[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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