After you read this fact sheet, please call the Hotline (877-447-4487) to talk over your options with a counselor.
There are many different kinds of duty to which a reservist might be ordered to appear, including active duty for training, drills, annual training, muster, and mobilization and deployment. Members of the national guard can also be ordered to duty in state emergencies without ever coming under orders from the federal government (that is, under Title 10, Armed Forces, of the US Code). GI Rights Hotline counselors are available for a free, confidential consultation on any of these issues.
Any reservist called to active duty under Title 10 U.S.C is subject to the UCMJ from the date that orders indicate they are to report for duty and any absence on or after that date is punishable by the UCMJ. Nevertheless, many absence offenses that could be punished under the UCMJ are never referred to court-martial or non judicial punishment. GI Rights Hotline counselors can help assess possible and likely consequences for absent reservists. There are some special categories mentioned below.
Comments: To view or download the complete regulation, click on the the link to it in the box above these comments.
ENCLOSURE 3
RESERVE PARTICIPATION ...
3. Unsatisfactory Participation
a. SELRES (Other than Commissioned Officers)
Comments: "SELRES" is the Selected Reserve, which is required to attend drills and annual trainings. "MSO" is Military Service Obligation, which is specified by your enlistment contract.
(1) SELRES Members Who Have Not Fulfilled Their MSO. Members of the SELRES who have not fulfilled their statutory MSO pursuant to Reference (d) and whose participation has been unsatisfactory may be processed, at the discretion of the Secretary concerned or the Commandant of the USCG, as follows:
(a) Ordered to AD, if those SELRES members have not served on AD for a total of 24 months, for a period of time deemed necessary by the Secretary concerned or the Commandant of the USCG pursuant to section 12303 of Reference (f) and authorized by Executive Order 11366 (Reference (k)). Such individuals may be required to serve on AD until their total AD service equals 24 months. To achieve fair treatment among Service members who are being considered for AD under this section, appropriate consideration will be given to family responsibilities. In addition, the Service member’s civilian employment will be considered if their absence jeopardizes the ability to maintain national health, safety, or interest.
(b) Ordered to ADT, regardless of the length of prior AD, for a period of not more than 45 days pursuant to section 10148 of Reference (f). Members of the ARNGUS or the ANGUS may be ordered to AD under section 10148 of Reference (f) 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.
(c) Transferred to the IRR for the balance of their statutory MSO when the Secretary concerned or the Commandant of the USCG determines that if mobilized the individual still possesses the potential for useful military service.
(d) Discharged, if an enlisted Service member, for unsatisfactory performance in the Ready Reserve, pursuant to section 7 in Enclosure 3 of DoDI 1332.14 (Reference (l)).
Comments: The National Guard (NG) and the Air National Guard (ANG) are under the jurisdiction of the states as well as the U.S. military and some states sometimes impose penalties when the U.S. military does not (or in addition to the penalties imposed by the U.S. military). Call the GI Rights Hotline or contact a GI Rights Network branch for more information.
(2) SELRES Members Who Have Fulfilled their MSO. Members of the SELRES who have fulfilled their statutory MSO pursuant to Reference (d) and whose participation has been unsatisfactory may be processed, at the discretion of the Secretary concerned or the Commandant of the USCG, as follows:
(a) Transferred to the IRR or the Standby Reserve inactive status for the balance of their current enlistment when the Secretary concerned or the Commandant of the USCG has determined that if mobilized the Service member still has potential for useful military service.
(b) Processed for administrative discharged, if an enlisted Service member, for unsatisfactory performance pursuant to Reference (l).
(3) Enlisted SELRES Members Ordered to ADT
(a) Individuals assigned to the SELRES who are ordered to ADT pursuant to section 10148 of Reference (f) may be:
1. Returned to their previous unit of assignment upon completion of ADT.
2. Transferred to the IRR (with the consent of the State authority, if a member of the Army National Guard (ARNG) or Air National Guard (ANG)) upon completion of ADT.
(b) If in the last year of the term of enlistment or the military service agreement, that SELRES member, who is not a member of the ARNGUS or ANGUS, may be extended up to 6 months to permit completion of the designated period of ADT, pursuant to section 10148(a) of Reference (f).
Comments: The IRR does not drill, but must report current personal information, including health, annually.
b. SELRES (Officers). Commissioned officers in the SELRES who have unsatisfactory participation may be processed for administrative separation in accordance with sections 12681 and 12683 of Reference (f), and DoDI 1332.30 (Reference (p)) or when the military authority has recommended a discharge under other than honorable conditions.
c. IRR (1) Members of the IRR ordered to ADT pursuant to requirements in section 10147 of Reference (f), ordered to muster duty pursuant to requirements in section 12319 of Reference (f) to meet annual screening requirements, or ordered to duty to complete other annual screening requirements prescribed by the Secretary concerned or the Commandant of the USCG, who fail to perform that duty without producing satisfactory evidence as to why they were unable to perform that duty, will be designated as unsatisfactory participants.
