Standby Reserve and in ordering members of the Standby Reserve to active duty under section 672(a) of Title 10, United States Code.

(b) Standby Reserve consists of those units or members, or both, of the reserve components, other than those in the Ready Reserve or Retired Reserve, who are liable for active duty only as provided in sections 672 and 674 of this title (section 273, Title 10, United States Code).

§ 136.3 Policy.

(a) Active status list, Standby Reserve (1) Composition. The active status list of the Standby Reserve shall be composed of reservists who (i) are completing their military obligation or, (ii) are being retained in an active status under section 1006 of Title 10, United States Code or, (iii) were screened from the Ready Reserve as being key personnel or, (iv) may be temporarily assigned to the Standby Reserve for hardship or other cogent reason determined by the Secretary concerned, with the expectation of being returned to the Ready Reserve.

(2) Screening. Screening of the active status list of the Standby Reserve will be conducted on a continuous basis to implement the above policy.

(3) Disposition of members screened out. Members screened from the active status list will be offered options of (1) transferring to the Ready Reserve if they wish to continue to participate actively in the Reserves, (ii) transferring to the inactive status list of the Standby Reserve, (li) transferring to the Retired Reserve, if qualified, and (iv) being discharged.

(4) Training. Members of the Standby Reserve will not be permitted to participate in Reserve training and will not be assigned to any Reserve unit or to any mobilization position. However, members of the Standby Reserve on the active status list will be given the opportunity to participate voluntarily in Reserve training and earn training points, as provided in Part 102 of this subchapter at no cost to the Government.

(5) Promotion. Members of the Standby Reserve on the active status list are not eligible for promotion to flag or general officer grades.

(b) Inactive status list, Standby Reserve (1) Composition. The inactive status list of the Standby Reserve shall be composed primarily of members who

are not required by law or regulation to remain members of an active status program but who (1) desire to retain their reserve affiliation in a nonparticipating status and, (ii) have skills which may be of possible future use to the Military Department concerned.

(2) Removal from the inactive status list of the Standby Reserve. Any member on the inactive status list may be considered for return to an active status in the Ready Reserve at any time if physically and otherwise qualified as determined by the Secretary concerned and in accordance with the provisions of DoD Directive 1205.6, "Assignment to and Transfer Between Reserve Categories, and Discharge from Reserve Status", January 16, 1956 (Part 115 of this chapter). Upon completion of each 3-year period on the inactive status list, members will be given the option of return to an active status in the Ready Reserve if physically and otherwise qualified as determined by the Secretary concerned; transfer to the Retired Reserve, if qualified; discharge; or retention on the inactive status list for another 3-year period.

(3) Order to active duty. A member on the inactive status list who is ordered to active duty shall be considered to have been restored to active Ready Reserve status for the period of time actually served on active duty under such orders.

(4) Pay and promotion. Under section 273 (c) of Title 10, United States Code, a Reservist in an inactive status is not eligible for pay or promotion.

(c) Mandatory transfer from Ready Reserve to Standby Reserve. Nothing in the above policies will preclude the mandatory transfer of reservists from the Ready Reserve to the Standby Reserve in the event the Ready Reserve exceeds authorized strength (section 268, Title 10, United States Code). In the event this occurs, individuals in the Standby Reserve will be screened in accordance with paragraph (a) (1), (2), and (3) of this. section.

(d) Mobilization of Standby Reserve. Mobilization of the Standby Reserve is authorized in time of war or national emergency declared by Congress or when otherwise authorized by law under section 672(a) of Title 10, United States Code.

[33 F.R. 1207, Jan. 30, 1968, as amended at 35 F.R. 11629, July 21, 1970]

§ 136.4 Management of the Standby Re

serve.

(a) The Secretaries of the Military Departments are responsible for:

(1) Exercising military control over members of the Standby Reserve.

(2) Screening the active status list of the Standby Reserve on a continuous basis to implement policies stated in 136.3(a).

(3) Maintaining such personnel records for members of the Standby Reserve as may be required by section 275, Title 10, United States Code and other records determined by the Military Departments to be necessary.

are

(4) Advising individuals who transferred to the Standby Reserve of their duty to furnish local boards with information as prescribed by § 1690.10, Selective Service Regulations (§ 1690,10 of this title).

(5) Transferring and discharging members of the Standby Reserve in accordance with the provisions of DoD Directive 1200.7, "Screening the Ready Reserve Under the Provisions of section 271, Title 10, United States Code"1 and sections VI and VII of DoD Directive 1205.6, "Assignment to and Transfer Between Reserve Categories, and Discharge from Reserve Status" (Part 115 of this chapter).

(6) Furnishing the following information promptly to the Selective Service System upon any change in military status of a member of the Standby Reserve:

(i) When a reservist is transferred or assigned to the Standby Reserve under DoD Directive 1200.71, DoD Directive 1205.6, or DoD Instruction 1115.3, "Furnishing the Selective Service System with Information Needed for Determining Induction Quotas and Classifying Registrants", April 17, 1967; DD Form 889 will be completed in accordance with the instructions printed thereon.

