AR 135-91 Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions

Summary of Changes

• Supersedes Army Directive 2015–23 regarding recoupment of out-of-service debt and Non-Pay Status Servicemembers Group Life Insurance (SGLI).
• Supersedes Army Directive 2014–12 concerning eligibility of Reserve Component Soldiers for Separation Pay.
• Details military service obligations for officers and enlisted Soldiers (tables 2–1 and 2–2).
• Clarifies active duty obligation for U.S. Army Health Professions Scholarship Program officers (para 3–10k(3)).
• Guidance for participation in the officer personnel management system – U.S. Army Reserve is deleted.
• Revises and clarifies policy for mailing annual training orders (para 4–15a(3)).
• Updates notification procedures for unexcused absence from annual training (para 4–16).
• Figure 4–3 is renamed to "memorandum of instructions concerning 90–Day authorized absence".
• Figure 5–1, amendment to enlistment agreement, is deleted.
• Updates unsatisfactory participation enforcement provisions (para 6–2).
• Adds figure 6–1, memorandum for commander’s determination of unsatisfactory participation (fig 6–1).
• Adds figure 6–2, notice of Servicemembers Group Life Insurance termination (fig 6–2).
• Incorporates provisions of Army Directive 2014–12 regarding eligibility of Reserve Component Soldiers for separation pay (chap 7).
• Adds internal control test questions (app B).

General

• Purpose: Defines Army National Guard of the United States (ARNGUS) and U.S. Army Reserve (USAR) service obligations; prescribes policies and procedures for service obligations and participation requirements; discusses excused absences and pregnancy policy; covers enforcement procedures for unsatisfactory participation.
• Applicability: Applies to the Army National Guard of the United States and the U.S. Army Reserve. Chapters 3 through 6 are not applicable to Soldiers serving in the Active Guard Reserve Program under Section 12301(d), Title 10, United States Code.
• Proponent: Deputy Chief of Staff, G–1.
• Supplementation: Prohibited without prior approval from the Deputy Chief of Staff, G–1.
• Improvements: Users can send comments and suggested improvements on DA Form 2028.
• Distribution: Available in electronic media only.

Responsibilities

• Chief, National Guard Bureau:
  • Monitor methods of fulfilling Reserve of the Army service obligations and participation requirements.
  • Serve as approval authority for exceptions to unexcused absences.
• Deputy Chief of Staff, G–1:
  • Provide administrative control of Soldiers under their command.
  • Provide information and direction to Soldiers about fulfilling Reserve obligations and consequences of unsatisfactory participation.
• Chief, Army Reserve:
  • Retain special staff responsibility for USAR Soldiers and monitor service obligations and participation requirements.
  • As commander, U.S. Army Reserve Command:
    • Monitor methods of fulfilling service obligations and participation requirements.
    • Ensure subordinate commanders monitor methods of fulfilling service obligations and participation requirements.
    • Serve as the approval authority for exceptions to unexcused absences.
    • Provide administrative control of Soldiers under their command.
    • Provide information and direction to Soldiers concerning methods of fulfilling the Reserve obligation and consequences of unsatisfactory participation.
    • Ensure the Reserve Component (RC) Soldier acknowledges and understands the terms of his or her Reserve participation agreement.

Initial Active Duty for Training

• All Soldiers required to perform a period of initial active duty for training (IADT) will be scheduled per AR 135–200.

Completion of Additional Active Duty

• The statutory military service obligation (MSO) remains fixed and is not altered by complying with additional active duty (AD) requirements. AD beyond the original contract may reduce Ready Reserve (RR) time where training is mandatory.

Minority Enlistment

• A Soldier whose enlistment is voided due to minority is not considered to have incurred a service obligation. On reentry, the individual incurs the service obligation required at the time of reentry. Service before the voided enlistment is creditable if the service was characterized as honorable.

Military Service Obligations

Statutory Obligation

• Incurred on initial entry into the Armed Forces.
  • Soldiers enlisting on/after 1 June 1984: 8-year statutory MSO.
  • Soldiers enlisting before 1 June 1984: 6-year statutory MSO.
• Termination: Can be terminated by the Army, except when separating for immediate reentry into the same/another military status, including officer training programs with military status.

