DoD Instruction 1215.13 Reserve Component (RC) Participation Policy (May 11, 2009)
Commentario: Para ver o descargar la norma entera, haga clic en su enlace, que está dentro de la casilla que se encuentra arriba de estos comentarios.
ENCLOSURE 2
PROCEDURES
1. RESERVE PARTICIPATION
...
d. Unsatisfactory Participation
(1) In the SELRES (Other than Commissioned Officers)
Commentario: "SELRES" significa la Selected Reserve (las reservas elegidas), que tienen que asistir a "drills" (instrucciones) y entenamientos anuales. "MSO" significa Military Service Obligation (obligación del servicio militar), la cual es especificada por su contrato de alistamiento.
(a) SELRES Members Who Have Not Fulfilled Their MSO. Members of the SELRES who have not fulfilled their statutory MSO pursuant to section 651 of Reference (d) and whose participation has been unsatisfactory may be processed, at the discretion of the Secretary concerned, as follows:
1. Ordered to AD, if those SELRES members have not served on AD or ADT for a total of 24 months, for such period of time as may be deemed necessary by the Secretary ... Such individuals may be required to serve on AD until their total service on AD equals 24 months. To achieve fair treatment among members who are being considered for AD under this section, appropriate consideration shall be given to family responsibilities; and employment necessary to maintain the national health, safety, or interest.
2. Ordered to ADT, regardless of the length of prior AD or ADT, for a period of not more than 45 days ... Members of the NG may be ordered to AD under ... only upon request of the Governor of the state concerned or, in the case of the District of Columbia (DC), the Commanding General of the DC NG.
3. Transferred to the IRR for the balance of their statutory MSO when the Secretary concerned has determined that if mobilized the individual still possesses the potential for useful military service.
4. Discharged, if an enlisted Service member, for unsatisfactory participation, in the Ready Reserves, pursuant to paragraph 7 in Enclosure 3 of DoDI 1332.14 ... Unless the Service member requests a hearing before an Administrative Discharge Board (ADB), the discharge process shall not require convening a board when:
a. The commander has recommended that the Service member be discharged under honorable conditions pursuant to Reference (i).
b. The Secretary concerned has determined that if mobilized the Service member does not possess the potential for useful military service.
Commentario: La National Guard (NG) y la Air National Guard (ANG) están dentro de la jurisdicción de los estados además de la de las fuerzas armadas y algunos estados a veces imponen castigos en casos en los cuales no lo hacen las fuerzas armadas (o castigos adicionales además de los que imponen las fuerzas armadas). Llame a la Línea directa de los derechos de los militares o comuníquese con una agencia de la Red de los derechos de los militares.
(b) SELRES Members Who Have Fulfilled their MSO. Members of the SELRES who have fulfilled their statutory MSO pursuant to section 651 of Reference (d) and whose participation has been unsatisfactory may be processed, at the discretion of the Secretary concerned, as follows:
1. Ordered to AD or ADT ...
2. Transferred to the IRR or the Standby Reserve inactive status for the balance of their current enlistment when the Secretary concerned has determined that if mobilized the Service member still has potential for useful military service.
3. Discharged, if an enlisted Service member, for unsatisfactory participation ... when the Secretary concerned has determined that if mobilized the Service member has no further potential for useful military service.
(c) ADBs for Enlisted SELRES Members
1. An ADB shall convene, unless waived by the SELRES member, to consider the circumstances and recommend action when:
a. An enlisted member of the SELRES is identified as an unsatisfactory participant, and
b. The military authority has recommended discharge under other than honorable conditions, or when required by statute.
2. When an enlisted member of the SELRES is identified as an unsatisfactory participant and the military authority has not recommended discharge under other than honorable conditions, that SELRES member may be discharged without the convening of an ADB, unless requested by the Service member, pursuant to Reference (i).
(d) Enlisted SELRES Members Ordered to ADT
1. Individuals assigned to the SELRES who are ordered to ADT ... may be:
a. Returned to their previous unit of assignment upon completion of ADT.
b. Transferred to the IRR (with the consent of the State authority, if a member of the NG) upon completion of ADT.
2. The term of enlistment, or the military service agreement for that SELRES member, who is not a member of the NG, may be extended up to 6 months to permit completion of the designated period of ADT ...
...
(3) In the IRR
Commentario: Las IRR (reservas listas individuales) no asisten a "drills" (instrucciones), pero tienen que informar anualmente de sus datos personales actuales, entre ellos el estado de su salud.
(a) Members of the IRR who are ordered to ADT ... , those ordered to muster duty, ... to accomplish annual screening requirements, and to complete other annual screening requirements as prescribed by the Secretary concerned; and fail to perform that duty without producing satisfactory evidence as to why they were unable to perform that duty, shall be designated as unsatisfactory participants.
