Guidance for Managing Key Employee Reservists During the Current Partial Mobilization
This MARADMIN establishes procedures for employers to request exemptions from mobilization for Marine reservists who hold critical civilian positions related to national defense, homeland security, or emergency preparedness during the current partial mobilization. Requests must be employer-generated (not by the Marine), submitted to the Under Secretary of Defense for Personnel and Readiness, and will only be considered for reservists who have been identified for or notified of impending involuntary active duty call-up.
Issued: March 14, 2003
1. PURPOSE. THIS MARADMIN PROMULGATES PROCEDURES FOR REQUESTS FOR KEY EMPLOYEE DESIGNATION DURING THE CURRENT PARTIAL MOBILIZATION. 2. BACKGROUND. PER REF (A), NORMALLY UPON THE DECLARATION OF A MOBILIZATION, ALL ACTIONS RELATED TO THE SCREENING OF READY RESERVE (SMCR UNITS, IMAS, IRR) MEMBERS CEASE, AND NO DEFERMENT, DELAY, OR EXEMPTION FROM MOBILIZATION SHALL BE GRANTED ON THE BASIS OF CIVILIAN EMPLOYMENT OF A RESERVE MEMBER. HOWEVER, DUE TO THE UNIQUE SITUATION CREATED BY THE EVENTS OF 9-11, THE DOD POLICY IN REF (B) CREATED A MEANS TO CONSIDER SPECIAL CASE EXEMPTIONS OF CERTAIN READY RESERVE MEMBERS BECAUSE OF THEIR CIVILIAN EMPLOYMENT. 3. POLICY. A. FEDERAL, STATE, AND LOCAL GOVT AGENCIES AND CIVILIAN ORGANIZATIONS EMPLOYING RESERVE MEMBERS MAY IDENTIFY THOSE POSITIONS FILLED BY MEMBERS OF THE READY RESERVE THAT ARE DEEMED CRITICAL UNDER THE CURRENT NATIONAL EMERGENCY. B. THE FOLLOWING CRITERIA WILL BE USED TO ASSESS THE CRITICAL NATURE OF AN EMPLOYMENT POSITION. (1) LIKELIHOOD THAT THE POSITION CANNOT BE FILLED IN A REASONABLE TIME. (2) REQUIRED TECHNICAL OR MANAGERIAL SKILLS POSSESSED UNIQUELY BY THE ACTIVATED MEMBER. (3) EXTENT THAT THE POSITION IS RELATED TO DEFENSE MOBILIZATION/HOMELAND DEFENSE. (4) EXTENT THAT THE POSITION IS RELATED TO EMERGENCY OR NATIONAL DEFENSE INDUSTRIAL RESOURCE PREPAREDNESS RESPONSIBILITIES. (5) OTHER FACTORS RELATED TO NATIONAL DEFENSE, HEALTH, OR SAFETY THAT WILL MAKE THE ACTIVATED MARINE UNAVAILABLE FOR MOBILIZATION. 4. SUBMISSION PROCEDURES. PER REF B, REQUESTS FOR DELAY, DEFERMENT, OR EXEMPTION (BASED ON CRITICAL NATURE OF THE CIVILIAN POSITION) WILL ONLY BE ACCEPTED IF A MEMBER HAS BEEN IDENTIFIED FOR, OR ADVISED OF AN IMPENDING INVOLUNTARY CALL TO ACTIVE DUTY. THE REQUEST MUST BE GENERATED BY THE EMPLOYER AND NOT THE MARINE. A. FORMAT. (1) REQUESTS SHOULD BE ADDRESSED TO: UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS (USD/P&R) 4000 DEFENSE, PENTAGON WASHINGTON, DC 20301-4000 (2) REQUESTS MUST BE SIGNED BY THE HEAD/DESIGNATED REPRESENTATIVE OF THE AGENCY/ORGANIZATION AND MUST INCLUDE: (A) AN EXPLANATION AS TO WHY THE AGENCY IS REQUESTING A MOBILIZATION DELAY OR EXEMPTION, INCLUDING THE UNIQUENESS OF THE CURRENT SITUATION. (B) TIME PERIOD OF EXEMPTION OR DELAY. (C) INDIVIDUAL'S FULL NAME AND SOCIAL SECURITY NUMBER, RESERVE COMPONENT AND STATUS (SMCR UNIT, IMA, IRR). (D) UNIT OF ASSIGNMENT, LOCATION AND MILITARY POSITION (IF APPLICABLE). (E) AGENCY/ORGANIZATION NAME, TELEPHONE NUMBER, AND E-MAIL ADDRESS OF DESIGNATED POC. B. REQUESTS FOR MORE THAN ONE RESERVE MEMBER CAN INCLUDE A COVER LETTER WITH THE ABOVE INFORMATION AS AN ATTACHMENT IF REQUIRED. C. THE SIGNED REQUEST CAN BE EMAILED TO USD (P&R) POCS: DAN.KOHNER@OSD.MIL, BARRON.NESSELRODE@OSD.MIL, OR LARRY JONES@OSD.MIL, OR FAX TO (703) 695-3659. THIS ALLOWS DISTRIBUTION AND PROCESSING VIA ELECTRONIC MEDIA WHILE AWAITING THE ORIGINAL SIGNED REQUEST. D. ADJUDICATION OF REQUESTS. USD P&R WILL FORWARD REQUESTS INVOLVING MARINE RESERVISTS TO CMC (RA) FOR A RECOMMENDATION. CMC (RA) WILL COORDINATE WITH CMC (MP) OR MARFORRES TO MAKE A RECOMMENDATION FOR APPROVAL OR DENIAL OF THE REQUEST. THE CMC RECOMMENDATION WILL BE BASED ON AN EVALUATION OF THE CRITERIA OUTLINED IN PARA. 3B, THE CRITICAL NATURE OF THE RESERVIST'S ANTICIPATED MOBILIZATION DUTIES, AND THE ABILITY OF THE MARINE CORPS TO ACCOMMODATE THE REQUEST. (1) ONCE USD P&R MAKES A FINAL DETERMINATION, THE EMPLOYER AND CMC (RA) WILL BE NOTIFIED. CMC (RA) WILL NOTIFY MARFORRES OR CMC (MP) AS APPROPRIATE. IF A REQUEST IS DENIED, THE MARINE WILL BE MOBILIZED; IF GRANTED, THE MARINE WILL BE TRANSFERRED TO THE STANDBY RESERVE, RETIRED RESERVE, OR DISCHARGED AS APPROPRIATE. (2) MARINES ARE RESPONSIBLE FOR INFORMING THEIR CHAIN OF COMMAND THAT THEIR EMPLOYER IS REQUESTING AN EXEMPTION FROM MOBILIZATION. THE MARINE SHOULD ALSO REQUEST A DELAY PER REF C, WHILE AWAITING FINAL ADJUDICATION OF THE EMPLOYER'S REQUEST FOR MOBILIZATION EXEMPTION. 5. SUMMARY. THE PROCEDURES OUTLINED ABOVE ARE INTENDED TO ACCOMMODATE UNIQUE SITUATIONS WHERE A RESERVE MEMBER MAY BE SERVING IN A NATIONAL DEFENSE, MOBILIZATION SUPPORT OR HOMELAND DEFENSE/SECURITY POSITION IN A GOVERNMENT OR CIVILIAN CAPACITY. CMC WILL RECOMMEND DISAPPROVAL OF REQUESTS THAT DO NOT MEET THIS CRITERIA.