Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72941 

members with immediate relief from the 

penal sum requirements under the 

existing regulations, in accordance with 

section 553(d)(3). 

Drafting Information 

Gerald M. Isenberg and Ramona Hupp 

of the Regulations and Rulings Division, 

Alcohol and Tobacco Tax and Trade 

Bureau, drafted this document. 

List of Subjects in 27 CFR Part 25 

Beer, Excise taxes, Reporting and 

recordkeeping requirements, Surety 

bonds. 

Amendments to the Regulations 

Accordingly, for the reasons set forth 

in the preamble, TTB amends 27 CFR, 

chapter I, part 25 as set forth below. 

PART 25—BEER 

■ 1. The authority citation for part 25 

continues to read as follows: 

Authority: 19 U.S.C. 81c; 26 U.S.C. 5002, 

5051–5054, 5056, 5061, 5121, 5122–5124, 

5222, 5401–5403, 5411–5417, 5551, 5552, 

5555, 5556, 5671, 5673, 5684, 6011, 6061, 

6065, 6091, 6109, 6151, 6301, 6302, 6311, 

6313, 6402, 6651, 6656, 6676, 6806, 7342, 

7606, 7805; 31 U.S.C. 9301, 9303–9308. 

■ 2. Amend § 25.93 by: 

■ a. Amending paragraph (a)(2) by 

removing the word ‘‘For’’ in the first 

sentence after the heading and replacing 

it with the words ‘‘Except as provided 

in paragraph (a)(3) of this section, for’’; 

and 

■ b. Adding a new paragraph (a)(3) to 

read as follows: 

§ 25.93 Penal sum of bond. 

(a) * * * 

(3) Exception. For a period of three 

years beginning December 7, 2012 for 

brewers filing tax returns and remitting 

taxes quarterly under § 25.164(c)(2), the 

penal sum of the brewer’s bond is 

$1,000 on beer: 

(i) Removed for transfer to the 

brewery from other breweries owned by 

the same brewer; 

(ii) Removed without payment of tax 

for export or for use as supplies on 

vessels and aircraft; 

(iii) Removed without payment of tax 

for use in research, development, or 

testing; and 

(iv) Removed for consumption or sale. 

* * * * * 

Signed: September 18, 2012. 

John J. Manfreda, 

Administrator. 

Approved: September 28, 2012. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2012–29488 Filed 12–6–12; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 68 

[Docket No. DOD–2009–OS–0034] 

RIN 0790–AI50 

Voluntary Education Programs 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness, 

DoD. 

ACTION: Final rule. 

SUMMARY: In this final rule, the 

Department of Defense (DoD) 

implements policy, assigns 

responsibilities, and prescribes 

procedures for the operation of 

voluntary education programs within 

DoD. Several of the subject areas in this 

final rule include: procedures for 

Service members participating in 

education programs; guidelines for 

establishing, maintaining, and operating 

voluntary education programs 

including, but not limited to, instructorled courses offered on-installation and 

off-installation, as well as via distance 

learning; procedures for obtaining onbase voluntary education programs and 

services; minimum criteria for selecting 

institutions to deliver higher education 

programs and services on military 

installations; the establishment of a DoD 

Voluntary Education Partnership 

Memorandum of Understanding (MOU) 

between DoD and educational 

institutions receiving tuition assistance 

payments; and procedures for other 

education programs for Service 

members and their adult family 

members. The new requirement for a 

signed MOU with DoD from 

participating educational institutions 

will be effective 60 days following the 

publication of this final rule in the 

Federal Register. 

DATES: This rule is effective January 7, 

2013. 

FOR FURTHER INFORMATION CONTACT: For 

specific information on the new DoD 

Voluntary Education Partnership MOU, 

go to the DoD MOU site at http:// 

www.dodmou.com. There is a ‘‘feedback 

button’’ where questions and concerns 

can be emailed from Service members, 

education centers, and institutions. 

Every email received through the 

automated feedback button will be 

recorded, tracked, and resolved by the 

appropriate DoD official. For general 

information concerning DoD Voluntary 

Education Programs, send a written 

inquiry to Ms. Kerrie Tucker, at the 

Office of the Under Secretary of Defense 

(Personnel & Readiness), Military 

Community & Family Policy, State 

Liaison and Educational Opportunities, 

4800 Mark Center Drive, Suite 14E08, 

Alexandria, Virginia 22350–2300 or 

email: kerrie.tucker@osd.mil. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

This final rule implements Voluntary 

Education Programs for Military Service 

members. This rule includes 

educational programs that enable 

Service members to earn a degree on 

their off-duty time. Congress has held 

that men and women serving in the 

Armed Forces should have at least the 

same opportunity to advance 

academically as do civilians who 

remain outside the military. 

Funding for Voluntary Education 

Programs is authorized by law and is 

subject to the availability of funds from 

each Service. Voluntary education 

programs include tuition assistance 

(TA) (per 10 U.S.C. 2007), which is 

administered uniformly across the 

Services. Subject to appropriations, each 

Service pays no more than $250.00 per 

semester-unit for tuition and fees 

combined. Each Service member 

participating in off-duty, voluntary 

education is eligible for up to $4,500.00, 

in aggregate, for each fiscal year. TA can 

only be used for courses offered by 

postsecondary institutions accredited by 

a national or regional accrediting body 

recognized by the U.S. Department of 

Education. 

A March 2011 Government 

Accountability Office report on the DoD 

TA program recommended the 

Department take steps to enhance its 

oversight of schools receiving TA funds. 

As a result, a DoD Memorandum of 

Understanding (MOU) requirement was 

included in this rule, which is 

designated not only to improve 

Departmental oversight but also to 

account for our Service members’ 

unique lifestyle requirements. The 

purpose of the DoD MOU is to establish 

a partnership between the Department 

and institutions to improve educational 

opportunities while protecting the 

integrity of each institution’s core 

educational values. This partnership 

serves to ensure a quality, viable 


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72942 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

program exists that provides for our 

Service members to realize their 

educational goals, while allowing for 

judicious oversight of taxpayer dollars. 

Public Comments 

The Department of Defense published 

a proposed rule on August 6, 2010 (75 

FR 47504–47514). Twenty six 

submissions were received which 

contained a total of 110 comments that 

were reviewed and considered. 

However, a substantial number of the 

110 comments were duplicative, 

resulting in 35 actual comments. These 

35 comments were grouped into just 9 

topics and addressed below. 

Comment: We received a comment 

which recommended the document 

recognize the potential for adjudications 

to arise, and that a long-term point of 

contact be specified to address 

adjudication; this should include, name, 

phone number and email address of the 

contact office. 

Response: For tracking purposes, a 

‘‘feedback button’’ was developed on 

the DoD Voluntary Education 

Partnership MOU Web page to 

specifically address questions and 

concerns from Service members, 

education centers, and institutions. The 

homepage for DoD Voluntary Education 

(http://apps.mhf.dod.mil/voled) also 

contains a link where personnel can 

register their voluntary education 

concerns. Every entry received through 

the automated feedback button will be 

recorded, tracked, and resolved by the 

appropriate DoD official. For general 

information concerning DoD Voluntary 

Education Programs, personnel can send 

a written inquiry to Ms. Kerrie Tucker, 

at the Office of the Under Secretary of 

Defense (Personnel & Readiness), 

Military Community & Family Policy, 

State Liaison and Educational 

Opportunities, 4800 Mark Center Drive, 

Suite 14E08, Alexandria, Virginia, 

22350–2300 or email: 

kerrie.tucker@osd.mil. 

Comment: Several commenters 

addressed concerns about the new 

requirement for schools to agree to 

participate in a ‘third party review’ 

process that will evaluate voluntary 

education programs and the delivery of 

their educational opportunities to 

Service members. One commenter 

requested additional information 

concerning a waiver to this review. 

Since this review process will be 

contracted to a company outside DoD, 

the selected contractor will be 

responsible for the procedures 

connected with the actual review 

process which could include a possible 

waiver process. Another commenter 

suggested the DoD contracted ‘third 

party’ evaluator(s) accompany the 

Distance Education and Training 

Committee (DETC) accreditation 

committees since the vast majority of 

DETC accredited distance education 

institutions are very small with small 

enrollments of Service members. In the 

long run, this may help to conserve DoD 

resources, give DoD a broader view of 

the institution, and help institutions 

keep their tuitions low. 

Response: The comments received 

have been noted; however the final 

decision will be made by the selected 

DoD contractor for the complete ‘third 

party review’ process. 

Comment: A commenter stated that 

the responsibilities on page 47508: 

under 68.5, section (g)(2), were not in 

concert with the earlier section (d)(6), 

which states the Director of DANTES 

will serve ‘‘as the Executive Secretary at 

the Interservice Voluntary Education 

Board meeting convened annually to 

review DANTES’ programs * * *’’ 

Since the DANTES Director does not 

serve as the Executive Secretary at the 

other quarterly meetings of the 

Interservice Voluntary Education Board, 

the commenter suggested section (g)(2) 

be rewritten as noted in (d)(6) so that 

the DANTES Director’s Executive 

Secretary responsibilities do not expand 

beyond the annual Board meeting 

convened to review the DANTES 

mission and programs. 

Response: This comment was 

accepted and the appropriate changes 

were made, which included deleting 

section (g)(2) and keeping section (d)(6) 

as is. However, the final rule lists the 

operational procedures relating to 

DANTES in section 68.6 

Comment: Multiple comments were 

received with alternative language for 

the provision on tuition assistance and 

how it should be applied with regards 

to various fees as stated on page 47508, 

under 68.6, Procedures, section 

(a)(2)(ii)(D). 

Response: Several recommended 

language alternatives were submitted 

and a combination statement was 

developed. This section now includes 

the following additional statement to 

the last sentence: ‘‘* * *are charged to 

all students and 100 percent 

refundable.’’ 

Comment: The majority of the 

comments received focused on 

Appendix A to part 68, section 4.a. on 

page 47512 on the ‘One Single Rate to 

TA’ and questions relating to the actual 

implementation, especially with schools 

operating in several different states. 

Response: The term ‘one single rate 

tuition rate’ pertains to the institution at 

a specific geographic location, not 

nationwide. The intent of this paragraph 

is to ensure that all Service members 

(i.e., Soldiers, Airmen, Sailors, or 

Marines) attending the same institution, 

at the same location, enrolled in the 

same course, be charged the same 

amount of tuition assistance without 

regard to their Service component. 

Additionally, if an institution has more 

than one mode of delivery for their 

courses, the ‘one single tuition rate’ will 

be the same for all participating Service 

members without regard to their Service 

component within each mode of 

delivery. Institutions with more than 

one campus will sign one DoD 

Voluntary Education Partnership MOU 

from their home, main, or parent 

campus, if that home, main, or parent 

campus signatory is responsible of all of 

the campuses. A listing of the specific 

campus locations will be included in 

the DoD MOU and provided by the 

home, main, or parent campus 

signatory. However, if each campus 

operates as a separate business entity for 

purposes such as handling third-party 

payments, then each campus signatory 

will sign a separate DoD MOU. 

Comment: A commenter questioned 

the verbiage in Appendix A to Part 68 

(Paragraph 5b. (7)) concerning class 

cancellations. It currently states: The 

institution will: ‘‘Inform the installation 

education advisor about class 

cancellations for classroom-based 

courses on military installations no later 

than seven calendar days prior to the 

beginning of the term.’’ At the 

commenter’s school, approximately 

40% of the registrations occur the week 

before the beginning of the term and 

during the week the term starts. The 

proposed rule would result in 

cancelling classes that, in their 

experience, the majority of which would 

gain sufficient enrollment prior to class 

start. In view of the above, suggest that 

the installation education advisor have 

the flexibility to set the class 

cancellation policy based on the 

situation at that installation. 

Response: Suggestion to change the 

verbiage for this paragraph was accepted 

and reads as follows: ‘‘Inform the 

installation education advisor about 

cancellations for classroom-based 

classes on military installations per the 

guidelines set forth in the separate 

installation MOU.’’ 

Comment: A commenter requested 

clarification on the needs assessment 

requirement stated in section 68.6, 

subsection (b)(1)(v) and (b)(3)(v). As 

stated, it was unclear to the commenter 

who was ultimately responsible for the 

administration of the needs assessment. 

Response: The comment was accepted 

and clarification was added to the 

referenced paragraphs which includes: 


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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72943 

* * *periodic needs assessments 

conducted by the appropriate 

installation official (normally the 

Education Services Officer) for programs 

provided on the installation. The 

installation needs assessment process is 

used to determine such items as staffing 

requirements, course offerings, size of 

facilities, funding, or other standards for 

delivery of educational programs.’’ 

Comment: Several comments were 

received concerning the Service-specific 

addendums. One commenter submitted 

a correction to the Navy addendum for 

the address to mail an official transcript. 

Another commenter suggested the Navy 

addendum be reworded concerning the 

response time. 

Response: The Navy address was 

corrected in Appendix E to Part 68, 

2.c.(7) and paragraph 2.c.(5) now reads: 

‘‘Institutions will strive to respond to 

email messages from students within a 

reasonable period of time—generally 

within two workdays, unless 

extenuating circumstances would justify 

additional time.’’ 

