[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7354]
[[Page Unknown]]
[Federal Register: March 29, 1994]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 88
[DoD Directive 1332.35]
Transition Assistance For Military Personnel
AGENCY: Department of Defense.
ACTION: Final rule.
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SUMMARY: This final rule establishes guidelines for the operation of
the Department of Defense (DoD) Transition Assistance Program (TAP) for
military personnel who are being discharged, released from active duty
or retired, and their families. The purpose of the TAP is to prepare
separating Service members and their families with the skills, tools,
and self-confidence necessary to ensure successful reentry into the
Nation's civilian work force. The final rule is required to implement
the program established in section 502 of the National Defense
Authorization Act For Fiscal Year 1991, as amended. This rule provides
general guidance on TAP, states eligibility criteria for Service
members to participate in TAP, designates DoD offices to administer
TAP, and briefly outlines the TAP services and benefits available.
EFFECTIVE DATE: This rule is effective December 9, 1993.
FOR FURTHER INFORMATION CONTACT:
Lt. Col. David F. Witkowski (703) 695-1636.
SUPPLEMENTARY INFORMATION: This rule is published in order to describe
the organizational responsibilities within DoD for the TAP and to state
the general policy of DoD with respect to the TAP.
It has been certified that 32 CFR part 88 is not a significant
rule. The rule does not:
(a) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a section of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
(b) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency.
(c) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof.
(d) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866.
(e) Become subject to the Regulatory Flexibility Act (5 U.S.C. 601)
because it is not likely to have a significant economic impact on a
substantial number of small entities. The primary effect of this rule
will be the establishment of guidelines for operation of a transition
assistance program for Service members affected by the drawdown of
military personnel in the Department of Defense.
(f) Impose any reporting or record keeping requirements under the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3250).
List of Subjects in 32 CFR Part 88
Employment, Military personnel.
Accordingly, title 32, chapter I, subchapter C, is amended to add
part 88 to read as follows:
PART 88--TRANSITION ASSISTANCE FOR MILITARY PERSONNEL
Sec.
88.1 Purpose.
88.2 Applicability and scope.
88.3 Definitions.
88.4 Policy.
88.5 Responsibilities.
88.6 Information requirements.
Authority: 10 U.S.C. chapter 58.
Sec. 88.1 Purpose.
(a) This part supersedes the Assistant Secretary of Defense For
Force Management and Personnel memorandum,\1\ ``Policy Changes For
Transition Assistance Initiatives,'' June 7, 1991, establishes policy,
and assigns responsibilities for transition assistance programs for
active duty military personnel and their families.
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\1\Copies may be obtained, at cost, from the Directorate of
Transition Support and Services, Office of the Assistant Secretary
of Defense for Personnel and Readiness, 4000 Defense Pentagon,
Washington, DC 20301-4000.
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(b) Implements transition assistance programs for DoD military
personnel and their families as outlined in section 502, Public Law
101-510; section 661 and section 662, Public Law 102-190, and sections
4401-4501, Public Law 102-484.
Sec. 88.2 Applicability and scope.
This part applies to: (a) The Office of the Secretary of Defense,
the Military Departments, the Chairman of the Joint Chiefs of Staff,
the Unified Combatant Commands, and the Defense Agencies (hereafter
referred to collectively as ``the DoD Components''). The term
``Military Services,'' as used herein, refers to the Army, the Navy,
the Air Force, and the Marine Corps.
(b) All active duty Service members and their families.
Sec. 88.3 Definitions.
(a) Involuntary separation. A member of the Military Service shall
be considered to be involuntarily separated if he or she was on active
duty or full-time National Guard duty on September 30, 1990 and:
(1) In the case of a Regular officer (other than a retired
officer), he or she was involuntarily discharged under other than
adverse conditions, as characterized by the Secretary of the separating
Service member's Military Department. Discharge under adverse
conditions is determined by referring to the reason for separation as
well as the officer's service, as outlined in Department of Defense
Directive 1332.30.\2\
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\2\Copies may be obtained, at cost, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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(2) In the case of a Reserve officer who is on the active duty list
or, if not on the active duty list, is on full-time active duty (or in
the case of a member of the National Guard, full time National Guard
duty) for the purpose of organizing, administering, recruiting,
instructing, or training the Reserve components, he or she is
involuntarily discharged or released from active duty or full-time
National Guard duty (other than a release from active duty or full-time
National Guard duty incident to a transfer to retired status) under
other than adverse conditions as characterized by the Secretary of the
separating Service member's Military Department. Discharge under
adverse conditions is determined by referring to the reason for
separation as well as the officer's service, as outlined in Department
of Defense Directive 1332.30.
