[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR101.5]

[Page 475-476]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 101_PARTICIPATION IN RESERVE TRAINING PROGRAMS--Table of Contents
 
Sec.  101.5  Requirements.

    (a) Reserve participation--(1) Training requirements under 10 U.S.C. 
270(a). (i) Each individual inducted, enlisted, or appointed in the U.S. 
Armed Forces after August 9, 1955, who becomes a member of the Ready 
Reserve (by means other than through membership in the Army National 
Guard of the United States (see Sec.  101.5(a)(2)) during the required 
statutory period in the Ready Reserve, participate or serve as follows, 
except as provided in 32 CFR part 102.
    (A) In at least 48 scheduled drills or training periods and not less 
than 14 days (exclusive of travel time) of active duty training during 
each year; or
    (B) On active duty for training for no more than 30 days each year, 
unless otherwise specifically prescribed by the Secretary of Defense.
    (ii) The provisions of Sec.  101.5(a)(1) do not apply to graduates 
of the Federal and State Maritime Academies who are commissioned in the 
Naval Reserve.
    (2) Training requirements under 32 U.S.C. 502(a) apply to the 
Secretaries of the Army and Air Force only. Members of the Army and Air 
National Guard shall:
    (i) Assemble for drill and instruction at least 48 times a year, and
    (ii) Participate in training encampments, maneuvers, or other 
exercises at least 15 days a year, unless excused by the Secretaries of 
the Army or Air Force.
    (3) Active duty. Enlisted members who have served 2 years on active 
duty or who, under the policy and regulations of the Military Services 
concerned, were credited with having served 2 years of active duty will 
not be required to perform duty as described in paragraph (a)(1)(i) (A) 
and (B) of this section unless such members:
    (i) Enlisted under the provisions of 10 U.S.C. 511(b) or (d) thereby 
incurring a statutory obligation to participate in the Ready Reserve in 
an active training status for a specified period of time after the 2 
years of active duty described above.
    (ii) Performed part or all of their 2 years of active duty as a 
result of being ordered to active duty under 10 U.S.C. 673a for not 
participating satisfactorily in a unit of the Ready Reserve. However, 
the Secretary concerned, or designee, may waive this requirement in 
those cases where involuntary retention would not be in the best 
interest of the Service.
    (iii) Filled a vacancy in the Selected Reserve that otherwise cannot 
be

[[Page 476]]

filled, following a diligent recruiting effort by the Secretary 
concerned.
    (iv) Executed a separate written agreement incurring an obligation 
to participate in the Selected Reserve.
    (4) Active duty served in a combat zone. (i) Except as specified in 
paragraph (a)(4)(ii), enlisted members who (A) have served on active 
duty in a combat zone for hostile fire pay (or other areas as prescribed 
by the Secretary of Defense) for a total of 30 days or more, or (B) are 
wounded while on active duty in hostile areas, will not be required to 
perform duty involuntarily (as described paragraph (a) (1)(i)(A) and (2) 
of this section. However, these members may be required to participate 
or serve on active duty for no more than 30 days each year, unless 
otherwise specifically prescribed by the Secretary of Defense.
    (ii) Members, who enlisted under the provisions of 10 U.S.C. 511(b) 
or (d) and serve on active duty described in paragraph (a)(4)(i) are 
obligated to participate in the Ready Reserve in an active duty training 
status during the statutory period of service in the Ready Reserve.
    (5) Exclusion. Notwithstanding the exclusion of the member enlisted 
under the provisions of 10 U.S.C. 511(b) or (d), from the policies set 
forth in paragraph (a) (3) and (4) of this section, the Secretaries of 
the Military Departments may, with the approval of the Secretary of 
Defense, establish criteria which may excuse certain enlistees from 
performing the duty described in Sec.  101.5(a), depending upon the 
particular needs of the Military Department concerned.