[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)] [Proposed Rules] [Pages 63485-63488] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-31347] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Air Force 32 CFR Part 901 RIN 0701-AA58 Appointment to the United States Air Force Academy AGENCY: Department of the Air Force, Department of Defense. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Department of the Air Force proposes to revise its regulation on processing nominations and appointments to the United States Air Force Academy (USAFA). The proposed revision changes admission age limit from 22 to 23, service obligation from 6 to 5 years, USAFA/OL-C to USAFA/RRA, changes high school AFJROTC unit into high school Honor AFJROTC unit and adds Northern Mariana Islands as a nominating source. DATES: Comments must be received no later than January 30, 1998. ADDRESSES: Comments should be submitted to HQ USAFA/RRA, 1040 Air Force Pentagon, Washington, DC 20330-1040. FOR FURTHER INFORMATION CONTACT: Ms. Judith McCann, (703) 697-7116. SUPPLEMENTARY INFORMATION: The Department of the Air Force proposes to revise 32 CFR Part 901 to reflect current policies. Part 901 is the Air Force guidance on processing nominations and appointments to the United States Air Force Academy (USAFA). This process directs collecting and maintaining information subject to the Privacy Act of 1974 authorized by Title 10, U.S.C., Chapter 903 and Title 10, U.S.C., Chapter 8013. It implements DoD Directive 1322.22, August 24, 1994. This proposed rule, Air Force Instruction (AFI) 36-2019, revises and replaces AFI 36-2019, Appointment to the United States Air Force Academy, May 16, 1994, and Air Force Regulation 53-10, Appointment to the United States Air Force Academy, October 22, 1985. List of Subjects in 32 CFR 901 Military academies. For the reason stated in the preamble, the United States Air Force proposes to revise, 32 CFR part 901 as follows: PART 901--APPOINTMENT TO THE UNITED STATES AIR FORCE ACADEMY Sec. 901.0 Purpose. 901.1 Responsibilities. 901.2 Nominations and appointments. 901.3 Obligation of appointees. 901.4 Forms Prescribed. Attachment 1 to Part 901--Eligibility Requirements for U.S. Air Force Academy Applicants Attachment 2 to Part 901--Academy Nomination Categories Attachment 3 to Part 901--Nomination Methods Attachment 4 to Part 901--Appointment Vacancy Selection Attachment 5 to Part 901--Appointee Obligations Authority: 10 U.S.C., Chapter 903, and 10 U.S.C., 8013, except as otherwise noted. Sec. 901.0 Purpose. It provides instructions to Air Force members to process nominations and appointments to the United States Air Force Academy (USAFA). This instruction directs collecting and maintaining information subject to the Privacy Act of 1974 authorized by Title 10, United States Code, Chapter 903 and Title 10, United States Code, Section 8013. System of Records F036 AFDPB, Air Force appointment, Separation records applies. Sec. 901.1 Responsibilities. The USAFA offers cadet appointments to candidates with the strongest potential to become successful career officers. USAFA offers appointments according to law and HQ USAF guidance. The President may appoint candidates to become cadets; however, appointments are conditional until the candidates enter the Academy. (a) HQ USAFA/RRS evaluates applications as an initial step in the appointment process and as an aid to Members of Congress in screening their applicants for nomination. (b) As part of the appointment process HQ USAFA/RRS will: (1) Send each applicant a packet, with a request for the academic, athletic, leadership, and background information. (2) Evaluate the application information and provide an analysis to appropriate congressional offices. This report indicates the applicant's potential to qualify for admission and assists Members of the Congress in selecting the best-qualified applicants for nomination. (3) Advise qualified applicants to seek a nomination. Inform and encourage individuals whose evaluations reflect areas needing improvement to submit additional test scores or information in an effort to improve their qualifications. (4) Schedule qualified applicants for a medical examination through the Department of Defense Medical Examination Review Board (DoDMERB) for military service eligibility. DoDMERB will notify the student directly of his or her medical status. Sec. 901.2 Nominations and appointments. (a) Eligibility and Nomination Categories. Statutory authority for nominations and appointments is Title 10, U.S.C., Chapter 903. (1) Eligibility requirements for potential candidates are at attachment 1 to this part. (2) Specific authorities may nominate eligible applicants for appointment