of entry within the continental United States except as provided in paragraph (c) of this section. Transfer will be effected to ensure arrival not later than 10 days prior to the effective date of discharge or release. Provisions concerning assignment to sea and foreign service are contained in paragraph 4110 of the Marine Corps Personnel Manual.

(c) Enlisted personnel who are eligible for separation, and who are entitled to elect transportation to a destination outside the continental United States, shall be transferred to the Marine Corps activity nearest their destination.

Such transfer will be made in accordance with current directives and in sufficient time to allow those persons to arrive not later than 10 days prior to the effective date of separation.

(d) Enlisted personnel becoming eligible to be separated under honorable conditions while serving outside the United States or its territories or possessions, in other than belligerent countries may, at their own request, be separated at their duty stations. Personnel shall indicate their election by executing on page 11 of the service record a request to be so separated. Such separation in the case of enlisted women becoming eligible to be separated by reason of pregnancy is contingent upon the individual having established residence in the area in which the duty station is located or being married to a person who has such a residence.

(1) Individuals desiring separation in a foreign country whether for the purpose of traveling or residing in a foreign area after separation from the service shall, at a time substantially prior to the normal date of separation, make application for a passport in accordance with current directives and for permission to remain in the foreign country or its possessions. These applications should be accompanied by statements from the commander relative to the date the person will be eligible for separation under honorable conditions.

(2) In the case of enlisted personnel, the commander shall, prior to separation of the individual ascertain that he will be issued a passport and has been

or will be granted permission to remain in the foreign area. In this connection, the commander may accept a written statement from the appropri ate consular or diplomatic representa. tive to the effect that the individual concerned has applied for a passport and that it appears that he is eligible to receive a passport upon his separa. tion from the service. In general, a consular or diplomatic representative will be in a position to make this latter statement upon receipt of proper proof of the individual's claim to United States citizenship or nationality. Permission to travel or reside in a foreign country may be substantiated by a written statement from the foreign government concerned that the individual has been granted or it is anticipated that he will be granted per mission to remain in the foreign area in question.

(3) Officer personnel will submit requests to be separated on foreign sta tion to the Commandant of the Marine Corps (Code DF). Contained in their request shall be a statement that application has been made for a passport and indications are that such passport will be granted upon separation. In addition, the request shall include a statement that permission to remain in the foreign area has been or will be obtained.

§ 730.101 Effective time of separation.

(a) A discharge takes effect upon delivery of the discharge certificate. The release to inactive duty of members of the Regular Marine Corps who are transferred to the Marine Corps Reserve and concurrently released to inactive duty takes effect upon delivery of the separation document.

(b) In cases where discharge has been authorized or directed and the individual is unavailable due to his un. authorized absence or confinement in a civilian jail, prison, or institution and personal delive of the certificate is not possibl ible, the discharge will n the date shown on t ficate.

(c) Title 106(c of e tere

section e purpose adminisnistration,

an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during that period of time immediately following the date of such discharge or release from such duty determined in accordance with current regulations to be required for him to proceed to his home by the most direct route, and in any event, until midnight of the date of such discharge or release. If a discharged member is injured while returning home and requires hospitalization, he may be eligible for benefits from the Veterans' Administration and should be advised to file an appropriate claim with that agency.

(d) If discharge is being effected as a result of immediate entry or reentry into any component of the Armed Forces, the discharge will be dated as of the date preceding such entry or reentry.

(e) The release from active duty of a reservist who was assigned to active duty as a reservist is effective at the expiration of authorized travel time. The discharge of a reservist as the result of expiration of enlistment or fulfillment of service obligation will be effective on the date shown on the discharge certificate.

(f) When the date of discharge is not indicated, administrative discharges will be effected at the earliest practicable date and normally not later than 5 working days from the time of receipt of the discharge order by the command concerned.

(g) Discharge certificates and final pay or a substantial portion thereof will be prepared and ready for delivery to the Marine concerned upon the date of discharge or release from active duty.

(1) Delivery of discharge certificates will be made on the date of discharge to those Marines who have indicated that they do not desire to extend or reenlist.

(2) Marines who desire to extend or reenlist will be required to execute their enlistment contracts or extensions of enlistment on the dates their current enlistment contracts expire, or prior thereto, to be effective on the date next succeeeding the date of discharm or expiration of enlistment.

Delivery of the discharge certificate will be accomplished on a date subsequent to the date of discharge.

(3) Commanders are authorized to effect discharge, or to order a reservist home for release from active duty, as appropriate on the last working day preceding a Saturday, Sunday, or holiday when the normal expiration of enlistment or date of detachment from the command in the case of a reservist falls on one of those days providing the individual Marine concerned consents in writing. The reason for discharge will be for convenience of the Government. Paragraphs 13261.1a and 13301.7c of the Marine Corps Personnel Manual (§§ 730.61(a)(1) and this paragraph) will be cited as authority. Personnel desiring to reenlist immediately will not be discharged early under this paragraph. The following statement of consent will be entered on page 11 of the service record and signed by the Marine concerned:

I hereby consent to be (discharged) (detached from my command) on in lieu of my normal date of (expiration of enlistment) (detachment) on . I un

derstand that entitlement to pay and allowances and credit for active Federal service ceases on the actual date of my separation from active service.

The following instructions are applicable to personnel discharged or released early under authority contained in this subparagraph.

(i) Personnel shall be considered eligible for the Good Conduct Award in all instances where eligibility therefor would have been established through normal expiration of obligated active service.

(ii) Recoupment of reenlistment bonus will not be made.

(iii) In the event of future recall, personnel will be considered in the same status as those who have completed their enlistments or periods of extended active duty.