Comment: Multiple narrative 

comments were received from the 

general public which contained 

opinions, ideas, and observations, with 

no concrete recommendations for valid 

changes. However, one commenter 

stated, ‘‘Recognition that any required 

indemnification by public educational 

institutions in the MOU(s) may be 

limited by state and governing board 

limits.’’ 

Response: A new paragraph was 

added to section 68.6, Procedures, 

paragraph (a)(16) which reads: ‘‘To the 

extent that any provision of the standard 

language of the DoD Voluntary 

Education Partnership MOU template in 

appendices A, B, C, D, and E to this 

part, results from DoD policy that 

conflicts with a state law or regulation, 

the DASD(MCFP) may authorize 

amending the standard language of the 

DoD Voluntary Education Partnership 

MOU template on a case-by-case basis to 

the extent permissible by Federal law or 

regulation.’’ 

Additional clarifications were made 

in the final rule based on comments 

received from the Institutions during the 

implementation process of the DoD 

Voluntary Education Partnership 

Memorandum of Understanding (MOU). 

DoD received several concerns and 

apprehensions in signing the DoD MOU 

from institutions of higher learning 

(IHLs). DoD decided to work with the 

public stakeholders (American Council 

on Education, IHLs, and key veteran and 

military service organizations) to 

address these concerns by providing 

additional clarification to the 

terminology contained in the DoD MOU. 

These clarifications use IHL terminology 

instead of DoD language in the DoD 

MOU and definition of terms in section 

68.3. 

The IHLs concerns included the 

following key provisions in the DoD 

MOU contained in Appendix A to Part 

68: 

• Adhering to the Servicemembers 

Opportunity Colleges (SOC) Consortium 

Principles, Criteria, and Military 

Student Bill of Rights (sections 3.e. and 

f.); 

• Waiving degree residency 

requirements (sections 3.e. and f.); 

• Recognizing, accepting, and 

awarding military training and 

education where appropriate (sections 

3.e. and f.); and 

• Providing an evaluated education 

plan to military students (section 4.c.); 

DoD extended the deadline for IHLs to 

sign the DoD MOU to 60 days following 

the publication of this final rule in the 

Federal Register to provide the IHLs 

with sufficient time to reassess the 

agreed-upon terminology. All of the 

concerns from the IHLs were addressed, 

however the DoD MOU is voluntary and 

as such, DoD cannot mandate that a 

postsecondary institution sign. If there 

are institutions that choose not to 

participate in the Military Tuition 

Assistance Program, the Military 

Services will assist Service members to 

find schools that have the same program 

and will transfer credits the Service 

members have already earned. They will 

also provide counseling to assist them 

in identifying additional or alternative 

funding. 

The changes listed below are 

contained in the final rule and include 

the following main recommendations: 

• The addition of paragraph (b) in 

section 68.1, Purpose. Although the 

content for this paragraph was already 

stated in section 68.6, Procedures, 

paragraph (a)(15), it was not stated in 

the ‘Purpose’ of this part. In the final 

rule, paragraph (b) in section 68.1 of this 

part states the new policy, which 

requires a signed DoD MOU from 

educational institutions providing 

education programs through the DoD 

TA Program. 

• To increase clarity connected with 

the duties relating to the Interservice 

Voluntary Education Board and 

DANTES, the operational procedures 

listed for both topics were moved from 

section 68.5, ‘‘Responsibilities’’ and 

consolidated into section 68.6, 

‘‘Procedures’’. Previously, the proposed 

rule included operational procedures for 

the Board and DANTES in sections 68.5 

and 68.6 of this part, which caused 

confusion to the reader. 

• DoD received recommendations to 

include an implementation statement 

for the DoD MOU since the initial 

effective date of January 1, 2012, has 

passed. DoD also received requests to 

provide educational institutions with 

sufficient time to coordinate the DoD 

MOU through their legal and 

supervisory channels. The final rule 

now states a signed MOU with DoD 

from participating educational 

institutions will be effective 60 days 

following the publication of this final 

rule on the Federal Register. 

• The U.S. Air Force and the U.S. 

Navy requested to delete their 

indemnification paragraphs contained 

in Appendix B and Appendix E to Part 

68, due to conflicts with state laws for 

all of the public institutions wanting to 

participate in the military TA program. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

68 is an economically significant 

regulatory action. The rule has an 

annual effect on the economy of $100 

million or more. 

The rule does not: 

• 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; 

• Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

• Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

• Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Funding for Voluntary Education 

Programs is authorized by law and is 

subject to the availability of funds from 

each Service. Voluntary education 

programs include tuition assistance (per 

section 2007 of title 10, United States 

Code), which is administered uniformly 

across the Services. As per the National 

Defense Authorization Act (NDAA) 

FY08, each of the Services may also 

provide TA to activated Service 

members of the Selected Reserves and 

Individual Ready Reserve. For Fiscal 

Year 2010 (FY10), the Services executed 

approximately $800 million for Off-Duty 

and Voluntary Education Programs. 

This total amount included tuition 

assistance costs of approximately 


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72944 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

$542M. The Services have currently 

budgeted the same amount for FY11 

tuition assistance costs. 

Sec. 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

68 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

68 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 a 

substantial number of small entities. 

The rule updates policy and procedures 

for the voluntary education programs 

within DoD for Service members and 

their adult eligible family members. 

Guidance on voluntary education 

programs is available through the 

Education Centers located on military 

installations. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ 

It has been certified that 32 CFR part 

68 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

68 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

• The States; 

• The relationship between the 

National Government and the States; or 

• The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 68 

Adult education, Armed forces, 

Colleges and universities, Education, 

Educational study programs, 

Government contracts, Military 

personnel, Student aid. 

Accordingly, 32 CFR part 68 is added 

to read as follows: 

PART 68—VOLUNTARY EDUCATION 

PROGRAMS 

Sec. 

68.1 Purpose. 

68.2 Applicability. 

68.3 Definitions. 

68.4 Policy. 

68.5 Responsibilities. 

68.6 Procedures. 

Appendix A to Part 68—DOD Voluntary 

Education Partnership Memorandum of 

Understanding (MOU) Between DOD 

Office of the Under Secretary of Defense 

For Personnel and Readiness (USD(P&R)) 

and [Name of Educational Institution] 

Appendix B to Part 68—Addendum for 

Education Services Between [Name of 

Educational Institution] and the U.S. Air 

Force 

Appendix C to Part 68—Addendum for 

Education Services Between [Name of 

Educational Institution] and the U.S. 

Army 

Appendix D to Part 68—Addendum for 

Education Services Between [Name of 

Educational Institution] and the U.S. 

Marine Corps 

Appendix E to Part 68—Addendum for 

Education Services Between [Name of 

Educational Institution] and the U.S. 

Navy 

Authority: 10 U.S.C. 2005, 2007. 

§ 68.1 Purpose. 

This part: 

(a) Implements policy, assigns 

responsibilities, and prescribes 

procedures for the operation of 

voluntary education programs in the 

Department of Defense. 

(b) Establishes new policy stating 

criteria for tuition assistance (TA) and 

the requirement for a memorandum of 

understanding (MOU) from all 

educational institutions providing 

educational programs through the DoD 

TA Program. 

(c) Establishes the Interservice 

Voluntary Education Board. 

§ 68.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

§ 68.3 Definitions. 

The following terms and their 

definitions are for the purpose of this 

part: 

Academic. Having to do with general 

or liberal arts education, rather than 

technical or vocational. 

Academic skills. Competencies in 

English, reading, writing, speaking, 

mathematics, and computer skills that 

are essential to successful job 

performance and new learning. Also 

referred to as functional or basic skills. 

Active Guard and Reserve (AGR). 

National Guard or Reserve members of 

the Selected Reserve (SELRES) who are 

ordered to active duty or full-time 

National Guard duty for a period of 180 

consecutive days or more for the 

purpose of organizing, administering, 

recruiting, instructing, or training the 

Reserve Component units or duties as 

prescribed in 10 U.S.C. 12310. All AGR 

members must be assigned against an 

authorized mobilization position in the 

unit they support. (Includes Navy fulltime support (FTS), Marine Corps 

Active Reserve (ARs), and Coast Guard 

Reserve Personnel Administrators 

(RPAs)). 

American Council on Education. The 

major coordinating body for all of the 

Nation’s higher education institutions. 

Seeks to provide leadership and a 

unifying voice on key higher education 

issues and publishes the ‘‘Guide to the 

Evaluation of Educational Experiences 

in the Armed Services.’’ 

Annual TA Ceiling. The maximum 

dollar amount authorized for each 

Service member for TA per fiscal year. 

Each Service member participating in 

off-duty voluntary education programs 

shall be entitled to the full amount 

authorized each fiscal year in 

accordance with DoD policy. 

Army/American Council on 

Education Registry Transcript System. 

An automated official document 

generated by the Army/ACE Registry 

Transcript System which can be sent 

directly from the Army American 

Council on Education Registry 

Transcript System Center to the 

educational institution to articulate a 

soldier’s military experience and 

training and the American Council on 

Education-recommended college credit 

for this training and experience. 

Degree requirements. A planning 

document provided by the educational 

institution that outlines general required 

courses to complete an educational 

program. The planning document 

presents the general education and 

major-related course requirements, 

degree competencies (e.g., foreign 

language, computer literacy), and 

elective course options that students 

may choose for specified program of 

study. 

Education advisor. A professionally 

qualified, subject matter expert or 

program manager in the education field 

at the installation education center. The 

following position titles may also be 

used for an education advisor: 

Education Services Specialist, 

Education Services Officer (ESO), 

Voluntary Education Director, Navy 

College Office Director, and Education 

and Training Section (ETS) Chief. 

Education center. A military 

installation facility, including office 

space, classrooms, laboratories, and 

other features, that is staffed with 

professionally qualified personnel and 


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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72945 

to conduct voluntary education 

programs. For Navy, this is termed the 

‘‘Navy College Office.’’ 

Educational plan. A planning 

document provided by the educational 

institution that outlines general degree 

requirements for graduation. Typically 

an educational plan presents the general 

education and major-related course 

requirements, degree competencies (e.g., 

foreign language, computer literacy), 

and elective course options that 

students may choose for a specified 

program of study. This document is 

required from the institution upon the 

successful completion of six semester 

hours by the Service member at the 

institution. 

Eligible adult family member. The 

adult family member, over the age of 18, 

of an active duty, Reserve, National 

Guardsman, or DoD civilian with a valid 

DoD identification card. 

Evaluated educational plan. An 

official academic document provided by 

the educational institution that: 

(1) Articulates all degree requirements 

required for degree completion or in the 

case of a non-degree program, all 

educational requirements for 

completion of the program; 

(2) Identifies all courses required for 

graduation in the individual’s intended 

academic discipline and level of 

postsecondary study; and 

(3) Includes an evaluation of all 

successfully completed prior 

coursework, and evaluated credit for 

military training and experience, and 

other credit sources applied to the 

institutional degree requirements. For 

participating SOC Degree Network 

System institutions, SOC Army Degrees, 

SOC Navy Degrees, SOC Marine Corps 

Degrees, or SOC Coast Guard Degrees 

Student Agreement serves as this 

documented educational plan. 

Individual Ready Reserve (IRR). A 

manpower pool consisting principally 

of individuals who have had training, 

have previously served in the Active 

Component or in the SELRES, and have 

some period of their military service 

obligation or other contractual 

obligation remaining. Some individuals 

volunteer to remain in the IRR beyond 

their military service or contractual 

obligation and participate in programs 

providing a variety of professional 

assignments and opportunities for 

earning retirement points and military 

benefits. 

Military Voluntary Education Review 

(MVER). A third-party evaluation of 

voluntary education programs covered 

by the DoD Voluntary Education 

Partnership MOU. 

Needs assessment. A process used to 

determine the staffing requirements, 

course offerings, size of facilities, 

funding, or other standards for delivery 

of educational programs. 

Off-duty. Time when the Service 

member is not scheduled to perform 

official duties. 

Ready Reserve. Composed of military 

members of the Reserve and National 

Guard, organized in units or as 

individuals, or both, and liable for 

involuntary order to active duty in time 

of war or national emergency pursuant 

to 10 U.S.C. 12310 and 12301 and 14 

U.S.C. 712 in the case of members of the 

Coast Guard Reserve. The Ready 

Reserve consists of the SELRES, the IRR, 

and the Inactive National Guard. 

Sailor/Marine American Council on 

Education Registry Transcript System. 

An automated official document 

generated by the Sailor/Marine 

American Council on Education 

Registry Transcript System, which can 

be sent directly from the Sailor/Marine 

ACE Registry Transcript System 

Operations Center to the educational 

institution to articulate a Sailor’s or 

Marine’s military experience and 

training and the American Council on 

Education recommended college credit 

for this training and experience. 

SELRES or Selected Reserve. Those 

units and individuals within the Ready 

Reserve designated by their respective 

Service as essential to wartime missions 

and must therefore maintain a higher 

priority over all other Reserves. The 

SELRES includes Reserve unit members 

(including members in the training 

pipeline and drilling Reservists in 

units), Individual Mobilization 

Augmentees, and Active Guard/Reserve 

members. 

