R 022353Z FEB 11
UNCLASSIFIED//
MARADMIN 080/11
MSGID/GENADMIN/CMC WASHINGTON DC MRA RA//
SUBJ/PROCESS FOR OFFICERS TRANSITIONING FROM THE ACTIVE DUTY LIST (ADL) TO THE RESERVE ACTIVE STATUS LIST (RASL) AND INDIVIDUALS REQUESTING TO BE REAPPOINTED TO THE RASL//
REF/A/U.S. CONST. ART. II, 2, CL. 2//
REF/B/TITLE 10 U.S.C. 12203 AND 651//
REF/C/EXECUTIVE ORDER 13358 OF SEPT 28, 2004//
REF/D/DODI 1310.02 (APPOINTING COMMISSIONED OFFICERS)//
REF/E/DODI 1320.4 (MILITARY OFFICER ACTIONS REQUIRING APPROVAL OF THE SECRETARY OF DEFENSE OR THE PRESIDENT, OR CONFIRMATION BY THE SENATE)//
REF/F/SECNAV MEMO DTD 081010//
REF/G/MCO P1900.16F (MARCORSEPMAN) PARA 5004 (1)//
NARR/REF A IS THE APPOINTMENTS CLAUSE OF THE U.S. CONSTITUTION. REF B IS TITLE 10 UNITED STATES CODE SECTION 12203 RESERVE COMMISSIONED OFFICERS: APPOINTMENT, HOW MADE; TERM AND SECTION 651 IS MEMBERS:  REQUIRED SERVICE.  REF C IS EXECUTIVE ORDER 13358 OF SEPT. 28, 2004 ASSIGNMENT OF FUNCTIONS RELATING TO CERTAIN MILITARY RESERVE APPOINTMENTS, PROMOTIONS, AND COMMISSIONS.  REF D IS DEPARTMENT OF DEFENSE INSTRUCTION 1310.02 APPOINTING COMMISSIONED OFFICERS.  REF E IS MILITARY OFFICER ACTIONS REQUIRING APPROVAL OF THE SECRETARY OF DEFENSE OR THE PRESIDENT, OR CONFIRMATION BY THE SENATE.  REF F IS SECNAV MEMO DTD 081010 PROCESSING OF ORIGINAL AND TRANSITIONAL APPOINTMENTS.  REF G IS MARINE CORPS SEPARATIONS AND RETIREMENT MANUAL//
POC/A. D. DAUSMAN/MAJ/RCT/QUANTICO, VA/703-784-0510//
POC/F. J. COLEMAN/GYSGT/RCT/QUANTICO, VA/703-432-9048.//
GENTEXT/REMARKS/1.  BACKGROUND.  PRIOR TO THE NATIONAL DEFENSE AUTHORIZATION ACT OF 2005, ALL OFFICERS WERE INITIALLY COMMISSIONED INTO THE MARINE CORPS AS RESERVE OFFICERS.  AS A RESULT, OFFICERS WHO DID NOT ACCEPT REGULAR COMMISSIONS THROUGH THE AUGMENTATION PROCESS WERE TRANSITIONED OFF OF ACTIVE DUTY WITHOUT CHANGING COMPONENTS.  PER THE REFERENCES, OFFICERS TRANSITIONING FROM THE ACTIVE COMPONENT (AC) TO THE RESERVE COMPONENT (RC) FIRST REQUIRE SECRETARY OF DEFENSE (SECDEF) APPOINTMENT TO A RESERVE COMMISSION.  THIS CONSTITUTIONAL REQUIREMENT INCLUDES REGULAR OFFICERS TRANSITIONING TO THE RC WITH OR WITHOUT MILITARY SERVICE OBLIGATION (MSO) REMAINING (TRANSITIONAL APPOINTMENTS); AND FORMER MARINE OFFICERS WITH NO CURRENT MILITARY AFFILIATION SEEKING REAPPOINTMENT INTO THE RC (ORIGINAL APPOINTMENTS OR REAPPOINTMENTS).
