quirement exists and they are found to be qualified.

(c) Voluntary agreements to remain in the Ready Reserve. The Commandant shall require that all persons who have completed their Ready Reserve obligation and who desire to remain in the Ready Reserve and all Standby Reservists who voluntarily request transfer to the Ready Reserve agree to remain in the Ready Reserve. All such agreements shall provide, but need not be limited to, the following:

(1) The period of voluntary membership shall be of not less than one year's duration.

(2) The Reservist may be transferred to the Standby Reserve at any time for cogent reasons.

(3) The Reservist waives his right to transfer to the Standby Reserve during the period of the agreement.

[CGFR 56-19, 21 F.R. 5622, July 26, 1956] § 8.4402 Assignment to Standby Re

serve.

(a) Active status-(1) Original assignment. Under instructions issued by the Commandant, the following persons may be directly placed in the Standby Reserve in an active status without prior membership in the Ready Reserve:

(1) Upon release, those persons subject to the provisions of section 4 (d) (3) of the Universal Military Training and Service Act, as amended, who have served for 5 or more years on active duty but who have an unfulfilled portion of their total statutory obligation.

(ii) Those persons directly entering the Reserve from civil life through a voluntary appointment or enlistment who are not serving under a statutory obligation and are not otherwise subject to military service.

(2) Assignment by transfer for failure to execute agreement. Under instructions issued by the Commandant, the following members who are otherwise qualified to remain in the Ready Reserve and for whom a suitable vacancy exists shall be transferred to the Standby Reserve in an active status upon a finding that they have declined an opportunity to execute an agreement provided for in § 8.4401 (c).

(i) Those who have served on active duty for not less than a total of 5 years.

(ii) Those who have completed the periods of active duty and Ready Reserve participation prescribed in section 263 of the Armed Forces Reserve Act, as amended.

(iii) Those who have served on active duty and participated satisfactorily in an accredited training program of the Ready Reserve for a combined total of five or more years.

(iv) Those who have served on active duty for not less than twelve months between December 7, 1941 and September 2, 1945 and for an additional period of not less than twelve months subsequent to June 25. 1950 unless such transfer would render them liable to induction for active training and service.

(v) Those who served as a member of one or more Reserve components for not less than eight years subsequent to September 2, 1945 unless such transfer would render them liable to induction for active training and service.

(3) Assignment by transfer for lack of qualifications or lack of vacancies. Under instructions issued by the Commandant, a member of the Ready Reserve who is not qualified to remain therein or for whom no suitable vacancy exists shall be transferred to the Standby Reserve in an active status and such a member need not be afforded an opportunity to remain in the Ready Reserve.

(4) Assignment by transfer through screening program. Under instructions issued by the Commandant, those persons who are determined to come within the screening provisions contained in § 8.4407 shall be transferred to the Standby Reserve.

(b) Inactive Status List. (1) Members who on January 1, 1953, were on the Inactive Status List created by Title III of the act of June 29, 1948, as amended (62 Stat. 1087), shall be deemed to have retained such inactive status unless and until removed therefrom in accordance with the regulations contained in this part.

(2) When deemed by the Commandant to be in the best interests of the Coast Guard, he may transfer personnel in the Standby Reserve on inactive duty who are not required to remain members of a reserve component and who are unable to participate in prescribed training to the Inactive Status List, provided that persons who qualify for retirement under Title III of the act of June 29, 1948, as amended (62 Stat. 1087), except for age, may still be placed on the Inactive Status List as provided in that act.

(3) A Reserve officer who fails to attain the minimum number of points (not to exceed 12 per anniversary year exclusive of the 15 membership points) prescribed by the Commandant for retention in an active status or who fails to conform to such standards and qualifications as may be prescribed by the Commandant for retention in an active status shall, unless transferred to the Retired Reserve or discharged, be transferred to the Inactive Status List. In lieu of transfer to the Inactive Status List pursuant to this section, a Reserve officer shall, if he applies and is found qualified therefor, be transferred to the Retired Reserve.

(c) Restoration to an active status. Personnel assigned to the Inactive Status List of the Standby Reserve may be transferred by the Commandant to the Standby Reserve in an active status or to the Ready Reserve upon request therefor and provided that vacancies exist within their grades or rates and specialties. The Commandant may require that personnel requesting restoration to an active status indicate the nature and extent of training activities in which they are able and plan to participate.

(d) Under instructions issued by the Commandant, a report shall be made to the Selective Service System whenever a member is transferred to or from the Standby Reserve or whenever a member of the Standby Reserve is discharged.

