(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 enlistment, concealed a juvenile or youthful offender record.

(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 F.R. 16405, Dec. 23, 1966, as amended at 82 F.R. 11266, Aug. 3, 1967]

§ 730.304 Applicability.

The policy, criteria, and procedures prescribed in this subpart shall be employed in the administrative separation of any enlisted member of any component of the naval service.

Sec.

731.8 Sample arrangement for use of clinical and related facilities. 731.9 Procedures for appointment of trainees.

AUTHORITY: The provisions of this Part 731 issued under secs. 301, 5102(c) (16), 5351-5356, 8144, 8331-8332, 80 Stat. 379, 446, 472, 553, 564-569; 5 U.S.C. 301, 5102(c) (16). 5351-5356, 8144, 8331-8332.

SOURCE: The provisions of this Part 731 appear at 31 F.R. 15801, Dec. 15, 1966, unless otherwise noted.

§ 731.2

Program information.

Navy Medical Department activities have developed effective working relationships with educational institutions and professional groups through such means as exchange of information and use of services of outstanding civilian specialists in Medical Department training programs. There is a need and opportunity to further this cooperation with local educational institutions through acceptance of trainees from accredited non-Federal institutions as affiliates for part of their training. Programs have been approved for use of clinical and related facilities of some naval hospitals to provide training on a part-time basis for residents, medical students (third and fourth year), clinical psychology interns, student nurses, and other students. Such programs have proven mutually beneficial to the medical activity and to the community. § 731.3 Policy.

Within available resources and to the extent that it does not interfere with the naval Medical Department facility's basic mission, addressees may, after Bureau of Medicine and Surgery and primary support bureau, systems command or office approval, as applicable, participate in cooperative programs with accredited non-Federal educational institutions for the use of clinical and related services of naval Medical Department facilities to provide clinical learning experience for trainees assigned as affiliates for part of their training.

§ 731.4 Requirements.

Formal contracts will not be entered into. An exchange of letters will normally suffice; if desired, however, a memorandum of understanding (§ 731.8), may be entered into as a basis for assignment of trainees by the educational institution and their acceptance by the naval activity. The memorandum shall state conditions for the assignment and acceptance of trainees and the areas and extent of their training assignments. Care shall be taken to assure that documents are no more than statements of cooperative arrangements for making available existing clinical and related facilities. There shall be no obligation, expressed or implied, for the naval activity to expand its facilities or other resources for the purpose of providing training under the program.

§ 731.5

Appointment requirements.

To provide for the acceptance of trainees into the naval activity, excepted appointments shall be made under appropriate sections of schedule A of Part 213 of the Civil Service Regulations (5 CFR Part 213) and only to positions excluded from the Classification Act (5 U.S.C. 5101-5115) under 5 U.S.C. 5102(c) (16). Detailed procedures and requirements for appointment of trainees accepted from non-Federal institutions for a part of their training are contained in § 731.9.

§ 731.6 Prior approval.

On receipt of a request from an accredited non-Federal institution for assignment of trainees as affiliates, a copy of the request, together with the commanding officer's comments and recommendations, should be forwarded to the Bureau of Medicine and Surgery, or to the appropriate primary support bureau, systems command or office, via the Bureau of Medicine and Surgery, for approval. If approved, the commanding officer will be authorized to complete arrangements by exchange of letters or memorandums of understanding. § 731.7 Reporting.

When a program is operative, a letter report shall be submitted to the Bureau of Medicine and Surgery. The report shall consist of: (a) A listing by parent institution and category of trainee, e.g., "student nurses," "residentin-training (plus specialty designation),”

the number of persons receiving training, and the total of trainees' time spent at the naval activity during the reported period; (b) a narrative statement giving the highlights of clinical experience and training assignments engaged in by the group; and (c) an evaluation by, and recommendations of, the command. Reports shall be submitted within 30 days after completion of each program. (Reports Symbol MED-12195-2.) In the event of unsatisfactory performance of a trainee, the parent institution should be notified as soon as possible, with copy to the Bureau of Medicine and Surgery, Navy Department, Washington, D.C. § 731.8

Sample arrangement for use of clinical and related facilities.

(Appropriate Corps officer) to coordinate the trainees' clinical learning experiences within the (appropriate) service. This involves the planning with faculty or staff members for the assignment of trainees to specific clinical cases and experiences, including their attendance at selected conferences, clinics, courses, and programs conducted under the direction of the Facility.

4. Provide, whenever possible, in connection with the trainees' clinical learning experience, reasonable classroom, conference room, office, and storage space for participating trainees and their faculty or staff supervisors, if assigned; also, whenever feasible, dressing and locker room space.

5. Permit, upon request, the inspection of its clinical and related facilities by agencies charged with the responsibility for ac

creditation of the

The

(Non-Federal institution) will:

1. Provide the Commanding Officer of the Facility with the number of trainees to be assigned, the dates and hours that they will be assigned, and the clinical service to which they will be assigned, no later than the beginning of each training period.

