ing in Vietnam on temporary duty orders for a period of less than thirty (30) days.

(b) Family deaths. Where a member of a family is killed or dies as a result of Vietnam service, other members of the same family will, upon request, either be deferred from assignment to Vietnam for a period of at least six (6) months following date of death or, if serving in Vietnam, be reassigned therefrom for the same minimum period.

(c) Age limitations. Military personnel who are under 18 years of age are not eligible for assignment to service in Vietnam, but may be assigned to sea duty or to duty in other overseas areas.

(d) Sole surviving sons. Military personnel who are qualified sole surviving sons as provided in DoD Directive 1315.2, "Sole Surviving Sons," dated July 29, 1966, and who either have requested noncombat duty, or have not waived a request submitted by a parent, may not be assigned to duty in Vietnam.

(e) Conscientious objectors. The assignment of valid conscientious objectors to Vietnam shall be subject to the restrictions set forth in DoD Directive 1300.6, "Utilization of Conscientious Objectors and Procedures Based on Conscientious Objection," dated August 21, 1962.

§ 49.5 Procedures.

(a) Deferment requests. Only the service member concerned may request an assignment deferment under § 49.4 (a) and (b).

(1) Such requests for deferment should normally be submitted within fifteen (15) days after receipt of orders, assignment instructions, unit alert, or scheduled movement.

(2) A military member who has submitted an application for deferment of his assignment should be retained in place until action on his application is finalized.

(b) Reassignment from Vietnam. (1) Where two or more members of the same family are serving in Vietnam and more than one application for reassignment based on family service is received, the member with the longest Vietnam service period should be given priority reassignment consideration.

(2) Where multiple requests for reassignment based on a family death as a result of service in Vietnam are received, all requesting members will be reassigned from Vietnam at the earliest practicable date for a period of at least six (6) months following the date of death.

(3) Reassignments made under this policy may be to other overseas areas in Southeast Asia.

(c) General. (1) All requests must be in writing and submitted in accordance with instructions to be prescribed by the military departments in implementation of this part.

(2) All military personnel being processed for assignment to Vietnam will be specifically advised of the assignment deferments for family members established by this part.

PART 50-FULFILLING THE MILITARY SERVICE OBLIGATION

Sec.

50.1 50.2

Purpose and applicability.

The military service obligation.

AUTHORITY: The provisions of this Part 50 issued under sec. 301, 80 Stat. 379; 5 U.S.C 301; sec. 6(d) (1), 62 Stat. 611; 50 App. U.S.C. 456(d)(1); sec. 651, 70A Stat. 27; 10 U.S.C 651.

SOURCE: The provisions of this Part 50 appear at 33 F.R. 15338, Oct. 16, 1968, unless otherwise noted.

§ 50.1 Purpose and applicability.

This part implements the Military Selective Service Act of 1967 (50 App.. U.S.C. 451 et seq.); the Armed Forces Reserve Act of 1952, as amended; and various sections of title 10, United States Code as outlined herein, by prescribing uniform policy with respect to fulfillment of the statutory military service obligation. The provisions of this part apply to the Military Departments.

§ 50.2 The military service obligation.

(a) Statutory provisions—(1) The 8-year obligation—(i) Section 6(d) (1) of the Selective Service Act. Persons commissioned in a reserve component upon completion of officer training programs specified in section 6(d) (1) of that Act who perform initial active-duty-fortraining of 3 to 6 months in lieu of 2 or more years of active duty are required to serve in a reserve component until the eighth anniversary of the receipt of such commission.

(ii) Section 262 of the Armed Forcest Reserve Act of 1952, as amended. Persons without prior military service be-1 tween the ages of 17 and 181⁄2 who, prior to August 1, 1963, enlisted directly in the Ready Reserve in a reserve component of an armed force, other than in the Army: National Guard or the Air National Guard, with a requirement to perform

*

(2) The 6-year obligation. GeneralSection 651 (a) of title 10, United States Code "Each male person who, after August 9, 1955, becomes a member of an armed force before his twenty-sixth birthday * * shall serve in the armed forces for a total of six years, unless he is sooner discharged because of personal hardship under regulations prescribed by the Secretary of Defense * * *. Any part of such service that is not active duty or is active duty for training shall be performed in a reserve component."

