An individual who has been denied a requested discharge or delay in order to active duty may appeal such denial. The appeal will be submitted within 15 days of the member's receipt of a denial; it will explain those facts pertinent to his case which he feels were not fully considered, and may include any additional appropriate evidence which the applicant may wish to present. Paragraph 16 d is not applicable to members whose active duty orders have been amended or revoked to permit processing of an appeal request.
How submitted. Requests for appeals will be submitted through the unit commander to the commander having authority to approve discharges or delays as prescribed in paragraphs 16 a and 19 a as appropriate.
Authority to act on appeals. The approving authority may act on such appeals when the decisions are favorable to the individual concerned. When denial of an appeal is indicated, however, he will forward the request and pertinent records, together with his recommendations, to Headquarters, Department of the Army for final determination as follows:.
Appeal of involuntary order to active duty. If an individual appeals his involuntary order to active duty for reasons other than those specified in this regulation, the denial of such appeal will be forwarded to CO, USARCPC in accordance with c 2 a or b above as appropriate. Army will be forwarded in all appeal cases. Appeal board. The Commanding Officer, U.
Army Reserve Components Personnel Center, will convene an appeal board to determine findings and submit recommendations to him on denials of appeal of involuntary order to active duty submitted under this regulation. The board proceedings will be as prescribed by the Commanding Officer, U.
Army Reserve Components Personnel Center. The provisions of AR will not be applicable to such proceedings. Toothaker Caruso v. Toothaker, F. United States District Court, M.
September 3, John Cottone, U. Criteria for satisfactory participation are set forth in Army Regulation 12 which provides: "A member fails to participate satisfactorily when he accrues in any 1-year period a total of five or more unexcused absences from scheduled unit training assemblies. A member present at a scheduled unit training assembly will not receive credit for attendance thereat unless he is in the prescribed uniform, presents a neat and soldierly appearance, and performs his assigned duties in a satisfactory manner as determined by the unit commander.
When a member attends a unit training assembly and does not receive credit therefor, he will be charged with an unexcused absence and the unit commander will follow the same procedures applicable when a member fails to attend a unit training assembly. Caruso alleges seven defects in the procedures employed by the Army in his case. Under this construction, Caruso was entitled to no more than he received. When a member attends a unit training assembly and does not receive credit therefor, he will be charged with an unexcused absence and the unit commander will follow the same procedures applicable when a member fails to attend a unit training assembly ".
Emphasis supplied. Ready Reserve: members not assigned to, or participating satisfactorily in, units a Notwithstanding any other provision of law, the President may order to active duty any member of the Ready Reserve of an armed force who 1 is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve; 2 has not fulfilled his statutory reserve obligation; and 3 has not served on active duty for a total of 24 months.
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