Semester-hour TA Cap. The 

maximum dollar amount authorized for 

TA per semester-hour credit. A Service 

shall pay no more than the established 

DoD cap. 

SOC or Servicemembers Opportunity 

Colleges. A consortium of over 1,800 

colleges and universities, created in 

1972 that seeks to enhance the 

educational opportunities to Service 

members who may have difficulty in 

completing college programs due to 

frequent military moves. 

TA or tuition assistance. Funds 

provided by the Military Services or 

U.S. Coast Guard to pay a percentage of 

the charges of an educational institution 

for the tuition of an active duty, Reserve 

or National Guard member of the 

Military Services, or Coast Guard 

member, enrolled in approved courses 

of study during off-duty time. 

Top-Up. An option, under chapter 30 

of the Montgomery G.I. Bill and Post-9/ 

11 G.I. Bill, that enables active duty 

Service members to receive from the 

Department of Veterans Affairs those 

tuition and fee costs that exceed the 

amount of TA provided to the Service 

member by his or her Service. 

Troops-to-Teachers program (TTT). A 

Department of Education program 

administered by the DoD to help recruit 

quality teachers for schools that serve 

low-income families throughout 

America. TTT helps relieve teacher 

shortages, especially in math, science, 

special education, and other high-needs 

subject areas, and assists military 

personnel in making successful 

transitions to second careers in 

teaching. 

Voluntary education programs. 

Continuing, adult, or postsecondary 

education programs of study that 

Service members elect to participate in 

during their off-duty time, and that are 

available to other members of the 

military community. 

§ 68.4 Policy. 

It is DoD policy, consistent with DoD 

Directive 1322.08E, that: 

(a) Members of the Military Services 

serving on active duty or members of 

the Selected Reserve (SELRES) shall be 

afforded the opportunity to complete 

their high school education through a 

state-funded or Service component 

sponsored program, earn an equivalency 

diploma, improve their academic skills 

or level of literacy, enroll in career and 

technical education schools, receive 

college credit for military training and 

experience in accordance with the 

American Council on Education’s 

‘‘Guide to the Evaluation of Educational 

Experiences in the Armed Services’’ 

(available at http://www.militaryguides. 

acenet.edu/), take tests to earn college 

credit, and enroll in postsecondary 

education programs that lead to 

industry-recognized credentials, and 

undergraduate and graduate degrees. 

(b) Subject to the availability of funds, 

Service members’ costs to participate in 

the DoD Voluntary Education Program 

as authorized by Section 2007 of title 

10, United States Code (U.S.C.), shall be 

reduced through financial support, 

including tuition assistance that is 

administered uniformly across the 

Military Services. 

(c) Information and counseling about 

voluntary education programs shall be 

readily available and easy to access so 

that Service members are encouraged to 

make maximum use of the educational 

opportunities available. 

(d) Institutions accredited by a 

national or regional accrediting agency 

recognized by the U.S. Department of 

Education shall be encouraged to 

provide degree programs on military 

installations and the Military Services 


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72946 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

shall facilitate their operations on the 

installations. 

(e) To the extent that space is 

otherwise available, eligible adult 

family members of Service members, 

DoD civilian employees and their 

eligible adult family members, and 

military retirees may enroll in 

postsecondary education programs 

offered on a military installation at no 

cost to the individual Service TA 

programs. 

§ 68.5 Responsibilities. 

(a) Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)). 

The USD(P&R) shall: 

(1) Monitor implementation of and 

ensure compliance with this part and 

DoD Directive 1322.08E (see http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

132208p.pdf). 

(2) Establish rates of tuition assistance 

(TA) to ensure uniformity across the 

Military Services as required by DoD 

Directive 1322.08E, DoD Instruction 

(DoDI) 1322.25 (see http://www.dtic.mil/ 

whs/directives/corres/pdf/132225p.pdf), 

and this part. 

(3) Establish, under the provisions of 

DoDI 5105.18, the Interservice 

Voluntary Education Board, which will 

be composed of full-time or permanent 

part-time federal employees. 

(4) Maintain a program to assess the 

effectiveness of the voluntary education 

programs. 

(5) Issue written guidance annually 

for the funding and operation of the 

Defense Activity for Non-Traditional 

Education Support (DANTES). 

(b) Assistant Secretary of Defense for 

Readiness and Force Management 

(ASD(R&FM)). The ASD(R&FM), under 

the authority, direction, and control of 

the USD(P&R) shall: 

(1) Provide administrative assistance 

to the Deputy Assistant Secretary of 

Defense for Military Community and 

Family Policy (DASD(MCFP)), in 

support of the voluntary education 

programs. 

(2) Respond to matters that are 

referred to by the DASD(MCFP). 

(c) Deputy Assistant Secretary of 

Defense for Military Community and 

Family Policy (DASD(MCFP)). The 

DASD(MCFP), under the authority, 

direction, and control of the 

ASD(R&FM), shall: 

(1) Monitor compliance with this part 

and DoD Directive 1322.08E and related 

issuances by personnel under his or her 

authority, direction, and control. 

(2) Oversee the DoD Voluntary 

Education Program. 

(3) Provide ongoing and routine 

clarifying guidance for the DoD 

Voluntary Education Program. 

(4) Provide representatives to 

professional education and cross-agency 

panels addressing issues impacting the 

DoD Voluntary Education Program, its 

regulatory scope, clientele, and partners. 

(5) Designate the Voluntary Education 

Chief within the Office of the 

DASD(MCFP) as the Chair of the 

Interservice Voluntary Education Board 

and oversee implementation of Board 

and DANTES procedures as detailed in 

§ 68.6 of this part. 

(d) Assistant Secretary of Defense for 

Reserve Affairs (ASD(RA)). The 

ASD(RA), under the authority, 

direction, and control of the USD(P&R), 

shall: 

(1) Monitor compliance with this part 

and DoD Directive 1322.08E and related 

issuances by personnel under his or her 

authority, direction, and control. 

(2) Appoint a representative to serve 

on the Interservice Voluntary Education 

Board. 

(3) Arrange the assignment of, on a 

rotating basis, a field grade officer, to 

serve as the Reserve Component 

Advisor to the Voluntary Education 

Chief within the Office of DASD(MCFP). 

(e) Secretaries of the Military 

Departments. The Secretaries of the 

Military Departments shall: 

(1) Monitor compliance with this part 

and DoD Directive 1322.08E and related 

issuances. 

(2) Establish, maintain, coordinate, 

and operate voluntary education 

programs that encompass a broad range 

of educational experiences including, 

but not limited to, academic skills 

development, high school completion 

programs, career and technical 

education programs, and programs 

leading to the award of industryrecognized credentials, and 

undergraduate and graduate degrees. 

(3) Require that sufficient funding is 

available to provide Service members 

with TA support consistent with the 

requirements in section 68.6 and 

appendices A, B, C, D, and E to this 

part. 

(4) Require that educational 

counseling is available to Service 

members so they will have sufficient 

information and guidance to plan an 

appropriate program of study. 

(5) Require that voluntary education 

programs participate in the established 

DoD third-party review process (i.e., 

MVER). 

(i) The third-party review assesses the 

quality, delivery, and coordination of 

the voluntary education programs 

provided to military personnel on the 

installation, in the community, and via 

distance learning (DL). It assists in 

improving the quality of the delivery of 

these programs through 

recommendations to institutions, 

installations, and the Military Services. 

(ii) Waivers to the third-party review 

must be submitted to and approved by 

the Voluntary Education Chief within 

the Office of the DASD(MCFP). 

(6) Provide one representative to serve 

on the Interservice Voluntary Education 

Board responsible for their Services’ 

voluntary education policy from each of 

the following Military Services: Army, 

Navy, Air Force, and Marine Corps. 

Each Service representative’s 

membership will be on a permanent 

basis and changed only when their 

voluntary education policy position is 

changed. 

(7) Assign, on a rotating basis, a senior 

enlisted Service member in pay grade 

E–9 to serve as the DANTES enlisted 

advisor. 

(8) Require that military test control 

officers and test centers comply with the 

guidance and procedures published in 

the DANTES Examination Program 

Handbook, available at http:// 

www.dantes.doded.mil/Sub%20Pages/ 

Exams/Docs/DEPH_part1.pdf. 

(9) Require that personnel who 

provide counseling, advice, and 

program management related to 

voluntary education programs have 

access to the DoD Voluntary Education 

homepage and other Web sites so they 

can provide current and accurate 

information to Service members. 

(10) Provide opportunities for Service 

members to access the Internet, where 

available, to enroll in and complete 

postsecondary courses that are part of 

their approved educational plan leading 

to an educational goal. 

(f) Secretary of the Navy. The 

Secretary of the Navy, as the DoD 

Executive Agent (DoD EA) for DANTES 

pursuant to DoD Directive 1322.08E and 

DoD Directive 5101.1, and in addition to 

the responsibilities in § 68.5 of this part 

of this section, shall: 

(1) Transmit annual guidance issued 

by the USD(P&R) to DANTES. 

(2) Require that the Director, 

DANTES, provide updates on DANTES 

plans, operations, and activities to the 

USD(P&R). 

(3) Through its civilian personnel 

system, advertise the position of 

Director, DANTES, when the position is 

vacated and appoint the Director, 

DANTES, in accordance with the 

procedures outlined in § 68.6. 

§ 68.6 Procedures. 

(a) TA for Service members 

participating in education programs. (1) 

TA shall be available for Service 

members participating in high school 

completion and approved courses from 

accredited undergraduate or graduate 


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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72947 

education programs or institutions. 

Approved courses are those that are part 

of an identified course of study leading 

to a postsecondary certificate or degree 

and non-degree oriented language 

courses integral to the Defense Language 

Transformation Roadmap (available at 

http://www.defense.gov/news/Mar2005/ 

d20050330roadmap.pdf). 

(i) Use of TA for non-degree oriented 

language courses is limited to those 

published by the Under Secretary of 

Defense (P&R) on the DoD Strategic 

Language List. 

(ii) Dominant-in-the-force languages 

and languages deemed by DoD as 

already having sufficient strategic 

capacity authorized will not be funded 

under section 2007, except for 

assignments outside the continental 

United States. 

(2) TA shall be applied as follows: 

(i) For 100 percent of the cost of 

approved high school completion 

programs for Service members who have 

not been awarded a high school or 

equivalency diploma and who are 

enrolled in such programs. 

(ii) In support of the voluntary 

education and training of active duty 

Service members during their off-duty 

periods, each Military Service shall pay 

all or a portion, as specified in 

paragraphs (a)(2)(ii)(A) through (F) of 

this section, of the charges of an 

educational institution for education 

and training during the member’s offduty periods. 

(A) When an institution’s charges are 

up to or less than the limit of per 

semester-hour of credit or its equivalent, 

as specified in DoDI 1322.25, the 

responsible Service shall pay the entire 

amount charged by the institution. In 

computing credit equivalency, the 

following conversions shall apply: 1 

quarter-hour credit = 2⁄3 semester-hour 

credit; and 45 contact hours shall be 

considered equivalent to one semesterhour credit when neither semester- nor 

quarter-hours are specified for the 

education or training for which the 

Service member is enrolled. 

(B) When an institution’s charges 

exceed the per semester-hour of credit, 

or its equivalent limit as specified in 

DoDI 1322.25,the responsible Service 

shall pay no more than the specified 

limit per semester-unit for tuition and 

fees combined. 

(C) Each Service member participating 

in off-duty, voluntary education shall be 

allowed up to the fiscal year limit 

amount specified in DoDI 1322.25. 

(D) Covered charges include those 

that are submitted to the Service by the 

educational institution for tuition, 

instructional fees, laboratory fees, 

computer fees, and other fees directly 

related to the specific course enrollment 

of that member in that educational 

institution, are charged to all students, 

and 100 percent refundable. 

(E) TA funds are not to be used for the 

purchase of books. Additionally, 

institutional education revenue 

generated from military TA funds 

cannot be used to support textbook 

grants or scholarships. 

(F) To be eligible to receive TA, a 

Service member must meet the 

minimum requirement of successfully 

completing basic training. Reserve 

Component members are exempt from 

the requirement to first attend basic 

training before authorized to receive TA. 

Additional, respective Service 

requirements must be met to include 

training qualification, unit assignment, 

and time in service criteria. 

(iii) The TA rate, credit cap, and 

annual per capita ceiling, shall be 

reviewed periodically in consideration 

of inflation and other effects, and shall 

be applicable uniformly whether 

instruction is delivered traditionally inthe-classroom or through distance 

education. Rates of TA other than as 

identified in paragraphs (a)(2)(ii)(A) 

through (F) of this section are not 

authorized. 

(3) TA is available to a commissioned 

officer on active duty, other than an 

officer serving in the Ready Reserves 

(addressed in paragraphs (4)(i) and (5)(i) 

of this section), only if the officer agrees 

to remain on active duty, for a period of 

at least two years after the completion 

of the education or training for which 

TA was paid (see 10 U.S.C. 2007). 