vacancies. (3) Each applicant must obtain a nomination in order to receive an appointment. Applicants may apply for a nomination in each category in which they are eligible. Nomination categories are at attachment 2 to this part. (b) Notice of Nomination. The Associate Director of Admissions (HQ USAFA/RRS) acknowledges receipt of all nominations (see attachment 3 to this part). (1) If a nominee is not in the Academy system, HQ USAFA/RRS will forward an application to the nominee. (2) HQ USAFA/RRS will send a candidate kit to all applicants or nominees with qualifying potential for either the Academy or the USAFA Preparatory School. (c) Appointment Selection. (1) HQ USAFA/RRS will notify HQ USAFA/RRA, of all candidates selected for appointment (see attachment 4 to this part). (2) To bring the Cadet Wing up to full strength, HQ USAFA/RRS may offer additional appointments from the qualified alternate pool. (i) The first 150 appointments must come from individuals having nominations from Members of Congress. (ii) Thereafter, three of every four additional appointments must come [[Page 63486]] from individuals having nominations from the Vice President, Members of the Congress, and U.S. possessions categories. (3) If any of the annual quotas of cadets authorized in the Regular Airman, Reserve Airman, or Presidential nomination categories are not filled, HQ USAFA/RRS may offer appointments to candidates from the other two categories to fill the vacancies on a best-qualified basis. (4) HQ USAFA/RRA, notifies Members of Congress and the Vice President of all offers of appointment from their nominees. After HQ USAFA/RRA notifies the congressional and Vice Presidential nomination sources and advises HQ USAFA/RRS of this notification, HQ USAFA/RRS will notify each appointee by letter, enclosing a USAFA Form 0-28, Acceptance Declination Certificate. (5) On receipt of an acceptance statement for each unconditional offer of appointment, HQ USAFA/RRS forwards pertinent information from the completed candidate file to Cadet Examinations and Records (HQ USAFA/DFRR). (6) HQ USAFA/RRS will hold accepted conditional offers of appointment until the conditional factor is resolved. (i) HQ USAFA/RRS will then notify HQ USAFA/RRA of conditional status removal (from the offer of appointment) for notification of the nominating sources. (ii) If the conditional status of appointment is not removed, HQ USAFA/RRS will notify HQ USAFA/RRA, who will in turn notify the applicable nominating sources of the withdrawal of the appointment. (7) HQ USAFA/RRS completes appointment processing by: (i) Forwarding an appointment kit which includes detailed reporting instructions to each appointee. (ii) Arranging for the appointees' travel or by issuing invitation to travel orders. (iii) Notifying the Directorate of Cadet Personnel (HQ USAFA/DPYC) of Regular airmen appointees. Note: Regular airmen in technical school should complete all phases of training, if time permits, before reporting to the Academy. USAFA/DPYC will coordinate with HQ AFMPC/MPCRAC1 to set the reporting date. (d) Nonselection for an Appointment. (1) HQ USAFA/RRS will notify in writing each candidate who qualified as an applicant but was later disqualified (due to receipt of unfavorable or unvalidated information). (2) HQ USAFA/RRS will notify in writing each candidate who is not offered an appointment by May 1. Note: For active duty Air Force applicants, HQ USAFA/RRS will also notify the applicable Military Personnel Flight (MPF) of the member's appointment status. Sec. 901.3 Obligation of appointees. An appointee who enters the Air Force Academy from civilian status and takes the oath of allegiance as a cadet normally assumes a military service obligation of not less than 5 years nor more than 8 years under 10 U.S.C. 651. (a) As a condition to appointment, cadets will fulfill the following obligations: (1) Complete the Academy course of instruction unless disenrolled from the Academy by competent authority. (2) Accept an appointment and upon graduation serve as a commissioned officer in a Reserve (after September 30, 1996) component of one of the armed services for a minimum of 5 years. (3) Serve as a commissioned officer in the Reserve component until the 8th anniversary (if authorized to resign from the Regular component before the 8th anniversary of their graduation). (4) Be subject to the separation policies in Air Force Instruction 36-2020, Disenrollment of U.S. Air Force Academy Cadets. (b) HQ USAFA/DPYQ will ensure minor cadets sign an agreement with the parent's or guardian's consent to fulfill the above obligations. (c) Cadet's Oath of Allegiance. On admission, each appointee (except foreign cadets) is required to take the Oath of