[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