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ligious sect, or religious organization of which he is a member, without having been formally ordained as a minister of religion, and who is recognized by such church, sect or organization as a regular minister.

(2) "Duly ordained minister of religion" is defined as a person who has been ordained in accordance with the ceremonial ritual, or discipline of a church, religious sect, or religious organization established on the basis of a community of faith and belief, doctrines and practices of a religious character, to preach and to teach the doctrines of such church, sect, or organization and to administer the rites and ceremonies thereof in public worship, and who as his regular and customary vocation preaches and teaches the principles of religion and administers the ordinances of public worship as embodied in the creed or principles of such church, sect, or organization.

(3) The above definitions do not include a person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect or religious organization or who may have been duly ordained a minister in accordance with the ceremonial rite, or discipline of a church, religious 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 FR 9544, Oct. 10, 1961]

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§ 730.303 Requirements.

Pursuant to the provisions of §§ 41.4(d), 41.6(b)(10), and 41.8(b) of this title, the following policies, criteria, and procedures are established:

(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 com

mand.

(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 determined 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 P-5082/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 disqualified 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 en

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(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 FR 16405, Dec. 23, 1966, as amended at 32 FR 11266, Aug. 3, 1967]

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Subpart A-General

§ 732.1 Purpose.

To delineate and promulgate the authority and policies concerning medical and dental care obtained from nonnaval sources by active duty members and the conditions under which the costs of such care may be borne by the Navy.

(5 U.S.C. 301; 10 U.S.C. 1071-1085, 5031, 6148, 6201-6203, 8140; and 32 CFR 700.1202) [41 FR 30636, July 26, 1976]

Subpart B-Medical and Dental Care from Civilian Sources

§ 732.12 General.

If medical/dental care is required and there are no naval facilities available, initial application shall always be made to another federal medical/ dental facility if available. (Federal facilities are those of Navy, Army, Air Force, Public Health Service, and Veterans Administration.) If there are no federal medical/dental facilities available, required care may be obtained from civilian sources under the following conditions:

(a) Emergency situations. In an emergency, non-federal medical/ dental care may be obtained by or on behalf of eligible personnel without the prior authority covered below. An emergency is defined as a situation where the need or aparent need for medical or dental attention is such that time does not permit obtaining the required authority in advance. Emergency dental care is limited to measures appropriate to relieve pain

or

to abort infection. Emergency dental care shall not include the furnishing of prosthetic appliances, including crowns or inlays, or the use of gold or other precious metals for fillings. As soon as possible, the authorizing officer should be provided with complete information, i.e., name of non-federal medical/dental facility, date(s), nature and extent of treatment or care, etc., obtained in order that he may make arrangements for transfer of the member to a federal facility, or to take such other action as may be appropriate. Except as pro

vided in this paragraph, care from non-federal sources may be provided at Navy expense only when authorized in advance as set forth below.

(b) Non-emergency care. When the district medical officer or district dental officer of the naval district where the care is to be rendered believes that civilian medical/dental care is appropriate, he may authorize treatment from civilian sources. In overseas areas, commanding officers may authorize care from other than U.S. naval sources when no naval or other U.S. military medical/dental facilities are available. If at all practicable, when ships are in NATO SOFA ports, required care shall be obtained from military facilities of the host country when U.S. facilities are not available.

(c) Care which may be authorized(1) Medical care. Includes consultations and treatment provided by physicians or medical facilities as well as medical procedures not involving treatment when directed by the Bureau of Medicine and Surgery. Treatment includes hospital care, surgery, nursing, medicine, laboratory and X-ray services, physical therapy, eye examinations, etc.

(2) Dental care. Includes: (i) All types of treatment rendered (including operative, restorative, and oral surgical) to relieve pain and abort infection.

(ii) Prosthetic treatment rendered to restore extensive loss of masticatory function or the replacement of anterior teeth for esthetic reasons.

(iii) Repair of existing dental prosthesis in instances where neglect of the repair would result in unserviceability of the prosthesis.

(iv) Any type of treatment rendered as an adjunct to medical/surgical care. (v) All X-rays, drugs, etc., required to accomplish treatment in all the above categories.

(3) Eye refractions and spectacles. Includes refractions of eyes by physicians and optometrists and the repair and furnishing of spectacles. A refraction may be obtained only when federal facilities are not available, and no suitable prescription is in the Health Record. The prescription from the refractionist with proper facial measurements must be sent to the appropriate dispensing activity set forth in

BUMED Instruction 6810.4E. When a member has no suitable spectacles and the lack thereof, combined with the delay resulting from obtaining them from a military source, would prevent the performance of duty; the repair, replacement, or procurement of spectacles from civilian sources may be authorized. Procurement under these circumstances requires prior approval. Neither examination for nor procurement of contact lenses is authorized by this part.

(5 U.S.C. 301; 10 U.S.C. 1071-1085, 5031, 6148, 6201-6203, 8140; and 32 CFR 700.1202) [41 FR 30636, July 26, 1976]

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733.1 Rates of basic allowance for quarters. 733.2 Delegations.

733.3 Information and policy on support of dependents.

733.4 Complaints of nonsupport and insufficient support of dependents. 733.5 Determination of paternity and support of illegitimate children.

AUTHORITY: 5 U.S.C. 301; 10 U.S.C. 5031; 37 U.S.C. 101, 401, 403; 50 U.S.C. App. 2210; E.O. 11157, 29 FR 7973, 3 CFR 1964 Supp. p. 139, as amended.

SOURCE: 44 FR 42190, July 19, 1979, unless otherwise noted.

§ 733.1 Rates of basic allowance for quarters.

(a) Except as otherwise provided by law, a member of the naval service entitled to basic pay is entitled to a basic allowance for quarters at the monthly rates according to the pay grade to which he or she is assigned, in accordance with 37 U.S.C. 403.

(b) The term "dependent" with respect to a member of the naval service, as used in this part, means:

(1) His or her spouse;

(2) His or her unmarried child (including any of the following categories of children if such child is in fact dependent on the member: A stepchild; an adopted child; or an illegitimate child whose alleged member-parent has been judicially decreed to be the parent of the child or judicially ordered to contribute to the child's sup

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