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Absences from the Reserves

Navy

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.

COMNAVCRUITCOMINST 1130.8K (JUL 2016) NAVY RECRUITING MANUAL-ENLISTED VOLUME V - DELAYED ENTRY PROGRAM

Comment: To view a copy of the above regulation, contact the GI Rights Hotline at 877-447-4487.



040106. POLICIES AND STANDARDS FOR ADMINISTRATIVE SEPARATION OF DEP PERSONNEL


Comments: "DEP" is "Delayed Entry Program".

    …

   
c. Commanding Officers are authorized to administratively separate (discharge) a member on inactive duty in DEP if, before the start of ACDU or IADT, that member does not meet the qualifications for enlistment as prescribed by NAVCRUITCOM or the member undergoes a change in personal situation or attitude that justifies separation from DEP. An administrative separation under this provision is an uncharacterized Entry Level Separation (ELS).


Comments: "ACDU" is "Active Duty", "IADT" is "Initial Active Duty Training", also known as "boot camp".  Here (and below) it says that the separation is an Entry Level Separation.

A member who is being separated from DEP for a reason other than basic enlistment eligibility disqualification, must be counseled concerning opportunities in the Navy Reserve. The reasons for enlistment ineligibility may include but are not limited to:

Comments: Although the regulation says "may" instead of "must", no one has been denied separation (discharge) from the DEP since at least the 1970s (according to Rod Powers, usmilitary.about.com).

    …

   
(8) DEP member for USN or USNR program refuses to access onto active duty as scheduled.

    (9) DEP member whereabouts become unknown.

    (10) DEP member wants to pursue a four-year college education.

    …

    (16) Enlistment misunderstanding.

    …

    (18) Parental consent is withdrawn for a 17-year-old DEP member.

    …

   Note 1: Threatening DEP member with possible disciplinary actions for failing to enlist or coercing DEP members to fulfill their contractual obligations is inconsistent with the concept of the all-volunteer force (AVF).

Comments: It is against the regulation to threaten you.

If a member of DEP refuses to ship, recruiters will not address the issue of possible disciplinary consequences for failure to report to active duty, nor will the DEP member be told that it is Navy policy to order or force an unwilling member to recruit training or to any other form of active or reserve duty.

Note 2: Recruiters must inform their Division Leading Chief Petty Officer (DLCPO) immediately whenever a DEP member is either unable or expresses intent of not fulfilling their contractual obligation for any reason. Once notified, the DLCPO has up to 48-hours to make contact with the DEP member to affirm the individual’s desires, attempt to re-motivate (in a professional manner-free of coercion or intimidation), and notify the command of recommended action to satisfy the DEP member’s desires. When DEP discharge is recommended, the CO may direct the immediate administrative separation of the member from DEP. The timeline from recruiting personnel notifying the DLCPO to the Commanding Officer’s direction to DEP discharge a DEP member shall not exceed 72-hours. A DEP Action Request (DAR), documenting DEP discharge must be placed in the member’s residual file.

Note 3: Recruiting personnel will exercise sound judgment in their dealings and actions with DEP members declining enlistment to prevent them from feeling intimidated or coerced. This includes directing DEP members to travel beyond their hometown to facilitate a face-to-face meeting with recruiting supervisors for the purpose of discussing their reason(s) for declining to access onto active duty.

    …

    040107. PROCEDURES FOR ADMINISTRATIVE SEPARATION OF DEP PERSONNEL. NAVCRUITDIST COs will separate individuals under the following procedures:

   
a. Instructions Concerning Notification:

    (1) Deliver the NAVPERS 1070/613 (Administrative Separation from Delayed Entry) personally to the respondent or send by first class mail. Reasonable effort should be made to furnish a copy to the member through personal contact by a representative of the command (normally recruiter of record unless transferred, on leave, or otherwise unavailable).

    (2) The notice must state the member was administratively separated and the reason for the action. That an Entry Level Separation is an administrative separation without characterization of service.

