[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Rules and Regulations]
[Pages 54301-54303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26039]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 67
[DoD Instruction 1215.aa]
Educational Requirements for Appointment of Reserve Component
Officers to a Grade Above First Lieutenant or Lieutenant (Junior Grade)
agency: Department of Defense.
action: Interim final rule.
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summary: This rule adds criteria by which a post-secondary educational
institution that is not accredited by an agency recognized by the
Secretary of Education can obtain recognition by the Department of
Defense as a qualifying educational institution. This is necessary to
determine those unaccredited educational institutions whose
baccalaureate degrees the Department of Defense will recognize for the
purpose of meeting the military officer educational requirement for
promotion in the Army Reserve, Naval Reserve, Air Force Reserve, or
Marine Corps Reserve, or for federal recognition in the Army National
Guard or Air National Guard.
dates: This rule is effective October 1, 1995. Comments must be
received by December 22, 1995.
addresses: Forward comments to Office of the Assistant Secretary of
Defense for Reserve Affairs, Attn: DASD(M&P), 1500 Defense Pentagon,
Washington, DC 20311-1500.
for further information contact: T. Bush, 703-695-7429.
supplementary information: It has been determined that this amendment
is not a significant regulatory action. It has also been determined
that this amendment is not subject to the Regulatory Flexibility Act
and does not impose any reporting or recordkeeping requirements under
the Paperwork Reduction Act of 1995.
List of Subjects in 32 CFR Part 67
Education, Military personnel.
Accordingly, title 32 of the Code of Federal Regulations, chapter
1, subchapter C, is amended to add part 67 to read as follows:
[[Page 54302]]
PART 67--EDUCATIONAL REQUIREMENTS FOR APPOINTMENT OF RESERVE
COMPONENT OFFICERS TO A GRADE ABOVE FIRST LIEUTENANT OR LIEUTENANT
(JUNIOR GRADE)
Sec.
67.1 Purpose.
67.2 Applicability.
67.3 Definitions.
67.4 Policy.
67.5 Responsibilities.
67.6 Procedures.
Authority: 10 U.S.C. 12205.
Sec. 67.1 Purpose.
This part implements policy, assigns responsibilities, and
prescribes procedures under 10 U.S.C. 12205 for determining educational
institutions that award baccalaureate degrees that satisfy the
educational requirement for appointment of officers to a grade above
First Lieutenant in the Army Reserve, Air Force Reserve, and Marine
Corps Reserve, or Lieutenant (Junior Grade) in the Naval Reserve, or
for officers to be federally recognized in a grade above First
Lieutenant as a member of the Army National Guard or Air National
Guard.
Sec. 67.2 Applicability.
This part applies to the Office of the Secretary of Defense, and
the Military Departments. The term ``Military Department,'' as used
herein, refers to the Departments of the Army, the Navy, and the Air
Force. The term ``Reserve components'' refers to the Army Reserve, Army
National Guard of the United States, Air Force Reserve, Air National
Guard of the United States, Naval Reserve, and Marine Corps Reserve.
Sec. 67.3 Definitions.
(a) Accredited educational institution. An educational institution
accredited by an agency recognized by the Secretary of Education.
(b) Qualifying educational institution. An educational institution
that is accredited, or an unaccredited educational institution that the
Secretary of Defense designates pursuant to Sec. 67.5 (a) and (b).
(c) Unaccredited educational institution. An educational
institution not accredited by an agency recognized by the Secretary of
Education.
Sec. 67.4 Policy.
(a) It is Department of Defense policy under 10 U.S.C. 12205 to
require Reserve component officers to have been awarded at least a
baccalaureate degree from a qualifying educational institution before
appointment to a grade above First Lieutenant in the Army Reserve, Air
Force Reserve or Marine Corps Reserve, or Lieutenant (Junior Grade) in
the Naval Reserve, or for officers to be federally recognized in a
grade above First Lieutenant as a member of the Army National Guard or
Air National Guard.
(b) Exempt from this policy is any officer who was:
(1) Appointed to or recognized in a higher grade for service in a
health profession for which a baccalaureate degree is not a condition
of original appointment or assignment.
