Off-Duty Reservists

[tmonteit]

What is the name of your state (only U.S. law)? Colorado

To what extent are the activities of off-duty Guardsmen and Reservists regulated?

Would any regulation prevent prevent an off-duty reservist from participating in a Research Study? If so, what regulation, and who has the authority to waive it?

Thanks,

T

[ERAUPIKE]

Originally Posted by tmonteit

What is the name of your state (only U.S. law)? Colorado

To what extent are the activities of off-duty Guardsmen and Reservists regulated?

Would any regulation prevent prevent an off-duty reservist from participating in a Research Study? If so, what regulation, and who has the authority to waive it?

Thanks,

T

It would probably depend on the type of research being conducted. Providing more details in your question will result in more details in your answer.

[tmonteit]

The experiment test the effectiveness of new automated equipment in simulated combat conditions. The Off-Duty Guardsmen and reservists would participate as if they are members of an infantry squad. They would both both with and without the automated equipment. Combat is simulated using paintball field.

A Key Stakeholder believes that Off-Duty guardsmen/reservists cannot participate because it may somehow interfere of impede their duties. Coercion may somehow be involved. In his opinion, the fact that participants are members of the Guard/Reserve precludes them from participation. In our opinion, there is no restriction. There is not even the slightest association of research to any official duties. It is all off duty time coordinated using off-duty means.

This is similar to the situation: Who could tell a reservist they can not have a full time job at the pickle factory? Do reservists have a right to earn a living on their own accord and on their own arrangements? Does the DoD/Army have any (at all) jurisdiction?

We have been asked to provide explicit written legal determination that there is no regulation that governs a reservists time off duty. What is the letter of the law with respect to this situation?

T

[ERAUPIKE]

Originally Posted by tmonteit

The experiment test the effectiveness of new automated equipment in simulated combat conditions. The Off-Duty Guardsmen and reservists would participate as if they are members of an infantry squad. They would both both with and without the automated equipment. Combat is simulated using paintball field.

A Key Stakeholder believes that Off-Duty guardsmen/reservists cannot participate because it may somehow interfere of impede their duties. Coercion may somehow be involved. In his opinion, the fact that participants are members of the Guard/Reserve precludes them from participation. In our opinion, there is no restriction. There is not even the slightest association of research to any official duties. It is all off duty time coordinated using off-duty means.

This is similar to the situation: Who could tell a reservist they can not have a full time job at the pickle factory? Do reservists have a right to earn a living on their own accord and on their own arrangements? Does the DoD/Army have any (at all) jurisdiction?

We have been asked to provide explicit written legal determination that there is no regulation that governs a reservists time off duty. What is the letter of the law with respect to this situation?

T

Army Regulation NO- 70-25 covers the use of personnel for Department of the Army research. AR 600-50 may have some content that will be useful as well. Good luck.