(4) The Secretary of the Military 

Department concerned may only make 

TA available to a member of the 

SELRES, pursuant to 10 U.S.C. 2007, 

under the following conditions: 

(i) In the case of a commissioned 

officer, the officer must agree to remain 

a member of the SELRES for at least four 

years after completion of the education 

or training for which TA is paid. 

(ii) In the case of an enlisted member, 

the Secretary concerned may require the 

member of the SELRES to enter into an 

agreement to remain a member of the 

SELRES for up to four years after 

completion of the education or training 

for which TA is paid. 

(5) The Secretary of the Military 

Department concerned may only make 

TA available to a member of the IRR 

who has a military occupational 

specialty designated by the Secretary 

concerned pursuant to 10 U.S.C. 2007 

and only under the following 

conditions: 

(i) In the case of a commissioned 

officer, the officer must agree to remain 

a member of the SELRES or IRR for at 

least four years after completion of the 

education or training for which TA was 

paid. 

(ii) In the case of an enlisted member, 

the Secretary concerned may require the 

member of the IRR to enter into an 

agreement to remain a member of the 

IRR for up to four years after completion 

of the education or training for which 

TA is paid. 

(6) Members performing Active Guard 

and Reserve (AGR) duty under either 10 

U.S.C. 12310 or active duty under 14 

U.S.C. 712 are eligible for TA under 

paragraph (a)(4) of this section. 

(7) The Secretary of the Military 

Department concerned may make TA 

available to National Guard members in 

accordance with paragraph (a)(4), except 

for National Guard members assigned to 

the Inactive National Guard. 

(8) Reimbursement and repayment 

requirements: 

(i) If a commissioned officer or 

member of the RR does not fulfill a 

specified Service obligation as required 

by section 2007 of 10 U.S.C., they are 

subject to the repayment provisions of 

section 303a(e) of title 37 U.S.C. 

(ii) For other conditions pursuant to 

10 U.S.C. 2005, the Secretary concerned 

may require a Service member to enter 

into a written agreement when 

providing advanced education 

assistance. If the Service member does 

not fulfill any terms or conditions as 

prescribed by the Secretary concerned, 

the Service member will be subject to 

the repayment provisions of 37 U.S.C. 

303a(e). 

(iii) Pursuant to 37 U.S.C. 303a(e), the 

Secretary concerned may establish 

procedures for determining the amount 

of the repayment required from the 

Service member and the circumstances 

under which an exception to the 

required repayment may be granted. 

(iv) Reimbursement will be required 

from the Service member if a successful 

course completion is not obtained. For 

the purpose of reimbursement, a 

successful course completion is defined 

as a grade of ‘‘D’’ or higher for 

undergraduate courses, a ‘‘C’’ or higher 

for graduate courses and a ‘‘Pass’’ for 

‘‘Pass/Fail’’ grades. The Secretary of the 

Military Department will establish 

recoupment processes for unsuccessful 

completion of courses. 

(9) Students using TA must maintain 

a cumulative grade point average (GPA) 

of 2.0 or higher after completing 15 

semester hours, or equivalent, in 

undergraduate studies, or a GPA of 3.0 

or higher in graduate studies on a 4.0 

grading scale. 

(10) TA shall not be authorized for 

any course for which a Service member 

receives reimbursement in whole or in 


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72948 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

part from any other Federal source 

when the payment would constitute a 

duplication of benefits. Academic 

institutions have the responsibility to 

notify the Service if there is any 

duplication of benefits, determine the 

amount of credit that should be 

returned, and credit the amount back to 

the Service. The use of funds related to 

veterans’ benefits to supplement TA 

received by active duty and Reserve 

component personnel is authorized in 

accordance with applicable U.S. 

Department of Veterans Affairs 

guidelines. 

(11) Pell Grants may be used in 

conjunction with TA assistance, 

including their use to pay that portion 

of tuition costs not covered by TA. 

(12) TA shall be provided for courses 

provided by institutions awarding 

degrees based on demonstrated 

competency, if: 

(i) Competency rates are equated to 

semester or quarter units of credit, and 

(ii) The institution publishes 

traditional grade correlations with 

‘‘Pass/Fail’’ grades, and 

(iii) The institution provides a 

breakdown by course equivalent for 

Service members. 

(13) Enrollment in a professional 

practicum integral to these types of 

programs is also authorized. However, 

normal DoD TA caps and ceilings apply; 

the cost of expanded levels of 

enrollment over and above these 

enrollment levels and normal caps and 

ceilings must be borne by the student. 

(14) When used for postsecondary 

training or education, TA shall be 

provided only for courses offered by 

postsecondary institutions accredited by 

a national or regional accrediting body 

recognized by the U.S. Department of 

Education. 

(15) Sixty days following the 

publication of this part in the Federal 

Register, to receive TA, an institution’s 

home campus must be a signatory of the 

DoD Voluntary Education Partnership 

Memorandum of Understanding (MOU) 

in appendices A, B, C, D, and E to this 

part, and the MOU must be posted on 

the DoD Web site. One DoD Voluntary 

Education Partnership MOU with the 

institution’s home campus will cover 

any program offered by the institution, 

regardless of location. 

(16) To the extent that any provision 

of the standard language of the DoD 

Voluntary Education Partnership MOU 

template in appendices A, B, C, D, and 

E to this part, results from DoD policy 

that conflicts with a state law or 

regulation, the DASD(MCFP) may 

authorize amending the standard 

language of the DoD Voluntary 

Education Partnership MOU template 

on a case-by-case basis to the extent 

permissible by Federal law or 

regulation. 

(b) Guidelines for establishing, 

maintaining, and operating voluntary 

education programs. (1) Education 

programs established under this part by 

each Military Service shall: 

(i) Provide for the academic, 

technical, intellectual, personal, and 

professional development of Service 

members, thereby contributing to the 

readiness of the Military Services and 

the quality of life of Service members 

and their families. 

(ii) Increase Service members’ 

opportunities for advancement and 

leadership by reinforcing their academic 

skills and occupational competencies 

with new skills and knowledge. 

(iii) Lead to a credential, such as a 

high school diploma, certificate, or 

college degree, signifying satisfactory 

completion of the educational program. 

(iv) Include an academic skills 

program, which allows personnel to 

upgrade their reading, writing, 

computation, and communication 

abilities in support of academic skills 

and military occupations and careers. 

Academic skills programs may include 

English as a Second Language and basic 

science. 

(v) Include programs and college 

offerings that support findings from 

periodic needs assessments conducted 

by the appropriate installation official 

(normally the Education Services 

Officer) for programs provided on the 

installation. The installation needs 

assessment process is used to determine 

such items as staffing requirements, 

course offerings, size of facilities, 

funding, or other standards for delivery 

of educational programs. Duplication of 

course offerings on an installation 

should be avoided. However, the 

availability of similar courses through 

correspondence or electronic delivery 

shall not be considered duplication. 

(vi) Be described in a publication or 

on-line source that includes oninstallation educational programs, 

programs available at nearby 

installations, and colleges and 

universities nearby the installation. 

(2) Each Military Service, in 

cooperation with community 

educational service providers, shall 

provide support essential to operating 

effective education programs. This 

support includes: 

(i) Adequate funds for program 

implementation, administration, and 

TA. 

(ii) Adequately trained staff to 

determine program needs, counsel 

students, provide testing services, and 

procure educational programs and 

services. 

(iii) Adequate and appropriate 

classroom, laboratory, and office 

facilities and equipment, including 

computers. 

(iv) Access to telecommunications 

networks, computers, and libraries at 

times convenient to active duty 

personnel. 

(3) In operating its programs, each 

Military Service shall: 

(i) Provide to newly assigned 

personnel, as part of their orientation to 

each new installation or unit of 

assignment for Reserve component 

personnel, information about voluntary 

education programs available at that 

installation, unit, or State for RC 

personnel. 

(ii) Maintain participants’ educational 

records showing education 

accomplishments and educational goals. 

(iii) Provide for the continuing 

professional development of their 

education services staff, including the 

participation of field staff in 

professional, as well as Servicesponsored, conferences, symposiums, 

and workshops. 

(iv) Provide educational services, 

including TA counseling, academic 

advice and testing to their personnel 

and to personnel of other Services 

(including the U.S. Coast Guard when 

operating as a service in the Navy) who 

are assigned for duty at installations of 

the host Service. 

(v) Continually assess the state of its 

voluntary education programs and 

periodically conduct a formal needs 

assessment by the appropriate 

installation official (normally the 

Education Services Officer) to ensure 

that the best possible programs are 

available to their members at each 

installation or in their State or area 

command for RC personnel. It is 

essential that a formal needs assessment 

be conducted if there is a significant 

change in the demographic profile of the 

installation population. 

(4) Eligible adult family members of 

Service members, DoD civilian 

employees and their eligible adult 

family members, and military retirees 

may participate in installation 

postsecondary education programs on a 

space-available basis at no cost to the 

individual Service TA programs. 

(5) At locations where an educational 

program that is offered on an 

installation is not otherwise 

conveniently available outside the 

installation, civilians who are not 

directly employed by the DoD or other 

Federal agencies, and who are not 

eligible adult family members of DoD 

personnel, may be allowed to 


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participate in installation educational 

programs. While such participation 

contributes to positive community 

relations, participation must be on a 

student-funded, space-available basis at 

no cost to the individual Service TA 

programs, after the registration of 

Service members, DoD civilian 

employees, eligible adult family 

members, and military retirees. 

Additionally, a review of these potential 

participants by the relevant installation 

ethics counselor may be required as part 

of the installation commander’s access 

requirements if the educational 

institution has been approved to operate 

on the base. Participation may also be 

subject to the terms of status-of-forces or 

other regulating agreements. 

(6) Education centers and Navy 

College offices shall maintain liaison 

with appropriate State planning and 

approving agencies and coordinating 

councils to ensure that planning 

agencies for continuing, adult, or 

postsecondary education are aware of 

the educational needs of military 

personnel located within their 

jurisdiction. 

(7) In supporting a high school 

completion program, each Military 

Service shall: 

(i) Ensure that all Service members 

with less than a high school education 

have the opportunity to attain a high 

school diploma or its equivalent. 

(ii) Ensure that neither a Military 

Service nor DANTES issues a certificate 

or similar document to Service members 

based on performance on high school 

equivalency tests. Military Services 

shall recognize attainment of high 

school completion or equivalency only 

after a State- or territory-approved 

agency has awarded the appropriate 

credential. 

(iii) Pay 100 percent of the cost of 

high school equivalency instruction or 

proficiency testing and credentialing for 

Service members. 

(iv) Ensure that Service sponsored 

high school diploma programs are 

delivered by institutions that are 

accredited by a regional accrediting 

body or recognized by a State’s 

secondary school authority. 

(c) Procedures for obtaining voluntary 

education programs and services on 

military installations. (1) Educational 

institutions interested in providing 

education and training opportunities on 

a military installation will provide their 

proposals to the installation education 

advisor, who will review and analyze 

these proposals on behalf of the 

installation commander. 

(2) To obtain viable educational 

programs on a military installation, the 

installation education advisor shall 

communicate the installation’s 

educational needs to a wide variety of 

potential providers. 

(3) A military installation seeking to 

obtain educational programs shall 

provide to interested providers: 

(i) The level of instruction desired 

and specific degree programs being 

sought. 

(ii) A demographic profile of the 

installation population and probable 

volume of participation in the program. 

(iii) Facilities (availability of space), 

equipment, supporting services that the 

installation will provide without charge, 

and level of security that can be 

expected. 

(iv) A copy of this part. 

(v) Special requirements such as: 

(A) Format (e.g., distance, evening, or 

weekend classes), independent study, 

short seminar, or other mode of delivery 

of instruction. 

(B) Unique scheduling problems 

related to the operational mission of the 

installation. 

(C) Any installation restrictions, 

limitations, or special considerations 

relevant to using an alternate delivery 

system (DL, etc.). 

(D) Available computer hardware and 

supporting equipment. 

(E) Electrical, satellite, and network 

capabilities at the site. 

(5) A Military Service considering an 

alternate delivery provider shall 

ascertain: 

(i) If students will need special 

training or orientation for special 

courses or programs or for alternate 

delivery methods (DL, etc.) and, if so, 

how students will receive such 

orientation. 

(ii) What electronic equipment and 

technical support are necessary at local 

sites. 

(iii) If it will be necessary to have onsite facilitators. 

(6) In evaluating proposals, potential 

providers must meet, at a minimum, the 

following criteria: 

(i) Programs satisfy objectives defined 

by the most recent needs assessment. 

(ii) Programs, courses, and completion 

requirements are the same as those at 

the provider’s main administrative and 

academic campus. 

(iii) The institution granting 

undergraduate academic credit must 

adhere to the Servicemembers 

Opportunity Colleges (SOC) Consortium 

Principles and Criteria (available at 

http://www.soc.aascu.org/ 

socconsortium/PublicationsSOC.html) 

regarding the transferability of credit 

and the awarding of credit for military 

training and experience. 

(iv) The provider is prepared to offer 

academic counseling and flexibility in 

accommodating special military 

schedules. 