Contractual Obligation

• Acquired when voluntarily entering an agreement to serve in a military status for a specific period.
• May run concurrently with, extend past, or be added to the statutory obligation; can exist where no statutory obligation was incurred.
• Enlistment/appointment contract in active/RC of the U.S. Armed Forces is assumed voluntarily by enlisting/accepting an appointment and signing an agreement.
• RR service and AD/active duty for training (ADT) extending past the statutory obligation may be acquired through contract by:
  • Officers commissioned from Reserve Officers’ Training Corps (ROTC) and later granted educational delays per AR 601–25.
  • Soldiers discharged before completing their statutory obligation who reenter an active/RC of the U.S. Armed Forces must contract for a term equal to the remainder of their unserved statutory obligation, but with a minimum of 1 year.
  • Soldiers appointed as USAR warrant officers incur a contractual 6–year RR obligation in a troop program unit (TPU). It is added to the original statutory obligation.
• When a Soldier elects to continue service for a specified time by signing an extension of enlistment or reenlistment.

Ready Reserve Obligation

• Part of the statutory and/or contractual obligation, requiring a Soldier to remain in an active RC unit or a RR CG.
• Length depends on the agreement signed when appointed/enlisted.

Mandatory Training Requirement

• Part of the statutory and/or contractual obligation when assignment to a USAR TPU/ARNGUS unit or to USAR CG (annual training (AT)) is required.

Unfulfilled Statutory Obligation

• When a statutory obligation is terminated early, the Soldier incurs a contractual obligation if reentering the active/RC.
  • The contractual obligation on reentry is for a period not less than the unserved portion of the previous statutory obligation.
  • Soldiers reentering the Reserve Forces by enlisting in the USAR are credited with prior service, but must enlist for a whole number of years.
  • Soldiers reentering the RC by enlisting in the Army National Guard (ARNG) are enlisted for the number of years, months, and days in their unfulfilled MSO.
  • Soldiers reentering the active Force are transferred to the USAR after completing AD and will serve the remaining time from their previous statutory obligation.
  • Soldiers reentering the active or RC by appointment must serve the number of years, months, and days not served in their previous statutory obligation.
• Military service obligation for officers and enlisted personnel detailed in tables 2-1 and 2-2 respectively.

Participation Requirements

General

Satisfactory Participation in Troop Program Units

• TPU Soldiers must participate in at least 48 scheduled inactive duty training (IDT) periods and 14 days of AT (excluding travel time).
  • Attending all scheduled IDTs unless excused by the unit commander or granted an authorized absence.
  • Wearing the prescribed uniform, presenting a neat appearance, and performing assigned duties satisfactorily.
  • Attending and satisfactorily completing the entire period of AT unless excused by proper authority.
  • Obtaining a unit assignment during an authorized absence.

Satisfactory Participation in the Individual Mobilization Augmentation Program

• Governed by AR 140–145.
  • Attending all required IDT periods for pay unless excused.
  • Wearing the prescribed uniform, presenting a neat appearance, and performing assigned duties satisfactorily.
  • Attending and satisfactorily completing the entire period of AT unless excused.
  • Reporting any change of address promptly.
  • Completing and returning all military correspondence (including RR qualification record forms).

Satisfactory Participation of U.S. Army Reserve Control Group Soldiers

• Soldiers assigned to the CGs AT, Reinf, and officer active duty obligor (OADO) have participation requirements.
  • Complete and return all military correspondence (including RR qualification record forms).
  • Report any change of address promptly.
  • Comply with other requirements imposed by Commander, HRC.
• Satisfactory participation in a RR CG will be credited toward the RR portion of the statutory service obligation and will not reduce AD or ADT which a Soldier contracts to serve or is required by law to perform.

Participation Before Initial Active Duty for Training

• Enlistees are authorized to attend the specified number of IDT periods/AT with their unit for pay before completing IADT.

Ready Reserve Annual Training

• An ARNGUS/USAR Soldier will not be required to perform AT during the final year of their statutory obligation if:
  • The individual served on continuous AD for 1 year or longer, and
  • The first day of training falls during the last 120 days of the Soldier’s required Reserve membership.

Participation After Qualifying for Retirement

• An ARNGUS/USAR officer/enlisted Soldier with 20 years of qualifying service for retired pay must attain 50 retirement points annually to be retained in an active status.
• Area commanders (for Soldiers assigned to a TPU) or Commander, HRC (AHRC–PAT–I) (for all other USAR Soldiers) have exception authority for removal for failure to earn the required 50 retirement points according to AR 140–10.

Completion of the Active Duty Requirement

• Officers and enlisted Soldiers are credited with completing 2, 3, 4, or 5 years of AD when they serve to within 90 days of that period.

Readjustment Period

• Statutorily obligated Soldiers with 2+ years of AD when reassigned to a USAR CG are authorized a 90–day readjustment period where training is not required.

Involuntary Assignment

• Criteria for involuntary assignment to a USAR unit.
• Exceptions for Soldiers serving in a combat zone or wounded in a hostile area.
• Officers assigned to the CG (Reinf) with 3-4 years of AD will not normally be involuntarily assigned to a RR unit.

