Vol. 79 Monday, 

No. 3 January 6, 2014 

Part II 

Department of Defense 

Office of the Secretary 

32 CFR Part 161 

Identification (ID) Cards for Members of the Uniformed Services, Their 

Dependents, and Other Eligible Individuals; Interim Rule 

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708 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 161 

[Docket ID: DoD–2009–OS–0184] 

RIN 0790–AI61 

Identification (ID) Cards for Members 

of the Uniformed Services, Their 

Dependents, and Other Eligible 

Individuals 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness, 

DoD. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Department of Defense 

(DoD) proposes to establish policy, 

assign responsibilities, and provide 

procedures for the issuing of distinct 

DoD ID cards. The ID cards shall be 

issued to uniformed service members, 

their dependents, and other eligible 

individuals and will be used as proof of 

identity and DoD affiliation. Following 

the June 26, 2013, U.S. Supreme Court 

decision that found Section 3 of the 

Defense of Marriage Act 

unconstitutional, this rule also extends 

benefits to same sex spouses of 

Uniformed Service members and DOD 

civilians. The Department will now 

construe the words ‘‘spouse’’ and 

‘‘marriage’’ to include same-sex spouses 

and marriages. 

DATES: Effective date: This rule is 

effective on January 6, 2014. 

Comment date: Comments must be 

received by March 7, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, Suite 02G09, Alexandria, 

VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Eves, Defense Human Resources 

Activity, 571–372–1956. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose of This Regulatory Action 

Title 10, Sections 1061–1064, 1072– 

1074, 1074a–1074c, 1076, 1076a, 1077, 

and 1095 (k)(2), authorize members of 

the Uniformed Services (active duty, 

Reserve, or retired members) and their 

spouses and dependents certain benefits 

and privileges. Title 18, Sections 499, 

506, 509, 701, and 1001, address 

penalties, fines and imprisonment for 

unauthorized reproduction of ID cards. 

The DoD ID cards authorize eligible 

individuals (to include specific 

categories of civilians and contractors) 

certain benefits and privileges to 

include health care; use of commissary; 

exchange; and morale, welfare, and 

recreation facilities. 

This regulatory action: 

a. Establishes policy, assigns 

responsibilities, and provides 

procedures for the issuing of all DoD ID 

cards. 

b. Incorporates policy for the 

implementation of Homeland Security 

Presidential Directive (HSPD) 12 within 

DoD. 

c. Incorporates Common Access Card 

(CAC) policy and issuance procedures. 

d. Incorporates CAC eligibility 

requirements for Foreign National 

personnel. 

e. Sets forth responsibilities and 

procedures for the DoD ID card lifecycle. 

f. Prescribes the benefits for 

commissary; exchange; morale, welfare, 

and recreation (MWR); Military Health 

Services direct care in military 

treatment facilities (MTFs); and 

TRICARE civilian health care (CHC) in 

support of the members of the 

uniformed services, their dependents, 

and other eligible individuals. 

II. Background 

The current DoD Instruction, which 

establishes policy, assigns 

responsibilities, and provides 

procedures for issuing distinct DoD ID 

cards to uniformed service members, 

their dependents, and other eligible 

individuals, for proof of identity and 

DoD affiliation, was issued on December 

5, 1997. DoD revised this instruction, 

updating the content and incorporating 

and canceling several policy 

memorandums, into a single instruction 

and two additional implementing 

manuals. The revised policy for ID cards 

was codified into a proposed rule which 

was published on August 6, 2010 (75 FR 

47515). The June 26, 2013 U.S. Supreme 

Court decision in United States v. 

Windsor found Section 3 of the Defense 

of Marriage Act to be unconstitutional 

and the Department now construes the 

words ‘‘spouse’’ and ‘‘marriage’’ to 

include same-sex spouses and 

marriages. 

III. Justification To Issue an Interim 

Rule 

DOD is promulgating this interim rule 

without prior opportunity for public 

comment since the policy for ID cards 

was published as a proposed rule on 

August 6, 2010 (75 FR 47515) and no 

public comments were received. So, this 

interim rule makes final the content of 

the proposed rule. 

With the June 26, 2013 Supreme 

Court decision in United States v. 

Windsor finding Section 3 of the 

Defense of Marriage Act 

unconstitutional, DoD is no longer 

prevented from extending Federal 

benefits to the same-sex spouses of DoD 

military members and civilian 

employees. As a result, in an August 13, 

2013 Secretary of Defense 

Memorandum, ‘‘Extending Benefits to 

Same-Sex Spouses of Military 

Members,’’ the Secretary of Defense 

directed that, ‘‘. . . spousal and family 

benefits, including identification cards, 

will be made available to same-sex 

spouses no later than September 3, 

2013,’’ (http://www.defense.gov/home/

features/2013/docs/Extending-Benefitsto-Same-Sex-Spouses-of-MilitaryMembers.pdf). 

DoD issues approximately five million 

ID cards each year to military members, 

civilian employees, contractors, foreign 

nationals, and where applicable, family 

members. The Department estimates the 

number of ID cards which will need to 

be issued to same-sex spouses and their 

families represent less than one percent 

of the total ID cards issued in a year. 

The Department believes this rule 

relates to ‘‘agency management or 

personnel’’ and is exempt under sec. 

553(a)(2) from all requirements of sec. 

533. Nevertheless, pursuant to 41 U.S.C. 

1707, DoD will consider public 

comments received in response to this 

interim rule in the formation of the 

Department’s final rule. 

IV. Costs and Benefits of This 

Regulatory Action 

There are no costs to the public. There 

are no capital or start-up costs 

associated with the issuance of this rule. 