(v) Institutions agree to sign the DoD 

Voluntary Education Partnership MOU. 

(7) In evaluating proposals, potential 

alternative delivery providers must 

meet, at a minimum, the following 

additional criteria: 

(i) Documentation shows that courses 

offered using the alternative delivery 

mode have been used successfully for at 

least two years. 

(ii) The program and delivery method 

address the needs of the population to 

be served. 

(iii) Support systems exist to back up 

the delivery method. 

(iv) Institutions agree to sign the DoD 

Voluntary Education Partnership MOU. 

(8) In establishing education programs 

on military installations, appropriate 

U.S. Government officials shall seek 

favorable tuition rates, student services, 

and instructional support from 

providers. 

(d) Minimum criteria for selecting 

institutions to deliver higher education 

programs and services on military 

installations. To be selected, institutions 

must: 

(1) Be chartered or licensed by a State 

government or the Federal Government, 

and have State approval for the use of 

veterans’ educational benefits for the 

courses to be offered. 

(2) Be accredited by a national or 

regional accrediting agency recognized 

by the U.S. Department of Education. 

(3) Conduct programs only from 

among those offered or authorized by 

the main administrative and academic 

office in accordance with standard 

procedures for authorization of degree 

programs by the institution. 

(4) Ensure main administrative and 

academic office approval in faculty 

selection, assignment, and orientation; 

and participation in monitoring and 

evaluation of programs. Adjunct or parttime faculty shall possess comparable 

qualifications as full-time permanent 

faculty members. 

(5) Conduct on-installation courses 

that carry identical credit values, 

represent the same content and 

experience, and use the same student 

evaluation procedures as courses offered 

through the main administrative and 

academic campus. 

(6) Maintain the same admission and 

graduation standards that exist for the 

same programs at the main 

administrative and academic office, and 

include credits from courses taken offcampus in establishing academic 

residency to meet degree requirements. 

(7) Provide library and other reference 

and research resources, in either print or 

electronic format, that are appropriate 


srobinson on DSK4SPTVN1PROD with 
72950 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

1For copies of this MOU or information on the 

Troops-to-Teachers Program, email: ttt@navy.mil or 

call 1–800–231–6242. 

and necessary to support course 

offerings. 

(8) Establish procedures to maintain 

regular communication between central 

institutional academic leadership and 

administrators and off-campus 

representatives and faculty. (Any 

institution’s proposal must specify these 

procedures.) 

(9) Provide students with regular and 

accessible counseling services either 

electronically or in-person. 

(10) Charge tuition and fees that are 

not more than those charged to 

nonmilitary students. 

(11) Have established policies for 

awarding credit for military training by 

examinations, experiential learning, and 

courses completed using modes of 

delivery other than instructor-delivered, 

on-site classroom instruction. 

(e) Interservice Voluntary Education 

Board. Under the authority, direction, 

and control of the Voluntary Education 

Chief within the Office of the 

DASD(MCFP), the Interservice 

Voluntary Education Board is composed 

of full-time or permanent part-time 

employees of DoD or military members, 

and consists of one representative 

responsible for policy from the Office of 

the ASD(RA), and one representative 

responsible for policy each from the 

Army, Navy, Air Force, and Marine 

Corps. The Director, DANTES, shall 

serve as an ex-officio member. Meeting 

quarterly, the Board shall: 

(1) Provide a forum for the exchange 

of information and discussion of issues 

related to voluntary education 

programs. 

(2) Develop recommendations for 

changes in policies and procedures. 

(3) Develop recommendations for 

DANTES’ activities and operations that 

support voluntary education programs. 

(4) Review and prioritize DANTES 

activities that support DoD voluntary 

education programs, to include budget 

execution and recommend execution 

year adjustments. 

(5) Develop recommended policy and 

program guidance for DANTES for the 

Five-Year Defense Plan. 

(f) DANTES. (1) Guidance and 

recommendations for DANTES shall be 

developed with the advice of the 

Interservice Voluntary Education Board. 

(2) The selection and rating of the 

Director, DANTES shall be as follows: 

(i) The DASD(MCFP) will convene 

and chair the search committee 

responsible for replacing the Director, 

DANTES, when the position is vacated. 

At the request of the USD(P&R), the 

Secretaries of the Military Departments 

will provide a senior manager to sit on 

the search committee. The committee 

will recommend the best qualified 

candidate to the Secretary of the Navy, 

as the DoD EA for DANTES, for possible 

appointment as the Director, DANTES. 

(ii) The DoD EA for DANTES will 

designate the rater of the Director, 

DANTES. The Director, State Liaison 

and Educational Opportunity within the 

Office of the USD(P&R), MCFP, will 

provide input to the DoD EA designated 

rater concerning the performance of the 

Director, DANTES. 

(3) DANTES shall: 

(i) Develop, update, maintain and 

generate a registry of, and required 

reports pertaining to, MOUs of 

institutions approved to receive military 

TA for traditional and DL programs and 

courses. 

(ii) Support the Service voluntary 

education programs by executing the 

program outlined in this part and the 

annual USD(P&R) guidance. 

(iii) Provide execution information to 

the Interservice Voluntary Education 

Board quarterly and provide 

information required to assist with the 

program objective memorandum 

development as requested by the Board. 

(iv) Support DoD off-duty, voluntary 

education programs and conduct special 

projects and developmental activities in 

support of education-related DoD 

functions. 

(v) Assist the Military Services in 

providing high-quality and valuable 

educational opportunities for Service 

members, their eligible adult family 

members, and DoD personnel, and assist 

personnel in achieving professional and 

personal educational objectives. This 

role includes the consolidated 

management of programs that prevent 

duplication of effort among the Services. 

Through its activities, DANTES 

supports DoD recruitment, retention, 

and the transition efforts. 

(vi) Assume responsibilities and 

functions that include: 

(A) Managing and facilitating the 

delivery of a wide variety of 

examinations including the General 

Equivalency Diploma test, college 

admissions, credit-by-examination 

programs, and an extensive number of 

certification examinations. 

(B) Upon request, issuing transcripts 

for the United States Armed Forces 

Institute and the examination and 

certification programs. 

(C) Managing the contract through 

which former DoD Dependents Schools 

students can obtain copies of archived 

transcripts. 

(D) Managing the contract and 

functions related to the evaluation of 

educational experiences in the Military 

Services that are covered by the 

contract. 

(E) Providing or developing and 

distributing educational materials, 

reference books, counseling 

publications, educational software, and 

key educational resource information to 

DoD, the Military Services, and the 

installations. 

(F) Managing the SOC program 

contract and related functions. 

(G) Managing the DoD contract that 

provides for periodic third-party 

reviews of DoD voluntary education 

programs (i.e., Military Voluntary 

Education Review (MVER)). 

(H) Managing the voluntary education 

programs for the Voluntary Education 

Management Information System, which 

includes gathering, collating, and 

verifying participation and cost data 

from the Services. Providing requisite 

consolidated reports to USD(P&R), 

pursuant DoD Instruction 1322.9 (see 

http://www.dtic.mil/whs/directives/ 

corres/pdf/132209p.pdf). 

(I) Establishing, maintaining, and 

updating systems and processes to 

administer, track, process updates to, 

and generate reports from the centrally 

managed DoD Voluntary Education 

Partnership Memorandums of 

Understanding (MOUs) between DoD 

and institutions offering coursework to 

military personnel and their eligible 

adult family members, as specified in 

appendices A, B, C, D, and E to this 

part. 

(J) Managing the DoD independent 

study catalog and its support systems, as 

required. 

(K) Negotiating, administering, and 

coordinating contracts for DoD 

Worldwide Education Symposiums in 

support of and in conjunction with the 

Interservice Voluntary Education Board. 

(L) Establishing, refining, updating, 

and maintaining a DoD voluntary 

education presence on the Internet. 

Maintaining necessary infrastructure to 

ensure that information on the Internet 

is always current and available to 

leadership, agency personnel, the 

public, and others. 

(M) Administering the TTT program 

in accordance with the TTT MOU 

negotiated by DoD with the Department 

of Education.1

(N) Monitoring new technological 

developments, providing reports, cost 

analyses, and recommendations on 

educational innovations, and 

conducting special projects requested by 

the Department of Defense and the 

Services, approved by the Interservice 

Voluntary Education Board, and as 

reflected and approved in DANTES’ 

annual policy guidance. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72951 

(O) Conducting staff development 

training on DANTES’ policies, 

procedures, and practices related to 

voluntary education testing programs, 

and providing additional training as 

requested by the Office of the Secretary 

of Defense and the Services. 

(P) Serving as the Defense Media 

Activity’s point of contact for 

information on DANTES programs for 

military personnel. 

(Q) Providing support, as requested, 

to DoD and Service Quality of Life and 

Transition support programs. 

(R) Providing other support in 

mission areas as directed by the 

USD(P&R) and the DASD(MCFP). 

(vii) Maintain liaison with education 

services officials of the Military 

Services, and appropriate Federal and 

State agencies and educational 

associations, in matters related to the 

DANTES mission and assigned 

functions. 

(viii) Serve on panels and working 

groups designated by the DASD(MCFP). 

(ix) Serve as the Executive Secretary 

at the Interservice Voluntary Education 

Board meeting convened annually to 

review DANTES programs and to 

develop recommendations for inclusion 

in annual policy guidance for DANTES. 

In this role, the Director, DANTES, shall 

coordinate the meeting, prepare the 

agenda, review and analyze DANTES 

programs and initiatives outlined in the 

prior year’s operational plan, and 

provide minutes after the meeting. 

(x) Maintain the repository for the 

DoD Voluntary Education Partnership 

MOU between USD(P&R) and partner 

institutions, to include Service-specific 

addendums. DANTES shall: 

(A) Administer the system that stores 

the repository of the MOUs per 

guidance from USD(P&R). 

(B) Create and maintain a database for 

all signed documents. 

(C) Publish an Internet-based list of all 

institutions that have signed partnership 

agreements. 

(xi) Provide data analyses and 

generate reports required by DoD and 

the Interservice Voluntary Education 

Board as needed. 

Appendix A to Part 68—DOD Voluntary 

Education Partnership Memorandum of 

Understanding (MOU) Between DoD 

Office of the Under Secretary of Defense 

for Personnel and Readiness 

(USD(P&R)) and [Name of Educational 

Institution] 

1. Preamble. 

a. Providing access to quality 

postsecondary education opportunities is a 

strategic investment that enhances the U.S. 

Service member’s ability to support mission 

accomplishment and successfully return to 

civilian life. A forward-leaning, lifelong 

learning environment is fundamental to the 

maintenance of a mentally powerful and 

adaptive leadership-ready force. Today’s fastpaced and highly mobile environment, where 

frequent deployments and mobilizations are 

required to support the Nation’s policies and 

objectives, requires DoD to sponsor 

postsecondary educational programs using a 

variety of learning modalities that include 

instructor-led courses offered both on- and 

off-installation, as well as distance learning 

options. All are designed to support the 

professional and personal development and 

progress of the Service members and our DoD 

civilian workforce. 

b. Making these postsecondary programs 

available to the military community as a 

whole further provides Service members, 

their eligible adult family members, DoD 

civilian employees, and military retirees 

ways to advance their personal education 

and career aspirations and prepares them for 

future career and technical pursuits, both 

inside and outside of DoD. This helps 

strengthen the Nation by producing a welleducated citizenry and ensures the 

availability of a significant quality-of-life 

asset that enhances recruitment and retention 

efforts in an all-volunteer force. 

2. Purpose. 

a. This MOU articulates the commitment 

and agreement educational institutions 

provide to DoD by accepting funds via each 

Service’s tuition assistance (TA) program in 

exchange for education services. 

b. This MOU is not an obligation of funds, 

guarantee of program enrollments by DoD 

personnel, their eligible adult family 

members, DoD civilian employees, and 

retirees in an educational institution’s 

academic programs, or a guarantee for 

installation access. 

c. This MOU covers courses delivered by 

educational institutions through all 

modalities. These include, but are not limited 

to, classroom instruction, distance education 

(i.e., web-based, CD–ROM, or multimedia) 

and correspondence courses. 

d. This MOU includes high school 

programs, academic skills programs, and 

adult education programs for military 

personnel and their eligible adult family 

members. 

e. This MOU articulates regulatory and 

governing directives and instructions: 

(1) Eligibility of DoD recipients is governed 

by federal law, DoD Instruction 1322.25, DoD 

Directive 1322.08E, and the cognizant 

Military Service’s policies, regulations, and 

fiscal constraints. 

(2) Postsecondary educational programs 

provided to Service members using TA on 

military installations outside of the United 

States, shall be operated in accordance with 

guidance from DoD Instruction 1322.25, DoD 

Instruction 1322.19, section 1212 of Public 

Law 99–145, as amended by section 518 of 

Public Law 101–189; and under the terms of 

the Tri-Services contract currently in effect. 

f. This MOU is subject at all times to 

Federal law and the rules, guidelines, and 

regulations of DoD. Any conflicts between 

this MOU and such Federal law, rules, 

guidelines, and regulations will be resolved 

in favor of the Federal law, rules, guidelines, 

or regulations. 

