rank or rate, file or serial number of deceased, date and place of birth; source of information; date, place, and cause of death; and names and addresses of next of kin.

(c) If a Reservist dies while on active duty or training duty, reports required in the cases of personnel of the regular Coast Guard shall be made.

(d) District Commanders and commanding officers of Coast Guard units are authorized to furnish escorts, as provided by Regulations, U.S. Coast Guard, for Reservists, who were on inactive duty at time of death when such request is made by the next of kin and when it can be done without expense to the Government.

(e) An escort of one person may be provided at Government expense in accordance with Regulations, U. S. Coast Guard, to escort the remains of a Reservist who dies while performing active duty or training duty.

(f) Reservists who die while on active or training duty are entitled to burial in National cemeteries. Their next of kin are entitled to receive the national flag in accordance with the provisions of Regulations, U. S. Coast Guard.

(g) For instructions regarding procedure in case of death while on active or training duty, consult Regulations, U. S. Coast Guard.

[6 F.R. 1930, Apr. 15, 1941, as amended by CGFR 58-12, 23 F.R. 7068, Sept. 12, 1958] § 8.1704

Use of title and reference to Coast Guard for commercial enterprises.

(a) Personnel of the Coast Guard Reserve while serving on inactive duty may use their military titles in connection with any commercial enterprise. However, a Reservist so serving and who desires to have published articles under his signature and military title should cause to appear a statement to the effect that the opinions or assertions contained therein are the private views of the writer and are not to be construed as official or as reflecting the views of the Commandant or of the Coast Guard.

(b) Personnel of the Coast Guard Reserve are not permitted to use the official letters or words pertaining to the Coast Guard enumerated in Title 14, United States Code, section 639, for purposes of commercial trade or advertisement. [CGFR 53-63, 19 F.R. 4319, July 14, 1954]

§ 8.2101

PROCUREMENT

GENERAL REQUIREMENTS

Eligibility for membership.

Only citizens of the United States, its territories or possessions are eligible for appointment or enlistment in the Reserve.

[CGFR 54-21, 19 F.R. 5396, Aug. 25, 1954] § 8.2102 Procurement policies.

(a) Reasons for rejection. None of the following persons shall be appointed, enlisted, or reenlisted in the Reserve:

(1) An insane or intoxicated person. (2) A person of known bad character. (3) A person known to have committed a crime.

(4) A person who is a deserter from the military service of the United States. (5) A person who has not the consent of parents or spouse required of an applicant for enlistment or appointment in the Regular Coast Guard by appropriate provisions of the Personnel Manual.

(6) A person who does not meet the standard physical requirements for enlistment or appointment unless a waiver of physical defects is granted.

(7) A person who is deemed to be a loyalty or security risk to the interest of the national defense of the United States.

(8) A person who is drawing retired pay from the Government of the United States on account of his own military service.

(9) An habitual user of intoxicants or drugs.

(10) A person whose civilian occupation is deemed to be such as would require a deferment in excess of 3 months upon being called to active duty.

(11) A person whose civilian occupation is deemed to be such that separation from it in time of war or national emergency would not be in the best interests of the United States.

(12) Except for reenlistment, Selective Service registrants who have received orders from their local board to report for preinduction physical and mental examinations, or to report for induction, unless the order has been cancelled and release is obtained from the local Selective Service Board.

(13) A person who holds current membership in any component of an armed force other than the Coast Guard Reserve, or who is a cadet or midshipman within any military service unless such person has submitted written evidence

(ii) An applicant for appointment or enlistment who is over the age limits prescribed but who has prior military service may be appointed or enlisted if subtraction of total military service from actual age results in an adjusted age which falls within such limits.

(iii) An applicant for appointment or enlistment, with or without prior military service, who is not within the age limits prescribed may nevertheless be appointed or enlisted provided the Commandant determines that such applicant is possessed of skills, talents or abilities for which the Coast Guard has a compelling need in order to fulfill the mission of the Reserve.

(iv) A male applicant for appointment or enlistment who has over the number of dependents listed in subdivision (i) of this subparagraph, may nevertheless be appointed, enlisted, or reenlisted provided that such applicant furnishes proof satisfactory to the Commandant that upon call to active duty a family hardship would not exist.

(v) During any period of national emergency or in time of war, the Commandant is authorized to waive the age limits and dependency requirements prescribed in this paragraph without regard to any of the restrictions imposed in this paragraph.

(15) An enlisted person with prior service whose average proficiency in rating and conduct marks are below 2.75 and 3.25 respectively.

(b) Material statements or omissions. All statements made in application for appointment, reappointment, enlistment, or reenlistment are held to be material facts and any misstatement or omission of such material facts will be considered as grounds for discharge.

(c) A person who has incurred a period of obligated military service pursuant to appropriate provisions of law shall not be transferred to the Reserve from the Regular component of the Coast Guard to complete his remaining portion of such obligated service who, if he applied for enlistment would be rejected under paragraph (a) of this section.

(d) Subject to the regulations contained in this part, final determination as to whether or not an applicant is qualified for appointment, enlistment, or reenlistment in, or for transfer to the Reserve is vested in the Commandant.