Allegiance as written at attachment 5 to this part. (1) If an appointee refuses to take and subscribe to the oath, the appointment is terminated. (2) Cadets who enter the Air Force Academy from the regular or reserve component of the Air Force or as an enlisted member of the armed forces may not terminate any period of remaining obligated service because of the acceptance of that appointment. If such cadets fail to complete the Academy course of instruction, or are separated from service as cadets for any reason other than appointment as a commissioned officer or because of a physical disability, they will revert to enlisted status to serve any prior service obligation under 10 U.S.C. 516. However, all service as a cadet is counted toward fulfillment of the remaining period of obligated service. Sec. 901.4 Forms prescribed. (a) AF Form 1786, Application for Appointment to the USAF Academy Under Quota Allotted to Enlisted Members of the Regular and Reserve Components of the Air Force. (b) DD Form 1870, Nomination for Appointment to the United States Military Academy, Naval Academy, Air Force Academy. (c) USAFA Form 0-28, Acceptance Declination Certificate. Attachment 1 to Part 901--Eligibility Requirements for U.S. Air Force Academy Applicants Note: This attachment provides the eligibility requirements for all applicants desiring to attend the USAFA. A1.1. Each applicant must meet the following eligibility requirements: A1.1.1. Age. Must be at least 17 and not have passed their 23rd birthday on July 1 of the year of entry into the Academy. A1.1.2. Citizenship. Must be a citizen or national of the United States (except for students sponsored by foreign governments under 10 U.S.C. 9344). HQ USAFA/RRS will verify citizenship of all incoming cadets prior to administration of the oath of appointment, (i.e., birth or nationalization certificate). Facsimiles, copies, photographs or otherwise of birth certificate or certificate of citizenship must include proper certification as evidenced by the raised seal of the issuing authority. A1.1.3. Domicile. Be domiciled within the boundaries of the constituency if nominated by an authority designated in the Congressional and U.S. Possessions categories. A1.1.4. Personal Standards. Must exhibit the highest standards of moral character, personal conduct, and integrity. Applicants must explain or clarify any of the following circumstances: A1.1.4.1. Applicant is or has been a conscientious objector. A1.1.4.2. Any facts that indicate the applicant's appointment may be inconsistent with national security interests. A1.1.4.3. Conviction by court-martial of other than a ``minor offense'' (MCM, 1984, Part V, paragraph 1e, page V-1) or conviction of a felony in a civilian court. A1.1.4.4. Elimination from any officer training program or any preparatory school of the Army, Navy, or Air Force Academies for military inaptitude, indifference, or undesirable traits of character. This includes any person who resigned in lieu of impending charges or who was eliminated by official action. A1.1.4.5. Habitual alcohol misuse or drug abuse which exceeds Air Force standards is disqualifying. A1.1.4.6. Behavior, activity, or association showing the applicant's conduct is incompatible with exemplary standards of personal conduct, moral character, and integrity. A1.1.5. Marital Status. Be unmarried and have no legal obligation to support a child, children, or any other person. A1.1.6. Medical Examination. Must be medically qualified as determined by DoDMERB. The Air Force Academy Command Surgeon may grant waivers. [[Page 63487]] A1.1.7. Academic Examinations. Each applicant must achieve satisfactory results on the Scholastic Aptitude Test or the American College Testing (ACT) Test. A1.1.8. Candidate Fitness Test (CFT). Note: HQ USAFA/AH may grant waivers if the candidate clearly demonstrates an acceptable level of physical fitness. Attachment 2 to Part 901--Academy Nomination Categories Note: This attachment identifies the nomination categories available to individuals seeking an appointment to the USAFA. A2.1. Congressional and US Possessions Categories. The nominating authorities listed below are authorized the following cumulative quotas: Note: Nominating authorities will send DD Form 1870 to HQ USAFA/ RRA, 1040 Air Force Pentagon, Washington, DC 20330-1040 for processing. (Approved by the Office of Management and Budget under control number 0701-0026) ------------------------------------------------------------------------ Authorized Nominating Authority Quota ------------------------------------------------------------------------ U.S. Senators.............................................. 5 U.S. Representatives....................................... 