(b) Members of the IRR who have not fulfilled their MSO ..., who were enlisted or appointed under any program where the MSO may be fulfilled by military service in the IRR, and whose participation in such a program has not been satisfactory, shall be designated as unsatisfactory participants. At the discretion of the Secretary concerned, IRR members with participation that is unsatisfactory may be processed, as follows:
1. Ordered to ADT, regardless of the length of the prior AD or ADT, for a period of not more than 45 days ... for failure to perform training ... Members of the NG may be ordered to AD ... only upon request of the Governor of the state concerned or, in the case of the DC, the Commanding General of the DC NG. A member ordered to AD under this section shall be ordered to duty as a Reserve of the Army or as a Reserve of the Air Force, as the case maybe.
2. Retained in the IRR or transferred to the Standby Reserve inactive status for the balance of their statutory MSO, current enlistment contract, or military service agreement when the Secretary concerned has determined that if mobilized the individual concerned still possesses the potential for useful military service.
3. Enlisted IRR members shall be processed for separation for unsatisfactory participation, pursuant to Reference (i), when the Secretary concerned has determined that if mobilized the individual has no potential for useful military service.
4. Commissioned officers with participation that has been unsatisfactory may be discharged from an RC. When required ... such a discharge may only be affected under an approved recommendation from a board of officers convened by an authority designated by the Secretary concerned.
...
e. Hardships and Delays
(1) Hardships. Individuals with orders to involuntary AD that may result in extreme community or personal hardship, upon their request, may be transferred to the Standby Reserve, the Retired Reserve, or may be discharged, pursuant to DoDD 1200.7 (Reference (l)).
(2) Delays. Individuals involuntarily ordered to AD or ADT, may be authorized a delay, according to the rules set by the Secretary concerned.
f. Exceptions. Members of the Ready Reserve who are unable to participate for any of the following reasons shall be processed, as indicated:
(1) Unit Inactivation or Relocation. Members of the SELRES who are unable to participate by reason of unit inactivation or relocation, and reside beyond the commuting distance of a Reserve unit, shall be transferred to the IRR and shall be subject to the participation requirements in Reference (d) and subparagraph 1.a. of this enclosure.
(2) Individual Relocation. Members of the SELRES who permanently change their residences, which results in residing beyond a reasonable commuting distance of their assigned unit, may:
(a) Request to retain their position in their unit of assignment.
(b) Lose their billet and be transferred to another paid-drill unit of the same RC, if possible, or be given 90 days from departing their original unit to locate and join another unit before transfer to the IRR.
(c) Request assignment to vacancies that require different specialties than the SELRES members possess. The Secretary concerned may provide for retraining these members (with their consent) by ordering them to ADT to acquire the necessary specialties.
(d) Be accepted in another RC within their Service, regardless of unit vacancies, if established end strength is not exceeded, and subject to the following conditions:
1. The losing unit certifies that the participation of the RC members has been satisfactory.
2. The grades and specialties of the RC members are usable in the unit, the SELRES members may be retrained by on-the-job training, or members agree to be retrained by being ordered to ADT.
(e) Be authorized to transfer to another RC ...
(f) Not be assigned to a unit beyond a reasonable commuting distance without the SELRES members' consent.
...
ENCLOSURE 3
CRITERIA FOR SATISFACTORY PARTICIPATION IN THE RCs
...
PART II. DEFINITIONS
Unless otherwise noted, these terms and their definitions are for the purpose of this Instruction.
commuting distance. The maximum distance an obligated member of an RC may be required to travel involuntarily between residence and IDT site. Allowed distances include:
A 100-mile radius of the IDT site or a distance that may be traveled by automobile under average conditions of traffic, weather, and roads within 3 hours. This applies only to those units that normally do four IDT sessions on 2 consecutive days where Government meals and quarters are at the unit IDT site.
A 50-mile radius of the IDT site or a distance that may be traveled by an automobile under average conditions of traffic, weather, and roads within 1 1/2 hours where Government meals and quarters are not at the unit IDT site.
...
unsatisfactory participation. Failing to fulfill the contractual obligation or military service agreement as a member of the Ready Reserve. Participation is unsatisfactory when:
Members of the SELRES acquire at least nine unexcused absences from scheduled inactive duty training periods within a 12-month period, or fail to perform prescribed ADT, or fail to perform duty to prescribed standards, or engage in misconduct for military offenses.
Members of the Ready Reserve (other than the SELRES) fail to meet the standards prescribed by the Secretaries concerned for annual screening, or fail to perform prescribed ADT, or fail to perform duty to prescribed standards, or engage in misconduct for military offenses.