(e) Prior to his taking of the oath, each applicant shall have explained to him the military obligation which he will be undertaking by his appointment or enlistment and the amount and degree of participation required by law and these regulations in this part.

[CGFR 54-21, 19 F.R. 5396, Aug. 25, 1954, as amended by CGFR 56-22, 21 F.R. 4049, June 13, 1956; CGFR 57-23, 22 F.R. 7054, Aug. 31, 1957]

§ 8.2103 Procurement of officers.

(a) In the procurement of officers preference shall be given to:

(1) Personnel of the Coast Guard; (2) Members of the Auxiliary;

(3) Experienced operators of small boats and yachts;

(4) Licensed deck and engineer officers and ex-members of the Coast Guard not employed on ocean or coastwise vessels or not employed in positions on shore directly in connection with the operation and management of ships.

(b) The commissioning of an officer in the Reserve makes him a part of the Coast Guard establishment, the standards of which must not be jeopardized

through failure to insure that his character, ability and loyalty conform thereto and will be maintained throughout his commissioned status. Headquarters considers the approval or disapproval of applications for appointment or reappointment in the Reserve and recommendations for waivers, of such importance as to warrant the personal attention of the District Commanders whenever practicable. When it is impracticable for a District Commander to interview a candidate personally, the forwarding indorsement shall so state.

(c) Examining boards will be convened by District Commanders at places within their jurisdiction, as near as practicable to the place of residence of the applicant. Examining boards will consist normally of three officers, but may consist of two officers. At least two members of the board will be regular Coast Guard officers, but the third member may be an officer of the Reserve. In no case will a member of the board be junior in grade to that for which the applicant is being examined. The consent of a Reserve officer must be obtained before he is designated as a member of an examining board and he will not be placed on active or training duty for this purpose.

(d) (1) Upon completion of the examination the board will prepare a report on each case embodying:

(i) Membership of the board.

(ii) Conclusions of the board stated separately as to the physical, moral, professional, and general fitness of the applicant.

(iii) Statements of any other facts that should be of record for the information of higher authority such as whether or not a result of the examination of the qualifications of the applicant indicates him to be of greater value in some other grade than that for which he applied. (iv) Final recommendations of the board.

(2) The report accompanied by the application for appointment, the report of physical examination on Form 2525-B, and all other papers in the case will be sent without delay to the convening authority, who will review the proceedings and promptly forward them with his recommendation to Headquarters.

(3) When an applicant is recommended for a different grade than that for which application is made, a statement in writing will be obtained by the board from the applicant as to his will

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ingness to accept the recommended appointment. This statement will be forwarded with the report.

(e) Whenever examinations are held, the appearance of the applicant before the board will be required.

(f) (1) In determining fitness for appointment the board will examine into the following:

(i) Physical qualifications. Each applicant will be subjected to a thorough physical examination conducted as prescribed by § 8.1403 and conforming to the standards prescribed for officers of the regular Coast Guard.

(ii) Moral character. The board will inquire rigidly into the moral character of the applicant. It will carefully question the applicant, and may secure any additional information from reliable sources that will be of value to the board or to higher authority. The following checks, insofar as necessary to satisfy this requirement, should be made:

(a) Personal interview, telephone contact, or other means for verification of the letters of recommendation submitted by the candidate. Verification of letters includes questions of authenticity, degree of positiveness, and character of the signer.

(b) Check of candidate's moral standing, standing in community, background and integrity.

(c) Nature of associates, personal characteristics, type of membership in organizations.

The board will make known to the applicant and afford him an opportunity to refute any unfavorable statements relative to his moral character.

(iii) Professional qualifications. The board will examine into the professional and general cultural qualifications of the applicant. The professional and educational qualifications may be determined by the board by written examinations, the scopes of which are set forth in § 8.2204 (a). The examination shall emphasize the practical and minimize the theoretical aspects of the subjects of navigation and seamanship.

(iv) General qualifications. The board will investigate and weigh carefully the applicant's general education, personality, appearance, bearing, experience, and general adaptability for naval or military service. The following check insofar as is necessary to satisfy this requirement should be made:

(a) Check of candidate's statements in general with respect to his employ

ment, previous service or work, interviews, or other contacts with employers.

(b) Evaluation of the reasons given by the candidate for wishing to join the Coast Guard Reserve.

(2) Regardless of physical or other disqualifications, the examination of each applicant will be completed unless, upon being informed of such disqualification, the applicant expresses written consent that his examination be discontinued.

(g) (1) The provisions of paragraphs (c), (d), (e), and (f) of this section are not applicable to the procurement of temporary officers of the Reserves except that such officers shall be required to qualify physically. Temporary officers of the Reserve may be originally appointed by the Commandant in grades and ranks up to and including that of lieutenant commander. District Commanders recommending such appointments will satisfy themselves as to the professional, moral and general qualifications of the candidate recommended.

(2) The provisions of paragraph (c), (d), (e), and (f) of this section are not applicable to the procurement of Reserve officers from personnel of the Regular Coast Guard. Qualifications of such personnel for appointment will be determined by an examining board convened by the Commandant at Headquarters.