5 District of Columbia....................................... 5 U.S. Delegate Guam......................................... 2 U.S. Delegate Virgin Islands............................... 2 U.S. Delegate American Samoa (Applicants domiciled in American Samoa)........................................... 1 Governor of Puerto Rico (native)........................... 1 Resident Commissioner of Puerto Rico (domiciled and native) 5 Resident Representative Northern Mariana Island............ 1 Vice-Presidential.......................................... 5 ------------------------------------------------------------------------ (Nominates from nation at large with deadline to apply October 31) A2.2. Military Related Nomination Categories: A2.2.1. Presidential Competitive Category. This nomination category authorizes 100 appointments each year and is made by applicant order of merit. Individuals apply to HQ USAFA/RRS between May 1 and January 31. Applicants do not write directly to the President of the United States. Note: For the purpose of this instruction, children are defined as natural children of a parent and adopted children whose adoption proceedings were initiated before their 15th birthday. To be eligible in this category, the applicant's parent must be or have been a Regular or Reserve member of the Armed Forces with the following restrictions: A2.2.1.1. On active duty (other than for training) and served continuously on active duty for 8 years by July 1 of the year that the candidate would enter. A2.2.1.2. Retired with pay or granted retired or retainer pay (children of reservists retired and receiving pay pursuant to of Title 10, United States Code, Chapter 67, are ineligible). A2.2.1.3. Parent died after retiring with pay or died after being granted retired or retainer pay (children of such reservists who were retired and receiving pay pursuant to of Title 10, United States Code, Chapter 67, are ineligible). A2.2.1.4. In accordance with 10 U.S.C. 9342, a person eligible for appointment consideration under the Children of Deceased or Disabled Veterans (CODDV) category is not eligible as a candidate in the Presidential category. A.2.2.2. Children of Deceased or Disabled Veterans and Children of Military or Civilian Personnel in a Missing Status Category (CODDV). This category authorizes 65 cadets at USAFA at any one time. Individuals apply to HQ USAFA/RRS between May 1 and January 31. USAFA will offer appointments by order-of-merit. Eligibility requirements are delineated in 10 U.S.C., Chapter 9342(a)(1), and the Department of Veteran Affairs is the final determining agency for this category. Disabilities under this category must be a full 100 percent determination. A.2.2.3. Honor Military and Honor Naval Schools, Air Force Reserve Officers' Training Corps (AFROTC), and Air Force Junior Reserve Officers' Training Corps (AFJROTC) Competitive Category. This category authorizes 20 appointments. USAFA will offer appointments by order-of-merit. A.2.2.3.1. Honor Military and Honor Naval Schools may nominate five honor graduates, or prospective honor graduates, from each designated honor military and honor naval school. School authorities certify that each nominee is a prospective honor graduate or an honor graduate, and meets the basic eligibility requirements. School authorities submit nominations directly to the USAFA/RRS using specific nomination forms no later than January 31 of the entry year. Nominations are not limited to honor graduates of the current year. Eligible candidates apply to the administrative authority of the school involved. A.2.2.3.2. AFROTC may nominate five students from each college or university AFROTC detachment to compete for appointment. Students must apply for nomination to the Professor of Aerospace Studies (PAS) who must certify that the applicants meet the basic eligibility requirements and have or will have satisfactorily completed at least 1 year of scholastic work at the time of admission. The president of the institution will nominate directly to HQ USAFA/RRS by January 31. A2.2.3.3. Five students from each high school Honor AFJROTC detachment to compete for appointment. Students will apply for nomination to the Aerospace Science Instructor, who must certify that the applicants meet the basic eligibility requirements and have or will have successfully completed the prescribed AFJROTC program by the end of the school year. The principal of the high school may nominate five individuals directly to USAFA by January 31. A2.2.4. Children of Medal of Honor Recipients Category. The child of any Medal of Honor recipient who served in any branch of the Armed Forces may apply for nomination directly to HQ USAFA/RRS between May 1 and January 