Officers

General Participation Requirements

• The period of RR service depends on the agreement signed when appointed and the number of months served on AD.
• Participation criteria for Reserve Officers’ Training Corps graduates.
• Appointees from the Reserve Officers’ Training Corps who serve on active duty for training for the period needed to complete the Regular Army resident officer basic course (50 USC 456(d)(1)).
• Reserve Officers’ Training Corps graduates who receive financial assistance under the Reserve Officers’ Training Corps scholarship program (10 USC 2107).
• Reserve Officers’ Training Corps graduates with prior active service (10 USC 2104).
• Reserve Officers’ Training Corps graduates participating in the U.S. Army Health Professions Scholarship Program (10 USC 2104, 2107, and 2123).
• Former National Oceanographic and Atmospheric Administration officers (50 USC 456(d)(5)).
• Officer Candidate School graduates (10 USC 12208 and 12209).
• Direct appointment from enlisted status (10 USC 12104).
• Direct appointment from enlisted status nonobligated enlisted member.
• Health Professions Scholarship Program participants (10 USC 2123).
• Service school obligation.
• Appointment as an U.S. Army Reserve warrant officer.

Participation Requirements for Army Medical Department Officers

• Officers voluntarily assume an obligation by signing an agreement to serve on AD and/or participate satisfactorily in an RC.
• Officers participating in special Army Medical Department (AMEDD) procurement programs are bound by the stat- utory and contractual obligations of that program.
• USAR officers who are medical, dental, or veterinary students may be excused from training assemblies and/or AT for compelling reasons which prevent participation.
• Participants in the new specialized training assistance program (see AR 135–7) retain the original statutory obligation incurred on enlistment in the military Service.

Enlisted Soldiers

General Participation Requirements

• Terms of the contract under which the Soldier entered the Armed Forces and the number of months served on AD are considered in determining participation and/or service required for enlisted Soldiers in the RR.
• Non-prior service Soldiers.
• Former U.S. Military Academy cadets (10 USC 516).
• Army National Guard (10 USC 12106).
• Reenlistment or extension in the Army National Guard (32 USC 302) or U.S. Army Reserve (10 USC 509 and 12102).

Participation Requirements of the Senior Reserve Officers’ Training Corps Program

• Reserve Officers’ Training Corps advanced course or scholarship programs (10 USC 2104 and 2107).
• Reserve Officers’ Training Corps basic course (non-scholarship).

Disenrollment From the Reserve Officers’ Training Corps Course Program

• Breach of contract (10 USC 2105 and 2107(f)).
• Other than breach of contract (10 USC 2108).

Absences

General

• This chapter governs absences from RR training for all ARNGUS and USAR Soldiers.
• Table 4–1 lists reasons for absences, who may excuse or grant exceptions, basis for approval/disapproval, and required documentation.
• Unit commander or acting commander can excuse absences and authorize equivalent training (ET).
• State adjutants general (for ARNGUS) and general officer commanders (for USAR) can grant exceptions to unexcused absences.

Equivalent Training

• ET policies remain unchanged (see AR 140–1 and NGR 350–1).
• When authorized, ET will be performed in a pay status within 60 days of the absence.

Orientation for Soldiers Assigned to Selected Reserve Units

• Recruiters, counselors, etc., must ensure ARNGUS and USAR Soldiers are aware of their obligations, prerequisites for participation, and consequences of unsatisfactory participation.
  • Initial and Annual orientations must be conducted, with signed acknowledgements filed in the AMHRR.

Orientation for Soldiers Assigned to the Individual Ready Reserve or Individual Mobilization Augmentation Duty

• Soldiers should be aware of their service obligation as assigned Soldiers of the IRR or the IMA Program

Unsatisfactory Participation as a Soldier Assigned to the Individual Ready Reserve

• As prescribed by paragraph 3–3.
• An IRR Soldier will be determined to be an unsatisfactory participant subject to the enforcement provisions of chapter 6, under the following conditions:
  • When ordered to AT if, without proper authority, the Soldier fails to attend or complete the entire period of AT.
  • Failure to comply with a second request to report for annual muster.
  • Failure to report a change of address to Commander, HRC within 45 days following the change of address.
  • Failure to comply with a second notice to complete and return official military correspondence within 45 days of the date of the second notice.