(3) In the case of a Regular enlisted member serving on active
duty, he or she is denied reenlistment or involuntarily discharged
under other than adverse conditions, as characterized by the Secretary
of the separating Service member's Military Department. Discharge under
adverse conditions is determined by referring to the reason for
separation as well as the enlisted member's service, as outlined in
Department of Defense Directive 1332.14.\3\
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\3\See footnote 2 to section 88.3(a)(1).
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(4) In the case of a Reserve enlisted member who is on full-time
active duty (or in the case of a member of the National Guard, full-
time National Guard duty) for the purpose of organizing, administering,
recruiting, instructing, or training the Reserve components, he or she
is denied reenlistment or is involuntarily discharged or released from
active duty (or full-time National Guard duty) under other than adverse
conditions as determined by referring to the reason for separation as
well as the enlisted member's service, as outlined in Department of
Defense Directive 1332.14.
(b) Separation entitlements. Benefits provided to Service members
being involuntarily separated on or before September 30, 1995 as
defined in paragraphs (a)(1) through (a)(4) of this section, and their
families. Benefits provided to Service members being separated under
the Special Separation Benefit or Voluntary Separation Incentive on or
before September 30, 1995, as defined in paragraph (c) of this section
and their families. These benefits include: Training opportunities
under the Job Training Partnership Act as described in section 4465 of
Public Law 102-484; priority affiliation with the National Guard and
Reserve, as described in section 502(a)(1) of Public Law 101-510, as
amended; enrolled in the All-Volunteer Force Educational Assistance
Program (``Montgomery G.I. Bill''), as described in section 4404 of
Public Law 102-484; extended medical and dental care, as described in
section 502(a)(1) of Public Law 101-510, as amended, and sections 4407
and 4408 of Public Law 102-484; continued use of military family
housing as described in section 502 (a)(1) of Public Law 101-510, as
amended (subject to Status of Forces Agreements overseas); extended and
commissary privileges as detailed in section 502(a)(1) of Public Law
101-510, as amended (subject to Status of Forces Agreements overseas);
travel and transportation allowances, as detailed in section 503 of
Public Law No. 101-510, as amended; continuation of enrollment in
Department of Defense Dependents Schools as detailed in section 504 of
Public Law 101-510, as amended (subject to Status of Forces Agreements
overseas.)
(c) Special separation benefit and voluntary separation incentive.
Voluntary separation programs established in section 661 and section
662 of Public Law 102-190, as amended. Service members separated under
these programs are eligible for both transition services and separation
entitlements outlined in paragraphs (b) and (d) of this section.
(d) Transition services. Preseparation counseling, individual
transition planning, employment assistance, excess leave and permissive
temporary duty, and relocation assistance for personnel overseas as
described in section 502 (a)(1) of Public Law 101-510, as amended.
Sec. 88.4 Policy.
It is DoD policy that: (a) Transition assistance programs prepare
separating Service members and their families with the skills, tools,
and self-confidence necessary to ensure successful reentry into the
Nation's civilian work force.
(b) Transition assistance programs be designed to complete the
military personnel ``life cycle.'' This cycle begins with the Service
member's recruitment from the civilian sector, continues with training
and sustainment throughout a Service members's active service in the
Armed Forces, and ends when the Service member returns to the civilian
sector.
(c) Transition assistance programs include: (1) Transition service
as defined in )88.3 (d) to be provided to Service members and their
families for up to 90 days after separation, space and work load
permitting.