[26 FR 9539, Oct. 10, 1961, as amended at 31 FR 16404, Dec. 23, 1966]

8 730.102 Categories for discharge at duty stations within the United States.

(a) Commanders will process and discharge, at their present stations, all enlisted personnel eligible for dis

an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during that period of time immediately following the date of such discharge or release from such duty determined in accordance with current regulations to be required for him to proceed to his home by the most direct route, and in any event, until midnight of the date of such discharge or release. If a discharged member is injured while returning home and requires hospitalization, he may be eligible for benefits from the Veterans' Administration and should be advised to file an appropriate claim with that agency.

(d) If discharge is being effected as a result of immediate entry or reentry into any component of the Armed Forces, the discharge will be dated as of the date preceding such entry or reentry.

(e) The release from active duty of a reservist who was assigned to active duty as a reservist is effective at the expiration of authorized travel time. The discharge of a reservist as the result of expiration of enlistment or fulfillment of service obligation will be effective on the date shown on the discharge certificate.

(f) When the date of discharge is not indicated, administrative discharges will be effected at the earliest practicable date and normally not later than 5 working days from the time of receipt of the discharge order by the command concerned.

(g) Discharge certificates and final pay or a substantial portion thereof will be prepared and ready for delivery to the Marine concerned upon the date of discharge or release from active duty.

(1) Delivery of discharge certificates will be made on the date of discharge to those Marines who have indicated that they do not desire to extend or reenlist.

(2) Marines who desire to extend or reenlist will be required to execute their enlistment contracts or extensions of enlistment on the dates their current enlistment contracts expire, or prior thereto, to be effective on the date next succeeeding the date of discharge or expiration of enlistment.

Delivery of the discharge certificate will be accomplished on a date subsequent to the date of discharge.

(3) Commanders are authorized to effect discharge, or to order a reservist home for release from active duty, as appropriate on the last working day preceding a Saturday, Sunday, or holiday when the normal expiration of enlistment or date of detachment from the command in the case of a reservist falls on one of those days providing the individual Marine concerned consents in writing. The reason for discharge will be for convenience of the Government. Paragraphs 13261.1a and 13301.7c of the Marine Corps Personnel Manual (§§ 730.61(a)(1) and this paragraph) will be cited as authority. Personnel desiring to reenlist immediately will not be discharged early under this paragraph. The following statement of consent will be entered on page 11 of the service record and signed by the Marine concerned:

I hereby consent to be (discharged) (detached from my command) on in lieu of my normal date of (expiration of enlistment) (detachment) on I un

derstand that entitlement to pay and allowances and credit for active Federal service ceases on the actual date of my separation from active service.

The following instructions are applicable to personnel discharged or released early under authority contained in this subparagraph.

(i) Personnel shall be considered eligible for the Good Conduct Award in all instances where eligibility therefor would have been established through normal expiration of obligated active service.

(ii) Recoupment of reenlistment bonus will not be made.

(iii) In the event of future recall, personnel will be considered in the same status as those who have completed their enlistments or periods of extended active duty.

[26 FR 9539, Oct. 10, 1961, as amended at 31 FR 16404, Dec. 23, 1966]

§ 730.102 Categories for discharge at duty stations within the United States.

(a) Commanders will process and discharge, at their present stations, all enlisted personnel eligible for dis

charge who fall within one of the following categories: For personnel arriving in the United States from sea or foreign duty, the commander referred to is that of the post or station at or nearest the port of aerial port of entry.

(1) Those who have no obligated service under law and who will be discharged for reason of expiration of enlistment.

(2) Those who will be discharged for enlistment or reenlistment.

(3) Those whose discharge is directed by proper authority prior to expiration of enlistment.

(b) Except for reenlistment or when discharge is otherwise directed by competent authority, enlisted personnel who have not completed their obligated service under law will not be discharged upon expiration of enlistment. They will be transferred to the Marine Corps Reserve in accordance with current directives.

§ 730.103 Travel upon separation.

(a) Detailed instructions relating to the travel of personnel upon separation from the service or release from active duty are contained in Joint Travel Regulations and in the U.S. Navy Travel Instructions.

(b) If it is impossible to verify the place elected for the purpose of mileage from local records, the commander will accept a certificate from the individual as substantiation which will state the place elected for purpose of mileage and identify such place as the home of record, place from which ordered to active duty, the place of induction, or the place of entry into the service as he may elect. This certificate will be inserted in the service record book or officer's qualification record.

prior to discharge, transfer to Reserve, or release from active duty. Examination in the cases of personnel being discharged or retired upon the approved report of a medical board, or a physical evaluation board shall be given only if requested by the person being discharged or retired. Physical examinations shall be given in accordance with the Manual of the Medical Department and current directives. If as a result of such examination the enlisted person is found unfit for the performance of duty, his case shall be referred to an appropriate medical board.

(b) Discharge or release from active duty normally will not be effected when any of the following actions are being taken or contemplated:

(1) Physical evaluation board processing until the Secretary of the Navy has taken final action on the board proceedings and the Commandant of the Marine Corps has promulgated such action.

(2) Medical board hearing.

(3) Necessary medical or dental treatment.

(4) Further instructions are contained in part J of chapter 13 of the Marine Corps Personnel Manual.

(c) An enlisted Marine on active duty whose term of enlistment expires while he is suffering from disease or injury incident to service and not due to his own misconduct, and who needs medical care or hospitalization, may be retained on active duty, with his consent, until he recovers to the extent that he is able to meet the physical requirements for reenlistment or until it is determined that recovery to that extent is impossible. (Par. 13451, Marine Corps Personnel Manual.)

§ 730.106 Government property.

Government property in possession of enlisted personnel or on charge to them will be recovered prior to discharge. In case of shortages, commanders will take appropriate action to determine responsibility in accordance with current instructions.