only upon approval of the Secretary of the Military Department concerned. Students successfully completing the technical track and the ROTC requirements may be considered upon enlistment for advanced promotions, waiver of basic technical training, and advanced technical training provided they can pass examinations prescribed by the Secretaries of the Military Departments to validate their level of technical proficiency.

(b) Establishment of Junior ROTC at schools. Secondary educational institutions desiring to establish ROTC units or to continue established units will agree:

(1) To maintain an ROTC enrollment of no less than 100 physically fit male students who are at least 14 years of age and are citizens of the United States.

(2) To employ retired officers and enlisted men whose qualifications are approved by the Secretary of the Military Department concerned to administer the basic military orientation courses. Retired personnel so employed shall receive their retired or retainer pay and an additional amount equal to the difference between their retired pay and the active duty pay and allowances, excluding hazardous duty pay, which they would receive if ordered to active duty. The institution is the employing agency and shall pay the full additional amount due to the individual employed. One-half of the additional amount shall be paid to the institution by the Secretary of the Military Department concerned from funds appropriated for that purpose. Any duties desired by the institution in addition to those connected with ROTC instruction, and the operation and administration of the ROTC program must be separately contracted between the school and the individual ROTC instructor at no cost to the Military Department. This does not preclude ROTC instructors from serving on routine committees or performing other extracurricular duties normally performed by other faculty members. Where an individual employed as an ROTC instructor enters into a contract with the institution to provide services which are not part of ROTC instruction, these services must be performed outside the scope of and the hours prescribed for his ROTC duties if any additional sum is paid for these services. The institution is responsible for advising the Secretary of the Military Department concerned of any change of employment

status of retired personnel employed a that institution.

(3) To provide suitable safeguards fo the Government property provided Such safeguards will include, but not b limited to, employment of clerical an maintenance personnel required to issu account for and maintain the Govern ment property provided; bonds and/o insurance to cover loss and damage the property.

(4) Not to discriminate against stu dents or instructors on the grounds d race, color, or national origin.

(5) To provide adequate facilities fo classroom instruction, storage of arm and other equipment which may be fur nished in support of the unit, and ade quate drill areas at or in the immediat vicinity of the institution, as determine by the Secretary of the Military Depart ment concerned.

(6) To provide the required courses o instruction and maintain the standard prescribed by the Secretary concerned

(7) To require all students enrolle in ROTC to participate in a physica education program conducted by the school.

(c) Instructors. (1) The Secretary of the Department may authorize one active duty officer, O-4 or below, and one active duty enlisted man, E-7 01 below, for an assignment as instructors at each military institute or high school level of MJC schools. Additional instructors desired by military institute and the secondary level of MJC schools will be acquired through the employmen of retired personnel on the same basi as any other school conducting the Junior ROTC program. Active duty personnel assigned to military institute and the high school level of MJC school count against student instructor ratio a set forth below.

(2) Retired officer and noncommis sioned officer instructors whose qualifications and subsequent performance of duty meet the standards prescribed by the Secretary concerned, will be authorized as follows: Single and multiple units will be authorized one retired officer instructor per 500 enrolled ROTC students or major fraction thereof and one retired enlisted instructor per 100 enrolled ROTC students or major fraction thereof. As exceptions to the above, any school qualifying for a Junior ROTC unit will be authorized at least one officer, and where necessary the Secretary of the Military Department

concerned may authorize substitution of officer for enlisted instructors, and vice versa, within the above authorizations. Supervisory personnel for multiple units will be obtained by organizing the multiple unit in such a way that these limitations are not exceeded. Multiple unit organization and management will be established wherever possible, thereby minimizing the number of instructors required and reducing costs to both the schools and Military Departments concerned.

(3) Retired instructors are employees of the school and are responsible to 1 school authorities for conduct of the program. They must meet Service requirements and maintain standards acceptable to the Military Department concerned. The Secretary concerned will hold the school authorities responsible for the conduct of the program as prescribed.

= (d) Students. (1) Students must be male citizens at least 14 years of age who meet the physical standards prescribed by the Secretary of the Military Department concerned to enroll in the Junior ROTC.

(2) Tests and cut off scores to qualify for the Junior ROTC training may be prescribed by the Secretary concerned. (e) Supply and maintenance. The Secretaries of the Military Departments may authorize equipment to be issued to a designated official of the educational institution concerned.

(1) He may authorize the issuance of any military equipment needed for the military training program prescribed by him, provided the equipment is not needed for training of the regular and reserve components of that Department.

(2) Where the Secretary concerned considers the military requirement for individuals trained in a technical skill to warrant the action, he may provide excess and surplus military equipment to schools for the particular technical training courses allied to military requirements.

(3) Spare parts, tools, cleaning materials, technical publications and other materials deemed necessary for the maintenance of the equipment may be issued.

(4) The Secretaries concerned will authorize the issuance of necessary text materials, individual equipment, and uniforms.