31. If applicants meet the eligibility criteria and qualify for admission, they are admitted to the Academy. Appointments from this category are unlimited. Note: For the purpose of this category, children are defined as natural children of a parent and adopted children whose adoption proceedings were initiated before their 15th birthday. A2.2.5. Regular Airmen Category. This category is authorized 85 appointments each year and filled from candidates in order of merit. Any enlisted member of the Regular component of the Air Force may apply for nomination by January 31. A2.2.5.1. Selectees must be in active duty enlisted status when appointed as cadets and must complete AF Form 1786, Application for Appointment to the USAF Academy Under Quota Allotted to Enlisted Members of the Regular and Reserve Components of the Air Force, and submit it to their organization commander who determines if the applicant meets the basic eligibility requirements. If a candidate is not qualified, the organization commander will return the application to the applicant and explain why the applicant was disqualified. A2.2.5.2. The organization commander will: advise the local Military Personnel Flight (MPF) to hold any reassignment action pending selection of an appointment. The MPF places the airman in assignment availability code (AAC) 05 and coordinates on AF Form 1786. Upon Academy notification, MPF will reassign applicants not selected. The initial application package from the technical training center MPF to HQ USAFA/RRS includes the following information on all pipe-line students: name, Social Security Number, Air Force specialty code, course graduation date, follow-on training, and end assignment. A2.2.5.3. Complete an endorsement and forward AF Form 1786 through the MPF to HQ USAFA/RRS. The commander's endorsement must include a comprehensive statement of the applicant's character, ability, and motivation to become a career officer. The commander will use official records to verify statements in the application regarding component, length of service, and date of birth. A2.2.6. Reserve Airmen Category. This category is authorized 85 appointments each year and filled from candidates in order of merit. The deadline for applications is January 31 of the entry year. Any enlisted member of the Air Force Reserve or Air National Guard of the United States (ANGUS) may apply for nomination by January 31 of the entry year. A reserve commissioned officer who satisfactorily completes 1 year of service in an active Reserve assignment by July 1 of the year in which admission is sought may apply in this category. (Reserve commissioned officers on extended active duty (EAD) may apply for vacancies in the Regular competitive category.) If selected, such candidates must have commissioned officer status terminated and be in the enlisted Air Force Reserve before appointment as Air Force Academy cadets. Cadets in this category who are separated from the Air Force Academy without [[Page 63488]] prejudice and under honorable conditions may apply for reappointment as Reserve commissioned officers. Reserve Airmen on EAD as a result of an honor suspension from the Air Force Academy Cadet Wing must reapply for admission under this category. A2.2.6.1. Reserve category applicants must complete AF Form 1786 and submit it to their organization commander. The organization commander processes the application. A2.2.6.2. A Reserve applicant is not placed on active duty for the purpose of processing him or her for a nomination or appointment to the Air Force Academy. A2.3. Superintendent Competitive Category. The Superintendent may nominate up to fifty eligible applicants who have not secured a nomination to USAFA from any other nominating authority. USAFA will select highly qualified applicants in order-of-merit from the nationwide applicant pool of qualified alternates to fill the class. A2.4. Foreign Students Competitive Category. 10 U.S.C. 9344 authorizes USAFA to provide instruction for as many as 40 foreign students at any one time. Foreign citizens must apply to their government. USAFA coordinates with US Embassies to ensure compliance with all admission and appointment requirements. HQ USAFA/RRA coordinates with HQ USAF, Department of Defense and State Department before forwarding nomination invitations to each country. The application must describe the applicant's background and must be received by USAFA by December 31 before their desired summer admission. Applicants in these categories must meet the eligibility and admissions requirements established for all Academy candidates except for US citizenship. They must be able to read, write, and speak English proficiently in a college environment. Attachment 