Unsatisfactory Participation as an Individual Mobilization Augmentee

• Satisfactory participation is prescribed by paragraph 3–2.
• An IMA will be determined to be an unsatisfactory participant subject to the enforcement provisions of chapter 6, under the following conditions:
  • When ordered to AT if, without proper authority, the Soldier fails to attend or complete the entire period of AT.
  • If required to attend 48 IDT periods, Soldiers accrue nine or more unexcused absences in any 12 month period
  • Failure to report a change of address to appropriate proponent IMA organization commander and Commander, U.S. Army Human Resources Command within 45 days following a change of address.
  • Failure to comply with second notice to complete and return official military correspondence within 45 days of the date of the second notice.

Excused Absences

• All situations not specifically identified in this paragraph or section V of this chapter are considered unexcused absences.
• Such absences may be excused when sickness, injury, or some other circumstance beyond the Soldier’s control caused the absence.
• A Soldier excused may be required to document the reason for the absence.

Documentary Evidence

• A Soldier excused may be required to document the reason for the absence
• Evidence submitted by the Soldier will be in the form of an affidavit when the absence was beyond the Soldier’s control.
• Absence caused by sickness or injury requires certification from a physician or medical officer.

Employment Conflicts

• Employers sometimes schedule several weeks of career training, which prevents the Soldier from attending IDT
• Employment conflicts, overtime, schooling, and loss of income are not normally considered valid reasons for absence from training

Advanced Reserve Officers’ Training Corps Camp and Unit Annual Training Conflicts

• Chief, NGB will set the policy for excusing ROTC/SMP participants from AT for ARNG units
• Officer trainees who were enlisted in the ROTC/SMP will normally attend AT with their unit for US Army Reserve units

Unexcused Absences

• An unexcused absence is any absence not covered in sections II and IV of this chapter.
• Soldiers will be charged with unsatisfactory participation when, without proper authority, they:
  • Accrue in any 12–month period a total of nine or more unexcused absences from scheduled IDT periods.
  • Fail to obtain a unit of assignment during an authorized absence.
  • Fail to attend or complete AT.

Exceptions to Unexcused Absences

• Policy for when a Soldier’s absence was justified, but the reason is not one the unit commander can excuse (see para 4–8), an exception may be granted.
• Procedures.
• Approval authority: State adjutants’ general and general officer commanders can grant exceptions to unexcused absences.
• Approved exceptions to unexcused absences.

Unexcused Absence from Unit Training Assemblies

• Unsatisfactory participation.
• Charging unexcused absences.
• Establishing the 12-month period.

Documentation of Unexcused Absences

• Notice of unexcused absence.
• Documentary evidence.
  • For Soldiers who fail to report and cannot be located within 90 days after the date of separation from active duty (AD), reassignment from the Individual Ready Reserve (IRR), or reassignment from another TPU or IMA assignment may be reassigned to the IRR to complete their MSO or enlistment contract.

Unexcused Absence from Annual Training

• Unsatisfactory participation.
• Determination of unexcused absence from AD.
• Actions to be taken against a Soldier absent without leave (AWOL) during the AD period will be at the discretion of the commander.

Unauthorized Absence from Initial Active Duty for Training

• Action will be taken per AR 630–10 and UCMJ if an officer or enlisted ARNG or USAR Soldier fails to comply with orders or after reporting for duty, is AWOL.

Authorized Absence

Change of Address

• The enlisted Soldiers who move to an area too distant to continue participating with their unit will be reassigned those who do not give notice of relocation will be granted a 90–day an authorized absence.
• Notice of relocation
• Instruction
• Failure to report a change of address
• Arrival at the new location
• Reassignment responsibility
• Failure to obtain assignment

Pregnancy

Policy

• The counselor will be a commissioned officer.
• Pregnancy Counseling Checklist
• Enlisted soldiers
  • A woman who is pregnant cannot enlist. Discharge per AR 135–178 or NGR 600–200.
  • After time of enlistment but prior to entry on initial active duty for training.
  • After initial active duty for training has been completed. A woman who becomes pregnant after completing IADT will be counseled using the Pregnancy Counseling Checklist.
• Officers
  • Before entry on initial active duty or active duty for training.
  • After initial active duty or active duty for training has been completed.

Maternity Leave

• An ARNG or USAR unit Soldier who becomes pregnant after completing initial AD or ADT will be requested to furnish her unit commander a physician’s statement per paragraph 4–25b.

Responsibility of Unit Commander

• The unit commander will request a Soldier whose physical condition indicates the possibility of pregnancy to see her physician at once.
• A commissioned officer will counsel the pregnant Soldier.

Reassignment and Removal from Assignment

Conditions of Removal

• An enlisted Soldier must satisfactorily participate with a unit for the period specified by written contract, agreement, or statement of understanding.
• The reassignment or transfer of an enlisted Soldier to the IRR under the conditions cited in this section is authorized provided all of the following apply to the Soldier:
  • Soldier has a remaining statutory or contractual MSO.
  • Required IET has been completed and individual has been awarded an MOS.
  • The Soldier is not within 3 months of the expiration of a statutory or contractual MSO, whichever is the later.