(5) Transportation charges for shipment to and from the institution, includ

99-171-69- -10

ing packaging and handling charges, will be paid by the Military Department concerned. All other costs incident to maintenance and local storage and safeguarding of the property will be paid by the institution.

(f) Disestablishment of Junior ROTC programs. When a Secretary determines that a Junior ROTC unit does not meet the standards desired, school authorities concerned will be notified that the unit will be placed on a 1-year probationary status not later than the beginning of the next academic year. Disestablishment of unit will be effective at the conclusion of the probationary year provided the reason for the probationary status has not been resolved.

[31 F.R. 898, Jan. 22, 1966, as amended at 31 F.R. 2681, Feb. 12, 1966; 33 F.R. 5875, Apr. 17, 1968]

PART 115-ASSIGNMENT TO AND TRANSFER BETWEEN RESERVE CATEGORIES, AND DISCHARGE FROM RESERVE STATUS

Sec.

115.1 Purpose.

115.2 Applicability.

115.3

115.4

115.5 115.6

Original assignment to Reserve status.
Transfer to the Standby Reserve.
Transfer from the Standby Reserve.
Discharge.

AUTHORITY: The provisions of this Part 115 issued under R. S. 161, secs. 4, 6, 16, 62 Stat. 605, as amended, 609, as amended, 624, as amended, secs. 269, 1003, 1162, 1163, 70A Stat. 12, 79, 89; 5 U.S.C. 301, 50 U.S.C. App. 454, 456, 466, 10 U.S.C. 269, 1003, 1162, 1163.

SOURCE: The provisions of this Part 115 appear at 25 F.R. 14380, Dec. 31, 1960, unless otherwise noted.

and sec. 269 (a), 70A Stat. 12, 10 U. S. C. 269 (a), upon release from active duty;

(2) Appointment as a Reserve Officer and assignment to the Ready Reserve under provisions of subsection 6 (d), 62 Stat. 611, 50 U. S. C. App. 456, and sec. 269 (a), 70A Stat. 12, 10 U. S. C. 269 (a); (3) Entry (appointment or enlistment) into the National Guard of the United States or Air National Guard of the United States in accordance with provisions of sec. 269 (b), 70A Stat. 12, 10 U. S. C. 269 (b), as affected by secs. 101, 3077 and 8077 thereof;

(4) Direct entry under the provisions of sections 261 and 262 of 69 Stat. 600, 50 U. S. C. 1012, 1013, or of clause (C), paragraph (2), subsection 6 (c) of 62 Stat. 610, as amended, 50 U. S. C. App. 456; or

(5) Direct voluntary entry (appointment or enlistment) of an individual into the Ready Reserve, other than as provided above.

(b) Standby Reserve. Direct assignment to the Standby Reserve without prior membership in the Ready Reserve may be attained:

(1) In accordance with the provisions of paragraph (3), subsection 4 (d) of 62 Stat. 607, as amended, 50 U. S. C. App. 454, and paragraph (1) of subsection 269 (e), 70A Stat. 12, 10 U. S. C. 269, upon release from five or more years of active training and service; or

(2) By direct voluntary entry of an individual not serving under a statutory obligation and not otherwise subject to military service.

(c) Retired Reserve. Direct assignment and transfer to the Retired Reserve may be accomplished under the provisions of Department of Defense Directive No. 1200.4, subject: The Retired Reserve of the Reserve Forces, dated December 20, 1957.

§ 115.4 Transfer to the Standby Re

serve.

(a) Each individual who has served five or more years on active training and service in the Armed Forces of the United States but who has an unfulfilled portion of his total military obligation remaining upon release therefrom, shall, if otherwise qualified therefor and a suitable vacancy exists, be afforded the opportunity to execute a written request to be assigned to the Ready Reserve for a period of at least one year. If such op

portunity is declined, the individual shall be placed in the Standby Reserve.

(b) Individuals enumerated below shall, if otherwise qualified therefor and a suitable vacancy exists, be afforded the opportunity to remain in the Ready Reserve for a period of at least one year. If such opportunity is declined, they shall be transferred to the Standby Reserve.

(1) Those who have served on active duty and participated satisfactorily in accredited training programs of the Ready Reserve for a combined total of five or more years;

(2) Those who have completed the periods of active duty and Ready Reserve participation prescribed in section 263 of 69 Stat. 602, 50 U. S. C. 1014;

(3) Those who qualify for such transfer under provisions of paragraphs (3) and (4) of subsection 269 (e), 70A Stat 12, 10 U. S. C. 269, unless such transfer would render them liable to induction for active training and service.

(c) All voluntary agreements to be assigned to or remain in the Ready Reserve will provide that:

(1) The Reservist may be transferred to the Standby Reserve by the appropriate Secretary at any time for cogent reasons;

(2) Under provisions of subsection 269 (e), 70A Stat. 12, 10 U. S. C. 269, the individual waives his right to transfer to the Standby Reserve while serving under such agreement;

(3) The period of voluntary membership shall be of not less than one year's duration.