(b) Definitions. For the purpose of administering paragraph (a) of this section, the terms "inducted," "enlisted," and "appointed" refer to initial entry of male personnel into any of the armed forces, including a reserve component thereof.

(c) Transfer to a reserve component. Qualified individuals affected by the provisions of paragraph (a) of this section, are required to serve a total period of 8 or 6 years, as the case may be, from the date of their induction, enlistment, or appointment. Persons who have a portion of their obligation remaining upon release from active training and service, and who are determined by the Secretary of the Military Department concerned to be physically and mentally qualified for enlistment or appointment in a reserve component shall be transferred without discharge from military status.

(d) Fulfillment of the military service obligation. (1) Periods of Ready Reserve and Standby Reserve service within the total military service obligation are governed by Part 115 of this subchapter and sections 269 and 511 (b) and (d) of title 10 United States Code.

(2) Upon completion of the military service obligation, the individual shall be discharged or otherwise separated unless he is otherwise obligated to remain in the military service.

(3) The military service obligation is considered terminated upon a discharge for the purpose of complete separation from military status. It is not considered terminated upon discharge or other type of separation for the purpose of immediate entry or reentry in the same or any other component of the armed forces, or for the purpose of entry into an officers' training program in which the individual has military status. Additional service performed after such a

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discharge or other type or separation will be counted toward fulfillment of such obligation.

(4) An individual may, upon his written application, be discharged from the Reserve, irrespective of having performed the total required period of service, for the purpose of taking final vows in a religious order. Such application shall be accompanied by certification, signed by an appropriate official of the religious order concerned, that preparations for final acceptance cannot proceed further until separation from the military service is accomplished.

(5) An enlisted member of an armed force who accepts appointment to a Service academy as a cadet or midshipman, or as a Reserve Officers' Training Corps cadet or midshipman under the provisions of section 2107 of title 10, United States Code, shall not be separated from enlisted status by reason of such appointment.

(i) The period of time so served shall be counted toward fulfillment of the military service obligation in the event the appointment is terminated prior to graduation or the cadet or midshipman fails to accept a commission if offered. This credit would not alter the authority for ordering such individuals to active duty as provided in DoD Directive 1332.23, "Service Academy Separations", May 9, 19681 and Part 127 of this subchapter. (Directive 1332.23 delineates certain procedures to be followed in the case of Service academy disenrollees.)

(ii) Under sections 971, 2107, 3682, 6116, and 8682 of title 10, United States Code, such service may not be counted toward fulfillment of an officer's military service obligation.

(6) A Service academy cadet or midshipman who initially entered an armed force in such status and whose appointment is terminated prior to graduation, or who fails to accept a commission if offered, will be processed in accordance with the provisions of DoD Directive 1332.23. Credit toward fulfillment of the military service obligation will be granted such disenrollees only if they are serving in an enlisted status.

(7) Enlisted service for the period covered by Reserve Officers' Training Corps advanced training may not be counted

1 Filed as part of original. Copies available from The Naval Supply Depot, 5801 Tabor Avenue, Philadelphia, Pa. 19120, Attention: Code 300.

toward fulfillment of a military service obligation of an officer appointed under section 2106 of title 10, United States Code. An officer appointed under section 2107 of title 10, United States Code may not be credited with service as a cadet or midshipman, or with concurrent enlisted service.

(8) An individual whose enlistment or appointment is declared void on the grounds of minority and who is released pursuant to such action shall not, as the result of such enlistment or appointment, be considered to have acquired a military service obligation; however, service rendered under a void minority enlistment when characterized as honorable by the Secretary of the Military Department concerned, shall be creditable toward fulfilling any subsequent statutory military service obligation acquired by the individual. Such credit would not alter the terms of any subsequent enlistments for specific periods, e.g., direct enlistments in the Ready Reserve under the provisions of section 511 of title 10, United States Code.

(9) Discharge or other separation of an individual from an armed force prior to the date of completion of a military service obligation will be effected at the discretion of the Secretary of the Military Department concerned. Provisions of Part 125 of this subchapter, shall apply in cases of discharge by reason of personal or community hardship, prior to completion of a military service obligation.

(10) Interservice transfers of reservists who have a military service obligation shall be accomplished as prescribed in Part 123 of this subchapter.