2. Where indicated provide faculty or staff members to assume the responsibility for instruction and supervision of the trainees' clinical learning experiences.

3. Have the supervising faculty or staff member, if any, plan in coordination with designated (-. Corps officers) the assignment that will be assumed by the trainees while participating in their clinical learning experience; also, their attendance at selected conferences, clinics, courses, and programs conducted under the direction of the Facility.

4. Provide and maintain the personal records and reports necessary for the conduct of the trainees' clinical learning experience.

5. Enforce rules and regulations governing the trainees mutually agreed upon by the non-Federal institution and the Facility.

6. Be responsible for health examinations and such other medical examinations and protective measures as the Facility and non

(a) General. The trainees accepted for training under the program authorized by this part shall be given limited, excepted appointments for temporary, intermittent, or part-time training assignments. A general statement of the program with typical training duties and areas should be stated in writing. Positions of certain trainees assigned or attached to a Federal hospital, clinic, or medical or dental laboratory are excluded from the Classification Act (5 U.S.C. 5101-5115) and the Federal Employees Pay Act (5 U.S.C. 5504, 5505, 5541-5548, 6101) in accordance with the provisions of 5 U.S.C. 5102(c) (16), 53515356 and Federal Personnel Manual, chapter 534, subchapter 2, and Regulation 534 FPM Supplement 990-I (5 CFR Part 534).

(b) Stipends. The Civil Service Commission establishes maximum stipends for trainees. However, trainees from non-Federal institutions assigned to Federal facilities as affiliates for part of their training shall receive no stipend from the Federal facility other than any maintenance that may be provided (Civil Service Regulation-Part 534, FPM Supplement 990-1; 5 CFR Part 534).

(c) Appointing authority and nature of action. (1) Authority has been delegated for the making of excepted appointments under Schedule A to certain trainee positions. In processing appoint

(add "part-time" or "intermittent" as applicable). The authority to be cited on the personnel action is the applicable subdivision and paragraph of Schedule A. Schedule A exceptions which apply to all agencies are listed in Appendix C to Chapter 213 of the Federal Personnel Manual. Sections of Schedule A which apply only to the Department of the Navy are printed in the FEDERAL REGISTER. See 5 CFR Part 213, particularly § 213.3108. A partial listing of Navy exceptions is printed in Navy Civilian Personnel Instruction 310.3-6.

(2) Requests for exclusion of other positions from the Classification and Pay Acts and/or requests for excepting other positions from the competitive service and including them under Schedule A should be submitted to the Bureau of Medicine and Surgery with full supporting information. See Part 534 of the Civil Service Regulations and Appendix B of Chapter 213 of the Federal Personnel Manual; 5 CFR Parts 213, 534.

(d) Physical fitness. The Commission does not require that a Certificate of Medical Examination be obtained for Schedule A appointees. The physical examination requirements met by the trainees for admission to their parent institution should be adequate assurance of their physical qualifications for the training program. Therefore no additional requirements are imposed by the Bureau of Medicine and Surgery.

(e) Security investigation. (1) Due to the nature of the assignment, appointments of trainees should normally be limited to 6 months or less. The security investigation required would be that determined by the commanding officer in accordance with Navy Civilian Personnel Instruction 732.7-8. The investigation normally would not be more than a check of references and local agencies.

(2) Appointments for periods extending beyond 6 months and all appointments where incumbent will be considered as occupying a sensitive-noncritical or sensitive-critical position will require that the additional investigative and security requirements of NCPI 732 be met.

(f) Employment documents and records. The following documents and records must be maintained:

(1) Standard Form 57 or 60-Application for Federal Employment.

(2) Standard Form 50-Notification of Personnel Action.

For the purpose of this part, the following definitions apply:

(a) Non-Navy medical and dental care. Any medical or dental care provided outside Navy facilities.

(b) Federal facilities. Any medical or dental facility of the U.S. Government.

(c) Uniformed services. The Army, Navy, Marine Corps, Air Force, Coast Guard, Commissioned Corps of the Coast and Geodetic Survey, and Commissioned Corps of the Public Health Service.

(d) Retired member of the Navy or Marine Corps. (1) Except as indicated in subparagraph (2) of this paragraph, a member or former member of the Navy or Marine Corps who is entitled to retired, retirement, or retainer or equivalent pay from the Navy or Marine Corps.

(2) Does not include a member of a Reserve component who is entitled to retired pay by reason of years of satisfactory Federal service and who has not served on active duty for 8 years other than for training duty.

(e) Physician or surgeon. A person who is legally qualified to prescribe and administer drugs and to perform surgical procedures.1

(f) Dentist. A person who is legally qualified to prescribe and administer drugs and perform procedures related to the teeth, jaws, and to structures contiguous to one or the other.1

1 When used with respect to care obtained from sources of medical and dental care other than those operated by the U.S. Government or a foreign government.