3. Educational Institution (Including 

Certificate and Degree Granting Educational 

Institutions) Requirements for TA. 

Educational institutions must: 

a. Sign and adhere to requirements of this 

MOU, including Service-specific addendums 

as appropriate, prior to being eligible to 

receive TA payments. 

(1) Those educational institutions that have 

a current MOU with DoD will sign this MOU: 

(a) At the expiration of their current MOU; 

(b) In accordance with the provisions of 

paragraph 6.f.; or 

(c) At the request of DoD or the specific 

Military Service holding a separate current 

MOU. The DoD Voluntary Education 

Partnership MOU (which includes the 

Service-specific addendums) is required for 

an institution to participate in the DoD TA 

Program. An ‘‘installation MOU’’ (which is 

separate from this MOU) is only required if 

an institution is operating on a military 

installation. The installation MOU: 

1. Contains the installation-unique 

requirements that the installation’s education 

advisor coordinated, documented, and 

retained; is approved by the appropriate 

Service voluntary education representative; 

and is presented to the installation 

commander for final approval. 

2. Cannot conflict with the DoD Voluntary 

Education Partnership MOU and governing 

regulations. 

(2) Educational institutions must comply 

with this MOU and the requirements in 

Service-specific addendums that do not 

conflict with governing Federal law and 

rules, guidelines, and regulations, which 

include, but are not limited to, Title 10 of the 

U.S. Code; DoD Directive 1322.08E, 

‘‘Voluntary Education Programs for Military 

Personnel’’; DoD Instruction 1322.25, 

‘‘Voluntary Education Programs’’; DoD 

Instruction 1322.9, ‘‘Voluntary Education 

Programs for Military Personnel-Management 

Information System’’; DoD Instruction 

1322.19, ‘‘Voluntary Education Programs in 

Overseas Areas’’; and all installation 

requirements imposed by the installation 

commander, if the educational institution has 

been approved to operate on a particular 

base. Educational institutions failing to 

comply with the requirements set forth in 

this MOU may receive a letter of warning, be 

denied the opportunity to establish new 

programs, have their MOU terminated, be 

removed from the installation, and may have 

the approval of the issuance of TA 

withdrawn by the Service concerned. 

b. Be accredited by a national or regional 

accrediting agency recognized by the U.S. 

Department of Education. 

c. Comply with the regulatory guidance 

provided by DoD and the Services. 

d. Participate in the Military Voluntary 

Education Review (MVER) process when 

requested. This requirement applies not only 

to institutions providing courses on military 

installations, but also to those institutions 

that provide postsecondary instruction that is 

not located on the military installation or via 

DL. 

e. If the institution is a member of the 

Servicemembers Opportunity Colleges (SOC), 

the institution shall: 

(1) Adhere to the SOC Consortium 

Principles, Criteria, and Military Student Bill 


srobinson on DSK4SPTVN1PROD with 
72952 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

of Rights. (located at http://www.soc.aascu.

org/socconsortium/PublicationsSOC.html). 

(2) Provide processes to determine credit 

awards and learning acquired for specialized 

military training and occupational 

experience when applicable to a Service 

member’s degree program. 

(3) Recognize and use the American 

Council on Education (ACE) Guide to the 

Evaluation of Educational Experiences in the 

Armed Services to determine the value of 

learning acquired in military service. Award 

credit for appropriate learning acquired in 

military service at levels consistent with ACE 

Guide recommendations and/or those 

transcripted by the Community College of the 

Air Force, when applicable to a Service 

member’s program. 

f. If an institution elects not to be a member 

of SOC, the institution shall: 

(1) Disclose its transfer credit policies prior 

to a Service member’s enrollment. 

(a) If the institution accepts transfer credit 

from other accredited institutions, then the 

institution agrees to evaluate these credits in 

conformity with the principles set forth in 

the Joint Statement on the Transfer and 

Award of Credit developed by members of 

the American Association of Collegiate 

Registrars and Admissions Officers, the 

American Council on Education, and the 

Council for Higher Education Accreditation. 

The institution will then award appropriate 

credit, to the extent practicable within the 

framework of its institutional mission and 

academic policies. 

(b) Decisions about the amount of transfer 

credit accepted, and how it will be applied 

to the student’s program, shall be left to the 

institution. 

(2) Disclose its policies on how they award 

academic credit for prior learning 

experiences, including military training and 

experiential learning opportunities provided 

by the Military Services, at or before a 

Service member’s enrollment. 

(a) In so far as the institution’s policies 

generally permit for the award of credit for 

comparable prior learning experiences, the 

institution agrees to evaluate the learning 

experiences documented on the Service 

member’s official Service transcripts, and, if 

appropriate, award credit. 

(b) The official Service transcripts for 

military training and experience 

documentation are: Army/ACE Registry 

Transcript System, the Sailor/Marine ACE 

Registry Transcript System, the Community 

College of the Air Force transcript, and the 

Coast Guard Institute transcript. 

(c) If general policy permits, transfer credit 

may: 

1. Replace a required course within the 

major; 

2. Apply as an optional course within the 

major; 

3. Apply as a general elective; 

4. Apply as a basic degree requirement; or 

5. Waive a prerequisite. 

(d) Decisions about the amount of 

experiential learning credit awarded, and 

how it will be applied to the student’s 

program, shall be left to the institution. Once 

an institution has evaluated a particular 

military training or experiential learning 

opportunity for a given program, the 

institution may rely on its prior evaluation to 

make future decisions about awarding credit 

to Service members with the same military 

training and experience documentation, 

provided that the course content has not 

changed. 

(3) Disclose to Service members any 

academic residency requirements pertaining 

to the student’s program of study, including 

total and any final year or final semester 

residency requirement at or before the time 

the student enrolls in the program. 

(4) Disclose basic information about the 

institution’s programs and costs, including 

tuition, fees, and other charges to the Service 

member. This information shall be made 

readily accessible without requiring the 

Service member to disclose any personal or 

contact information. 

(5) Prior to enrollment, provide Service 

members access to an institutional financial 

aid advisor who will provide a clear and 

complete explanation of available financial 

aid, to include Title IV of the Higher 

Education Act of 1965, as amended, and 

appropriate loan counseling before offering, 

recommending, or signing up a student for a 

loan. 

(6) Prior to enrollment, provide Service 

members with information on institutional 

‘‘drop/add,’’ withdrawal, and readmission 

policies and procedures to include 

information on the potential impact of 

military duties (such as unanticipated 

deployments or mobilization, activation, and 

temporary duty assignments) on the student’s 

academic standing and financial 

responsibilities. For example, a Service 

member’s military duties may require 

relocation to an area where he or she is 

unable to maintain consistent computer 

connectivity with the institution, which 

could have implications for the Service 

member’s enrollment status. This 

information will also include an explanation 

of the institution’s grievance policy and 

process. 

(7) Conduct academic screening and 

competency testing; make course placement 

based on student readiness. 

(8) Designate a person or office at the 

institution that will serve as a point of 

contact for Service members seeking 

information about available, appropriate 

academic counseling, financial aid 

counseling, and student support services at 

the institution. The point of contact: 

(a) Shall have a basic understanding of the 

military tuition assistance program and 

veterans’ education benefits, and a familiarity 

with institutional services available to assist 

Service members. 

(b) Does not need to be exclusively 

dedicated to providing these services and, as 

appropriate, may refer the Service member to 

other individuals, both on and off-campus, 

with an ability to provide these services. 

g. Adopt an institutional policy banning 

inducements (including any gratuity, favor, 

discount, entertainment, hospitality, loan, 

transportation, lodging, meals, or other item 

having a monetary value of more than a de 

minimus amount) to any individual or entity 

(other than salaries paid to employees or fees 

paid to contractors in conformity with all 

applicable laws) for the purpose of securing 

enrollments of Service members or obtaining 

access to TA funds as part of efforts to 

eliminate aggressive marketing aimed at 

Service members. 

h. Refrain from high-pressure recruitment 

tactics as part of efforts to eliminate 

aggressive marketing aimed at Service 

members. Such tactics include making 

multiple unsolicited phone calls to Service 

members for the purpose of securing their 

enrollment. 

i. Refrain from providing any commission, 

bonus, or other incentive payment based 

directly or indirectly on securing enrollments 

or Federal financial aid (including TA funds) 

to any persons or entities engaged in any 

student recruiting, admission activities, or 

making decisions regarding the award of 

student financial assistance. These tactics as 

discouraged as part of efforts to eliminate 

aggressive marketing aimed at Service 

members. 

4. TA Program Requirements for 

Educational Institutions. 

a. One Single Tuition Rate. All Service 

members attending the same institution, at 

the same location, enrolled in the same 

course, will be charged the same tuition rate 

without regard to their Service component. 

This single tuition rate includes active duty 

Service members and the National Guard and 

Reservists who are activated under Title 10 

and using Title 10 Military Tuition 

Assistance, in order to assure that tuition rate 

distinctions are not made based on the 

Service members’ branches of Service. 

(1) It is understood tuition rates may vary 

by mode of delivery (traditional or online), at 

the differing degree levels and programs, and 

residency designations (in-state or out-ofstate). Tuition rates may also vary based on 

full-time or part-time status, daytime vs. 

evening classes, or matriculation date, such 

as in the case of a guaranteed tuition 

program. 

(2) It is also understood that some States 

have mandated State rates for Guard and 

Reservists within the State. (Those Guard and 

Reservists not activated on title 10, U.S. Code 

orders). 

b. Course Enrollment Information. The 

educational institutions will provide course 

enrollment, course withdrawal, course 

cancellation, course completion or failure, 

grade, verification of degree completion, and 

billing information to the TA issuing 

Service’s education office, as outlined in the 

Service’s regulations and instructions. 

(1) Under section 1232g of title 20, United 

States Code (also known as ‘‘The Family 

Educational Rights and Privacy Act’’ and 

hereinafter referred to as ‘‘FERPA’’), DoD 

recognizes that institutions are required to 

obtain consent before sharing personally 

identifiable non-directory information with a 

third party. Service members must authorize 

the institutions to release and forward course 

enrollment information required in 4.b. to 

DoD prior to approval of course enrollment 

using tuition assistance. 

(2) If an institution wants to ensure 

confidentiality during the transmission of 

data to the third party, then the institution 

can contact the appropriate Service TA 

management point of contact to discuss 

security and confidentiality concerns prior to 

transmitting information. 


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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72953 

c. Degree Requirements and Evaluated 

Education Plans. 

(1) Institutions will disclose general degree 

requirements for the Service member’s 

educational program (education plan) to the 

member and his or her Service. These 

requirements, typically articulated in the 

institution’s course catalog, should: 

(a) Include the total number of credits 

needed for graduation. 

(b) Divide the coursework students must 

complete in accordance with institutional 

academic policies into general education, 

required, and elective courses. 

(c) Articulate any additional departmental 

or graduate academic requirements, such as 

satisfying institutional and major field grade 

point average requirements, a passing grade 

in any comprehensive exams, or completion 

of a thesis or dissertation. 

(2) In addition to providing degree 

requirements, the institution shall provide to 

Service members who have previous 

coursework from other accredited 

institutions and relevant military training 

and experiential learning an evaluated 

educational plan that indicates how many, if 

any, transfer credits it intends to award and 

how these will be applied toward the Service 

member’s educational program. The 

evaluated educational plan will be provided 

within 60 days after the individual has 

selected a degree program and all required 

official transcripts have been received. 

(3) When a Service member changes his or 

her educational goal or major at the attending 

school and the Services’ education advisor 

approves the change, then the institution will 

provide a new evaluated educational plan to 

the Service member and the Service. Only 

courses listed in the Service member’s 

education plan will be approved for TA. 

(4) Degree requirements in effect at the 

time of each Service member’s enrollment 

will remain in effect for a period of at least 

one year beyond the program’s standard 

length, provided the Service member is in 

good academic standing and has been 

continuously enrolled or received an 

approved academic leave of absence. 

Adjustments to degree requirements may be 

made as a result of formal changes to 

academic policy pursuant to institutional or 

departmental determination, provided that: 

(a) They go into effect at least two years 

after affected students have been notified; or 

(b) In instances when courses or programs 

are no longer available or changes have been 

mandated by a State or accrediting body, the 

institution shall work with affected Service 

members to identify substitutions that would 

not hinder the student from graduating in a 

timely manner. 

d. Approved and TA Eligible Courses. 

(1) Approved Courses. If an eligible Service 

member decides to use TA, educational 

institutions will enroll him or her only after 

the TA is approved by the individual’s 

Service. Service members will be solely 

responsible for all tuition costs without this 

prior approval. This requirement does not 

prohibit an educational institution from preregistering a Service member in a course in 

order to secure a slot in the course. If a 

school enrolls the Service member before the 

appropriate Service approves Military TA, 

then the Service member could be 

responsible for the tuition. All Military TA 

must be requested and approved prior to the 

start date of the course. The Military TA is 

approved on a course-by-course basis and 

only for the specific course(s) and class dates 

that a Service member requests. If a military 

student ‘‘self-identifies’’ their eligibility and 

the Service has not approved the funding, 

then the Service member will be solely 

responsible for all tuition costs, not the 

Service. 