2

1

(a) If the Reservist concerned is a Selective Service registrant, the DD Form 889 will be sent to the State Director (listed in § 136.6) of the State in which the reservist is registered. The appropriate State Director can be determined by referring to the reservist's

1 Filed as part of original document. Copies available from U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. Attention: Code 300. Filed as part of original document.

Selective Service registration number, which is composed of four (4) elements, the first of which is the State code. The key to State codes and the addresses of the various State Directors are shown in § 136.6.

(b) If the Reservist is not a registrant, send the completed form to the State Director of the State in which the Reservist maintains his current mailing address.

(ii) Upon the transfer, discharge, or removal of a reservist from the Standby Reserve, promptly complete Part I of DD Form 8892 or prepare other appropriate Department of Defense form and forward to the same State Director to whom notification of the reservist's entry into or membership in the Standby Reserve was previously addressed in accordance with subdivision (1) (a) of this subparagraph.

(b) The Director of Selective Service is responsible by law for determining the availability of members of the Standby Reserve for involuntary order to active duty in time of war or national emergency declared by the Congress. To fulfill this statutory responsibility, the Director of Selective Service has prescribed that the Selective Service System will:

(1) Maintain current information pertaining to the civilian status of each member of the Standby Reserve,

(2) Determine, through local boards and appeals procedures of the Selective Service System, the availability of Standby Reservists for involuntary active duty. In making such determinations, local boards will be guided by Selective Service System policies which provide that:

(i) Consideration will be given to the military need for members of the Standby Reserve who have critical military occupations as well as to the need for critical civilian occupations in the supporting economy.

(ii) A Standby Reservist shall be declared nonavailable (a) if continuance in his civil employment, occupation, activity, or other endeavors in time of war or national emergency declared by the Congress is found to be more essential to the maintenance of the national health, safety, welfare, or interest than the performance by him of active duty in the Armed Forces, or (b) if it is de

termined that his performance of duty in the Armed Forces in time of war or national emergency declared by the Congress would result in extreme hardship or privation to his bona fide dependents.

(iii) The availability designation of a Standby Reservist is subject to periodic reevaluation and may be changed at any time such action would better serve the national interest.

(3) Furnish the Military Departments periodically with information concerning the Selective Service determination of availability of individual members of the Standby Reserve.

[33 F.R. 1207, Jan. 30, 1968, as amended at 35 F.R. 11630, July 21, 1970] § 136.5

Mobilization.

(a) Availability of Standby Reservists for active duty. Except as provided in paragraph (b) of this section, in time of war or national emergency declared by Congress, or when otherwise authorized by law, Standby Reservists who have been found available for active duty by the Director of Selective Service may be involuntarily ordered to active duty by the Military Departments, provided it has been determined that there are not enough qualified members of the required category in the Ready Reserve (section 672 (a), Title 10, United States Code).

(b) Inactive status list. A Standby Reservist on the inactive status list who has been certified by the Director of Selective Service as being available for active duty will not be called into active military service without his consent unless the Secretary of the appropriate Military Department determines that adequate numbers of qualified members of the reserve components in an active status or in the inactive National Guard in the required category are not readily available.

(c) Volunteers for active duty. A member of the Standby Reserve who volunteers in writing for active duty shall be considered available for active duty and may be ordered to active military service by the appropriate Military Department under section 672(d), Title 10, United States Code. A determination of availability by the Director of Selective Service is not required and shall not apply in such cases. The appropriate State Director will be notified in such cases.

(d) Nonavailable members of the Standby Reserve. (1) The Director of

Selective Service has prescribed that members of the Standby Reserve who have been certified as not available for active duty shall be considered periodically to determine their availability to meet future requirements.

(2) Eighteen (18) months after the initiation of general mobilization, the Military Departments shall review the cases of those Standby Reservists who have not been certified by the Director of Selective Service as available for active duty and, in the absence of cogent considerations to the contrary. shall separate such members from the Reserve. § 136.6 Addresses of State Directors, Se. lective Service System.

Address

12 Indiana...... V

36 Pennsylvania.. II

Address

Century Bldg., 36
South Pennsylvania
St., Indianapolis,
Ind. 46204.
Bldg., 68, Fort Des
Moines, Des Moines,
Iowa 50315.
Masonic Temple Bldg.,
10th and Van Buren
Sts., Topeka, Kans.
66612.
220 Steele St., Frank-
fort, Ky. 40601.
Bldg. 601-5A, 4400

Dauphin St., New Orleans, La. 70140. Federal Bldg., 40 Western Ave., Augusta, Maine 04330. 5th Regiment Armory, Federal Bldg., Charles Center, 31 Hopkins Plaza, Room 1119, Baltimore, Md. 21201. John Fitzgerald Kennedy Federal Bldg., Government Center, Boston, Mass. 02203. Post Office Box No. 626, Lansing, Mich. 48903. Room 1503, Post Office and Customhouse, 180 East Kellogg Blvd., St. Paul, Minn. 55101. Cameron Walker Bldg., 4785 Interstate 55 North, Jackson, Miss. 39206.