    …

  
  c. Caution. Do not use the Certificate of Release or Discharge from Active Duty (DD Form 214) or reenlistment recommendation codes (RE-codes) in conjunction with an administrative separation from DEP.


BUPERS INSTRUCTION 1001.39F (17 Sep 07) Administrative Procedures for Navy Reservists

Source
BUPERS INSTRUCTION 1001.39F (17 Sep 07) Administrative Procedures for Navy Reservists (1.1 MB)

Comments: To view or download the complete regulation, click on the the link to it in the box above.

1103. Criteria for Satisfactory Participation.

COs of each NOSC are responsible for monitoring the participation of their members. Criteria for satisfactory participation in the drilling Navy Reserve follows:

1. Members will be designated as an unsatisfactory participant when nine or more IDT periods in a running 12-month period are declared unsatisfactory or are unexcused absences.

Comments: "IDT" is Inactive Duty (for) Training. "AT" is Annual Training.

2. Members must perform a minimum of 12 to 14 days AT each fiscal year when AT is required...

3. Members must report as directed for physical examinations and provide medical information as requested to determine physical qualifications for retention in the Navy Reserve.

4. Members must keep their NOSC CO informed of

a. current address and work and home telephone numbers.

b. changes in physical status.

c. dependency changes.

d. current employment status.

e. other factors that could affect mobilization potential.

5. Members must respond to all official correspondence.

6. Members must comply with involuntary recall to Active Duty.

1107. Actions to be Taken for Unsatisfactory Participation.When members fail to meet the satisfactory participation requirements, they will no longer be eligible for receipt of an Incentive Bonus, the Montgomery GI Bill-Selected Reserve (MGIB-SR) entitlement, or recommendation for advancement or promotion. Additionally, one of the following administrative actions will be taken:

1. Enlisted personnel, upon the recommendation of the unit CO, will be

a. placed on probation for 6 months (figure 11-1), or

b. processed for administrative separation per chapter 8 of this instruction.

PROBATIONARY PERIOD FOR ENLISTED PERSONNEL

1. Enlisted personnel may be placed on 6 months probation for unsatisfactory participation if the NOSC CO believes the circumstances that caused the Reservist to be an unsatisfactory participant have been resolved.

2. If during the 6-month probationary period the member accrues one unexcused absence or fails to meet any other participation requirement, the member's drill assignment may be canceled.

3. Additional probationary periods will not be granted at the local level. Cases requiring additional probationary periods will be forwarded via the chain of command to COMNAVRESFORCOM (N12) for determination.


MILPERSMAN Section 1910-158 (6 Jun 2020) SEPARATION BY REASON OF UNSATISFACTORY PARTICIPATION IN THE READY RESERVE

Source
MILPERSMAN Section 1910-158 (6 Jun 2020) SEPARATION BY REASON OF UNSATISFACTORY PARTICIPATION IN THE READY RESERVE (157 KB)

Comments: To view or download the complete regulation, click on the the link to it in the box above.

...3. Policy

a. Per MILPERSMAN 1001-150 and references (a), (b), and (c), enlisted reservists may be separated when they:

  • (1) Acquire a combined total of nine unsatisfactory inactive duty training (IDT) periods (Admin Us) or unexcused absences (UA) from scheduled training in a rolling 12-month period, or
  • (2) Fail to satisfactorily complete required active duty (AD) requirements (e.g.,12 or more days annual training (AT), active duty for training, active duty for special work, recall, mobilization, Active Component, or a combination thereof). An approved AT waiver satisfies the AD requirement per reference (d).

b. Per MILPERSMAN 1001-150, an IDT period is considered unsatisfactory when a reservist fails to meet the minimum standards required to maintain the proficiency of the unit and the skill of the individual, or when disciplinary action has been taken per reference (e). More specifically, Admin Us may be issued when a reservist fails to:

