the applicant through reference to local police files, character references, employers, school authorities, and physical examination. Subpart 45.05-Reenlistments § 45.05-1 Reenlistments; definitions. (a) The enlistment of any man who has previously served in the Regular Coast Guard shall be considered a reenlistment. (b) An enlisted man must reenlist within three months from date of discharge in order to remain in continuous service status and to receive the benefits deriving therefrom. [CGFR 51-28, 16 F.R. 10310, Oct. 10, 1951, as amended by CGFR 61-55, 26 F.R. 12572, Dec. 28, 1961] § 45.05-5 Term of reenlistment. A reenlistment shall be for a period of two, three, four, or six years as the Commandant may prescribe from time to time. § 45.05-10 Effected by. Reenlistments shall be effected by those authorized to effect original enlistments (§ 45.01-5), except that a person who is physically and otherwise qualified for reenlistment, who reenlists on the day following discharge, may be reenlisted at the unit from which discharged by the enlisting officer of the unit. § 45.05-15 Physical examination. (a) A man reenlisting within twentyfour hours after discharge is not required to take a physical examination prior to reenlistment provided he was found physically qualified for discharge in accordance with § 45.10-10. (b) A man not reenlisting within twenty-four hours after discharge must pass the standard physical examination without waiver, except that the Commandant may waive an injury or disease incurred in line of duty. Subpart 45.10-Discharges § 45.10-1 Types of discharges. (a) Upon separation from the Coast Guard for any other reason than death, an enlisted person shall be entitled to receive a discharge. Retirement or desertion shall not be considered separation from the Coast Guard. The types of means of separating from the active list and from active service those men who become physically disabled for any further service, and one of the key provisions of the law is that one which says that no member of the service shall be separated or retired for physical disability without a full and fair hearing if such member shall demand it. In view of this provision, prior to discharge every enlisted person, except those being discharged for physical or mental disability, shall be given a standard physical examination, the results of which shall be recorded and made a part of the person's permanent record. Subpart 45.20-Miscellaneous (a) Under regulations to be prescribed by him, the Secretary concerned may employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation, before the judicial tribunals and administrative agencies of any foreign nation, of persons subject to the Uniform Code of Military Justice. So far as practicable, these regulations shall be uniform for all armed forces. (b) The person on whose behalf a payment is made under this section is not liable to reimburse the United States for that payment, unless he is responsible for forfeiture of bail provided under subsection (a). (c) Appropriations available to the military department concerned or the Department of the Treasury, as the case may be, for the pay of persons under its jurisdiction may be used to carry out this section. Act of September 2, 1958 (72 Stat. 1445) Title 10, U.S.C. 1037. (b) In the interest of obtaining prompt and effective legal service, the Commandant may designate as approval authority, instead of the officer exercising general court-martial jurisdiction, any subordinate U.S. Coast Guard officer having area responsibility in a particular country for all U.S. Coast Guard personnel subject to foreign criminal jurisdiction. § 47.10 Criteria for the provision of counsel and payment of expenses in criminal cases. Requests for the provision of counsel and payment of expenses in criminal cases may be granted in both trial and appellate proceedings in any one of the following criminal cases: (a) Where the act complained of occurred in the performance of official duty; or (b) Where the sentence which is normally imposed includes confinement in excess of six months, whether or not such sentence is suspended; or (c) Where capital punishment might be imposed; or (d) Where an appeal is made from any proceeding in which there appears to have been a denial of the substantial rights of the accused; or (e) Where the case, although not within the criteria established in paragraph (a), (b), (c), or (d), of this section, is considered to have significant impact upon the relations of United States forces with the host country, or the case is considered to involve a particular United States interest. (a) Funds for the posting of bail or bond to secure the release of personnel from confinement by foreign authorities before, during, or after trial may be furnished in all criminal cases. Safeguards should be imposed to assure that at the conclusion of the proceedings or on the appearance of the defendant in court the bail or bond will be refunded to the military authorities (b) Bail will be provided only to guarantee the presence of the defendant and will not be provided to guarantee the payment of fines or civil damages. It is (a) Request for provision of counsel and payment of expenses in civil cases may be granted in both trial and appellate proceedings in either of the following cases: (1) Where the act complained of occurred in the performance of official duty; or (2) Where the case is considered to have a significant impact upon the relations of United States forces with the host country, or the case is considered to involve a particular United States interest. (b) No funds shall be provided under these regulations in cases where the United States of America is in legal effect the defendant without prior authorization of the Commandant. § 47.15 Procedures for hiring of counsel and payment of expenses. (a) The selection of individual trial or appellate counsel shall be made by or with the approval of the defendant. Such counsel shall represent the individual defendant and not the Government of the United States. Selection will be from approved lists of attorneys. These lists will normally be co-ordinated with the local bar association, if any, and the appropriate diplomatic mission of