Corps Reserve or whose physical qualification status is undetermined pending further information or examination and the member fails to submit to or cooperate in such further physical examinations as are directed by competent authority in order to permit a final determination to be made regarding the member's physical qualification for retention in the Naval or Marine Corps Reserve.

(7) Upon the individual member's written request, where there is a demonstrated dependency or hardship, even though such dependency or hardship does not meet the criteria specified in § 41.6(d) of this title.

(8) Upon the recommendation of the Chief, Bureau of Medicine and Surgery, that a member of the naval service be separated for administrative reasons when such member is suffering from a condition not considered a physical disability and such condition has interfered with his performance of duty.

(9) When, as detrmined by a medical officer or his commanding officer, a member is allergic to clothing material or cannot be fitted with appropriate uniform clothing or provided with appropriate bedding.

(10) As a result of action taken with respect to the decisions or recommendations of the Naval Clemency Board, a Navy or Marine Corps Selection and Review Board, or a Navy or Marine Corps

Enlisted Performance Board or other similar board.

(11) When, as determined by a medical officer, the member suffers from motion/travel sickness (989-), as listed in Department of Defense Disease and InJury Codes (TB MED 15/NAVMED P5082/AFM 160–24).

(12) Upon the individual member's request, when a member becomes a "regular or duly ordained minister of religion,” as that quoted phrase is defined in section 16(g) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 466(g)).

(13) Upon determination by a medical officer that a member of the Naval or Marine Corps Reserve, whether on active or inactive duty, as a member of any of the various Navy or Marine Corps officer candidate, officer training, or officer procurement programs, is not physically qualified for appointment as an officer in the naval service, although the member's physical disqualification does not fall within the purview of § 41.6(f) of this title, and although the member is physically qualified to serve as an enlisted member of the naval service.

(14) Upon the written request of an individual enrolled in any of the Navy or Marine Corps Officer Candidate Programs, including the U.S. Naval Academy, to be disenrolled from such program; or when a member of any of the Navy or Marine Corps Officer Candidate Programs including the U.S. Naval Academy, is disenrolled from or fails to satisfactorily meet any of the requirements for completion of the Officer Candidate Program in which he is enrolled, provided the member is not considered qualified for enlisted status.

(15) Where a member of the Naval Reserve, or the Marine Corps Reserve (Component Class Reserve Status Code "J"), on inactive duty, becomes disqualifiled for enlistment in the Regular Navy or Marine Corps.

(16) Where a member is properly inducted, enlisted, or reenlisted, but is erroneously given a higher grade than that to which he is entitled under applicable Navy and Marine Corps directives.

(17) Where a member is properly inducted, enlisted, or reenlisted, but has more than the maximum number of dependents authorized by applicable Navy and Marine Corps directives.

(18) Where a member is properly inducted, enlisted, or reenlisted, but, because of subsequent increased height, cannot be assigned duties appropriate to his office, rank, grade, or rating.

(19) Where a member is erroneously delivered a punitive discharge before review of the adjudged punitive discharge is final and, as a result of final review, the punitive discharge is set aside, suspended, or remitted.

(20) Where a recruit, upon enlistment, concealed the fact that he was married, or where a recruit, upon enlistment, concealed a juvenile or youthful offender record.

(21) At the individual member's written request, to permit the member to enter or return to an accredited college or university.

(22) At the individual member's written request, to permit the member to take final vows in a religious order.

(23) At the individual member's written request, to permit the member to accept employment of a seasonal nature.

(24) At the individual member's written request, on the grounds of being an alien.

(25) Where a member cannot be assigned appropriate duties because of security reasons.

(26) When a member is found to be serving in a constructive enlistment.

(27) As a result of the issuance of a writ of habeas corpus wherein it has been determined that the member's retention in the naval service is illegal.

(28) Where a member of the Naval or Marine Corps Reserve on inactive duty receives formal notice of induction from the Selective Service System, or enlists in the active service of any branch of the Armed Forces; or enlists in another Reserve component of any branch of the Armed Forces, or accepts an appointment as an officer in any branch of the Armed Forces.

(29) [Reserved]

(30) Upon written request of a married woman member of the Naval or Marine Corps Reserve on inactive duty, provided she has completed a minimum of 1 year of service and has served 6 months following any period of active duty for training.

(31) When a member of the Naval or Marine Corps Reserve on inactive duty fails to complete military training, is erroneously assigned a military obligation, or demonstrates a lack of interest.

(32) In the case of a member of the Naval or Marine Corps Reserve on inactive duty who fails to comply with request for physical examination or to submit additional information in connection therewith.

(33) When a member of the Naval or Marine Corps Reserve, on inactive duty, is classified in either a IV-F or I-Y status by the Selective Service System.

(c) Record of proceedings of administrative discharge boards. The record of proceedings of each administrative discharge board will be maintained as prescribed by the Commandant of the Marine Corps or by the Chief of Naval Personnel, for their respective services, but, as a minimum, shall contain: (1) A resume of the facts and circumstances, accompanied by supporting documents upon which the recommendation of the administrative discharge board was based including a summary of the testimony of all witnesses heard by the board; (2) the identity of the counsel for the respondent and his legal qualifications; (3) the identity of the recorder; and (4) a verbatim record of the board's findings and recommendations.

[31 F.R. 16405, Dec. 23, 1966, as amended at 32 F.R. 11266, Aug. 3, 1967]

§ 730.304 Applicability.

The policy, criteria, and procedures prescribed in this subpart shall be employed in the administrative separation of any enlisted member of any component of the naval service.