(e) Under instructions issued by the Commandant, members may be voluntarily retained in the Standby Reserve beyond the expiration of their statutory obligation.

(f) Determination of availability by the Selective Service System. No member of the Standby Reserve may be ordered, without his consent, to active duty in time of war or national emergency declared by the Congress, or when otherwise authorized by law, subsequent to August 9, 1955, until the Director of Selective Service has determined that such member is available for active duty. Nothing in this section shall be construed to prevent a member of the Standby Reserve from volunteering for and being ordered to active duty at any time without a determination of availability by the Director of Selective Service.

[CGFR 53-28, 18 F.R. 3619, June 24, 1953, as amended by CGFR 56-19, 21 F.R. 5622, July 26, 1956; CGFR 58-12, 23 F.R. 7069, Sept. 12, 1958]

§ 8.4403

Anniversary year defined.

As used in §§ 8.4404 and 8.4405, anniversary year is defined as follows:

(a) For persons who were members of a Reserve component of the Armed Forces on 1 July 1949 and so long as they remain continuously in a Federal service status, an anniversary year commences on July 1 of each year and terminates on June 30 of the following year.

(b) For persons who become members of a Reserve component or otherwise enter into a Federal service status subsequent to July 1, 1949, and so long as they remain continuously in such status, an anniversary year commences on the date such status attaches and terminates on the day preceding the anniversary of this date.

(c) For persons who have incurred a break in Federal service and who subsequently become members of the Coast Guard Reserve, an anniversary year commences on the date they accept such membership and terminates on the day preceding the anniversary of this date. [CGFR 53-28, 18 F.R. 3619, June 24, 1953] § 8.4404 Accredited training programs.

For the purpose of meeting service requirements to qualify for transfer from the Ready Reserve to the Standby Reserve under § 8.4402 (a) (1) (iv), the following are prescribed as accredited Reserve training programs:

(a) Prior to July 1, 1949. Membership in a Reserve component of any of the Armed Forces.

(b) Between July 1, 1949, and the anniversary date first occurring subsequent to June 30, 1953. Any training program authorized by the Commandant which afforded a Reservist the opportunity to earn a minimum of fifty retirement points per anniversary year under the provisions of Title III of the act of June 29, 1948, as amended (62 Stat. 1087).

(c) Between the anniversary date first occurring subsequent to June 30, 1953 and August 9, 1955. Any training program authorized by the Commandant which affords the Reservist the opportunity to perform a minimum of fourteen days active duty for training in addition to the opportunity to earn a minimum of fifty retirement points per anniversary year under the provisions of Title III of the act of June 29, 1948, as amended (62 Stat. 1087). In the event the Commandant determines that it is not practicable to incorporate fourteen days active duty for training into a train

ing program due to insufficient funds or facilities, or for other cogent reasons, the lack of this requirement shall not affect the accreditation of such a training program.

(d) Subsequent to August 9, 1955. (1) Any training program authorized by the Commandant under the training categories prescribed in § 8.5311.

[CGFR 53-28, 18 F.R. 3619, June 24, 1956, as amended by CGFR 56-19, 21 F.R. 5622, July 26, 1956]

§ 8.4405

Satisfactory participation in accredited training program.

For the purposes enumerated in paragraph (m) of this section, the following is prescribed as satisfactory participation:

(a) Prior to July 1. 1949. Membership in a reserve component of any of the Armed Forces.

(b) Between July 1, 1949, and the anniversary date first occurring subsequent to June 30, 1953. Membership in an accredited training program on inactive duty and the earning of a minimum of fifty retirement points per anniversary year under the provisions of Title III of the act of June 29, 1948, as amended (62 Stat. 1087).

(c) Between the anniversary date first occurring subsequent to June 30, 1953 and August 9, 1955. (1) Membership in any training unit of an accredited training program and attendance at a minimum of twenty-one periods of inactive duty training conducted by any such unit plus the performance of a minimum of fourteen days of active duty for training per anniversary year.

(2) If the cognizant District Commander certifies that membership in a training unit of any Reserve component is not available because of billet structure or geographic location:

(i) Attendance at a minimum of twenty-one periods of appropriate duty and one fourteen day period of active duty for training per anniversary year,

or

(ii) Completion of a minimum of twenty-one point credits in approved correspondence courses of the Armed Forces and one fourteen day period of active duty for training per anniversary year.