(2) TA Eligible Courses. Courses shall be 

considered eligible for TA if they are: 

(a) Part of an individual’s evaluated 

educational plan; or 

(b) Prerequisites for courses within the 

individual’s evaluated educational plan; or 

(c) Required for acceptance into a higherlevel degree program, unless otherwise 

specified by Service regulations. 

e. Use of Financial Aid with TA. 

(1) ‘‘Top-Up’’ eligible active duty DoD 

personnel may use this Montgomery or Post9/11 G.I. Bill benefit in conjunction with TA 

funds from their Service to cover those 

course costs to the Service member that 

exceed the amount of TA paid by his or her 

Service. Reserve Component members who 

have paid for Chapter 30 G.I. Bill benefits 

may use those benefits concurrently with TA. 

Reserve Component members who have 

earned entitlement for the Post-9/11 G.I., Bill 

may combine VA benefits and TA as long as 

the combined benefits do not total more than 

100 percent of the actual costs of tuition and 

fees. 

(2) DoD personnel are entitled to 

consideration for all forms of financial aid 

that educational institutions make available 

to students at their home campus. 

Educational institution financial aid officers 

shall provide information and application 

processes for scholarships, fellowships, 

grants, loans, etc., to DoD TA recipients. 

(3) Service members identified as eligible 

DoD TA recipients, who qualify for Pell 

Grants through the Department of 

Education’s student aid program, shall have 

their TA benefits applied to their educational 

institution’s account prior to the application 

of their Pell Grant funds to their account. 

Unlike TA funds, which are tuitionrestricted, Pell Grant funds are not tuitionrestricted and may be applied to other 

allowable charges on the account. 

f. Administration of Tuition and Fees. 

(1) The Services will provide TA in 

accordance with DoD- and Serviceappropriate regulations. Any additional fees 

will be paid by the Service member to the 

institution at the time of registration in 

accordance with the institution’s policy. 

(2) TA will be limited to tuition and 

reimbursable fees that are specifically 

required as a condition of enrollment in a 

particular course or term of enrollment of the 

Service member in that educational 

institution, are charged to all students and 

are refundable to the same extent as tuition 

in accordance with the institution’s tuition 

refund policy. At a minimum, tuition and 

fees must be 100 percent refundable up until 

the start of the course. 

(3) Tuition charged to a Service member 

will in no case exceed the rate charged to 

nonmilitary students, unless agreed upon in 

writing by both the institution and the 

Service. 

(4) Institutions shall provide their tuition 

and fee charges for each degree program to 

the Services on an annual basis. Any changes 

in the tuition and fee charges will be 

provided to and justified to all the Services, 

as soon as possible, but not fewer than 90 

days prior to implementation. If the MOU is 

with a single educational institution, at a 

single location, with only one Service, the 

justification will be provided to that Service, 

which will then provide that information to 

the other Services. 

(a) Tuition and fees at many public 

institutions are established by entities over 

which they have no jurisdiction, such as 

State legislatures and boards. As such, in 

some instances tuition and fees decisions 

will not be made within the 90-day 

requirement window. 

(b) When this happens, the institution 

should request a waiver (via the DoD MOU 

Web page) and provide the Services with the 

new tuition and fee charges. This will ensure 

the correct rates are applied when a Service 

member requests tuition and fees to attend 

the State institution. 

(5) Refunds of Government-funded TA will 

be paid in accordance with the institution’s 

published refund policy and will go to the 

Service, not to the Service member. 

(6) The institution will refund to the 

Service the total amount of tuition and fees 

paid for a course that is cancelled by the 

institution. 

(7) TA invoicing information is located in 

the Service-specific addendums attached to 

this MOU. 

g. Course Cancellations. Institutions are 

responsible for notifying Service members of 

class cancellations for both classroom and DL 

courses. 

h. Materials and Electronic Accessibility. 

(1) Institutions will ensure that course 

materials are readily available, either 

electronically or in print medium, and 

provide information about where the student 

may obtain class materials at the time of 

enrollment or registration. 

(2) Institutional representatives shall 

refrain from encouraging or requiring 

students to purchase course materials prior to 

confirmation of sufficient enrollments to 

conduct the class. Students will be 

encouraged to verify course acceptance by 

CCAF (Air Force only) or other program(s), 

with the installation education advisor before 

enrolling or requesting TA. 

(3) Institutions will provide, where 

available, electronic access to their main 

administrative and academic center’s library 

materials, professional services, relevant 

periodicals, books, and other academic 

reference and research resources in print or 

online format that are appropriate or 

necessary to support the courses offered. 

Additionally, institutions will ensure 

adequate print and non-print media 

resources to support all courses being offered 

are available at base or installation library 

facilities, on-site Institution resource areas, or 

via electronic transmission. 

i. Graduation Achievement Recognition. 

(1) The educational institution shall issue, 

at no cost to the Government, documentation 


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72954 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

as proof of completion, such as a diploma or 

certificate, to each student who completes 

the respective program requirements and 

meets all financial obligations. 

(2) In accordance with Service 

requirements, the institution shall provide 

the Service concerned with a list of those TA 

recipients who have completed a certificate, 

diploma, or degree program. The list will 

include the degree level, major, and program 

requirements completion date. 

(3) The academic credentials for certificate, 

diploma, or degree completion should reflect 

the degree-granting institution and campus 

authorized to confer the degree. 

(a) If the Service member attends a branch 

of a large, multi-branch university system, 

the diploma may indicate the credential of 

the specific campus or branch of the 

institution from which the student received 

his or her degree. 

(b) Credentials should be awarded to 

Service members with the same institutional 

designation as non-Service members who 

completed the same course work for a degree 

from the same institution. 

(4) The institution shall provide students 

with the opportunity to participate in a 

graduation ceremony. 

j. Reporting Requirements and 

Performance Metrics. 

(1) The institution shall provide reports via 

electronic delivery on all DoD TA recipients 

for programs and courses offered to 

personnel as required by the cognizant 

Service. This includes, but is not limited to, 

TA transactions, final course grades to 

include incompletes and withdrawals, 

degrees awarded, certificates earned, 

evaluated educational plans, courses offered, 

class rosters of Service members, and 

military graduation. 

(a) All reporting and transmitting of this 

information shall be done in conformity with 

all applicable privacy laws, including 

FERPA. 

(b) Institutions shall respond to these 

requests in a timely fashion, which will vary 

based on the specific nature and scope of the 

information requested. 

(2) The cognizant Service may evaluate the 

institution’s overall effectiveness in 

administering its academic program, courses, 

and customer satisfaction to DoD. A written 

report of the findings will be provided to the 

institution. The institution shall have 90 

calendar days to review the report, 

investigate if required, and provide a written 

response to the findings. 

(3) The Services may request reports from 

an institution at any time, but not later than 

2 years after termination of the MOU with 

such institution. Responses to all requests for 

reports shall be provided within a reasonable 

period of time, and generally within 14 

calendar days. Institutional response time 

will depend on the specific information 

sought by the Services in the report. 

5. Requirements and Responsibilities for 

the Delivery of On-Installation Voluntary 

Education Programs and Services. 

a. The requirements in this section pertain 

to institutions operating on a military 

installation. An installation MOU: 

(1) Is required if an institution is operating 

on a military installation. 

(2) Contains only the installation-unique 

requirements coordinated, documented, and 

retained by the installation’s education 

advisor, with concurrence from the 

appropriate Service voluntary education 

representative, and presented to the 

installation commander for final approval. 

(3) Cannot conflict with the DoD Voluntary 

Education Partnership MOU and governing 

regulations. 

b. Educational institutions shall: 

(1) Agree to have a separate installation 

MOU if they have a Service agreement to 

provide on-installation courses or degree 

programs. The installation MOU contains the 

installation-unique requirements that will be 

coordinated, documented, and retained by 

the installation’s education advisor, with 

concurrence from the appropriate Service 

voluntary education representative, and 

presented to the installation commander for 

final approval. 

(2) Comply with the installation-unique 

requirements in the installation MOU that do 

not conflict with the DoD Voluntary 

Education Partnership MOU and governing 

regulations. 

(3) Agree to coordinate degree programs 

offered on the installation with the 

installation’s education advisor, who will 

receive approval from the installation 

commander, prior to the opening of classes 

for registration. 

(4) Admit candidates to the institution’s 

on-installation programs at their discretion; 

however, priority for registration in 

installation classes will be given in the 

following order: 

(a) Service members. 

(b) Federally funded DoD civilian 

employees. 

(c) Eligible adult family members of 

Service members and DoD civilian 

employees. 

(d) Military retirees. 

(e) Non-DoD personnel. 

(5) Provide the installation’s education 

advisor, as appropriate, a tentative annual 

schedule of course offerings to ensure that 

the educational needs of the military 

population on the installation are met and to 

ensure no course or scheduling conflicts with 

other on-installation programs. 

(6) Provide instructors for their installation 

courses who meet the criteria established by 

the institution to qualify for employment as 

a faculty member on the main administrative 

and academic center. 

(7) Inform the installation education 

advisor about cancellations for classroombased classes on military installations per the 

guidelines set forth in the separate 

installation MOU. 

c. The Services’ designated installation 

representative (usually the installation 

education advisor), shall be responsible for 

determining the local voluntary education 

program needs for the serviced military 

population and for selecting the off-duty 

educational programs to be provided on the 

installation, in accordance with the Services’ 

policies. The Service, in conjunction with the 

educational institution, shall provide support 

services essential to operating effective 

educational programs. All services provided 

will be commensurate with the availability of 

resources (personnel, funds, and equipment). 

This support includes: 

(1) Classroom and office space, as 

available. The Service will determine the 

adequacy of provided space. 

(2) Repairs as required to maintain office 

and classroom space in ‘‘good condition’’ as 

determined by the Service, and utility 

services for the offices and classrooms of the 

institution located on the installation (e.g., 

electricity, water, and heat). 

(3) Standard office and classroom 

furnishings within available resources. No 

specialized equipment will be provided. 

(4) Janitorial services in accordance with 

installation facility management policies and 

contracts. 

d. The Service reserves the right to 

disapprove installation access to any 

employee of the institution employed to 

carry out any part of this MOU. 

e. Operation of a privately owned vehicle 

by institution employees on the installation 

will be governed by the installation’s 

policies. 

f. The installation education advisor will 

check with his or her Service’s responsible 

office for voluntary education prior to 

allowing an educational institution to enter 

into an MOU with the installation. 

6. Review, Modifications, Signatures, 

Effective Date, Expiration Date, and 

Cancellation Provision. 

a. Review. The signatories (or their 

successors) will review this MOU 

periodically in coordination with the 

Services, but no less than every five years to 

consider items such as current accreditation 

status, updated program offerings, and 

program delivery services. 

b. Modifications. Modifications to this 

MOU will be in writing and, except for those 

required due to a change in State or Federal 

law, shall be subject to approval by both of 

the signatories below, or their successors. 

c. Signatures. The authorized signatory for 

DoD shall be designated by the USD(P&R). 

The authorized signatory for the institution 

will be determined by the institution. 

d. Effective Date. This MOU is effective on 

the date of the later signature. 

e. Expiration Date. This MOU will expire 

five years from the effective date, unless 

terminated or updated prior to that date in 

writing by DoD or the Institution. 

f. Cancellation Provision. This MOU may 

be cancelled by either DoD or the Institution 

30 days after receipt of the written notice 

from the cancelling party, 

FOR THE DEPARTMENT OF DEFENSE: 

lllllllllllllllllll

DESIGNATED SIGNATORY 

lllllllllllllllllll

DATE 

FOR THE INSTITUTION: 

lllllllllllllllllll

PRESIDENT or Designee 

lllllllllllllllllll

DATE 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72955 

Appendix B to Part 68—Addendum for 

Education Services Between [Name of 

Educational Institution] and the U.S. 

Air Force 

1. Purpose. This addendum is between 

(Name of Educational Institution), hereafter 

referred to as the ‘‘Institution,’’ and the 

United States Air Force (USAF). The purpose 

of this agreement is to provide guidelines and 

procedures for the delivery of educational 

services to Service members, DoD civilian 

employees, eligible adult family members, 

military retirees, and non-DoD personnel not 

covered in the DoD Voluntary Education 

Partnership Memorandum of Understanding 

(MOU) between the DoD Office of the Under 

Secretary of Defense for Personnel and 

Readiness and the Institution. This 

addendum is not to be construed in any way 

as giving rise to a contractual obligation of 

the USAF to provide funds to the Institution 

that would be contrary to Federal law. 

2. Responsibilities. 

a. USAF Education and Training Section 

(ETS) Chief. The USAF ETS Chief shall: 

(1) Maintain a continuing liaison with the 

designated Institution representative and be 

responsible for inspections and the 

acceptance of the Institution’s services. The 

ETS Chief will assist the Institution 

representative to provide military and USAF 

culture orientation to the Institution 

personnel. 

