1352

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NYGD 1352 REACTIVATION AND RECALL - NYGD 1352 PREFACE

FOR THE COMMANDER THOMAS G. CLELAND Brigadier General, New York Guard Commander

OFFICIAL: Digitally signed by Michael J. Stenzel cn=Michael J. Stenzel, ou=JS, o=NYG, c=US Date: 2002.09.03 08:37:02 -05'00' Reason: FOR THE COMMANDER Headquarters NYG, Latham

MICHAEL J. STENZEL COL, GS, NYG Chief of Staff

1. Purpose. This publication sets forth format and procedures to govern the reactivation of NYG members currently on the State Reserve List and recalling NYG Members on the State Retire List. 2. Application a. Format and procedures established in this publication apply to all major Commands in the New York Guard. b. This publication is directive in nature. These formats, and procedures will be followed, except when, in the judgment of the commander, exceptional circumstances dictate otherwise. 3. Scope. This publication describes the procedures needed for the reactivation of NYG members currently on the State Reserve List (SRL) and the recalling of NYG Members on the State Retire List (SRtL). 4. Basis. New York State Consolidated Laws, Chapter 36, Military, Article VIII, The New York Guard. S 167. Assignment and transfer of officers to the New York guard. Notwithstanding any contrary provision of law, upon the recommendation of the adjutant general: 1. The governor may order any person on the state reserve list or on the state retired list to duty with the New York guard in an inactive status, in which case such person shall rank in his/her grade from the date of such order; such person may be relieved from such duty and may be returned to the state reserve list or state retired list in the discretion of the governor; such person may be ordered to active duty or active service with any unit, command, headquarters, staff or cadre of the New York guard which is on active duty or active service, in which case he/she shall rank in his/her grade from the date of such order. 1

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REACTIVATION AND RECALL - NYGD 1352 TABLE OF CONTENTS CHAPTER

PAGE

I POLICY……………………………………………………………………….………… I-1 1. Reserve List Recalls..……………………………………………………………… I-1 2. Retired List Recalls..…………………………………………………………….… I-1 3. Recall Physicals…………………………………………………………………… I-1 II RESPONSIBILITIES……………….………………………………………………….. 1. Commander New York Guard..………………………………………..………….. 2. J1, DCS For Personnel & Administration………………..……………………….. 3. Commanders of New York Guard Components .…………………...……………..

II-1 II-1 II-1 II-1

III. RECALL FROM RESERVE LIST……………….…....……………………………… 1. Duty……………………………………………………………………….……….. 2. Approvals..……………………………………………………………….……….. 3. Rank……………………………………………………………………….………..

III-1 III-1 III-1 III-1

IV. RECALL FROM RETIRED LIST……………….…....……………………………… 1. Duty……………………………………………………………………….……….. 2. Approvals..……………………………………………………………….……….. 3. Rank……………………………………………………………………….………..

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APPENDIX A. NYG Form 1352, NEW YORK GUARD REQUEST FOR REACTIVATION / RECALL. A-1

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NYGD 1352 CHAPTER I POLICY

1. Reserve List Recalls. Individuals on the State Reserve List (SRL) may be reactivated and assigned to any TDA/UMD position for any period of time at their previous permanent rank. Their date of rank and time in grade will be recalculated so as not to include time spent on the SRL. 2. Retired List Recalls. Individuals on the State Retired List (SRtL) may be recalled for a specific project of a specific duration not to exceed one year. Filling a TDA/UMD position is discretionary. Individuals may not serve in a chain-of-command position. Recall time may be counted as time in grade in the permanent rank at the discretion of the Commander. 3. Reactivation and Recall Physicals. Reactivation and recalls are subject to take current physical and meet current physical standards.

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NYGD 1352 CHAPTER II RESPONSIBILITIES

1. Commander New York Guard. is the authority to reactivate New York Guard Members from the State Reserve List and to recall and to assign New York Guard members from the State Retired List. 2. The Deputy Chief of Staff for Personnel and Administration (J1) will; Publish orders assigning and stipulating projects and period of service and review the status of recalled individuals to comply with NYS laws and NYG directives. 3. Commanders of New York Guard Components. Commanders of the Army Division, Air Division and 54th Civil Affairs Brigade will; a. Comply with this directive to assure proper procedures are followed. b. Stress the need for justification and monitoring the manpower reactivated or recalled and observing the limitations so directed by State Law and directions of the Commander NYG. c. Publish additional implementing regulations or instructions as deemed necessary. Commanders will exercise judgment in implementing and adding to requirements. This directive will be followed, except when in the judgment of the Commander New York Guard, exceptional circumstances dictate otherwise. Conflicts will be resolved through recommended changes to this directive. Commanders will not publish regulations or instructions that conflict with this directive. d. Notify and provide copies of follow-on regulations or instructions to New York Guard Headquarters for review and approval.

