§ 8.1304 Redetermination of running

mate.

New running mates shall be determined at times and in manner as follows:

(a) If a running mate is retired, dies, or otherwise is separated from the service, suffers loss of numbers, fails to qualify for promotion, or receives an out of line promotion, the new running mate shall be the officer of the Coast Guard of the same grade who was next senior to the old running mate, excluding extra numbers, or if there be none then the most senior such officer in the grade.

(b) If an officer of the Reserve suffers loss of numbers, the new running mate shall be the officer who is the running mate of the reserve officer who will be next senior to the officer concerned after the loss of numbers has been effected.

(c) If an officer of the Reserve fails to qualify for promotion when his running mate is promoted, the new running mate shall be the senior officer of the Coast Guard remaining in that grade, exclusive of extra numbers, who has not failed to qualify for promotion.

§ 8.1305 Date of rank of former officers of the Navy or Coast Guard appointed in the Reserve.

Former officers of the Navy or Coast Guard who are appointed in the Reserve in the same grades or ranks held in the Regular Navy or Coast Guard as a result of application therefor, made within one year from date of resignation from Navy or Coast Guard, shall be given the same date of rank as that held by them in the Navy or Coast Guard.

PHYSICAL EXAMINATIONS AND STANDARDS § 8.1401 Physical standards.

The physical standards for appointment, enlistment, reappointment, reenlistment, promotion and retention of members of the Coast Guard Reserve shall be as set forth in the Coast Guard Medical Manual.

[CGFR 56-23, 21 F. R. 6020, Aug. 11, 1956] § 8.1402 Waiver of physical defects.

(a) Physical defects not considered to be sufficiently serious to interfere with the performance of general or special duties to which a Reservist or an applicant for membership in the Reserve is likely to be assigned may be waived by the Commandant. Once such defects have been waived either prior or subse

quent to the effective date of this amendment, additional waivers shall not be required for the same defects provided that the degree thereof has not materially increased, and if a Reservist is otherwise physically qualified, such defects shall not prevent him from being reenlisted or promoted.

(b) In determining the physical qualifications of a Reservist or an applicant for membership in the Reserve, due consideration shall be given to an individual's age, prior military service, educational background, civilian occupational skill, and the character of the duty to which the member may be assigned in the event he should be ordered to active duty pursuant to law.

(c) A Reservist or applicant for membership in the Reserve who has been found not physically qualified may submit a request for waiver of physical defects to the Commandant via official channels. In each such case, the District Commander shall make recommendations in the premises.

(d) A Reservist who is granted & waiver under this section may be placed in a limited duty status category in the discretion of the Commandant.

[CGFR 53-38, 18 F. R. 8579, Dec. 19, 1953] § 8.1403 Persons authorized to conduct physical examinations.

(a) Physical examinations of Reservists and of applicants for appointment, enlistment, or reenlistment shall, if practicable, be conducted by at least two medical officers of the U. S. Public Health Service. If impracticable to assemble such examining officers, physical examinations shall be conducted by one medical officer of the U. S. Public Health Service. If such a medical officer is unavailable, physical examinations may be conducted by one medical officer of any component of the Armed Forces. In special cases, physical examinations may be conducted by a reputable civilian physician provided that, unless otherwise authorized, no expense to the government is incurred.

(b) When a medical officer of the U.S. Public Health Service or a medical officer of a component of the Armed Forces is not reasonably available, the modified physical examination authorized in § 8.1407(b) may be conducted by a rated hospital corpsman who has been certified as qualified to conduct such examinations by a U.S. Public Health Service or Armed Forces medical officer.

(c) A Reservist whose duties involve flying shall be given a flight physical examination in accordance with the instructions and requirements contained in Chapter 3, Coast Guard Medical Manual.

(d) All reports of physical examinations of Reservists shall be reviewed by the Chief Medical Officer, together with the medical history of the Reservist on fille at Headquarters.

[CGFR 53-38, 18 F.R. 8580, Dec. 19, 1953, as amended by CGFR 56-23, 21 F.R. 6020, Aug. 11, 1956; 22 F.R. 238, Jan. 11, 1957; CGFR 64-74, 30 F.R. 4415, Apr. 6, 1965]

§ 8.1404 Physical examination for short periods of training duty.