3 to Part 901--Nomination Methods Note: This attachment provides information on the different methods to nominate candidates for appointment to the Academy. A3.1. Nomination methods to fill quota vacancies in the Vice- Presidential, congressional, and U.S. Possessions Categories follow: A3.1.1. The Principal Numbered-Alternate Method. The nominating authority indicates his or her personal preference by designating a principal nominee and numbering up to nine alternate nominees in order of preference. HQ USAFA/RRS must offer the appointment to the first fully qualified nominee. The order of preference must be honored; however, HQ USAFA/RRS may offer appointments in any sequence. A3.1.2. The Principal Competitive-Alternate Method. The nominating authority designates his or her principal nominee and up to nine other nominees. HQ USAFA/RRS evaluates and ranks nominees by order-of-merit. If the principal nominee is fully qualified, HQ USAFA/RRS will offer this individual the appointment; otherwise, HQ USAFA/RRS will offer the appointment to the fully qualified alternate nominee ranked the highest. A3.1.3. The Competitive Method. At the request of the nominating authority, the HQ USAFA/RRS evaluates the records of all the nominees, ranks them in order of merit, and offers the appointment to the highest ranked nominee. Attachment 4 to Part 901--Appointment Vacancy Selection Note: This attachment provides instructions for charging appointments to the appropriate nominating source. A4.1. HQ USAFA/RRS charges appointees on behalf of the Secretary of the Air Force. HQ USAFA/RRA will audit all charges. Selection of the charged cadets from the nominees for each vacancy is accomplished as follows: A4.1.1. Principal Nominee, Numbered-Alternate Method. If the Principal Nominee has accepted appointment, he or she is charged against their nominating source vacancy. Otherwise the highest ranked alternate accepting an appointment is charged. In instances where a candidate received principal nominations from two different congressional sources, the principal is normally charged to the Member of Congress who submitted the nomination first. A4.1.2. Principal Nominee, Competitive-Alternate Method. If the Principal nominee has accepted appointment, he or she is charged against the nominating source vacancy. HQ USAFA/RRS evaluates alternates and ranks according to merit. If the Principal does not meet admission criteria, the highest ranking alternate accepting an appointment is charged. A4.1.3. Competitive Nominee Method. HQ USAFA/RRS evaluates the group of competitive nominees, ranks according to merit, and charges the highest-ranked nominee accepting an appointment. A4.1.4. Multiple Congressional Nominations. For candidates receiving numerous nominations, HQ USAFA/RRS normally charges the candidate to the congressional source. When a candidate is nominated by several congressional sources, HQ USAFA/RRS charges the candidate to the slate of the congressional member where the candidate ranks the highest, unless the candidate is the principal nominee or a numbered alternate. A4.1.5. Other Sources of Nomination. HQ USAFA/RRS charges all other candidates not nominated by congressional, Vice-Presidential, or U.S. Possessions to that nominating source (Presidential, AFJROTC, AFROTC, CODDV, Medal of Honor, etc.). A4.1.6. Qualified Alternates. To bring the Cadet Wing up to strength, the qualified alternates appointed according to Sec. 901.2 (c)(2) are charged to the Secretary of the Air Force. Those candidates having congressional, Vice-Presidential, or U.S. Possessions nominations appear as a qualified alternate for that nominating source. A4.1.7. Multiple Congressional and Other Sources of Nomination. For appointees who have multiple nominations, HQ USAFA/RRS determines the appointment category to which they are charged. Normally a cadet with both congressional and noncongressional nominations is charged to a congressional authority. HQ USAFA/RRS notifies HQ USAFA/RRA, of these assignments. HQ USAFA/RRA audits and verifies the charges, then notifies the Vice-President, nominating authorities in the Congress, and US Possessions of their charged appointees and other nominees who win appointments. Attachment 5 to Part 901--Appointee Obligations Note: This attachment provides the Oath of Allegiance which each Academy appointee must take as an obligation of service. ``I (name), having been appointed an Air Force cadet in the United States Air Force, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office of which I am about to enter. So Help Me God.'' Barbara A. Carmichael, Alternate Air Force Federal Register Liaison Officer. [FR Doc. 97-31347 Filed 11-28-97; 8:45 am] BILLING CODE 3901-01-P