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NYGD 1352 CHAPTER III RECALL FROM RESERVE LIST

1. Duty. Any unit commander or individual can request reactivation from the NYS Reserve List to active status by forwarding through proper channel a written request stating the following reasons and justification thereof: a. Who is the individual. b. What position will he/she be holding and is he/she holding the correct grade level for that position, positions may not be filled overgrade unless approved by the Commander NYG. c. When does the position need to be filled, is it in a TDA/UMD, and will this position be filled as a permanent or a temporary assignment? d. Where will he/she be working and who will be his/her commanding officer e. Why is this person, above all others, qualified for this position, and was any additional search done? f. Physical. Individuals must submit physical exam forms NYG Form 88 (Report of Medical Examination) and NYG Form 93 (Report of Medical History) signed by an examining physician within 30 days of reactivation date. 2. Approvals. The reactivation written request will be forward up through each command level for review, and directed to the next command level with an endorsement either recommending (concur) or not recommending (non concur) reactivation. a. Upon reaching Division Commanders, after review, any action so indicated by comments or endorsement recommending (concur) or not recommending (non concur) will be then be forwarded to the Commander New York Guard b. The Commander of the NYG or his/her designee, upon receiving the written request, will be reviewed and a final approval or disapproval decision will be determined. c. If approved for reactivation, HQ NYG will issue orders stating reactivation date and assignment. 3. Rank. Valid Active Service Time and Reactivation grade. a. The individual reactivated should be cognizant of the facts that time previously spent on the Reserve List cannot be used for time related advancement and/or be considered as fulfilling the time in grade (TIG) requirement unless the individual was already qualified by time previously served while on active status added to current service. b. Individuals recalled from the State reserve list would only be authorized the last official duty grade earned before transfer. III-1

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NYGD 1352 CHAPTER IV RECALL FROM RETIRED LIST

1. Duty. Any commander can request in writing and forward through channels a recall to NYG duty of any individual on the State Retired List (SRtL), stating the following reasons and justification thereof: a. Who is the individual. b. What position will he/she be holding and is he/she holding the correct grade level for that position, positions may not be filled overgrade unless approved by the Commander NYG. (1) Individuals recalled from the SRtL cannot serve as or be appointed in a commander, deputy commander, or chief of staff position or be in the chain of command. (2) Retired members recalled to active duty should be used for a specific project and not to fill a TDA/UMD position unless approved by the Division Commander and endorsed by the Commander NYG. (3) The requestor must list and identify the project(s), TDA/UMD assignment, requested duration, and the results expected for the requested duty. c. When and for what duration does the position need to be filled, is it in a TDA/UMD, and will this position be filled as a permanent or a temporary assignment? Recalled period of service is predicated on a fixed time period, i.e. 30 days, 60 days up to no more than 365 days. (One full year). d. Where will he/she be working and who will be his/her commanding officer e. Why is this person, above all others, qualified for this position, and was any additional search done? f. Physical. Individuals must submit physical exam forms NYG Form 88 (Report of Medical Examination) and NYG Form 93 (Report of Medical History) signed by an examining physician within 30 days of recall date. 2. Approvals. The recall to active duty written request will be forward up through each command level for review, and directed to the next command level with an endorsement either recommending (concur) or not recommending (non concur) reactivation. a. Upon reaching Division Commanders, after review, any action so indicated by comments or endorsement recommending (concur) or not recommending (non concur) will then be forwarded to the Commander New York Guard b. The Commander of the NYG or his/her designee, upon receiving the written request, will be reviewed and a final approval or disapproval decision will be made. IV-1

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c. If approved for recall to NYG duty, HQ NYG will issued orders stating recall date, period of recall, and assignment. 3. Rank. a. The individual recalled should be cognizant of the facts that time previously spent on the Retired List cannot be used for time related advancement and/or be considered as fulfilling any time in grade (TIG) requirement while on recall service. b. Individuals recalled from the State retired list would only be authorized their last official permanent grade earned before transfer. c. The Commander NYG may under special circumstances recall retired individuals in his/her “Brevet” rank which will be so noted and indicated in HQ, NYG recall orders. Recalled individuals are not allowed to wear their “Brevet” ranks while on duty, but may still do so at social events. d. Brevet ranks do not qualify the individual to serve on any board capacity requiring that rank.