Removal Eligibility

• In addition to the removal conditions and procedures prescribed by the regulations cited in paragraph 5–1b, an enlisted Soldier may be removed from a unit assignment under the following conditions:
  • Reassignment or transfer to the Individual Ready Reserve.
  • Reassignment or transfer to the Standby Reserve.
  • Discharge.

Reassignment

• Enlisted Soldiers who are unable to continue serving in a unit may be reassigned to a RR CG.

Unit Inactivation or Relocation

• Soldiers who meet the criteria of paragraph 5–1c whose unit is inactivated or relocated will be reassigned and/or transferred to the IRR if.

Maximum Involuntary Travel Distance

• The maximum distance ARNGUS and USAR Soldiers may travel involuntarily between their residence and the IDT training site must be within:
  • A 50-mile radius of the IDT site
  • A 100-mile radius of the IDT site. (This policy is applicable to enlisted Soldiers only.)

Change of Address

• Soldiers who lose their unit position because they change their address will be reassigned and/or transferred to another paid IDT unit with the same RC.

Temporary Overseas Residency, Employment, or Missionary Obligation

• Enlisted Soldiers may be reassigned and/or transferred to the IRR provided they meet the criteria of paragraph 5–1c, or to the Standby Reserve under conditions when:
  • Occupying temporary residence outside the United States where unit assignments are not available.
  • Fulfilling a genuine temporary nonmilitary employment obligation requiring overseas residency.
  • Fulfilling a religious missionary obligation, which would conflict with required participation or requires overseas residency.

Temporary Overseas Residency

• Enlisted Soldiers may be reassigned and/or transferred to USAR CG (AT) under the following conditions:

Temporary Overseas Nonmilitary Employment or Temporary Missionary Obligation

• Enlisted Soldiers may be reassigned and/or transferred to the Standby Reserve (active list) or to the ING (NGR 614–1), as appropriate under the following conditions:

Disposition of Health Profession Students and United States Merchant Marine Academy Appointees

• This section prescribes the criteria and procedures governing disposition of students in the health professions.

Graduate Study in the Health Professions

• RR Soldiers may not be transferred from the RR solely because they are students, interns, residents, or fellows in the health professions.

Appointment in the U.S. Merchant Marine Academy

• Enlisted Soldiers accepted for appointment in the U.S. Merchant Marine Academy may be assigned to the IRR provided they meet the criteria of paragraph 5–1c.

Temporary Medical Disqualification

General

• A Soldier is temporarily medically disqualified when documentary evidence supports a finding of a medical defect or prolonged illness which can be corrected in less than 1 year.

Disposition of Medically Disqualified Soldiers

• Removal or retention of Soldiers depends on the length of the period for which they are medically disqualified. (See AR 140–10 for the USAR and NGR 600–200 for ARNG Soldiers.)
  • Less than 6 months.
  • 6 months to 1 year.
  • More than 1 year.

Enforcement Provisions

General

• This chapter sets policies to follow when ARNGUS or USAR Soldiers fail to participate satisfactorily in required Reserve training.
• The reassignment or transfer of an enlisted Soldier to the IRR under the conditions cited in this section is authorized provided the Soldier:
  • Has a remaining statutory or contractual MSO.
  • Has completed required IET and been awarded an MOS.
  • Is not within 3 months of the expiration of a statutory or contractual service obligation, whichever is the later.

Unsatisfactory Participation Enforcement Provisions

• When it has been determined that an ARNGUS or USAR officer or enlisted Soldier is an unsatisfactory participant per chapter 4, the immediate commander will complete a memorandum determining the Soldier an unsatisfactory participant and will initiate proceedings that result in the reassignment, transfer, or separation of the unsatisfactory partic- ipant as prescribed in this paragraph and complete a notice of SGLI termination memorandum informing the Soldier his or her SGLI will be terminated effective 60 days from the date of the notice.

Eligibility of Reserve Component Soldiers for Separation Pay

Authority

• This chapter prescribes eligibility criteria for RC Soldiers to receive separation pay

Eligibility

• RC Soldiers are eligible for separation pay if they are discharged or released from AD after completion of 6 continuous years of active duty, but less than 20
• For separation pay eligibility, a period of AD is continuous if it is not interrupted by a break in service for more than 30 days.
• To receive separation pay, RC Soldiers must agree, in writing, to serve in the RR for a minimum of 3 years after the separation from AD