Regulatory Analysis 

Sections 2005 and 2007 of title 10, United States Code

Voluntary Education Programs

1. Need for the Rule: This final rule will implement policy, assign responsibilities, and 

prescribe procedures for the operation of voluntary education programs within the Department 

of Defense (DoD).

The purpose of these programs is to provide active duty Service members with educational 

opportunities to enhance their academic achievement which in turn improves job performance 

and promotion potential. The overall outcome goal of this program is to ensure the 

Department has the best educated and best military force possible. This coincides with one of 

President Obama’s White House initiatives to raise the education level of our U.S. citizens. 

Additionally, educating our Service members provide higher job skilled employees, in 

reading, math, and writing skills, as they transition to civilian life. (Individuals with some 

postsecondary education have a higher earning power than someone with an HS 

degree/equivalency.)

Voluntary education programs include, but are not limited to: Military Tuition Assistance 

(TA) for postsecondary education (college and career schools) leading towards a degree, 

licensure and/or certification programs; education counseling; college courses (traditional 

classroom and distance learning delivery); college credit by exam; language and cultural 

programs; and Troops-to-Teachers. 

The issuance for Voluntary Education Programs is DoD Instruction (DoDI) 1322.25 was 

recently signed and published on March 15, 2001, and contains a significant change in policy 

that has been incorporated into the final rule. This new policy will commence on January 1, 

2012, and establishes the requirement for an approved DoD Voluntary Education Partnership 

Memorandum of Understanding (MOU) between DoD and each educational institution 

providing high school completion and postsecondary education programs through the DoD 

Tuition Assistance Program, via classroom or distance learning, whether on or off military 

installations. A comprehensive MOU was recommended by the DoD Voluntary Education 

Joint Initiative Committee to standardize educational services delivered to Service members 

and create a partnership to improve communication between DoD and educational

institutions. One of the requirements in the MOU specifies that all schools must agree to 

participate in a third-party review of their degree programs, when requested.

2. Payment. 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. 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. For 

Fiscal Year 2010 (FY10), the Services executed approximately $800 million for Off-Duty and 

Voluntary Education Programs. This total amount included both operational costs and tuition 
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assistance. Operational and other education program costs totaled approximately $258 

million. Operational costs include such items as salaries, TDY, training, supplies, and 

equipment. Tuition assistance costs for Service members participating in high school 

completion and accredited undergraduate or graduate education programs totaled 

approximately $542 million. During FY10, 322,964 Service members received TA for 

857,786 courses. A total of 45,366 degrees/diplomas/certificates were earned in FY10.

3. Market Failure: This final rule does not address market failure. 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. Additionally, this final 

rule includes a new policy requiring institutions to be a signatory of the DoD Voluntary Education 

Partnership MOU prior to receiving funds via each Service’s TA program in exchange for 

education services. The total amount of tuition assistance executed in FY10 was approximately 

$542 million and the Services have currently budgeted the same amount for tuition assistance in 

FY11. Therefore, this program would have an economic impact that could affect approximately 

3,000 colleges and universities (both regionally and nationally accredited institutions recognized 

by the U.S. Department of Education) that the Services have worked with over the years in 

reference to tuition assistance for their Service members.

4. Rationale for the Approach Taken: This program is unique and arranges for education 

opportunities to meet the unusual needs of the military population, such as frequent moves and 

deployments to contingency locations. The issuance, DoDI 1322.25 was recently published on 

March 15, 2011, and required a complete revision since the last publication on February 5, 1997, 

due to the DoD Uniform TA Policy in October 2001, the enactment of the NDAA 2008 in 

January 2008, and the new DoD Voluntary Education Partnership MOU policy requirement.

5. Analysis of Costs: Costs are controlled through limitations emplaced in the DoD Uniform 

Tuition Assistance policy with course and yearly caps, 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. This limitation allows all Servicemembers that voluntarily 

participate to continue their education.

The US Department of Education, National Center for Education Statics (NCES), does not 

collect data on the prices of an individual course in the United States. However, NCES does 

collect data on the average tuition cost of a school year from academic institutions using Title 

IV funds. These calculations reflect tuition charged to full-time students studying for a full 

academic year ($8,784 per 2008-09 / $9,165 per 2009-10 school year). If the average full 

time student takes 10 classes or 30 semester hours a year, the average cost of a semester hour 

is $292.80 for 2008-09 and $305.50 for 2009-10.

From 2008-2010 the percentage change in tuition has increase 4.3% however the DoD 

semester cap has remained constant, and below the national average cost to attend a 

postsecondary institution. 
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The documented partnership MOUs between DoD and educational institutions will become 

part of the data base currently established by the Defense Activity for Non-Traditional 

Education Support (DANTES) for distance learning catalogs. There will be no additional 

costs to the Military Services connected with the storage of the signed DoD Voluntary 

Education Partnership MOUs at DANTES.