the United States. In any event, these lists will be composed only of attorneys who are qualified and admitted for full practice, on their own account, before the courts of the foreign country involved. Counsel fees and expenses should conform to amounts paid under similar circumstances by nationals of the foreign country where the trial is held. When appropriate and reasonable in the case, the payment of expenses, in addition to counsel fees, may include court costs, bail costs, charges for obtaining copies of records, printing and filing, interpreter fees, witness fees and other necessary and reasonable expenses. Expenses will not include the payment of means of separating from the active list and from active service those men who become physically disabled for any further service, and one of the key provisions of the law is that one which says that no member of the service shall be separated or retired for physical disability without a full and fair hearing if such member shall demand it. In view of this provision, prior to discharge every enlisted person, except those being discharged for physical or mental disability, shall be given a standard physical examination, the results of which shall be recorded and made a part of the person's permanent record. Subpart 45.20-Miscellaneous (a) Under regulations to be prescribed by him, the Secretary concerned may employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation, before the judicial tribunals and administrative agencies of any foreign nation, of persons subject to the Uniform Code of Military Justice. So far as practicable, these regulations shall be uniform for all armed forces. (b) The person on whose behalf a payment is made under this section is not liable to reimburse the United States for that payment, unless he is responsible for forfeiture of bail provided under subsection (a). (c) Appropriations available to the military department concerned or the Department of the Treasury, as the case may be, for the pay of persons under its jurisdiction may be used to carry out this section. Act of September 2, 1958 (72 Stat. 1445) Title 10, U.S.C. 1037. § 47.08 Responsibility. (a) Requests for provision of counsel, provision of bail or payment of expenses will ordinarily be made by the defendant accused or cited in a foreign court or agency through channels appropriate under the circumstances to the officer exercising general court-martial jurisdiction over him. This officer will determine whether the request meets the criteria prescribed in this part and based upon such determination will take final action to approve or disapprove the request. (b) In the interest of obtaining prompt and effective legal service, the Commandant may designate as approval authority, instead of the officer exercising general court-martial jurisdiction, any subordinate U.S. Coast Guard officer having area responsibility in a particular country for all U.S. Coast Guard personnel subject to foreign criminal jurisdiction. § 47.10 Criteria for the provision of counsel and payment of expenses in criminal cases. Requests for the provision of counsel and payment of expenses in criminal cases may be granted in both trial and appellate proceedings in any one of the following criminal cases: (a) Where the act complained of occurred in the performance of official duty; or (b) Where the sentence which is normally imposed includes confinement in excess of six months, whether or not such sentence is suspended; or (c) Where capital punishment might be imposed; or (d) Where an appeal is made from any proceeding in which there appears to have been a denial of the substantial rights of the accused; or (e) Where the case, although not within the criteria established in paragraph (a), (b), (c), or (d), of this section, is considered to have significant impact upon the relations of United States forces with the host country, or the case is considered to involve a particular United States interest. (a) Funds for the posting of bail or bond to secure the release of personnel from confinement by foreign authorities before, during, or after trial may be furnished in all criminal cases. Safeguards should be imposed to assure that at the conclusion of the proceedings or on the appearance of the defendant in court the bail or bond will be refunded to the military authorities (b) Bail will be provided only to guarantee the presence of the defendant and will not be provided to guarantee the payment of fines or civil damages. It is (a) Request for provision of counsel and payment of expenses in civil cases may be granted in both trial and appellate proceedings in either of the following cases: (1) Where the act complained of occurred in the performance of official duty; or (2) Where the case is considered to have a significant impact upon the relations of United States forces with the host country, or the case is considered to involve a particular United States interest. (b) No funds shall be provided under these regulations in cases where the United States of America is in legal effect the defendant without prior authorization of the Commandant. § 47.15 Procedures for hiring of counsel and payment of expenses. (a) The selection of individual trial or appellate counsel shall be made by or with the approval of the defendant. Such counsel shall represent the individual defendant and not the Government of the United States. Selection will be from approved lists of attorneys. These lists will normally be co-ordinated with the local bar association, if any, and the appropriate diplomatic mission of the United States. In any event, these lists will be composed only of attorneys who are qualified and admitted for full practice, on their own account, before the courts of the foreign country involved. Counsel fees and expenses should conform to amounts paid under similar circumstances by nationals of the foreign country where the trial is held. When appropriate and reasonable in the case, the payment of expenses, in addition to counsel fees, may include court costs, bail costs, charges for obtaining copies of records, printing and filing, interpreter fees, witness fees and other necessary and reasonable expenses. Expenses will not include the payment of |