(a) Notwithstanding any other provision of this part, a Reservist who is ordered or authorized to perform short periods of active duty, active duty for training or inactive duty training, with or without pay, of not more than seven days duration will establish physical qualifications incident thereto in one of the following manners:

(1) If the member indicates he has suffered injury, sickness, or disease since his last military physical examination, a physical examination complete in every respect shall be accomplished.

(2) If the member has not satisfactorily passed a military physical examination within one year, a physical examination pursuant to § 8.1407 (b) shall be accomplished.

(3) If the member has satisfactorily passed a military physical examination within one year and provided his certificate of physical condition indicates a satisfactory medical history, no physical examination will be required.

(b) Physical examination will not be required upon completion of such a period of training duty except when injury, sickness, or disease is incurred incident thereto. In such cases, a physical examination complete in every respect is required and appropriate entries shall be made in the health record and orders and required reports will be submitted. [CGFR 56-23, 21 F.R. 6020, Aug. 11, 1956]

§ 8.1405 Persons required to take physical examinations.

(a) All applicants for appointment or enlistment in the Reserve are required to take a physical examination prior to becoming a member thereof and must be found physically qualified or must have physical defects waived.

(b) All Reservists are required to take a physical examination at the times specified in § 8.1406.

[CGFR 53-38, 18 F.R. 8580, Dec. 19, 1953] § 8.1406 When physical examinations are required.

(a) Except for members of the Retired Reserve and members whose names are carried on a retired list, all Reservists not on active duty shall be required to take a physical examination only at the following times:

(1) Quadrennially. At least once during each 4 year period, a physical examination must be accomplished. Such 4 year period shall be considered as having commenced on the day following the date upon which the last complete physical examination was conducted. District Commanders will ascertain when Reservists under their jurisdiction will become due for quadrennial physical examination. They will notify Reservists concerned at least 60 days in advance of the dates on which they will become due for such examination.

(2) Upon notification of promotion. This subparagraph applies only to Reserve officers not on active duty and in accordance with the following:

(i) Upon appointment to a higher grade for temporary service.

(ii) Upon permanent appointment to a grade higher than that in which serving.

(iii) In the case of a permanent appointment in a grade in which the Reserve officer is already serving for temporary service, the Commandant may waive physical examination and require instead submission of a certificate of physical condition.

(3) Prior to or upon reporting for active duty in excess of 7 days. This physical examination will not be accomplished prior to 30 days in advance of the reporting date

(4) Upon release from active duty in excess of 7 days.

(5) Upon reenlistment or extension of enlistment. The District Commander concerned may waive this requirement. However, in such cases, a physical examination shall be accomplished as soon after reenlistment or extension of enlistment as is practicable and in any event must be accomplished within the 4 year period prescribed in subparagraph (1) of this paragraph.

(6) Annually or biannually for pilots. A Reserve pilot authorized to perform duty involving actual control of aircraft shall have satisfactorily passed a flight physical examination within 12 months immediately preceding the actual control of aircraft if he is a member of an organized unit under the jurisdiction of the Chief of Naval Air Reserve Training, or is a member of an organized unit training at a Coast Guard Air Station; otherwise the interval between flight physical examinations shall be 6 months. (7) When indicated under § 8.1404. (8) Upon special notification. Special examinations and examinations by boards of medical survey may be ordered by the Commandant as required or at the request of a Reservist to determine his physical fitness.

(b) Reservists on active duty shall undergo physical examinations in accordance with requirements for personnel of the Regular Coast Guard as set forth in the Coast Guard Medical Manual.

[CGFR 53-38, 18 F.R. 8580, Dec. 19, 1953, as amended by CGFR 56-23, 21 F.R. 6021, Aug. 11, 1956]

§ 8.1407 Completeness of physical ex

aminations.

(a) Except as provided in paragraph (b) of this section, all physical examinations of Reservists shall be complete in every respect and required reports shall be submitted to the Commandant.

(b) Physical examinations pursuant to § 8.1404 (a) (2) and, if the period of duty is not in excess of 30 days, pursuant to § 8.1406 (a) (3) and (4) will be conducted as follows:

(1) The physical examination need only be sufficiently complete for the medical examiner to determine whether or not the Reservist is qualified to perform duties assigned and is free from infectious or contagious disease. Each Reservist so examined shall be required to execute a certificate of physical condition indicating a satisfactory medical history since the last military physical examination. The result of this examination shall be entered upon the Reservist's orders and in his health record if he is found to be physically qualified. The certificate of physical condition and the result of the examination may be entered upon the same report using such forms as the Commandant may require.