(d) Reduction or waiver of active duty requirement until August 9, 1955. In the event the Commandant determines that it is not practicable to require that members of the Ready Reserve perform four

teen days' active duty for training in any anniversary year due to insufficient funds or facilities, or for other cogent reasons, or for reasons of personal hardship, he may reduce or waive this requirement for all or any part of the Ready Reserve.

(e) Pro rata credit for inactive duty training until August 9, 1955. Subsequent to June 30, 1949, inactive Reserve training in scheduled drills, equivalent instruction or duty, appropriate duty, active duty for training, or completion of correspondence courses, as appropriate, shall be creditable on a monthly basis if the Reservist earns a minimum of three points per month (exclusive of the annual fifteen point credits given for membership in the Reserve) under the provisions of Title III of the act of June 29, 1948, as amended (62 Stat. 1087), and provided that such Reservist held membership in a Reserve component for the entire month in which such points are sought to be credited.

(f) Credit upon transfer to Coast Guard Reserve. For purposes of this section, and upon transfer of personnel to the Coast Guard Reserve from another Armed Force, any service held to be satisfactory participation in an accredited training program in the losing Armed Force shall be creditable toward transfer to the Standby Reserve of the Coast Guard Reserve.

(g) Subsequent to August 9, 1955. Membership and satisfactory performance of duty in any training program authorized by the Commandant under the training categories prescribed in § 8.5311 and, except as provided for in paragraph (h) of this section, participation to the extent prescribed for the training category to which assigned.

(h) Reduction of satisfactory participation subsequent to August 9, 1955. The Commandant may reduce the requirements for satisfactory participation as follows:

(1) The following personnel may be permitted not more than 10 per centum unexcused absence from scheduled drills or training periods:

(i) Members subject to the provisions of section 208 (f) of the Armed Forces Reserve Act, as amended.

(ii) Members who are deferred or exempted under sections 4 (c) (2) and 6 (c) (1) of the Universal Military Training and Service Act, as amended.

(2) All other personnel may be permitted not more than 25 per centum unexcused absence from scheduled drills or training periods.

(i) Compliance measure. (1) Members of the Ready Reserve subject to the training requirements of section 208 (f) of the Armed Forces Reserve Act, as amended (except those enlisted under the provisions of Clause C, paragraph (2), subsection 6 (c) of the Universal Military Training and Service Act, as amended) who in any year fail to participate satisfactorily as prescribed in this section may, under instructions issued by the Commandant, be ordered to perform, without their consent, additional active duty for training for not more than 45 consecutive days.

(2) If failure to participate satisfactorily occurs during the final year of obligatory membership in the Ready Reserve, such membership shall be extended by such period of time, not to exceed 6 months, as may be requiréd for the performance of not more than 45 consecutive days of active duty for training.

(j) Excused absences. Under instructions issued by the Commandant, failure to attend scheduled drills or training periods or annual active duty for training as the result of sickness, injury, emergency, or other circumstances beyond the control of the member may be excused. If excused, such failure shall not of itself prevent the crediting of satisfactory participation.

(k) Cancellation of draft deferment. (1) The following members registered with the Selective Service System who are in a draft-deferred status and who fail to serve satisfactorily shall be reported to that agency but only after the 45 day compliance measure has failed to induce satisfactory performance of training duty:

(i) Those enlisted pursuant to section 262 of the Armed Forces Reserve Act, as amended.

(ii) Those appointed as commissioned officers pursuant to section 6 (d) of the Universal Military Training and Service Act, as amended, who have not been ordered to perform at least two years of active duty.

(2) Members registered with the Selective Service System who are in a draft-deferred status because they were enlisted pursuant to section 6 (c) (2) (C) of the Universal Military Training and Service Act, as amended, and who fail to serve satisfactorily shall be re

ported to that agency immediately upon such failure since they are not subject to the 45 day compliance measure.

(3) No member shall be reported to the Selective Service System until he has registered with that agency.

(1) Revocation of commission. Members commissioned under section 6 (d) of the Universal Military Training and Service Act, as amended, who are in a draft-deferred status and who fail to serve satisfactorily will have their commissions revoked but only after they have been reported to the Selective Service System.

(m) Purposes of section. The criteria prescribed in this section shall be used to determine satisfactory participation for the following purposes:

(1) Transfer from the Ready Reserve to the Standby Reserve: Provided, That beginning with the anniversary year first commencing after 30 June 1958, unless the Commandant provides for other training categories to be added, only satisfactory participation while assigned to training Categories A, B, and H shall be creditable.

(2) Fulfillment of the training requirements established by section 208 (f) of the Armed Forces Reserve Act, as amended.