(11) An individual who is enlisted or appointed in the Ready Reserve of any armed force, and who subsequently fails to participate satisfactorily in Reserve training will not be discharged by reason thereof. In such cases, provisions of Parts 101 and 127 of this subchapter will apply. An individual who is inducted under provisions of section 6(c) (2) (D) of the Selective Service Act of 1967 and who completes the required period of active training and service shall continue to hold his appointment or enlistment contract to serve as a Reserve, and shall be required to fulfill the terms thereof unless discharged from the obligation by the Secretary of the Military Department concerned.

(2) Have died as a result of wounds, accident, or disease;

(3) Are in a captured or missing-inaction status; or

(4) Are permanently 100 percent physically disabled (to include 100 percent mental disability) as determined by the Veterans Administration or one of the military services, and are hospitalized on a continuing basis, and not gainfully employed by virtue of such disability.

(b) "Armed Forces of the United States" denotes collectively all components of the Army, Navy, Air Force, Marine Corps, and Coast Guard. § 52.4

Policy.

(a) Assignments. (1) A sole surviving son may not be assigned to duties normally involving actual combat with the enemy if he or one of his parents submits a request for noncombat duty. However, where the parent alone makes the request, it may be waived by the serviceman.

(2) This policy will not be interpreted to mean that sole surviving sons will not

be assigned to overseas commands where combat conditions are nonexistent.

(b) Discharges. (1) Enlisted personnel who become sole surviving sons subsequent to their enlistment or induction may apply for and be granted an administrative discharge, except in instances:

(i) Arising during the period of a war or national emergency hereafter declared by the Congress; or

(ii) Where the individual qualifies as a sole surviving son on the basis of a captured or missing-in-action status of a father, brother, or sister (see § 52.3 (a) (3)).

(2) Sole surviving sons who qualify for discharge on the basis of the 100 percent disability status of the father, or one or more sons or daughters in a family (see § 52.3 (a) (4)) shall be required to complete at least 6 months of active duty prior to discharge in order to qualify for a veteran's exemption under the provisions of 50 App. U.S.C. 456(b) (3).

(3) Commissioned officers (including warrant officers) will not be released from active duty based on their qualifications as sole surviving sons.

under any of the following circumstances:

(1) At any meeting or demonstration which is a function of, or sponsored by any organization, association, movement, group, or combination of persons which the Attorney General of the United States has designated, pursuant to Executive Order 9835, March 21, 1947, as amended by Executive Order 10450, April 27, 1953, as totalitarian, Fascist, Communist, or subversive, or as having adopted a policy of advocating or approving the commission of acts of force or violence to deny others their rights under the Constitution of the United States, or as seeking to alter the form of Government of the United States by unconstitutional means.

(2) During or in connection with the furtherance of private employment or commercial interests when an inference of official sponsorship for the activity or interest would be drawn.

(3) Under circumstances which would tend to bring discredit upon the Armed Forces.

(4) Under such other circumstances as may be specified and published by the Secretary of the Military Department concerned.

(b) For former members of the Armed Forces. (1) The wearing of the uniform of any of the Armed Forces by former members thereof is permitted under the following circumstances:

(i) Pursuant to 10 U.S.C. 772(e), any person who has served honorably in the Army, Navy, Air Force, or Marine Corps of the United States during war, whether declared or not, and whose most recent service was terminated under honorable conditions, shall, although not in the active military service of the United States, be entitled to wear the uniform of the highest grade held during his or her war service upon the ceremonious occasions listed below. (Authority to wear the uniform includes periods while traveling to or from a ceremony, provided such travel in uniform is performed within 24 hours of the time of the ceremony.)

(a) Military funerals, memorial services, and inaugurals.

(b) Patriotic parades on national holidays; or other military parades or ceremonies in which any active or reserve U.S. military unit is taking part.

(ii) Persons awarded the Medal of Honor are authorized to wear the uniform at any time, except as prescribed in paragraph (a) (1), (2), and (3) of this section.

(2) Nothing in subparagraph (1)(i) of this paragraph shall prevent the wearing of uniforms when authorized under other provisions of section 772, title 10, United States Code. The proscriptions of paragraph (a) (1), (2), and (3) of this section apply.

(3) When the uniform is so worn by honorably discharged persons who served during World War II, the Honorable Discharge Emblem will also be worn.

(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