(2) If the Reservist is found not physically qualified, or if injury, sickness, or disease was incurred while performing active duty or during the interval since his preceding military physical examination, or if a quadrennial examination will become due within one year, a physical examination complete in every respect shall be accomplished and required reports shall be submitted.

(c) A Reservist whose duties involve flying shall be given a physical examination commensurate with the type of flying duties to be performed.

[CGFR 53-38, 18 F.R. 8580, Dec. 19, 1953, as amended by CGFR 56-23, 21 F.R. 6021, Aug. 11, 1956]

(a) The results of every complete physical examination shall be entered in the individual's health record and will become a part of his medical history.

(b) Except as provided for in § 8.1407 (b), the results of every physical examination shall be reported to the Commandant on such forms and in such manner as he may require.

(c) A report of physical examination for appointment or enlistment shall accompany each candidate's application. [CGFR 53-38, 18 F.R. 8580, Dec. 19, 1953] § 8.1410 Disposition of Reservists not found physically qualified.

(a) If, as a result of any physical examination, a Reservist is found not physically qualified and if the defects can be corrected by medical treatment, such Reservist shall be afforded a reasonable length of time, not above one year, in which to have the defects satisfactorily corrected. During the period granted for correction of such defects, the Commandant may restrict such Reservist from engaging in such training activities as he may deem to be in the best interests of the service.

(b) If, as a result of any physical examination, a Reservist is found not physically qualified and if the defects cannot be corrected by medical treatment and are not waived, or if, being correctible, the defects are not corrected within the time allowed, such Reservist shall be afforded an opportunity to request transfer to the Retired Reserve or a retired list, if qualified. If he is found to be qualified and he elects transfer to the Retired Reserve or a retired list, he shall be so transferred. If he is not so transferred, the Commandant may institute proceedings to effect discharge.

(c) The report of physical examination in cases under paragraphs (a) and (b) of this section shall be accompanied by recommendation of the District

Commander.

(d) Notwithstanding any other provisions of the regulations in this part, a Reserve officer who has been or may hereafter be honorably discharged solely by reason of being found not physically qualified for active service and whose physical condition did not result from his own misconduct may be reappointed within one year from the date of discharge in the same rank or grade in which discharged and with the same date of rank as that previously held provided that the defects which disqualified such officer have been corrected satisfactorily or waived by the Commandant.

[CGFR 53-38, 18 F.R. 5850, Dec. 19, 1953] § 8.1411 Failure to appear for physical

examination or to submit information concerning physical condition. (a) Except as provided in paragraph (b) of this section, failure of Reservists to appear for a physical examination or failure to submit information concerning their physical condition when required may result, in the discretion of the Commandant, in the institution of proceedings to effect discharge.

(b) A Reservist having an unfulfilled service obligation pursuant to section 4 (d) (1) or 4 (d) (3) of the Universal Military Training and Service Act, as amended, and who fails to appear for a physical examination or who fails to submit needed information concerning his physical condition when required, after every reasonable attempt has been made to accomplish the same, may be involuntarily ordered to active duty or active duty for training by the Commandant

pursuant to section 233 (c) of the act of July 9, 1952 (66 Stat. 490) during which tour of duty a physical examination shall be accomplished or the needed information secured.

[CGFR 53-38, 18 F.R. 8581, Dec. 19, 1953] § 8.1412 Immunization.

When directed by the Commandant, Reservists shall be immunized against certain diseases in accordance with established practices of the Regular Coast Guard except as may be necessary to adapt the same to the Reserve. [CGFR 53-38, 18 F.R. 8581, Dec. 19, 1953] § 8.1413 Temporary members of the Reserve.

The provisions of §§ 8.1401 to 8.1413, inclusive, shall not apply to temporary members of the Reserve. The physical examinations and standards for such members shall be as prescribed by the Commandant.

[CGFR 53-38, 18 F.R. 8581, Dec. 19, 1953] ORDERS TO ACTIVE AND TRAINING DUTY

§ 8.1501

Individual orders to officers for training duty.

(a) Where no flight duty is involved, orders to officers for training duty with pay and allowances, including mileage, may be issued by District Commanders within the training quotas prescribed by Headquarters. Orders to training duty involving flying with pay will be issued by Headquarters.