(3) Employment of the 45 day compli

ance measure.

(4) Continued deferment from induction of members pursuant to sections 4 (c) (2), 6 (c) (2) (C), 6 (d) (1), and 6 (d) (2) of the Universal Military Training and Service Act, as amended.

(5) Continued deferment from induction of members pursuant to section 262 of the Armed Forces Reserve Act, as amended.

(6) Continued exemption from induction of members pursuant to section 6 (c) (1) of the Universal Military Training and Service Act, as amended.

(7) Revocation of commissions pursuant to sections 6 (d) (1) and 6 (d) (2) of the Universal Military Training and Service Act, as amended.

(8) Identification of an organized unit as defined in section 16 (h) of the Universal Military Training and Service Act, as amended.

(9) Transfer from one training category to another under instructions issued by the Commandant.

[CGFR 53-28, 18 F.R. 3619, June 24, 1953, as amended at CGFR 56-19, 21 F.R. 5622, July 26, 1956; CGFR 58-12, 23 F.R. 7070, Sept. 12, 1958]

§ 8.4406 Assignment to Retired Reserve.

(a) Except as provided by paragraph (e) of this section, the following members of the Coast Guard Reserve shall, upon their application, be placed in or transferred to the Retired Reserve by the Commandant and their names shall be placed upon a Coast Guard Reserve Retired List established by § 8.1106 (c):

(1) Reservists who have completed a total of twenty years of honorable service in any component of the Armed Forces or Armed Forces without component including those Reserve components enumerated in section 306 (c) of Title III of the act of June 29, 1948, as amended (62 Stat. 1087).

(2) Reservists who have been found physically disqualified for active duty as a result of a service-connected disability regardless of total years of service and regardless of age. This subparagraph shall be liberally applied and shall be extended to all cases in which there is any reasonable relationship between military service and disability.

(3) Reservists who have been retired or granted retired pay under any provision of law.

(4) Reservists who have attained the age of 62 years regardless of length of service unless retained until age 64 pursuant to law.

(b) Except as provided by paragraph (e) of this section, the following members of the Coast Guard Reserve may, upon their application, be placed in or transferred to the Retired Reserve by the Commandant and if so transferred, their names shall be placed upon a Coast Guard Reserve Retired List established by § 8.1106 (c):

(1) Reservists who, having attained the age of 37 years, have completed a minimum of eight years of satisfactory federal service as defined in section 302 (b) of Title III of the act of June 29, 1948, as amended (62 Stat. 1087).

(2) Reservists who, having attained the age of 37 years, have completed a minimum of eight years of satisfactory federal service as defined in section 306 (b) of Title III of the act of June 29, 1948 as amended (62 Stat. 1087), provided they have served honorably on active duty in time of war or national emergency for at least six months.

(3) Reservists who have been found physically disqualified for active duty or Reserve officers who have attained the years in age and grade as indicated in the following table:

Provided they meet one of the following requirements:

(i) Honorable service on active duty between April 6, 1917 and November 11, 1918, or between September 9, 1940 and December 31, 1946, or between December 16, 1950 and a terminal date to be fixed by the Commandant.

(ii) At least ten years of honorable service.

(iii) Hold a combat award.

(iv) Have qualifications that could usefully be employed on active duty in a capacity consistent with the physical disability.

(v) Have other extraordinary considerations which would justify transfer to the Retired Reserve.

(c) Notwithstanding any other provisions of the regulations in this part, the following former members of the Coast Guard Reserve may, upon their application and upon the recommendation of the Commandant, be reappointed or reenlisted in the same rank or rate with the date of rank or rate in which they were previously separated: Provided, That simultaneously with the submission of such application they apply for and are found to be qualified for immediat placement in the Retired Reserve. To be found qualified for such placement, they must meet one of the conditions prescribed in paragraphs (a) and (b) of this section as of the date of their last separation from the Reserve. The names of persons so reappointed or reenlisted shall be placed upon a Coast Guard Reserve Retired List established by § 8.1106 (c):

(1) Former members who, because of their failure to meet the prescribed physical standards in effect at the time of separation, were involuntarily separated or not offered reenlistment or reappointment.

(2) Former members whose separation was effected by reason of attainment of the statutory age limit in effect at the time of separation.

(d) Upon placement in or transfer to the Retired Reserve, a Reservist's name shall be placed on a Coast Guard Reserve Retired List in his permanent grade, or in the highest temporary grade in which he served satisfactorily as determined by