(d) Transfer to the Standby Reserve under the screening process prescribed in Part 125 of this subchapter of individuals otherwise subject to continued membership in the Ready Reserve will be accomplished under the authority of subsection 269 (f), 70A Stat. 13, 10 U.S. C. 269.

(e) Transfer to the Standby Reserve of members of the National Guard of the United States or Air National Guard of the United States will be subject to the provisions of subsection 269 (g), 70A Stat. 13, 10 U. S. C. 269.

(f) Assignment to the Inactive Status List of the Standby Reserve is governed by Department of Defense Directive No. 1200.2, subject: Inactive Status List of the Standby Reserve, dated June 25, 1959, and retention thereon by Department of Defense Directive No. 1235.1,

subject: Policy on Direct Appointments and on Adjustments, at Time of Entry into Active Military Service, of Grades of Civilian Specialists in the Reserve Forces Who Are Not Otherwise Expressly Provided for by Law, dated July 11, 1955.

(g) Individuals may be voluntarily retained in or transferred to the Standby Reserve for periods beyond expiration of statutory obligation, under such directives as may be issued by the Secretaries of the military departments.

§ 115.5 Transfer from the Standby

Reserve.

(a) Any member of the Standby Reserve who has not completed his obligated period of military service in the Ready Reserve may be transferred to the Ready Reserve whenever the reasons for his transfer to the Standby Reserve no longer exist, provided he is otherwise qualified and a requirement exists.

(b) Whenever persons with critical skills who performed active duty for training for six months pursuant to Executive Order No. 10650, Regulations Governing the Selection of Certain Persons who have Critical Skills for EnlistIment in Units of the Ready Reserve of the Armed Forces, dated January 6, 1956, published at 21 F. R. 167 (3 CFR, 1956 Supp.), and were subsequently transferred to the Standby Reserve in accordance with the screening process prescribed in Part 125 of this subchapter, are no longer engaged in critical skills in critical defense supporting industries or research, the Selective Service System will notify the appropriate military deIpartment. Upon receipt of such notifiIcation, the military department shall transfer such person to the Ready Reserve if he is otherwise qualified and a requirement exists.

(c) A member of either the Standby Reserve or the Retired Reserve may upon his own request be transferred to the Ready Reserve if qualified and a requirement exists for him. Such voluntary transfer will be accomplished under authority of sec. 269 (d), 70A Stat. 12, 10 U. S. C. 269 (d), subject to provisions of § 115.4(c).

(d) In any case, where an individual is transferred from the Standby Reserve to the Ready Reserve or the Retired Reserve, notification thereof to the Selective Service System will be made by the military department concerned.

(a) Enlisted members of the Ready Reserve or the Standby Reserve who have completed their statutory obligation or who are not subject to a military obligation will be discharged unless they voluntarily remain under conditions specified in paragraph (c) or (g) of § 115.4.

(b) Any person who while a member of a reserve component becomes a regular or duly ordained minister of religion shall be discharged from such reserve component upon request under authority of subsection 233 (h), 69 Stat. 599, 50 U.S.C. 961. The definition of regular or duly ordained minister of religion provided in subsection 16(g) of 62 Stat. 624, 50 U.S.C. App. 466, shall be used in connection with this part.

(c) Those commissioned officers of the Reserve who have accepted indefinite appointments will not be subject to mandatory discharge upon completion of the statutory obligation.

(d) Discharge from the service obligation for hardship or other causes will be governed by pertinent provisions of Department of Defense Directive No. 1200.3, subject: Fulfilling the Military Service Obligation, dated May 23, 1958 (Part 50 of this subchapter).

(e) Discharge from the reserve components is governed by provisions of sections 1003, 1162, 1163, 70A Stat. 79, 89, 10 U.S.C. 1003, 1162, 1163.

(f) Upon the discharge of members of the Standby Reserve, due notification thereof will be made to the Selective Service System by the military department concerned.

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. § 120.4

Procedure.

(a) Request for transfer will normally be initiated by an appropriate agency of the military department desiring the services of an officer serving in another department, or by the officer himself.

(b) Request for transfer will include a statement of consent of the officer concerned and will be accompanied by a justification of the requested transfer as

being in the interest of national defens and the individual officer. The Secre tary of the losing Department and th Secretary of the gaining Department wil indicate their concurrence or non concurrence in the requested transfer.

(c) For Reserve officers on extende active duty and for Reserve officers no on extended active duty, request fo transfer will be processed as follows:

(1) If initiated by the officer himself the request will be forwarded by th officer through military channels to th designated representative of the Secre tary of the military department in which he is presently commissioned and serv ing. The request will be forwarded the designated representative of th Secretary of the gaining department.

(2) If initiated by other than the officer himself, request for transfer wil be routed by the designated representa tive of the Secretary of the gaining de partment directly to the designated representative of the Secretary of the losing department.

(3) Transfers may be accomplished by the service Secretaries concerned, of 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