(2) Members of the IRR who have not fulfilled their MSO, pursuant to Reference (d), 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, will be designated as unsatisfactory participants. At the discretion of the Secretary concerned or the Commandant of the USCG, IRR members with unsatisfactory participation may be processed, as follows:
(a) Ordered to ADT, regardless of the length of the prior AD, for a period of not more than 45 days pursuant to section 10148 of Reference (f). Members of the ARNGUS and ANGUS may be ordered to ADT under section 10148 of Reference (f) only upon request of the governor of the State concerned or the Commanding General of the DC NG. A member of ARNGUS or ANGUS ordered to ADT under this section will be ordered to duty as a Reserve of the Army or a Reserve of the Air Force.
(b) 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.
(c) Enlisted IRR members may be processed for separation for unsatisfactory participation, pursuant to Reference (l), when the Secretary concerned has determined that if mobilized the individual has no potential for useful military service. (d) Commissioned officers with unsatisfactory participation may be processed for administrative separation in accordance with sections 12681 and 12683 of Reference (f), and Reference (p).
...
4. HARDSHIPS AND DELAYS a. 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 (q)), Reference (l), and Reference (p).
b. Delays. Individuals involuntarily ordered to AD or ADT may be authorized a delay, according to the rules set by the Secretary concerned or the Commandant of the USCG.
5. EXCEPTIONS. Members of the Ready Reserve who are unable to participate for any of the following reasons will be processed as indicated:
a. Unit Inactivation or Relocation. Members of the SELRES who are unable to participate because of unit inactivation or relocation, and reside beyond the commuting area of the inactive duty site, will be transferred to the IRR and subject to the participation requirements in this enclosure.
b. Individual Relocation. Members of the SELRES who permanently change their residences, which results in residing beyond a reasonable commuting area of their assigned unit, may:
(1) Request to retain their position in their unit of assignment.
(2) Lose their billet and be transferred to another SELRES billet within the same RC, if possible, or be given 90 days from departing their original unit for the Service member to locate and join another unit before transfer to the IRR.
(3) Request assignment to vacancies that require different specialties than the SELRES members possess. The Secretary concerned or the Commandant of the USCG may provide for retraining these members (with their consent) by ordering them to ADT to acquire the necessary specialties.
(4) Be accepted in another RC within their Service, regardless of unit vacancies, if established end strength with authorized variance is not exceeded, and subject to the following conditions:
(a) The losing unit certifies that the participation of the Ready Reserve members has been satisfactory.
(b) The grades and specialties of the Ready Reserve members are usable in the unit, the SELRES members may be retrained by on-the-job training, or Service members agree to be retrained by being ordered to ADT.
(5) Be authorized to transfer to another RC pursuant to DoDI 1205.05 (Reference (r)).
(6) Not be assigned to a unit beyond a reasonable commuting area without the SELRES members’ consent.
c. SELRES Billet Not Available. When another billet of the same RC is not located, those members of the SELRES will be transferred to the IRR.
d. Key Employees. Members of the Ready Reserve who are key employees or in key positions will be processed as described in Reference (q).
e. Individuals Preparing for Ministry. Members of the Ready Reserve preparing for ministry in an accredited theological or divinity school will be transferred to the Standby Reserve (active status) for the duration of their ministerial studies. Ready Reserve members participating in a military Chaplain Candidate or Theological Student Program may continue their Ready Reserve affiliation and engage in AD and IDT.
f. Individuals Enrolled in Graduate Study for Health Professions. Individuals enrolled in graduate study for health professions will be screened for Reserve appointments pursuant to DoDD 6000.12E (Reference (s)).
g. Overseas Residency. Individuals who incur a temporary non-military obligation requiring residency outside the United States that prevents them from performing their required Reserve duties may be assigned to the Inactive National Guard (ING) or the Standby Reserve, during the period of temporary non-military obligation residency outside the United States.
h. Participation in the Serviceman’s Group Life Insurance (SGLI) Program by Members of the IRR. Members of the IRR, authorized to attend IDT for retirement points, with past due SGLI premium payments, and who have not declined SGLI coverage, will not be permitted to perform voluntary inactive duty, annual training, or serve on AD until their SGLI premiums are paid in full.
...
Glossary ...
PART II. DEFINITIONS
Unless otherwise noted, these terms and their definitions are for the purpose of this Instruction.
commuting area. The distance that a Ready Reserve member may be required to involuntarily travel between residence and the inactive duty site. The Secretary concerned or the Commandant of the USCG may determine commuting area in accordance with the Joint Travel Regulations (Reference (v)), taking into consideration modes of travel, local traffic conditions, weather, and safety of the members. ...
unsatisfactory participation. Failing to fulfill the contractual obligation or military service agreement. Participation is unsatisfactory when:
Members of the SELRES acquire more than nine unexcused absences from scheduled IDT 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 (IRR and ING) fail to meet the standards prescribed by the Secretaries concerned or the Commandant of the USCG for annual screening, or fail to perform prescribed ADT, or fail to perform duty to prescribed standards, or engage in misconduct for military offenses.