Civil Service Commission, SF-50, Notification of Personnel Action1 or equivalent form, will be completed and provided the appropriate finance center for each accession of a retired officer of the uniformed services. Regulations applicable to nonappropriated fund activities will be uniform to the maximum extent possible.

(b) The Assistant Secretary of Defense (Manpower) may require such special reports from time to time on the operations of DoD components under this part and 5 U.S.C. 3326 as he considers necessary. This will be done under appropriate report control procedures.

PART 80-PERMANENT-RESIDENCE ALIENS SERVING IN ARMED FORCES OF UNITED STATES TO FULFILL NATURALIZATION REQUIREMENTS; SEPARATION OF

Sec.

80.1 Purpose and applicability. 80.2 Definitions.

80.3 Policy.

AUTHORITY: The provisions of this Part 80 Issued under sec. 301, 80 Stat. 379; 5 U.S.C. 301.

SOURCE: The provisions of this Part 80 appear at 31 F.R. 16188, Dec. 17, 1966, unless otherwise noted.

§80.1 Purpose and applicability.

This part reissues Assistant Secretary of Defense (Manpower) and Deputy Assitant Secretary of Defense (Manpower) memoranda to Secretaries of Military Departments, "Permanent-Residence Aliens Serving on Enlistments of Three or More Years," January 30, 1959, and May 12, 1966, and furnishes policy guidance to the Secretaries of the military departments governing discharge or release from active duty in the armed forces of the United States of permanent-residence aliens who desire to be naturalized as U.S. citizens under the provisions of the Act of June 27, 1952, section 328 (66 Stat. 249; 8 U.S.C. 1439).

(1) Has been lawfully admitted to the United States for permanent residence; (2) Was separated from the military service under honorable conditions;

(3) Files a petition while still in the military service, or within six (6) months after the termination of such service; and

(4) Can comply in all other respects with the Immigration and Nationality Act of 1952, except that (i) no period of residence or specified period of physical presence in the United States or the State in which the petition for naturalization is filed is required, and (ii) residence within the jurisdiction of the court is not required.

(b) The prescribed 3-year period may be satisfied by a combination of active duty and inactive duty in a reserve status.

(c) Alien personnel desiring to fulfill naturalization requirements through military service shall not be separated prior to completion of three (3) full years of active duty unless:

or

conduct

(1) Their performance does not justify retention, in which case they shall be separated in accordance with the provisions of DoD Directive 1332.14, "Administrative Discharges," dated December 20, 1965, or Chapter 47, Title 10, U.S.C. (Uniform Code of Milltary Justice), as appropriate; or

(2) They are to be transferred to inactive duty in a reserve component in order to

(i) Complete a reserve obligation under the provisions of DoD Directive 1200.13, "Ready Reservists Involuntarily Ordered to Active Duty, Delay; Exemption; Early Release of," dated May 21, 1962, or

(ii) Attend a recognized institution of higher learning under the early release program, as provided in DoD Directive 1332.15, "Early Release of Military En

listed Personnel for College Enrollment," dated December 8, 1959.

(d) Caution shall be exercised to insure that an alien's affiliation with the armed forces of the United States, whether on active duty or on inactive duty in a reserve status, is not terminated even a few days short of the 3-year statutory period, since failure to comply with the exact 3-year requirement of the Act of June 27, 1952, section 328 (66 Stat. 249; 8 U.S.C. 1439) will automatically preclude a favorable determination by the Immigration and Naturalization Service on any petition for naturalization based on an alien's military service.

in the matter. The member will be encouraged to render the necessary financial support to the child and any other action considered proper in the circumstances will be taken.

(b) Members not on active duty. (1) Allegations of paternity against members of the armed forces who are not on active duty will be forwarded to the individual concerned in such manner as to insure that the charges are delivered to the addressee only. Military channels will be used when practicable.

(2) When requested by the complainant, the last known address of inactive members may be furnished under the same conditions as set forth for former members under paragraph (c) (2) (1) and (ii) of this section.

(c) Former members. (1) In all cases of allegations of paternity against former members of the armed forces who have been completely separated from the services, i.e., those members now holding no military status whatsoever, the claimant will be informed of the date of discharge and advised that the individual concerned is no longer a member of the armed forces in any capacity and that the Military Departments assume no responsibility for the whereabouts of individuals no longer under their jurisdiction. The correspondence and all accompanying documentation will be returned to the claimant.