2.  PURPOSE.  THIS MARADMIN REPRESENTS INTERIM GUIDANCE, PENDING A CHANGE TO THE MARINE CORPS SEPARATIONS AND RETIREMENT MANUAL, WHICH WILL SET FORTH THE PROCESS OF CHANGING COMPONENTS INCIDENT TO LEAVING ACTIVE DUTY, OR APPLYING FOR REAPPOINTMENT.  THIS PROCESS OVERVIEW (WITH TIMELINES) IS PROVIDED TO INFORM INDIVIDUAL OFFICERS TO PROPERLY PLAN FOR TRANSITION FROM THE AC TO THE RC, TO PROVIDE FORMER OFFICERS AND POTENTIAL GAINING COMMANDERS WITH A REALISTIC ASSESSMENT OF MOBILIZATION TIMELINES, AND TO PROVIDE TOTAL FORCE COMMANDERS WITH AN UNDERSTANDING OF HOW THESE TIMELINES MAY IMPACT PERSONNEL TURNOVER AND REPLACEMENT SOURCING WITHIN AC UNITS.  ALL OFFICERS, ADMINISTRATORS, AND TOTAL FORCE COMMANDERS SHOULD BE AWARE THAT DUE TO THE LEVEL OF VETTING AND REVIEW OF OFFICER NOMINEES PRIOR TO SECDEF APPOINTMENT, THE TIMELINES ASSOCIATED WITH THE NOMINATION PROCESS FOR TRANSITIONING FROM THE AC TO THE RC MAY, IN SOME CASES, EXCEED TWELVE MONTHS FOR SECDEF APPOINTMENT FROM THE TIME AN OFFICER ELECTS TO LEAVE THE AC.
3.  SCOPE
    A.  OFFICERS WHO HAVE AN END OF OBLIGATED SERVICE (EOS) DATE LATER THAN THEIR END OF ACTIVE SERVICE (EAS) DATE ARE AUTOMATICALLY SCREENED AND PROCESSED FOR A RESERVE APPOINTMENT BY HEADQUARTERS, U.S. MARINE CORPS (HQMC), RESERVE AFFAIRS (RA) DIVISION.  OFFICERS WHO ARE SUBSEQUENTLY OFFERED CAREER DESIGNATION WILL HAVE THE OPTION OF ACCEPTING, OR SERVING IN THE RC IN ORDER TO FULFILL THEIR MSO.
    B.  OFFICERS WHO ARE CAREER DESIGNATED WHO DESIRE TO RESIGN THEIR AC COMMISSION WILL BE PROCESSED FOR A RESERVE COMMISSION PER THE CURRENT RESIGNATION PROVISIONS OF REF (G).
    C.  CERTAIN PRIOR SERVICE, ACTIVE COMPONENT NON CAREER DESIGNATED OFFICERS MAY NOT HAVE OBLIGATED SERVICE REMAINING UPON EAS AND MUST POSITIVELY APPLY FOR A RESERVE COMMISSION.  SINCE OFFICERS IN THIS CATEGORY ARE NOT RESIGNING, THE RESIGNATION PROVISIONS OF REFERENCE (G) DO NOT APPLY.  PRIOR SERVICE OFFICERS MAY VERIFY IF THEY FALL INTO THIS CATEGORY BY CHECKING THEIR BASIC INDIVIDUAL RECORD TO DETERMINE IF THEIR EAS DATE IS LATER THAN THEIR EOS DATE. IF SO, OFFICERS IN THIS CATEGORY ARE HIGHLY ENCOURAGED TO REQUEST A RESERVE COMMISSION BY CONTACTING RA DIVISION, RESERVE CONTINUATION AND TRANSITION BRANCH (RCT) AT 703-784-0510 OR VIA EMAIL AT RCT@USMC.MIL.
    D.  FORMER OFFICERS WITH NO CURRENT MILITARY AFFILIATION ARE INITIALLY SCREENED BY MARINE CORPS RECRUITING COMMAND (PRIOR SERVICE RECRUITING) FOR REACCESSION.  ONCE PROCESSED FOR REAPPOINTMENT, NOMINATION PACKAGES ARE FORWARDED TO HQMC, RA DIVISION FOR RC APPOINTMENT NOMINATION.  THESE OFFICERS ARE NOT AVAILABLE FOR AFFILIATION OR MOBILIZATION UNTIL THE SECDEF HAS FIRST APPOINTED THE OFFICER TO THE RESERVE COMMISSION, AND THE ADMINISTRATIVE PROCESS OUTLINED BELOW IS COMPLETE.
4.  NONADVERSE PROCESS 
    A.  TRANSITIONAL:  SCROLLS (LIST OF OFFICERS TO BE APPOINTED TO THE RC) ARE PREPARED ONCE A MONTH.  ALL OFFICERS ARE SCREENED BY THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS AND INSPECTOR GENERAL OF THE MARINE CORPS FOR ADVERSE INFORMATION.  OFFICERS WITHOUT ADVERSE INFORMATION IN ANY DEPARTMENT OF THE NAVY SYSTEM OF RECORD ARE THEN PLACED ON THE NONADVERSE SCROLL AND ROUTED FROM HQMC, RA DIVISION VIA THE DEPUTY COMMANDANT FOR MANPOWER AND RESERVE AFFAIRS TO SECDEF. THE NONADVERSE TRANSITIONAL SCROLLING PROCESS TAKES APPROXIMATELY THREE TO FOUR MONTHS FROM THE TIME THE OFFICER IS NOMINATED BY HQMC (RA DIVISION).