  • (1) Report for a scheduled physical examination (e.g.,annual periodic health assessment, flight physical, dental exam, mobilization screening, physical fitness assessment, etc.),
  • (2) Comply with mobilization medical readiness requirements,
  • (3) Submit, or purposefully omits, pertinent information in connection with a physical examination (i.e.,health-related matters not yet documented or solely documented with civilian provider),
  • (4) Keep the Navy reserve activity (NRA) commanding officer (CO) advised of pertinent mobilization information or changes to mailing address, marital status, number of dependents, civilian employment, civilian occupational skills, and any change in physical condition that would prevent the reservist from meeting the physical or mental standards prescribed for mobilization readiness,
  • (5) Respond to official correspondence within prescribed time period, or
  • (6) Comply with verbal or written orders of the NRA CO, to include requirements contained within the plan of the month.

...

4. Procedures

Note: When reservists fail to meet satisfactory participation requirements, they will no longer be eligible for incentive bonuses, the Montgomery GI Bill Selected Reserve entitlement, transferability of the Post-9/11 GI Bill, or recommendation for advancement or promotion.

a. Use notification procedures in MILPERSMAN 1910-402.

b. After notification procedures are complete, the NRA CO may:

  • (1) Place reservist on probation for 6 months per MILPERSMAN 1001-150,
  • (2) Request NAVPERSCOM Individual Ready Reserve Force Management Division (PERS-93)transfer reservist with no MSO remaining to the Standby Reserve-Inactive (S-2) per MILPERSMAN 1001-125, or
  • (3) Process reservist for ADSEP under this article.

c. Per MILPERSMAN1910-402, reservists with 6 or more years of total military service, calculated from member’s PEBD, are entitled to elect an administrative board. COs should consult with legal counsel and MILPERSMAN 1910-414for further guidance when determining the disposition of an ADSEP case.

d. The NRA CO’s recommendation concerning transfer to S-2 status or discharge must be included in the LOT.

e. All LOTs under this section must be endorsed by the NRA’s immediate superior in command or more senior echelon commander in any case where:

  • (1) One or more Admin Us are used as evidence of unsatisfactory participation and the reservist is not entitled to elect an administrative board (due to having fewer than 6 years of service); or
  • (2) Transfer to S-2 status is recommended.

5. Characterization of Service. Refer to MILPERSMAN 1910-300 for characterization of service. This will generally be “honorable" or “general” (under honorable conditions) for unsatisfactory participation.


MILPERSMAN Section 1610-030 (29 Sep 2005) PROCEDURES FOR COMMANDS TO WHICH INACTIVE RESERVE PERSONNEL (OFFICER OR ENLISTED) FAIL TO REPORT FOR INVOLUNTARY ACTIVE DUTY

Source
MILPERSMAN Section 1610-030 (29 Sep 2005) PROCEDURES FOR COMMANDS TO WHICH INACTIVE RESERVE PERSONNEL (OFFICER OR ENLISTED) FAIL TO REPORT FOR INVOLUNTARY ACTIVE DUTY (13.7 KB)

Comments: To view or download the complete regulation, click on the the link to it in the box above.

1. Policy. Commands will follow these procedures when an inactive duty member (officer or enlisted) fails to report as direct for involuntary active duty (Mobilization).

2. Procedures

b. When the member has failed to report, the command to which the member failed to report shall:

(2) Put the member in an Unauthorized Absence (UA) status... If the member has declared intention not to report prior to the report date, immediately upon the member's failure to report, list the member as a deserter (manifest intent) per MILPERSMAN 1600-040.

(3) If the member fails to report within 30 days of the required report date, declare the member a deserter per MILPERSMAN 1600-060.

(4) If the member is returned to military control after being UA 180 days or less, continue to execute the involuntary orders. The commanding officer (CO) may take appropriate disciplinary action and may initiate adminstrative separation processing per the MILPERSMAN. Members returned to military control after 180 days UA will be processed by Navy Absentee Collection and Information Center (NACIC) per MILPERSMAN 1600-060.