8.7120 8.7204

Command pay.

Reservists in receipt of a pension, disability compensation, or retired pay.

8.7205 Suspension of pension, disability compensation, or retired pay for Reservists ordered to extended active duty in time of war or national emergency.

AUTHORITY: The provisions of this Part 8 issued under sec. 4, 62 Stat. 605, as amended; sec. 633, 63 Stat. 545; sec. 280, 70A Stat. 14; sec. 6(b) (1), 80 Stat. 938; 50 U.S.C. app. 454; 14 U.S.C. 633; 10 U.S.C. 280; 49 U.S.C. 1655 (b) (1); 49 U.S.C. 1.4 (a)(2), (f), (g).

GENERAL-ADMINISTRATION AND
ORGANIZATION

DEFINITIONS AND APPLICABILITY OF
REGULATIONS

§ 8.1001 Meaning and use of terms "District Commander" and "Coast Guard District Commander.”

(a) The terms "District Commander" and "Coast Guard District Commander" shall be used in these regulations interchangeably. When the Coast Guard is operating as a service in the Department of Transportation, either term shall mean the Coast Guard officer in overall charge of a Coast Guard district. When the Coast Guard is operating as a service in the Navy. either term shall mean the Coast Guard officer in overall charge of Coast Guard activities within a Naval district.

(b) Normally, the term "District Commander" shall be used when the Coast Guard is operating as a service in the Department of Transportation.

(c) Normally, the term "Coast Guard District Commander" shall be used when the Coast Guard is operating as a service in the Navy.

[CGFR 58-12, 23 F.R. 7069, Sept. 12, 1958, as amended by CGFR 61-55, 26 F.R. 12571, Dec. 28, 1961; CGFR 69-80, 34 F.R. 18034, Nov. 7, 1969]

§ 8.1002 Meaning of terms "Secretary of Transportation" and "Secretary”.

As used in this part, the terms "Secretary of Transportation" and "Secretary" mean the Secretary of Transportation when the Coast Guard is operating as a service in the Department of Transportation and the Secretary of the Navy when the Coast Guard is operating as a service in the Navy.

[CGFR 69-80, 34 F.R. 18034, Nov. 7, 1969] § 8.1003

Definitions.

(a) "Active service" means service on active duty.

(b) "Active duty" means full-time duty in the active military service of the United States. It includes duty on the active list, full-time training duty, annual training duty, and attendance while in the active military service, at a school designated as a service school by law or by the Secretary.

(c) "Federal service" includes all service as a member of any Armed Force, including Regular and Reserve components, and the Army National Guard or Air National Guard when ordered into such status by law.

(d) "Active status" means membership in the Reserve, except the Standby Reserve (Inactive Status List) or the Retired Reserve.

(e) "Chief, Office of Reserve" is the officer of flag rank designated by the Secretary as directly responsible to the Commandant for Coast Guard Reserve affairs.

(f) "District Commander (r)" is the officer on the staff of a District Commander who is in charge of district Reserve affairs as Chief, Reserve Division. [CGFR 69-80, 34 F.R. 18034, Nov. 7, 1969] § 8.1004 [Reserved] § 8.1005

Applicability of regulations to temporary members of the Reserve. Unless temporary members of the Coast Guard Reserve are specifically included within its provisions, no section

of this part shall be deemed to apply to them.

[CGFR 58-12, 23 F.R. 7069, Sept. 12, 1958]

§ 8.1006 Applicability of regulations to women members of the Reserve. Except as otherwise provided, the regulations in this part apply equally to men and women Reservists.

[CGFR 58-12, 23 F.R. 7069, Sept. 12, 1958] POLICY

§ 8.1101 Purpose of Coast Guard Re

serve.

The purpose of the Coast Guard Reserve is to provide a trained force of officers and men which, added to the regular personnel of the Coast Guard, will be adequate to enable the Service to perform such extraordinary duties as may be necessitated by emergency conditions. [6 F.R. 1926, Apr. 15, 1941]

§ 8.1103 General policies.

General policies relating to the size, organization, administration, training, and mobilization of the Reserve, before being adopted, will be determined by the Commandant.

[6 FR. 1926, Apr. 15, 1941]

§ 8.1104 Coast Guard Reserve policy board.

(a) For the purpose of advising the Commandant on the formulation of Reserve polices there shall be convened annually at Headquarters a Coast Guard Reserve policy board consisting of seven officers, at least four of whom shall be Reserve officers. No Reserve officer shall serve on this board for more than 2 consecutive years.

(b) The Commandant will determine the date on which the above board shall be convened during any fiscal year, designate its members and make other necessary arrangements with relation thereto.

[6 F.R. 1926, Apr. 15, 1941]

§ 8.1105 Ranks, grades, and ratings allowed.

There shall be allowed in the Reserve the various ranks, grades, and ratings, including cadets, corresponding to those in the Regular Coast Guard, except that the highest rank in the Reserve is that of Rear Admiral. No original appointment may be made to a rank above that of lieutenant commander.

[CGFR 58-12, 23 F.R. 7069, Sept. 12, 1958, as amended by CGFR 69-80, 34 F.R. 18034, Nov. 7, 1969]

§ 8.1106

Organization of the Reserve.