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NYGD 1352

Appendix A NEW YORK GUARD REQUEST FOR REACTIVATION / RECALL (PRESCRIBING INSTRUCTIONS IS NYGD 1352 , PROPONENT IS NYSG-J1)

I. PERSONNEL INFORMATION LAST NAME FIRST NAME MIDDLE INITIAL

NYG ID#

GRADE

DATE OF BIRTH Day

HOME ADDRESS, CITY, STATE, ZIP

Month

AGE

Year

STATUS Retired BRANCH ARMY PHYSICAL DATE:

Reserve AIR

Attach Physical exam conducted within last 30 days.

Pursuant to NYS Military Law/NYGD1352 the above named individual requests that he/she be reactivated/recalled to NYG Duty

COMMENCING Day

Month

Year

1

2

PERIOD IN MONTHS (Not To Exceed 12) 3 4 5 6 7 8 9 10

TERMINATING 11

12

Day

Month

Year

ASSIGNMENT—PROJECT—JUSTIFICATION (Use Other Side if Necessary)

PARAGRAPH

LINE

TITLE

SIGNATURE

GRADE RECOMMEND _____(init)

II. UNIT COMMANDER RECOMMENDATION COMMENTS:

ORGANIZATION & ADDRESS

ORGANIZATION & ADDRESS

IV. COMMANDER NYG APPROVAL COMMENTS:

HEADQUARTERS, NEW YORK GUARD 330 OLD NISKAYUNA ROAD LATHAM, NEW YORK 12110-2224

DATE

RECOMMEND _____(init)

DO NOT RECOMMEND _____(init)

SIGNATURE

APPROVED _____(init)

DATE

NOT APPROVED ______(init)

SIGNATURE

DATE

ORDER NUMBER

V. J-1 ACTION ITEM

NYG FORM 1352

DO NOT RECOMMEND _____(init)

SIGNATURE

III. MACOM COMMANDER RECOMMENDATION COMMENTS:

April 2002 A-1

DATE

DATE

NYGD 1352

3 September 2002 NYG Form 1352 - INSTRUCTIONS AND PROCEDURES

I. Personal Information, Name, NYG ID Number, Date Of Birth, Age, Current Home Address, Status (are they State Retired List or on the State Reserve List), Branch (whether Army or Air). Current Physical must have been within the last 30 days prior to recall or reactivation date and must be included as an attached. Period of Recall or Reactivation in Months, not ever to exceed 12 months, Commencing on day and date and to be completed on also Day and Date. Checking off the period of service in months. Assignment, Project, Justification, must be called out in full detail, 1.) Where and 2.) When one is to be assigned, for 3.) What project, and the reasons 4.) Why, and 5.) Who is the requestor? If individual will be filling a TDA/UMD position indicate paragraph and line information. The individual must sign and date the form, this is an indication that they know the scope of duties and time period that are being recalled or reactivated for. II: Unit Commander Recommendation as to whether they recommend or do not recommend, and the comments as to the need for this action. III: MACOM Commander Recommendation as to they recommend or do not recommend, and the comments as to the need and or justification for this action. IV: New York Guard Commander Approval as to approved or not approved, and any comments. This would be the time in the recall action to signify the rank to be worn, especially if the individual was Breveted upon retirement, and more over the grade they will be wearing while in performance of the assignment. V. J-1 Action Item if approved, Order Number and date, which will reflect grade, period and duty assignment.

NOT RECOMMEND Actions and Appeals… Once an individual and/or Unit or MACON Commander starts the process it must continue through, even if at any point in the chain of command it is “ DO NOT RECOMMEND” before reaching the Commander NYG. In a do not recommend action it must fully documented by the Commander as to the reason for disapproval. In this case, the final action by the J1 will be a letter to the individual advising of the disapproval including the level at which it was not recommended or approved. The individual may request an appeal to review why their reactivation was not approved. A board consisting of the NYG IG, the J3 and the J1 will convene to look at the facts and review the reasons. Upon deliberation and appraisal of the records the board will advised the Commander NYG of its findings. It will again be the J1 Office's responsibility to advise the individual of the results (disapproval or recall), based on the final review and approval of the board's findings by the Commander NYG.

NYG FORM 1352 (back)

April 2002 A-2