411 Madison St., Jefferson City, Mo. 65102.

Post Office Box No. 1183, Helena, Mont. 59601. Terminal Bldg., 10th Floor, 941 O St., Lincoln, Nebr. 68508. Post Office Box No. 644, 1511 North Carson St., Carson City, Nev. 89701.

Post Office Box No. 1266, Harrisburg, Pa. 1710.

Post Office Box No. 4031, San Juan, P.R. 00905.

1 Washington Ave., Providence, R.I. 02905. 1801 Assembly St. Columbia, S.C. 29201. Post Office Box No. 1872, Rapid City, S. Dak. 57701.

Room 500, 1717 West End Bldg, Nashville, Tenn. 37203.

209 West 9th St., Austin, Tex. 78701.

333 South Second East, Salt Lake City, Utah 84111.

Federal Bldg., Post

Office Box 308, Montpelier, Vt. 05602. Federal Office Bldg., 400 North 8th St., Richmond, Va. 23240. Post Office Box No. 360, Charlotte Amalie, St. Thomas V.I., 00801. Washington National Guard Armory, South 10th and Yakima. Tacoma, Wash. 98405. Federal Office Bldg., Charleston, W. Va. 25301.

Post Office Box No. 2157, 1220 Capitol Court, Madison, Wis. 53701. Post Office Box No. 2186, Cheyenne, Wyo. 82002.

[35 F.R. 11629, July 21, 1970]

PART 138-BIRTH REGISTRATION

OVERSEAS

Procedures.

Background

27 New

Hampshire.

I

28 New Jersey.... I

402 East State St., Tren

138.1

Purpose.

29 New Mexico... IV

Post Office Box No. 5175,

138.3

Santa Fe, N. Mex.

138.4

information: Interdepartmental relationships concerning foreign births and citizenship. AUTHORITY: The provisions of this Part 138 issued under sec. 3, 60 Stat. 238; 5 U.S.C. 552.

SOURCE: The provisions of this Part 138 appear at 27 FR 2315, Mar. 10, 1962, unless otherwise noted.

lar Officers in accomplishing birth registration of infants born to United States eitizens in military medical facilities in Overseas areas.

(b) Where birth registration is required by local law in overseas areas, military medical facilities will continue to report births to local authorities on the forms provided for such registration in addition to the reports required by United States Consular Offices.

138.3 Procedures.

(a) Within twenty-four (24) hours and in no event later than ten (10) days after the birth in a military medical facility of an infant whose parent or parents are citizens of the United States, the designated military officer shall report the birth to the United States Consular Office in whose district the medical facility is located.

(b) The designated military officer shall obtain the data required, prepare Department of State Form FS-240,1 "Report of Birth Abroad of a Citizen of the United States of America" (also referred to as "Consular Report of Birth"), (down to the solid black line immediately preceding the heading "American Consulate") in triplicate, secure the signatures required on the form, and forward the report to the United States Consular Office.

(1) A citizen parent will be requested to sign each of the three Foreign Service Forms 240 (FS-240) in the box reading "Signature of Parent, Physician, Nurse, or Other Person Having Knowledge of Birth". The citizen parent shall sign under oath before a military officer qualifiled to administer oaths. After administering the oath, the officer will complete the appropriate section of the Form headed, "When Reported By Mail, Use This Form".

(2) If the mother is not a United States citizen, the citizen father shall be requested to sign the FS-240, if he is available. If the father is not available or if there is any question about his citizenship status, the parent(s) will be requested to contact the United States Consular Office.

(3) In the event the mother dies or is in a very serious condition and the father, who is a United States citizen, is not available, the form shall be for

Filed as part of the original document.

warded to the United States Consular Office as soon as the Medical Corps Officer who delivered the infant signs it in attest of the delivery. The father then will be advised by his Command that the Consular Office will contact him if it is necessary for him to appear before a Consular Officer.

(4) The section of Form FS-240 entitled "When Reported in Person, Use This Form" is not to be completed by the military officer. This section is completed only when the person concerned signs the form in the presence of the Consular Officer.

(c) In every case, the designated offcer will prepare and send an original and two copies of Form FS-240 to the United States Consular Office, and the parents will be advised relative to the following alternative procedures:

(1) If the citizen parent(s) have the proper documentation entered on Form FS-240, as will be prescribed in the implementing regulations, they will be advised that it is not necessary to go personally to the United States Consular Office.

(2) In cases where the necessary documentation is questionable or not available in the manner prescribed in the implementing regulations, the FS-240 shall be forwarded to the United States Consular Office and the parent(s) shall be advised to visit the United States Consular Office and take with them documents that establish marriage and citizenship.

(d) The United States Consular office will issue to the parent a copy of the Form FS-240, Consular Report of Birth, only upon the parent's request at the time the birth is reported to the Consular Office and upon payment of the fee of $1.50; however, the Certification of Birth will be issued free of charge to the parent in every case where a Consular Report of Birth is executed by the Consular Officer, whether or not the parent requests the copy of the Form FS-240. Additional copies of the Consular Report of Birth or the Certification of Birth may be obtained at any time from the Authentication Officer, Department of State, Washington 25, D.C. The fees for additional copies of either form are: $2.50 for a single copy and $1.60 for each additional copy.