(3) The provisions of paragraph (c), (d), (e) and (f) of this section are not applicable to the procurement of Reserve officers through special training classes at the Coast Guard Academy. Qualifications of such personnel for training and appointment shall be prescribed by the Commandant.

(h) As a matter of policy, Headquarters will not approve appointments in the Reserve of foreign-born persons who have been naturalized less than 10 years, or who have not resided continuously in the United States during the 10-year period immediately preceding their application.

[6 F.R. 1931, Apr. 15, 1941, as amended at 6 F.R. 6804, Dec. 30, 1941; 7 F.R. 822, Feb. 7, 1943; 10 F.R. 4666, Apr. 28, 1945; CGFR 58-12, 23 F.R. 7068, Sept. 12, 1958]

§ 8.2104 Appointments of officers; responsibility for.

(a) Headquarters is charged with the approval or disapproval of applications

for appointment or reappointment in the Reserve and may recommend such applicants as meet the requirements of the Coast Guard to the Secretary of the Treasury for appointment or reappointment. In making its recommendations, due consideration will be given by Headquarters to the recommendations of the District Commander of the Coast Guard district through whom the application is submitted. If there is any question of the fitness of the candidate, Headquarters may return the report of the examining board for the purpose of conducting further investigation or more extensive examination.

(b) District Commanders of Coast Guard districts are charged with the responsibility of procuring and recommending candidates for appointment as officers of the Reserve in accordance with instructions issued by Headquarters.

(c) Officers of the Reserve will be procured within quotas.

[6 F.R. 1932, Apr. 15, 1941, as amended by CGFR 58-12, 23 F.R. 7068, Sept. 12, 1958]

§ 8.2105 Procedure in making application for appointment.

(a) Applications for appointment in the Reserve shall be submitted on Treasury Department Form 2725.

(b) An application must show and be signed with the full legal name of the applicant and be forwarded to Headquarters by the examining board, as prescribed by § 8.2103 (d) (2). It must be accompanied by or include the following: (1) Evidence of citizenship as shown below.

(i) If native born:

(a) A duly verified copy of a public or church record of birth, or

(b) The affidavit, under oath, of the physician, midwife, or other persons present at the birth.

(c) In cases where neither (a) nor (b) can be obtained by the candidate, the affidavit of either parent.

(d) In cases where the candidate certified that no one of the above is obtainable, the affidavits (under oath) of two reputable citizens acquainted with him. Each of these affidavits should state the facts within the knowledge of the deponent upon which he bases his statements as to the citizenship of the candidate, as for example, that he has known the candidate since birth, that he knew his parents, or as the case may be.

(ii) If foreign born:

(a) Certificate of naturalization, under the seal of the court in which naturalized.

(b) Certificate of naturalization, under the seal of the court in which naturalized, of the parent during the minority of the candidate, together with the affidavit of a parent that the candidate is the child of the parent whose certificate of naturalization is submitted.

(c) In special cases where the candidate certified that neither (a) nor (b) is obtainable, the affidavits of two reputable citizens acquainted with him (see subdivision (i) (d) of this subparagraph). As every naturalization is a matter of record in some court, these affidavits will be accepted only in very exceptional cases, and on the understanding that the candidate shall later submit a proper certificate of naturalization.

(2) Properly authenticated transcript of educational qualifications.

(3) Brief résumé (in applicant's own handwriting) of business or professional experience, and any other information which may assist Headquarters in evaluating special qualifications. If applicant is a qualified pilot of aircraft, duly certified statements of total pilot time, with types of aircraft and pilot time for past 12 months and statement of experience in aviation engineering, aerial navigation, and radio communication, should be included.

(4) Fingerprint records, Treasury Department Form 2515.

(5) Three or more letters of recommendation, and at least three references of individuals who are prominent in the community, who may be personally contacted for information regarding applicant. These letters and references should serve to furnish information as to the applicant's moral, mental and professional qualifications. In case the candidate is an enlisted man, a transcript of service record and recommendation of his commanding officer, in addition to the other letters of recommendation.

(6) Report of physical examination, Treasury Department Form 2525-B.

(7) Two recent photographs of the applicant's head and shoulders, one profile and one full-face, each about 22 inches by 21⁄2 inches.

(8) Statement as to prior military or naval service.

(9) Statement as to receipt or nonreceipt of pension, compensation or retired pay from the Government of the United States.

(10) Statement from employer or responsible authority as to availability for active duty.

(11) Statement from district commander as to the character of active duty assignment for which candidate is qualified and is required.

(12) Statement from District Commander as to vacancy in quota.

(13) Report of interview by district commander. This report should afford reviewing officers a clear picture of the applicant's prospective value as a Reserve officer, with special reference to officerlike qualities as distinguished from technical or professional qualifications.

(14) An agreement to take such correspondence courses as may be prescribed.

(c) The provisions of paragraphs (a) and (b) of this section are not applicable to the personnel of the regular Coast Guard, except such parts thereof as may be required by the examining board convened in accordance with § 8.2103 (g) (2).

[6 F.R. 6805, Dec. 30, 1941]

REQUIREMENTS FOR ORIGINAL APPOINTMENT OF OFFICERS