Sec.

731.8 Sample arrangement for use of clini'cal and related facilities. 731.9 Procedures for appointment of trainees.

AUTHORITY: The provisions of this Part 731 issued under secs. 301, 5102(c) (16), 5351-5356, 8144, 8331-8332, 80 Stat. 379, 446, 472, 553, 564-569; 5 U.S.C. 301, 5102(c) (16), 5351-5356, 8144, 8331-8332.

SOURCE: The provisions of this Part 731 appear at 31 F.R. 15801, Dec. 15, 1966, unless otherwise noted.

This part authorizes acceptance of trainees pursuant to 5 U.S.C. 5351-5356 from accredited non-Federal institutions as affiliates for part of their training in naval Medical Department facilities, and provides procedures for their appointment.

§ 731.2 Program information.

Navy Medical Department activities have developed effective working relationships with educational institutions and professional groups through such means as exchange of information and use of services of outstanding civilian specialists in Medical Department training programs. There is a need and opportunity to further this cooperation with local educational institutions through acceptance of trainees from accredited non-Federal institutions as affiliates for part of their training. Programs have been approved for use of clinical and related facilities of some naval hospitals to provide training on a part-time basis for residents, medical students (third and fourth year), clinical psychology interns, student nurses, and other students. Such programs have proven mutually beneficial to the medical activity and to the community. § 731.3 Policy.

Within available resources and to the extent that it does not interfere with the naval Medical Department facility's basic mission, addressees may, after Bureau of Medicine and Surgery and primary support bureau, systems command or office approval, as applicable, participate in cooperative programs with accredited non-Federal educational institutions for the use of clinical and related services of naval Medical Department facilities to provide clinical learning experience for trainees assigned as affiliates for part of their training.

§ 731.4

Requirements.

Formal contracts will not be entered into. An exchange of letters will normally suffice; if desired, however, a memorandum of understanding (§ 731.8), may be entered into as a basis for assignment of trainees by the educational institution and their acceptance by the naval activity. The memorandum shall state conditions for the assignment and acceptance of trainees and the areas and extent of their training assignments. Care shall be taken to assure that documents are no more than statements of cooperative arrangements for making available existing clinical and related facilities. There shall be no obligation, expressed or implied, for the naval activity to expand its facilities or other resources for the purpose of providing training under the program.

§ 731.5 Appointment requirements.

To provide for the acceptance of trainees into the naval activity, excepted appointments shall be made under appropriate sections of schedule A of Part 213 of the Civil Service Regulations (5 CFR Part 213) and only to positions excluded from the Classification Act (5 U.S.C. 5101-5115) under 5 U.S.C. 5102(c) (16). Detailed procedures and requirements for appointment of trainees accepted from non-Federal institutions for a part of their training are contained in § 731.9.

§ 731.6 Prior approval.

On receipt of a request from an accredited non-Federal institution for assignment of trainees as affiliates, a copy of the request, together with the commanding officer's comments and recommendations, should be forwarded to the Bureau of Medicine and Surgery, or to the appropriate primary support bureau, systems command or office, via the Bureau of Medicine and Surgery, for approval. If approved, the commanding officer will be authorized to complete arrangements by exchange of letters or memorandums of understanding. § 731.7 Reporting.

When a program is operative, a letter report shall be submitted to the Bureau of Medicine and Surgery. The report shall consist of: (a) A listing by parent institution and category of trainee, e.g., "student nurses," "residentin-training (plus specialty designation),”

Re

the number of persons receiving training, and the total of trainees' time spent at the naval activity during the reported period; (b) a narrative statement giving the highlights of clinical experience and training assignments engaged in by the group; and (c) an evaluation by, and recommendations of, the command. ports shall be submitted within 30 days after completion of each program. (Reports Symbol MED-12195-2.) In the event of unsatisfactory performance of a trainee, the parent institution should be notified as soon as possible, with copy to the Bureau of Medicine and Surgery, Navy Department, Washington, D.C.

§ 731.8 Sample arrangement for use of clinical and related facilities.

(Appropriate Corps officer) to coordinate the trainees' clinical learning experiences within the (appropriate) service. This involves the planning with faculty or staff members for the assignment of trainees to specific clinical cases and experiences, including their attendance at selected conferences, clinics, courses, and programs conducted under the direction of the Facility.

4. Provide, whenever possible, in connection with the trainees' clinical learning experience, reasonable classroom, conference room, office, and storage space for participating trainees and their faculty or staff supervisors, if assigned; also, whenever feasible, dressing and locker room space.

5. Permit, upon request, the inspection of its clinical and related facilities by agencies charged with the responsibility for accreditation of the

The

(Non-Federal institution) will:

1. Provide the Commanding Officer of the Facility with the number of trainees to be assigned, the dates and hours that they will be assigned, and the clinical service to which they will be assigned, no later than the beginning of each training period.

2. Where indicated provide faculty or staff members to assume the responsibility for instruction and supervision of the trainees' clinical learning experiences.

3. Have the supervising faculty or staff member, if any, plan in coordination with designated (-----. Corps officers) the assignment that will be assumed by the trainees while participating in their clinical learning experience; also, their attendance at selected conferences, clinics, courses, and programs conducted under the direction of the Facility.

4. Provide and maintain the personal records and reports necessary for the conduct of the trainees' clinical learning experience.

5. Enforce rules and regulations governing the trainees mutually agreed upon by the non-Federal institution and the Facility.

6. Be responsible for health examinations and such other medical examinations and protective measures as the Facility and non