(2) In addition, the last known address of the former member will be furnished to the claimant:

against the

(i) If the complaint former member is supported by a certified copy of either:

(a) A judicial order or decree of paternity or support duly rendered against a former member by a United States or foreign court of competent jurisdiction; or

(b) A document which establishes that the former member has made an official admission or statement acknowledging paternity or responsibility for support of a child before a court of competent jurisdiction, administrative or executive agency, or official authorized to receive it; and/or

(ii) In cases where the complainant, with the corroboration of a physician's affidavit, alleges and explains an unusual medical situation which makes it essential to obtain information from the alleged father to protect the physical health of either the prospective mother or the unborn child.

This part standardizes DD Form 1580 for issuance to active duty members of the Armed Forces (referred to in this part as "member") for the purpose of affording:

(a) The member-proper identification as an individual who qualifies for certain reduced fares and travel privileges prescribed in air carrier tariffs; and

(b) The commercial air carrier concerned-a facilitated means of determining the leave status of the individual, and as applicable, eligibility for priority considerations as specified in air carrier tariffs.

[32 F.R. 12845, Sept. 8, 1967]

§ 82.2 Applicability.

The provisions of this part apply to all component agencies of the Department of Defense.

(a) Issuance. DD Form 1580 will be issued to the member upon his request, contingent upon official authorization to be absent from duty as the result of: Leave; delay en route; pass or liberty; and discharge. As used in this part and in air carrier tariffs, the term "Discharged” includes members who have been "separated".

(1) The certifying officer may be a commissioned officer, noncommissioned officer, warrant officer, or civilian employee of the Military Services who (i) may authorize official orders, passes, or liberty, or (ii) has been delegated authority to screen orders, leave, pass, or discharge papers to determine a member's status.

(2) Five or more certified copies of DD Form 1580 will be furnished to the member for use as follows: One copy for the ticket issuing agency, and one for each commercial flight on which the member intends to travel.

(3) The issuance of DD Form 1580 will not substitute for official authorization for the member to be absent from duty. Air carriers have reserved the right to inspect leave, pass, or furlough papers and identification of the member.

(b) Preparation of DD Form 1580. (1) Items 1 through 7 refer to the member authorized to be absent from duty:

(i) Use item 4 to show the member's present duty organization and station, or his next duty station if authorized a delay en route in connection with a change in duty stations.

(ii) Use item 5 to show the date on which travel will actually begin. This date will be (a) within 5 days prior or 5 days following the effective date on leave orders or travel orders which authorize a delay en route or (b) the date on which pass or liberty is granted or (c) date of discharge.

(iii) The period of authorization (the number of days between the beginning date in item 5 and the ending date in item 6) will not exceed 1 day in excess of: (a) The days of absence authorized by leave orders, a pass, or liberty; or (b) the travel time between duty stations plus the amount of leave authorized for delay en route; or (c) 6 days following the date of honorable discharge.

(iv) Check item 7A if the member is authorized leave in connection with a family emergency. If 7A is checked, the airport city and state nearest the emergency leave destination of the member must be shown in the space following the heading marked destination.

(v) Check item 7B if the member is authorized leave to or from an overseas combat area, or is granted convalescent leave for injury or illness resulting from duty in the combat area as defined in Executive Order 11255, dated November 1, 1965.

(vi) Check item 7C in the appropriate box for any other leave authorized by official orders not described in the preceding: For members having a pass; for members granted liberty; and for members who have been honorably discharged from military service.

(2) Items 8 through 12 are for the identification of the officer making the certification (see par. (a)(1) of this section).

(3) Items 13 and 14 are reserved for the use of the airline concerned, and will be left blank at the time of issue to the member.

[31 F.R. 16495, Dec. 24, 1966, as amended at 32 F.R. 12845, Sept. 8, 1967]

(a) The Secretary of Defense will establish the recruiting objectives for each of the Services under the Medically Remedial Enlistment Program.

(b) The Secretaries of the Military Departments will be responsible for:

(1) Meeting the procurement objectives of the program established for their Service.

(2) The determination of the acceptability of applicants for enlistment under the program.

(3) Processing of applicants after acceptance for enlistment, including the determination of whether medical care will be provided by the hospitals of their Service, or requested from other Service hospitals, the Veterans Administration, or the Public Health Service.

(c) The Secretary of the Army, as Executive Agent for Armed Forces Examining and Entrance Stations and the Armed Services Medical Regulating Office, will be responsible for:

(1) Administration of medical examinations necessary to determine the remediability of medical conditions in § 83.3 and arranging for supplementary medical examinations and consultations considered to be necessary to make this determination.

(2) Processing applicants for the Medically Remedial Enlistment Program while they are in AFEES.

(3) Arrangements, through the Arme Services Medical Regulating Office, fo medical care in the hospitals of othe Services, the Veterans Administration or the Public Health Service, when re quested to do so by the Service concerned § 83.3 Criteria for selection of appli

cants.