(2) Appointed in the Naval Reserve or Marine Corps Reserve as a
limited duty officer.
(3) Appointed in the Naval Reserve for service under the Naval
Aviation Cadet (NAVCAD) program.
(4) Appointed to or recognized in a higher grade if appointed to,
or federally recognized in, the grade of captain or, in the case of the
Navy, lieutenant before October 1, 1995.
(5) Recognized in the grade of captain or major in the Alaska Army
National Guard, who resides permanently at a location in Alaska that is
more than 50 miles from each of the cities of Anchorage, Fairbanks, and
Juneau, Alaska, by paved road, and who is serving in a Scout unit or a
Scout support unit.
(c) The Department of Defense will designate an unaccredited
educational institution as a qualifying educational institution for the
purpose of meeting this educational requirement if that institution
meets the criteria established in this part.
Sec. 67.5 Responsibilities.
(a) The Assistant Secretary of Defense for Reserve Affairs, under
the Under Secretary of Defense for Personnel and Readiness, shall:
(1) Establish procedures in which an unaccredited educational
institution can apply for DoD designation as a qualifying educational
institution.
(2) Publish in the Federal Register DoD requirements and procedures
for an unaccredited educational institution to apply for designation as
a qualifying educational institution.
(3) Annually, provide to the Secretaries of the Military Department
a list of those unaccredited educational institutions that have been
approved by the Department of Defense as a qualifying educational
institution. This list shall include the year or years for which
unaccredited educational institutions are designated as qualifying
educational institutions.
(b) The Secretaries of the Military Departments shall establish
procedures to ensure that after September 30, 1995, those Reserve
component officers selected for appointment to a grade above First
Lieutenant in the Army Reserve, Air Force Reserve or Marine Corps
Reserve, or Lieutenant (Junior Grade) in the Naval Reserve, or for
officers to be federally recognized in a grade above First Lieutenant
as a member of the Army National Guard or Air National Guard, who are
required to hold a baccalaureate degree, were awarded their degree
before appointment to the next higher grade. For a degree from an
unaccredited educational institution that has been recognized as a
qualifying educational institution by the Department of Defense to
satisfy this educational requirements of 10 U.S.C. 12205, the degree
must not have been awarded more than three years before the date the
officer is to be appointed, or federally recognized, in the grade of
Captain or above in the Army Reserve, Army National Guard, Air Force
Reserve, Air National Guard, or Marine Corps Reserve, or in the grade
of Lieutenant or above in the Naval Reserve.
Sec. 67.6 Procedures.
(a) An unaccredited educational institution may obtain designation
as a qualifying educational institution for a specific Reserve
component officer who graduated from that educational institution by
providing certification from registrars at three accredited educational
institutions that maintain ROTC programs that their educational
institutions would accept at least 90 percent of the credit hours
earned by that officer at the unaccredited educational institution, as
of the year of graduation.
(b) For an unaccredited educational institution to be designated as
a qualifying educational institution for a specific year, that
educational institution must provide the Office of the Assistant
Secretary of Defense for Reserve Affairs certification from the
registrars at three different accredited educational institutions that
maintain ROTC programs listing the major field(s) of study in which
those educational institutions would accept at least 90 percent of the
credit hours earned by a student who was awarded a baccalaureate degree
in that major field of study at the unaccredited educational
institution.
(c) For an unaccredited educational institution to be considered
for designation as a qualifying educational institution, the
unaccredited educational institution must submit the required
documentation no later than January 1 of the year for which the
[[Page 54303]]
unaccredited educational institution seeks to be designated a
qualifying educational institution.
(d) The required documentation must be sent to the following
address: Office of the Assistant Secretary of Defense for Reserve
Affairs, Attn: DASD(M&P), 1500 Defense Pentagon, Washington, DC 20301-
1500.
(e) Applications containing the required documentation may also be
submitted at any time from unaccredited educational institutions
requesting designation as qualifying educational institutions for prior
school years.
Dated: October 16, 1995.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-26039 Filed 10-20-95; 8:45 am]
BILLING CODE 5000-04-M
