AR 630-10 (13 January 2006)
Chapter 5
Army National Guard of the United States and United States Army Reserve
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5-2. Entry on initial active duty for training
a. The procedures in this paragraph apply when an enlisted Soldier ordered to enter on IADT refuses or fails to comply with the order. It is applicable to Soldiers who enlisted for the standard training option or for the alternate (split-training) option. This paragraph is not applicable to an officer scheduled to enter on IADT to complete the OBC (see para 5-5a(2)(b)).
b. If an extenuating circumstance did not exist and the Soldier refuses to comply with the IADT order, the guidance counselor cancels the training reservation. The appropriate separation authority processes the ARNGUS Soldier for discharge from the ARNGUS and as a USAR. The USAR Soldier is processed for discharge under the entry level performance and conduct provision, AR 135-178, chapter 14 (typo: should be chapter 8).
(1) The MEPS guidance counselor notifies the commander of the Soldier's ARNGUS or USAR unit of assignment. The commander conducts an investigation to determine the Soldier's whereabouts and the reason for noncompliance with the IADT order.
(2) The unit commander establishes whether extenuating circumstances (for example, sickness, injury, hospitalization, or a death in the Soldier's family) prevented the Soldier from reporting to the MEPS. The commander notifies the guidance counselor of the results of the investigation with the final determination.
(a) If such circumstances existed and the Soldier will report for entry on IADT, the guidance counselor cancels the training reservation. A new date for entry on IADT is coordinated with the unit commander and the individual. The commander notifies the MEPS in writing that an amendment of the IADT order is required.
(b) On the failure of a Soldier to report to the MEPS on the date scheduled for entry on IADT for Phase II of the alternate (split-training) program, the procedures described in b(1) and (2), above, are followed.
(c) If circumstances are determined to have prevented the individual from reporting for Phase II training, and the Soldier will report for entry on IADT for Phase II, the guidance counselor cancels the training reservation. A new date for entry on IADT for Phase II is coordinated by the guidance counselor with the unit commander and the Soldier. Written notification is made to the MEPS by the unit commander that an amendment to the IADT order is required. Delays in reporting for entry on Phase II are governed by the provisions of AR 601-25.
(d) If extenuating circumstances did not exist and the Soldier refuses to report for entry on IADT for Phase II, the guidance counselor cancels the training reservation. The appropriate separation authority processes the Soldier for discharge in an entry level status according to AR 135-178, chapter 5.
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5-5. Mandatorily ordered to active duty or active duty training
a. The procedures in this paragraph apply when a Soldier has been called or ordered to AD or ADT in compliance with a contractual agreement or by operation of law and fails to report. This paragraph does not apply to entry or IADT or AT Soldiers. Calls or order to AD or ADT may include, but are not limited to the following:
(1) The Soldier is called or ordered to AD and assessed into the Active Army based on-
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(c) Enlistment in the USAR for entry on AD according to Title 10, United States Code, Section 12103.
(d) Ordered to AD in time of war or national emergency according to Title 10, United States Code, Sections 12301 and 12302, Title 10, United States Code, or for a Presidential Selected Reserve Call-up according to Title 10, United States Code, Section 12304.
(e) Order to AD for proceedings under the UCMJ according to Title 10, United States Code, Section 802.
(2) The Soldier not being accessioned into the Active Army and ordered to ADT-
(a) For not more than 45 days having failed to perform satisfactorily (10 USC 10148).
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b. The policy and procedures governing AWOL and desertion described in other chapters of this regulation apply when an ARNGUS or USAR Soldier is called or ordered to AD in the Active Army under a above, but without proper to authority, fails to report as ordered.
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d. A Soldier ordered to AD as a member of a USAR or ARNGUS unit being activated, and without proper authority fails to report is processed as follows:
(1) Soldier will be accessed onto AD on the rolls of the assigned unit, and placed in AWOL status.
(2) Commander of assigned unit informs the Deserter Control Officer at the USAR RSC or state Adjutant General office.
(3) USAR and ARNGUS Soldiers who are AWOL for 30 consecutive days are immediately DFR.
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Chapter 6
Mobilization Army National Guard of the United States and United States Army Reserve
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6-2. Desertion
a. Army policy during mobilization is to access as ASNJ and identify all ARNGUS and USAR personnel who fail to report on their established reporting date after “no-show” status has been confirmed.
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(1) The ARNGUS and USAR absentees are accessed as ASNJ to the Active Army on their established reporting date. ...
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(2) The ARNGUS and USAR personnel are reported as deserters when the gaining unit commander, for Selected Reserve Personnel, or the Commander, HRC-St. Louis, for other than Selected Reserve, determines that the absentee knew of or received his or her mobilization orders and the personnel did not report for AD during the 30 days following their established reporting date.
(3) When the Commander, HRC-St. Louis cannot make a determination whether the IRR Soldier knew of or received their mobilization orders, they may initiate administrative separation actions from the date of such determination but not less than 12 months from the original report date of the mobilization orders.
c. The ARNGUS and USAR personnel who are absent without proper authority after reporting for AD are processed per chapters 2 through 5 of this regulation, unless otherwise stated. |