The applicant will:

(a) Except for the medical condition listed in paragraph (c) of this section, b otherwise qualified.

(b) Volunteer for enlistment or induc tion, including a written agreement tha he will submit to the appropriate pro cedures, if accepted. (Verification o parental consent will be obtained fo persons under 18 years of age. Delaye enlistments may be utilized where con sidered appropriate by the Military Serv ices concerned.)

(c) Have one of the following defect determined by a medical specialist to b susceptible of correction to the exten that the applicant will be fit to undertak basic training 6 weeks after treatment (1) Pilonidal cyst or sinus.

(2) Hemorrhoids.

(3) Undescended testicle, unilateral. (4) Varicocele.

(5) Hydrocele.

(6) Hernia of the abdominal cavity. (7) Over maximum weight by not more than 15 percent.

(8) Under minimum weight by not less than 10 percent.

(d) If applicant is a member on active duty whose medical defect occurs or is discovered during basic training, the Service concerned may change the enlistment contract to an enlistment under the Medically Remedial Enlistment Program for members who otherwise meet the criteria of this § 83.3.

[31 F.R. 16351, Dec. 22, 1966, as amended at 32 F.R. 7175, May 12, 1967; 32 F.R. 7771, May 27, 1967]

Remedial Enlistment Program prior to forwarding them to AFEES.

(b) The Chief, Medical Examining Section, AFEES, will be responsible for administering the medical examination, including arrangements for supplementary medical consultations and tests necessary to determine remediability under § 83.3.

(c) The Chief, Medical Examining Section, AFEES, will determine whether the applicant is medically qualified or unqualified for the Medically Remedial Enlistment Program. The AFEES will inform the Service concerned that the applicant is qualified under the Medically Remedial Enlistment Program, and will furnish appropriate medical records and other documents to the enlisting Service.

(d) The Service concerned will make the determination of whether or not to enlist an applicant. If accepted, the applicant will be enlisted by waiver of physical standards under a signed enlistment contract which includes an agreement to undergo the therapeutic procedures necessary to remedy his medical condition. The applicant may then be enlisted under a regular enlistment program or a delayed entry enlistment program. Applicants enlisted under § 83.3 (d) may have their qualifications for the Medically Remedial Enlistment Program determined by the Medical Officer of a Training Center.

(e) If the Service enlists the applicant under regular enlistment procedures, AFEES will follow normal procedures of shipment to the reception station. If the member is enlisted under a delayed entry program, the AFEES will release the member to the Control Group specified by the Service.

(f) The Service concerned will subsequently process the member enlisted under the Medically Remedial Enlistment Program. The Service will make a determination whether to furnish medical care through one of its Service hospitals For to request the Secretary of the Army, as Executive Agent for the Armed Services Medical Regulating Office, to arrange medical care by hospitals of the other Services, the Veterans Administration, or the Public Health Service. The Service concerned will process appropriate orders for movement of individuals for medical care. After discharge by hospital authorities, the member under the Medically Remedial Enlistment Program will enter a special training

unit or medical holding unit for the remainder of his medical recovery period or a regular base training company. The assignment for regular basic training will be made on the basis of appropriate medical consultation.

(g) After completion of his remedial period, or in a reasonable time thereafter, the member under the Medically Remedial Enlistment Program will be subject to existing regulations governing discharges.

[31 F.R. 16351, Dec. 22, 1966, as amended at 32 F.R. 7175, May 12, 1967]

§ 83.6 Funding.

Each Service will budget for its costs of the program, except that the Army will budget for the medical examination costs of the program incurred at AFEES. § 83.7

Reporting requirements.

(a) Existing reporting requirements will be modified to report the following information monthly:

(1) AFEES Reports. (i) Number of rejections for conditions cited in § 83.3 (c).

(ii) Number of applicants for Medically Remedial Enlistment Program.

(iii) Number of applicants medically qualified for Medically Remedial Enlistment Program, by diagnosis.

(i)

(2) Military Department Reports. Number of requests for waiver after certification of medical qualifications, by diagnosis.

(ii) Number of requests for waiver approved, by diagnosis.

(iii) Therapeutic procedure involved. (iv) Noneffective days resulting from therapeutic procedures.

(v) Cost of therapeutic procedure.

(b) Identifying data on a name basis will be maintained for all men entering the program. The same minimum data elements as are maintained for Mental Group IV accessions under revised standards will be maintained for this program. (c) A reporting instruction will be issued subsequently.

§ 83.8 Effective date and implementation.

The effective date of this part will be February 1, 1967. Two (2) copies of Service regulations implementing the part should be furnished by the Military Departments to ASD(M) within thirty (30) days of the date of issuance of this part.