(2) Review requests from Institutions with 

no on-installation MOU for permission of 

installation access and space within the ETS 

to counsel current students, provide 

information briefings and materials, attend 

education fairs, and provide other 

informational services approved by the 

installation commander. Approval depends 

on the installation commander. Approval of 

any school eligible for Military TA will be 

extended equally to all such schools; same 

time allotment, space, and frequency. 

(3) Assist the Institution or refer them to 

the information technology contractor for 

training in the use of the Academic 

Institution Portal (AI Portal) regarding input 

of Institution information, degree offerings, 

tuition rates, grades, invoices, degree 

completions, and search tools pre-built into 

the USAF online Voluntary Education 

System. 

b. Institutions shall: 

(1) Appoint and designate an Institution 

representative to maintain a continuing 

liaison with the USAF ETS Chief. 

(2) Provide general degree requirements to 

each airman for his or her education program 

and the ETS as soon as he or she decides to 

register with the Institution and while 

awaiting final evaluation of transfer credits. 

(3) Assume responsibility for the 

administration and proctoring of all course 

examinations not normally administered and 

proctored within the traditional, in-theclassroom setting. 

(4) Provide to airmen, upon their request, 

information on Institution policies including, 

but not limited to, course withdrawal dates 

and penalties, course cancellation 

procedures, course grade publication, fees 

(covered by military tuition assistance (Mil 

TA) and not covered by Mil TA), billing 

practices, and policy regarding incompletion 

of a course. Face-to-face counseling is not 

required. 

(5) Register and use the AI Portal to input 

Institution basic information, degree 

offerings, tuition rates, invoice submission, 

course grades submission, degree 

completions, and to pull pre-established 

educational institution reports while 

conducting business with the USAF. 

(6) Submit one consolidated invoice per 

term via the AI Portal for each class in which 

active duty military airmen are enrolled 

using Mil TA. Submission will be made 

during the term, no earlier than after the final 

add/drop/census date, and no later than 30 

calendar days after the end of the term. 

(7) Submit course grades via the AI Portal 

for each class in which active duty military 

airmen are enrolled using Mil TA. 

Submission will be made no later than 30 

calendar days after the end of the term. 

(8) Accept the Government Purchase Card 

(GPC) for payment of Mil TA when the 

Institution accepts credit cards for any part 

of Institution business. If an institution does 

not accept credit cards: 

(a) The Air Force may grant the institution 

a waiver from these requirements for any 

tuition and fee payments for the program in 

which the active duty military airman is 

enrolled. 

(b) The Air Force and the institution must 

negotiate the terms of the waiver, which are 

incorporated by reference into the terms of 

the MOU. 

(c) The institution should be aware that 

payment could be delayed because the Air 

Force currently has an automatic payment 

system for credit card use. If a waiver is 

granted, the Air Force must use a paperbased system. 

(9) Provide a list of program graduates via 

the AI Portal consisting of student name, 

program title, program type (such as 

bachelor’s degree), and date of graduation no 

later than 30 calendar days after the end of 

the term in which graduation requirements 

are completed. If the AI Portal is not 

available, provide directly to the base 

Education and Training Section. 

c. Institutions with no on-installation MOU 

are authorized to request permission for 

installation access and space within the ETS 

to counsel current students, provide 

information briefings and materials, attend 

education fairs, and other informational 

services. Approval depends on the 

installation commander. If approval is 

granted, then all other permissions will be 

authorized equally for any school eligible for 

Military TA; the same time allotment, space, 

and frequency. 

d. All Institutions with an on-installation 

MOU or invitation for an on-installation 

activity, such as an educational fair, are 

authorized to counsel or provide information 

on any of their programs. 

3. Additional Guidelines 

a. In addition to DoD policy outlined in the 

DoD MOU, the authorization of Mil TA is 

further governed by Air Force Instruction 

(AFI) 36–2306, as well as applicable policy 

and guidance. 

b. Installation access of non-DoD and noninstallation personnel is at the discretion of 

the installation commander. Access once 

provided can be revoked at any time due to 

military necessity or due to conduct that 

violates installation rules or policies. 

c. No off-base school will be given 

permanent space or scheduled for regularly 

recurring time on-base for student 

counseling. 

Appendix C to Part 68—Addendum for 

Education Services Between [Name of 

Educational Institution] and the U.S. 

Army 

1. Purpose. This addendum is between 

(Name of Educational Institution), hereafter 

referred to as the ‘‘Institution,’’ and the 

United States Army. The purpose of this 

agreement is to provide guidelines and 

procedures for the delivery of educational 

services to Service members, DoD civilian 

employees, eligible adult family members, 

military retirees, and non-DoD personnel not 

covered in the DoD Voluntary Education 

Partnership Memorandum of Understanding 

between the DoD Office of the Under 

Secretary of Defense for Personnel and 

Readiness and the Institution. This 

addendum is not to be construed in any way 

as giving rise to a contractual obligation of 

the U.S. Army to provide funds to the 

Institution that would be contrary to Federal 

law. 

2. Responsibilities. 

a. Army Education Services Officer (ESO): 

In support of this addendum, the Army ESO 

shall maintain a continuing liaison with a 

designated Institution representative and be 

responsible for inspections and the 

acceptance of the Institution’s services. The 

ESO will provide assistance to the Institution 

representative to provide military and Army 

culture orientation to the Institution 

personnel. 

b. Institutions. The Institution will: 

(1) Appoint and designate an Institution 

representative to maintain a continuing 

liaison with the Army ESO. 

(2) Adopt the GoArmyEd processes. 

GoArmyEd is the Army Continuing 

Education System (ACES) centralized and 

streamlined management system for the 

Army’s postsecondary voluntary education 

programs. Existing MOUs or Memorandums 

of Agreement, Tri-Services contracts, or other 

contracts that Institutions may have with 

military installations and ACES remain in 

place and should be supplemented with DoD 

Instruction 1322.25. 

(3) Agree to all of the terms in the ACES 

policies and procedures, available at 

https://www.hrc.army.mil/site/education/ 

GoArmyEd_School_Instructions.html, such 

as: Invoicing, grades, reports, library 

references, etc. For non-Letter of Instruction 

(LOI) institutions satisfying paragraph 3.f. of 

this DoD MOU, any requirements in ACES 

policies and procedures requiring 

institutions to be a member of SOC are 

hereby waived. 

(4) Institutions currently participating with 

GoArmyEd as LOI and non-LOI schools, may 

continue to do so at the discretion of 

Headquarters, ACES. Non-LOI schools will 

be subject to the requirements of paragraphs 

2.b.(2) and 2.b.(3) of this DoD MOU only to 


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72956 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

the extent that their existing non-LOI 

agreement with the U.S. Army provides. 

Appendix D to Part 68—Addendum for 

Education Services Between [Name of 

Educational Institution] and the U.S. 

Marine Corps 

1. Purpose. This addendum is between 

(Name of Educational Institution), hereafter 

referred to as the ‘‘Institution,’’ and the U.S. 

Marine Corps. The purpose of this agreement 

is to provide guidelines and procedures for 

the delivery of educational services to 

Service members, DoD civilian employees, 

eligible adult family members, military 

retirees, and non-DoD personnel not covered 

in the DoD Voluntary Education Partnership 

Memorandum of Understanding between the 

DoD Office of the Under Secretary of Defense 

for Personnel and Readiness and the 

Institution. This addendum is not to be 

construed in any way as giving rise to a 

contractual obligation of the U.S. Marine 

Corps to provide funds to the Institution that 

would be contrary to Federal law. 

2. Responsibilities. 

a. Marine Corps Education Services Officer 

(ESO): In support of this addendum, the 

Marine Corps ESO shall maintain a 

continuing liaison with a designated 

Institution representative and be responsible 

for inspections and the acceptance of the 

Institution’s services. The ESO will provide 

assistance to the Institution representative to 

provide military and Marine Corps culture 

orientation to the Institution personnel. 

b. Institution. The Institution will: 

(1) Appoint and designate an Institution 

representative to maintain a continuing 

liaison with the Marine Corps ESO. 

(2) Provide open enrollment during a 

designated time periods in courses 

conducted through media (e.g., portable 

media devices or computer-aided). Those 

courses shall be on an individual enrollment 

basis. 

(3) When operating on a Marine base, 

provide all required equipment when the 

Institution provides instruction via media. 

(4) When operating on a Marine base, 

provide library services to the Marine Corps 

base/installation for students in the form of 

research and reference materials (e.g., books, 

pamphlets, magazines) of similar quality to 

the support provided students on the 

institution’s home campus. Services shall 

also include research and reference material 

in sufficient quantity to meet curriculum and 

program demands. Materials shall be, at a 

minimum, the required readings of the 

instructor(s) for a particular course or 

program, or the ability for the student to 

request a copy of such material, from the 

institution’s main library, without any 

inconvenience or charge to the student (e.g., 

a library computer terminal that may allow 

students to order material and have it mailed 

to their residence). 

(5) Route publicity generated for an 

installation community through the base 

ESO. 

(6) Permit employment of off-duty military 

personnel or Government civilian employees 

by the institution, provided such 

employment does not conflict with the 

policies set forth in DoD Regulation 5500.7– 

R. However, Government personnel 

employed in any way in the administration 

of this addendum will be excluded from such 

employment because of conflict of interest. 

3. Billing Procedures, And Formal Grades. 

a. Comply with wide area work flow 

process for invoicing tuition assistance. 

b. Grades shall be submitted through the 

Navy College Management Information 

System grade entry application. 

c. Grade reports shall be provided to the 

Naval Education and Training Professional 

Development and Technology Center within 

30 days of term ending or completion of the 

course, whichever is earlier. 

Appendix E to Part 68—Addendum for 

Education Services Between [Name of 

Educational Institution] and the U.S. 

Navy 

1. Purpose. This addendum is between 

(Name of Educational Institution), hereafter 

referred to as the ‘‘Institution,’’ and the U.S. 

Navy. The purpose of this agreement is to 

provide guidelines and procedures for the 

delivery of educational services to Service 

members, DoD civilian employees, eligible 

adult family members, military retirees, and 

non-DoD personnel not covered in the DoD 

Voluntary Education Partnership 

Memorandum of Understanding (MOU) 

between the DoD Office of the Under 

Secretary of Defense for Personnel and 

Readiness and the Institution. This 

addendum is not to be construed in any way 

as giving rise to a contractual obligation of 

the Department of the Navy to provide funds 

to the academic Institution that would be 

contrary to Federal law. 

2. Responsibilities. 

a. Commanding Officer responsible for 

execution of the Voluntary Education 

Program. The commanding officer 

responsible for execution of the voluntary 

education program shall: 

(1) Determine the local voluntary 

education program needs for the Navy 

population to be served and recommend to 

the installation commander the educational 

programs to be offered on the base; 

(2) Administer this agreement and provide 

program management support; 

(3) Manage the Navy College Program 

Distance Learning Partnership (NCPDLP) 

agreements. 

b. Navy College Office (NCO): In support of 

this addendum, the NCO will maintain a 

continuing liaison with the designated 

Institution representative and be responsible 

for inspections and the acceptance of the 

Institution’s services. The NCO will provide 

assistance to the Institution representative to 

provide military and Navy culture 

orientation to the Institution personnel. 

c. Institution. The Institution will: 

(1) If a distance learning partner 

institution: 

(i) Comply with NCPDLP agreements, if an 

institution participates in NCPDLP. 

(ii) Provide a link to the academic 

institution through the Navy College Program 

Web Site, only if designated as an NCPDLP 

school. 

(iii) Display the academic Institution’s 

advertising materials (i.e., pamphlets, 

posters, and brochures) at all NCOs, only if 

designated as an NCPDLP school. 

(2) Appoint and designate an Institution 

representative to maintain a continuing 

liaison with the NCO staff. 

(3) Comply with wide area work flow 

processes for invoicing of tuition assistance. 

Grades will be submitted to the Navy College 

Management Information System grade entry 

application. 

(4) Ensure library resource arrangements 

are in accordance with the standards of the 

Institution’s accrediting association and the 

State regulatory agency having jurisdiction 

over the academic Institution. 

(5) Respond to email messages from 

students within a reasonable period of time— 

generally within two workdays, unless 

extenuating circumstances would justify 

additional time. 

(6) Comply with host command procedures 

before starting instructor-based courses on 

any Navy installation. The NCO shall 

negotiate a separate agreement with the 

academic Institution in concert with the host 

command procedures. 

(7) Mail an official transcript indicating 

degree completion, at no cost to the sailor or 

the Government to: Center for Personal and 

Professional Development, ATTN: Virtual 

Education Center, 1905 Regulus Ave., Suite 

234, Virginia Beach, VA 23461–2009. 

Dated: November 29, 2012. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2012–29497 Filed 12–6–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0953] 

Special Local Regulation; Southern 

California Annual Marine Events for 

the San Diego Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations during the San 

Diego Parade of Lights, held on 

December 09 and December 16, 2012 

from 5:30 p.m. to 8:30 p.m. on the San 

Diego Bay. These special local 

regulations are necessary to provide for 

the safety of the participants, crew, 

spectators, sponsor vessels of the 

regatta, and general users of the 

waterway. During the enforcement 

period, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 


srobinson on DSK4SPTVN1PROD with