(b) Orders to perform training duty without pay or allowances including duty involving flying for officers holding designations as Coast Guard aviators, or letters of authority to solo Coast Guard aircraft may be issued by District Commanders, or under their direction by the commanding officer of the vessel or aviation base at which the duty is to be performed or by the senior officer present of any Coast Guard force.

(c) Orders to perform repeated periods of training duty between specified dates without pay or allowances including duty involving flying for officers holding designations as Coast Guard aviators or letters of authority to solo Coast Guard aircraft may be issued by District Commanders. Such orders shall require that the dates of reporting for and detachment from each period of training duty be indicated by an indorsement.

(d) Upon completion of the period or periods of training duty, with or without pay, as covered in the orders, a copy of such orders with all indorsements shall be forwarded to Headquarters via the District Commander. Such indorsements shall include among other things a statement of the nature of the duty performed.

[6 F.R. 1928, Apr. 15, 1941, as amended by CGFR 58-12, 23 F.R. 7068, Sept. 12, 1958]

§ 8.1502 Individual orders to enlisted men for training duty.

(a) Orders to enlisted men for training duty with pay and allowances, including transportation to and from such duty, may be issued by District Commanders within the training quotas prescribed by Headquarters.

(b) Orders to perform training duty without pay or allowances may be issued by District Commanders or under their direction, by the commanding officer of the vessel or aviation base at which the duty is to be performed, or by the senior officer present of any Coast Guard force. (c) Orders to perform repeated periods of training duty between specified dates without pay or allowances may be issued by District Commanders. Such orders shall require that the dates of reporting for and detachment from each period of training duty be indicated by indorsement.

(d) Upon completion of the period or periods of training duty as covered in the orders, a copy of such orders with all indorsements shall be forwarded to Headquarters via the District Commander. Such indorsements shall include among other things a statement of the nature of the duty performed.

[6 F.R. 1928, Apr. 15, 1941, as amended by CGFR 58-12, 23 F.R. 7068, Sept. 12, 1958] § 8.1503 Active or training duty in time of peace.

(a) Except in time of war or during a national emergency declared by the President to exist no Reservist shall be ordered to or continued on active duty without his own consent except for disciplinary purposes.

(b) The Commandant may release any Reservist from active duty, or training duty, at any time. Reservists shall be released therefrom on the date stated in their orders or at such time prior thereto as they may request. Their release from such duty shall be accomplished by the agency issuing the orders thereto.

[6 F.R. 1928, Apr. 15, 1941]

§ 8.1504 Orders to officers and men to active duty in time of peace.

(a) Orders to Reserve officers who are to be placed on active duty other than training duty during time of peace will be issued by Headquarters.

(b) Orders to enlisted men who are to be placed on active duty other than training duty during time of peace will be issued by the District Commanders of the district to which attached in accordance with quotas for such duty authorized by Headquarters.

(c) When so ordered to active duty, officers and men will devote their whole time to the duty to which ordered. [6 F.R. 1928, Apr. 15, 1941, as amended by CGFR 58-12, 23 F.R. 7068, Sept. 12, 1958] § 8.1505 Orders to Reservists to active duty in time of war or during any period of national emergency.

(a) Any Reservist may be ordered to active duty by the Commandant in time of war or when the President declares a national emergency to exist, and may be required to perform active duty throughout the war, or until the President declares that such national emergency no longer exists.

(b) Orders to Reservists for the performance of the above duty will be issued by Headquarters or under Headquarters' instructions by District Commanders. [6 F.R. 1928, Apr. 15, 1941, as amended by CGFR 58-12, 23 F.R. 7068, Sept. 12, 1958] § 8.1506 Release of Reservists from active duty in time of war or during any period of national emergency. Reservists performing active duty in time of war or during any period of national emergency shall be released therefrom in accordance with Headquarters' instructions.

[6 F.R. 1928, Apr. 15, 1941]

§ 8.1507 Indorsements on orders for active or training duty.

(a) Orders to active or training duty issued in accordance with §§ 8.1504 (a), (b), and (c), and 8.1505 (a) and (b), shall be indorsed as follows:

(1) Date and hour of receipt of orders, signed by recipient thereof.

(2) Date and hour of departure from address indicated in the orders, in the execution thereof, signed by the recipient of the orders.