The Coast Guard Reserve shall be composed of the following categories:

(a) Ready Reserve. The Ready Reserve shall be composed of units or members, or both, who are liable for active duty either in time of war, in time of national emergency declared by the Congress or proclaimed by the President, or when otherwise authorized by law. The Commandant shall designate which training units of the Coast Guard Reserve are units of the Ready Reserve.

(b) Standby Reserve. (1) The Standby Reserve shall be composed of units or members, or both, who are liable for active duty only in time of war or national emergency declared by the Congress, or when otherwise authorized by law.

(2) Within the Standby Reserve, an officer and enlisted Inactive Status List shall be maintained upon which shall appear the names of those members whom the Commandant has transferred thereto in accordance with the regulations contained in this part.

(c) Retired Reserve. (1) The Retired Reserve shall be composed of those members whose names are placed on reserve retired lists established pursuant to the act of July 9, 1952 (66 Stat. 481) which lists are hereby established and are in addition to all other Coast Guard Reserve retired lists heretofore established.

(2) The Reserve Retired List as established on January 25, 1949, shall contain the names of Reserve officers and enlisted personnel retired with pay under applicable authority.

[CGFR 50-18, 15 F.R. 6016, Sept. 7, 1950, as amended by CGFR 53-28, 18 F.R. 3618, June 24, 1953; CGFR 56-22, 21 F.R. 4049, June 13, 1956]

Reservists, including temporary members of the Reserve, while engaged on active duty as set forth in Title 14, U.S. Code, section 754, are vested with the same power, authority, rights, and privileges in the execution of their duties as members of the Regular Coast Guard of corresponding grades or ratings. [CGFR 58-12, 23 F. R. 7069, Sept. 12, 1958] § 8.1109 Strength of the Reserve.

The authorized strength of the Reserve, exclusive of the Retired Reserve, defined in § 8.1106, and exclusive of those officers of the Reserve whose names ap

pear in the Register of the Commissioned and Warrant Officers and Cadets of the U.S. Coast Guard, shall be such number of officers and enlisted personnel as the Commandant determines is required to meet the base mobilization requirements of the Coast Guard. The officers so authorized shall be distributed in the various grades in approximately the same proportion as that in use for the active categories of the U. S. Naval Reserve. Within each grade the number of officers in each of the various fields of qualification shall be in conformance with the Commandant's determinations of the base mobilization requirements of the Coast Guard for officers having such qualifications. Enlisted personnel shall be distributed in the various authorized ratings and pay grades in such manner as the Commandant determines is required to meet the base mobilization requirements of the Coast Guard.

[CGFR 51-31, 16 F. R. 7769, Aug. 8, 1951] § 8.1110 Composition of boards.

(a) Reserve membership. All boards convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of members of the Coast Guard Reserve shall include in the membership appropriate numbers of Coast Guard Reservists as follows:

(1) If the board is considering both Regular and Reserve personnel, the membership shall include Reserve representation in a number substantially equal to the proportion that Reserve personnel under consideration bears to the total of the Regular and Reserve personnel being considered by the board, if practicable.

(2) If the board is considering Reserve personnel only, the membership shall include at least 50 per centum of Reserve members, if practicable. This requirement shall be deemed to be fulfilled in any case wherein a board includes medical officers of the U. S. Public Health Service if Coast Guard Reserve membership is equal to Coast Guard Regular membership.

(3) If deemed impracticable by the convening authority to provide for Reserve membership as prescribed in subparagraphs (1) and (2) of this paragraph due to the unavailability of qualified Reservists, Reserve membership may, with the approval of the Commandant, be reduced.

(b) Seniority. boards convened for selection for promotion, or for the discharge or demotion of members of the Coast Guard Reserve shall be senior to the members under consideration, except that a member of a board serving in a legal advisory capacity may be junior to any person, other than a law specialist being considered, and that a member of a board serving in a medical advisory capacity may be junior to any person, other than a medical officer being considered.

The members of all

[CGFR 56-40, 22 F.R. 238, Jan. 11, 1957] ADMINISTRATION

(a) While on inactive duty, Reservists will be governed in the manner prescribed by the regulations in this part.

(b) Unless otherwise directed by the Commandant, Reservists are under the jurisdiction of the District Commander of the district in which they maintain their official residences.

[6 F.R. 1926, Apr. 15, 1941, as amended by CGFR 69-80, 34 F.R. 18034, Nov. 7, 1969] § 8.1203

Administrative duties of District Commander.

The District Commanders of the several Coast Guard districts under the supervision of the Commandant are charged with the procurement, administration, training, and readiness for emergent service of the Reservists under their jurisdiction and for the maintenance, operation and repair of material assigned for the purpose of their training. For the purpose of this section, the District of Columbia is under the jurisdiction of the District Commander of the Fifth District. To assist him in these duties, the District Commander may appoint officers of the Reserve, including those in both active and inactive duty status to duty on his staff, but may not place any Reserve officer on active duty for this purpose. Such officers will be considered as in the same status as