[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Rules and Regulations]
[Pages 55516-55518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28355]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 67

[DoD Instruction 1215.17]


Educational Requirements for Appointment of Reserve Component 
Officers to a Grade Above First Lieutenant or Lieutenant (Junior Grade)

AGENCY: Department of Defense.

ACTION: Final rule.

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SUMMARY: Publishes DoD guidelines for implementing policy, assigns 
responsibilities, and prescribes procedures for identifying criteria 
for determining educational institutions which award baccalaureate 
degrees that satisfy the educational requirement 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 the Air 
National Guard.

EFFECTIVE DATE: This rule is effective October 27, 1997.

FOR FURTHER INFORMATION CONTACT: Colonel Rowan W. Bronson, OASD/RA 
(M&P), (703) 693-7490.

SUPPLEMENTARY INFORMATION: It has been determined that this amendment 
is not a significant regulatory action. This final rule does not:
    (1) 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 of 
communities.
    (2) Subject to the Regulatory Flexibility Act and does not impose 
any reporting or recordkeeping requirements under the Paperwork 
Reduction Act of 1980.
    (3) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency.

[[Page 55517]]

    (4) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations or 
recipients thereof; or
    (5) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Public Law 96-354, ``Regulatory Flexibility Act '' (5 U.S.C. 601)

    It has been determined that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on substantial numbers 
of small entities. The law identifies criteria for determining 
educational institutions which 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 the Air 
National Guard.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 
35)

    It has been determined that this part does not impose any reporting 
or recordkeeping requirements on the public under the Paperwork 
Reduction Act of 1995.

List of Subjects in 32 CFR Part 67

    Armed forces reserves, Education.

    Accordingly, title 32 CFR part 67 is revised to read as follows:

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 provides guidance for implementing policy, assigns 
responsibilities, and prescribes under 10 U.S.C. 12205 for identifying 
criteria for determining educational institutions that award 
baccalaureate degrees which 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 level 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 Chairman of the Joint Chiefs or Staff; 
and the Defense Agencies referred to collectively in this part as the 
``DoD Components''). The term ``Military Departments,'' as used in this 
part, refers to the Departments of the Army, the Navy, and the Air 
Force. The term ``Secretary concerned'' refers to the Secretaries of 
the Military Departments. The term ``Military Services'' refers to the 
Army, the Navy, the Air Force, the Marine Corps. 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, Marine Corps Reserve.


Sec. 67.3  Definitions.

    Accredited educational institution. An educational institution 
accredited by an agency recognized by the Secretary of Education.
    Qualifying educational institution. An educational institution that 
is accredited, or an unaccredited educational institution that the 
Secretary of Defense designates pursuant to Sec. 67.6(a) and 
Sec. 67.6(b).
    Unaccredited educational institution. An educational institution 
not accredited by an agency recognized by the Secretary of Education.


Sec. 67.4  Policy

    (a) It is DoD policy under 10 U.S.C. 12205 to require Reserve 
component officers to have 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 or the Seaman to Admiral 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 by 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 education institution.
    (3) Annually, provide to the Secretaries of the Military 
Departments 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 designed 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 a baccalaureate 
degree from a qualifying educational institution before appointment to 
the next higher grade. For a degree from an unaccredited educational 
institution that has been

[[Page 55518]]

recognized as qualifying educational institution by the Department of 
Defense to satisfy the educational requirements of 10 U.S.C. 12205, the 
degree must not have been awarded more than 8 years before the date the 
officer is to be appointed, or federally recognized, in the grade of 
Captain in the Army Reserve, Army National Guard, Air Force Reserve, 
Air National Guard, or Marine Corps Reserve, or in the grade of 
Lieutenant 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 
that educational institution 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 
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 a qualifying educational institution for 
prior school years.

    Dated: October 20, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-28355 Filed 10-24-97; 8:45 am]
BILLING CODE 5000-04-M