    B.  REAPPOINTMENT:  THE APPROVAL PROCESS IS THE SAME AS TRANSITIONAL APPOINTMENTS.  AFTER APPOINTMENT BY THE SECDEF, THE OFFICER WILL BE GIVEN AN ADJUSTED DATE OF RANK AND LINEAL CONTROL NUMBER FROM MANPOWER MANAGEMENT PROMOTION BRANCH (MMPR).  RCT WILL THEN PREPARE A NAVMC 763 (APPOINTMENT AND ACCEPTANCE RECORD) TO BE FORWARDED TO THE PRIOR SERVICE RECRUITER AND MARINE CORPS RECRUITING COMMAND TO ENABLE THE OFFICER TO ACCEPT A RESERVE COMMISSION.  THE REAPPOINTMENT SCROLLING PROCESS TAKES APPROXIMATELY FOUR TO FIVE MONTHS FROM THE TIME A NOMINATION PACKAGE IS RECEIVED BY HQMC (RA DIVISION).
5.  ADVERSE PROCESS.  INFORMATION ON THE ADVERSE APPOINTMENT PROCESS IS PROVIDED IN ORDER TO ENSURE ALL AFFECTED OFFICERS, AND POTENTIAL GAINING AND LOSING COMMANDERS UNDERSTAND THE TIMELINES ASSOCIATED WITH THESE NOMINATIONS, AND THE IMPACT ON DETERMINING SEPARATION DATES, AS WELL AS AVAILABILITY FOR AFFILIATION AND MOBILIZATION.
    A.  FOR PURPOSES OF SECDEF NOMINATIONS "ADVERSE INFORMATION" IS DEFINED IN REF (E), PARA 3 (IN PART) AS "ANY SUBSTANTIATED ADVERSE FINDING OR CONCLUSION FROM AN OFFICIALLY DOCUMENTED INVESTIGATION OR INQUIRY."  "ALLEGED ADVERSE INFORMATION" IS DEFINED AS "ANY ALLEGATION OF CONFLICT OF INTEREST, FAILURE TO ADHERE TO REQUIRED STANDARDS OF CONDUCT, ABUSE OF AUTHORITY, MISCONDUCT OR INFORMATION SERVING AS THE BASIS FOR AN INCOMPLETE OR UNRESOLVED OFFICIAL INVESTIGATION OR INQUIRY INTO A POSSIBLE CONFLICT OF INTEREST OR FAILURE TO ADHERE TO STANDARDS OF CONDUCT OR MISCONDUCT."  THE OFFICER NEED NOT HAVE BEEN SUBJECT TO ADMINISTRATIVE OR JUDICIAL PROCESSES AS A RESULT OF THESE INVESTIGATIONS OR INQUIRIES IN ORDER TO REQUIRE PROCESSING AS AN ADVERSE NOMINATION.  ADVERSE NOMINATIONS ARE ROUTED VIA THE COMMANDANT OF THE MARINE CORPS (CMC) AND THE SECRETARY OF THE NAVY (SECNAV) TO THE SECDEF FOR DECISION.  ADVERSE INFORMATION OR ALLEGED ADVERSE INFORMATION RELATING TO OFFICER CASES ARE IDENTIFIED THROUGH JUDGE ADVOCATE DIVISION/INSPECTOR GENERAL MARINE CORPS SCREENINGS PRIOR TO PREPARING APPOINTMENT NOMINATION SCROLLS.  IF A MARINE'S ADVERSE MATERIAL HAS BEEN PREVIOUSLY VETTED THROUGH SECNAV FAVORABLY, SUCH AS A PROMOTION, THEN THE OFFICER'S ADVERSE INFORMATION WOULD NOT REQUIRE RE-VETTING AND THE OFFICER WOULD BE PLACED ON THE NONADVERSE SCROLL.
    B.  THE ADVERSE SCROLLING PROCESS MAY TAKE UP TO TWELVE MONTHS BEFORE FINAL DETERMINATION IS MADE BY THE SECNAV TO RECOMMEND THE OFFICER FOR APPOINTMENT.  AN OFFICER APPOINTMENT IS A PRIVILEGE AND NOT A RIGHT; THUS OFFICERS ARE NOT AFFORDED AN OPPORTUNITY TO PROVIDE ADDITIONAL INFORMATION ON THEIR CASES (TO INCLUDE LETTERS OF RECOMMENDATION) OR REBUT FINAL DECISIONS.
    C.  IF A CAREER DESIGNATED OFFICER, RESIGNING AND APPROACHING THEIR EAS, IS STILL PENDING A DECISION BY SECNAV/SECDEF, THE OFFICER CAN REQUEST TO EITHER REMAIN ON ACTIVE DUTY UNTIL THE FINAL DETERMINATION IS MADE OR BE GIVEN A SEPARATION CODE INDICATING A FINAL DISCHARGE.  THE OFFICER SHOULD CONTACT BOTH MMSR-3 AND THEIR MONITOR TO COORDINATE THEIR REQUEST.