(2) Separation entitlements as defined in Sec. 88.3 (b) for Service
members who are involuntarily separating as defined in Sec. 99.3 (a) or
separating under the Voluntary Separation Incentive or Special
Separation Benefit Programs as defined in Sec. 88.3 (c).
(d) Service members from one Service shall not restricted from
participating in another Service's transition assistance program unless
workload or other unusual circumstances dictate. Every effort will be
made to accommodate all eligible personnel, especially if referral to
another transition site will require the Service member to travel a
long distance and incur significant expense.
(f) When being discharged, released from active duty, or retiring
(hereafter referred to as ``separating Service members''), Service
members and their families bear primary responsibility for their
successful transition into the civilian sector.
(g) Spouses shall be encouraged to participate in transition
planning and counseling to the maximum extent possible.
(h) Enhanced transition programs shall be established for Service
members and their families who are overseas to help alleviate the
special difficulties overseas personnel encounter when job and house
hunting.
(i) Installations in the United States shall give priority
transition assistance to personnel who recently returned from overseas.
Sec. 88.5 Responsibilities.
(a) The Assistant Secretary of Defense for Personnel and Readiness
shall; (1) Issue guidance on transition assistance programs for Service
members and their families, as necessary.
(2) Coordinate, as necessary, within the Department of Defense to
ensure the availability of high quality, equitable, and cost-effective
transition programs among the Military Services.
(3) Coordinate with and seek the assistance of the Departments of
Labor and Veterans Affairs, and other Federal Agencies to facilitate
delivery of high quality transition assistance programs to separating
Service members.
(4) Evaluate the level of resources needed to deliver quality
transition programs and facilitate efforts to obtain these resources.
(5) Monitor and evaluate the overall effectiveness of transition
assistance programs.
(6) Coordinate with theater commanders, though the Chairman of the
Joint Chiefs of Staff, on transition assistance programs (job fairs and
training conferences, for example) impacting overseas Unified Combatant
Commands.
(7) Establish the Department of Defense Service Member Transition
Assistance Coordinating Committee, consisting of representatives from
the Military Services and Assistant Secretary of Defense for Personnel
and Readiness. The purpose of this committee is to provide DoD-level
direction and coordination for transition assistance programs.
(8) Collect data to determine systematically the degree to which
transition assistance programs satisfy the needs of transitioning
Service members and their families.
(9) Review, modify, and reissue policy guidance, as required.
(b) The Assistant Secretary of Defense for Reserve Affairs shall
establish and publish guidance on transition assistance programs for
Reserve personnel and their families.
(c) The Assistant Secretary of Defense for Health Affairs shall
establish guidance on transitional medical and dental care, including
health insurance and preexisting conditions coverage, for Service
members and their families.
(d) The Secretaries of the Military Departments shall ensure
compliance with the criteria in Public Law 101-510, 102-190, and 102-
484, as amended, and the following provisions:
(1) Preparation counseling shall be available no later than 90 days
before separation to all separating Service members.
(2) High quality transition counseling and employment assistance
programs are established on military facilities with more than 500
Service members permanently assigned or serving at that installation.
(3) The participation of separating Service members in transition
assistance programs shall be coordinated with mission requirements.
(4) Transition assistance programs are allocated the resources
necessary to delivery quality transition assistance programs.
(5) The Military Services are represented on the Department of
Defense Service Member Transition Assistance Coordinating Committee.
Each of the Military Services may invite an installations-level
transition manager to participate.
(6) Quarterly reports on the status of transition programs are
submitted to the Assistant Secretary of Defense for Personnel and
Readiness beginning the second quarter after this publication is
published, and continuing each quarter until cancellation of this part.
(7) The Inspector General of each Military Service shall review and
report compliance with Sec. 88.5(d)(1) through (d)(6) to the Service
Secretary, on an annual basis, due no later than January 31 of the next
calendar year.
Sec. 88.6 Information requirements.
The quarterly report requirement in Sec. 88.5(d)(6) has been
assigned Report Control Symbol DD-P&R(Q) 1927.
Dated: March 24, 1994.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-7354 Filed 3-28-94; 8:45 am]
BILLING CODE 5000-04-M