6.  OFFICERS WITH ADVERSE INFORMATION IN THEIR RECORD
    A.  OFFICERS WITH ADVERSE INFORMATION OR ALLEGED ADVERSE INFORMATION MAY NOT HAVE THEIR NAMES FORWARDED FOR A RASL APPOINTMENT IF THE SERVICE FINDS THE OFFICER UNQUALIFIED, EVEN IF THE OFFICER HAS MSO REMAINING.
    B.  DODI 1304.25 PARA 6.3 STATES, A MEMBER MAY BE DISCHARGED BEFORE FULFILLING A MSO WHEN THE MILITARY DEPARTMENT CONCERNED HAS DETERMINED THAT THE MEMBER HAS NO POTENTIAL FOR SERVICE UNDER THE CONDITIONS OF FULL MOBILIZATION.
    C.  WHEN FORWARDING TO SECDEF ADL TO RASL SCROLLS FOR OFFICERS WITH ADVERSE INFORMATION, THE SECNAV MAY DISAPPROVE FORWARDING THE NAMES OF OFFICERS WITH A MSO (RESULTING IN NON-APPOINTMENT OF RESERVE COMMISSION) WHO HE DETERMINES DO NOT HAVE POTENTIAL FOR SERVICE UNDER THE CONDITIONS OF FULL MOBILIZATION.
    D.  AN OFFICER WITH OBLIGATED SERVICE REMAINING WHO IS NOT RECOMMENDED FOR AN APPOINTMENT TO THE RASL BY THE SECNAV WILL BE GIVEN A FINAL DISCHARGE INDICATING NO FURTHER OBLIGATED SERVICE REMAINING.  OFFICERS INVOLUNTARILY DISCHARGED AS A RESULT OF A SECOND FAILURE OF SELECTION MAY BE ENTITLED TO SEPARATION PAY.  SEPARATION PAY WILL ONLY BE AUTHORIZED IF THE OFFICER SIGNS A WRITTEN AGREEMENT TO SERVE IN THE READY RESERVE FOR THREE YEARS.
7.  ADVERSE NOTIFICATION
    A.  OFFICERS IDENTIFIED TO HAVE ADVERSE MATERIAL IN THEIR RECORD WILL BE NOTIFIED VIA EMAIL BY RCT IN ORDER TO FACILITATE PROPER PLANNING EFFORTS.  OFFICERS MAY CONTACT RCT WITH ANY QUESTIONS REGARDING THE STATUS OF THEIR APPOINTMENT PACKAGE.
    B.  IF SECNAV DENIES AN ACTIVE COMPONENT OFFICER FOR AN APPOINTMENT TO THE RASL THE OFFICER WILL BE NOTIFIED BY LETTER FROM HQMC, DIRECTOR RA DIVISION ALONG WITH A COPY OF THE MEMO SIGNED BY THE CMC AND THE SECNAV.  BOTH DOCUMENTS WILL BE PLACED IN THE OFFICER'S OFFICIAL MILITARY PERSONNEL FILE.  MMSR-3 WILL THEN ISSUE A DISCHARGE CERTIFICATE FOR THE OFFICER IF THE SECRETARY OF THE NAVY DENIES AN ACTIVE COMPONENT CAREER DESIGNATED OFFICER APPOINTMENT TO THE RASL.  IF THE OFFICER IS NOT CAREER DESIGNATED, THE DISCHARGE CERTIFICATE WILL BE ISSUED BY MMOA-3.
    C.  OFFICERS RECOMMENDED FOR RESERVE COMMISSION WILL BE NOTIFIED VIA LETTER FROM HQMC, RA DIVISION AFTER THE SECDEF APPROVES THE RASL SCROLLS.  ALL OFFICERS LEAVING THE AC ARE HIGHLY ENCOURAGED TO AFFILIATE WITH THE SELECTED MARINE CORPS RESERVE.  RCT CAN ASSIST EACH OFFICER IN TRACKING THE STATUS OF THEIR RC APPOINTMENT, LEARNING ABOUT AVAILABLE BILLETS, POTENTIAL MONETARY INCENTIVES FOR CONTINUED DRILLING RESERVE SERVICE, AND EARNING A RESERVE RETIREMENT.  CONTACT MAJOR FRANCINE M. IPPOLITO AT 703-784-0581 (DSN 278) FOR MORE DETAILS.
8.  RELEASE AUTHORIZED BY R. E. MILSTEAD JR, DEPUTY COMMANDANT FOR MANPOWER AND RESERVE AFFAIRS.//