ID cards cost the Department 

approximately $28.3 million annually. 

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V. Executive Orders 12866 and 13563 

Under Executive Orders (E.O.s) 12866 

and 13563, the Department has 

determined that this interim rule is a 

significant regulatory action, though not 

an economically significant one, and it 

has been reviewed by OMB. 

It has been certified that 32 CFR part 

161 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

VI. Regulatory Flexibility Act 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), the DoD certifies that the 

interim rule will not have a significant 

economic impact on a substantial 

number of small entities. 

VII. Unfunded Mandates Reform Act 

Per the Unfunded Mandates Reform 

Act of 1995 and E.O. 12875, this rule 

will not create an unfunded Federal 

mandate upon any State, local, or tribal 

government in the aggregate of $100 

million or more. It also does not result 

in increased expenditures of the privacy 

sector of $100 million or more. 

VIII. Paperwork Reduction Act 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

161 does impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. The 

Application for Department of Defense 

Identification Card/DEERS Enrollment 

collection has been cleared by OMB and 

assigned OMB Control Number 0704– 

0415. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

161 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 161 

Administrative practice and 

procedure, Armed forces, Military 

personnel, National defense, Privacy, 

Security measures. 

Accordingly, 32 CFR part 161 is 

added to subchapter F to read as 

follows: 

PART 161—IDENTIFICATION (ID) 

CARDS FOR MEMBERS OF THE 

UNIFORMED SERVICES, THEIR 

DEPENDENTS, AND OTHER ELIGIBLE 

INDIVIDUALS 

Subpart A—Identification (ID) Cards for 

Members of the Uniformed Services, Their 

Dependents, and Other Eligible Individuals 

Sec. 

161.1 Purpose. 

161.2 Applicability. 

161.3 Definitions. 

161.4 Policy. 

161.5 Responsibilities. 

161.6 Procedures. 

Subpart B—DoD Identification (ID) Cards: ID 

Card Life-Cycle 

161.7 ID card life-cycle procedures. 

161.8 ID card life-cycle roles and 

responsibilities. 

Subpart C—DoD Identification (ID) Cards: 

Benefits for Members of the Uniformed 

Services, Their Dependents, and Other 

Eligible Individuals 

161.9 DoD benefits, 

161.10 Benefits for active duty members of 

the uniformed services. 

161.11 Benefits for National Guard and 

Reserve members of the uniformed 

services. 

161.12 Benefits for former uniformed 

services members. 

161.13 Benefits for retired members of the 

uniformed services. 

161.14 Benefits for MOH recipients. 

161.15 Benefits for Disabled American 

Veterans (DAV). 

161.16 Benefits for transitional health care 

members and dependents. 

161.17 Benefits for surviving dependents. 

161.18 Benefits for abused dependents. 

161.19 Benefits for former spouses. 

161.20 Benefits for civilian personnel. 

161.21 Benefits for retired civilian 

personnel. 

161.22 Benefits for foreign affiliates. 

Authority: 10 U.S.C. 1061–1064, 1072– 

1074, 1074a–1074c, 1076, 1076a, 1077, and 

1095(k)(2), and 18 U.S.C. 499, 506, 509, 701, 

and 1001. 

Subpart A—Identification (ID) Cards for 

Members of the Uniformed Services, 

Their Dependents, and Other Eligible 

Individuals 

§ 161.1 Purpose. 

This part: 

(a) Establishes policy, assigns 

responsibilities, and provides 

procedures for the issuing of distinct 

DoD ID cards. The ID cards shall be 

issued to uniformed service members, 

their dependents, and other eligible 

individuals and will be used as proof of 

identity and DoD affiliation. 

(b) Sets forth responsibilities and 

procedures for the DoD ID card lifecycle in accordance with this part. 

(c) Prescribes the benefits for 

commissary; exchange; morale, welfare, 

and recreation (MWR); Military Health 

Services direct care in military 

treatment facilities (MTFs); and 

TRICARE civilian health care (CHC) in 

support of the members of the 

uniformed services, their dependents, 

and other eligible individuals, in 

accordance with this part. 

§ 161.2 Applicability. 

This part applies to: 

(a) The Office of the Secretary of 

Defense (OSD), the Military 

Departments (including the Coast Guard 

at all times, including when it is a 

Service in the Department of Homeland 

Security by agreement with that 

Department), 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’’). 

(b) The Commissioned Corps of the 

U.S. Public Health Service (USPHS), 

under agreement with the Department of 

Health and Human Services, and the 

National Oceanic and Atmospheric 

Administration (NOAA), under 

agreement with the Department of 

Commerce. 

§ 161.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the purpose 

of this part. 

20/20/20, 20/20/15, or 10/20/10. See 

definition of ‘‘former spouse.’’ 

Access to a DoD network. User logon 

to a Windows active directory account 

on the Nonsecure Internet Protocol 

Router Network (NIPRNet) or an 

authorized network operating system 

account on the NIPRNet. 

Access to a DoD network (remote). 

Authorized NIPRNet users accessing a 

NIPRNet resource from: 

(1) Another NIPRNet resource outside 

of the originating domain; or 

(2) An authorized system that resides 

outside of the NIPRNet. This includes 

domain-level access from handheld 

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devices. Remote access includes logon 

for the purposes of telework, Virtual 

Private Network, and remote 

administration by DoD or non-DoD 

personnel. 

Active duty. Full-time duty in the 

active military service of the United 

States. This includes full-time training 

duty, annual training duty, and 

attendance, while in the active military 

service, at a school designated as a 

service school by law or by the 

Secretary of the Military Department 

concerned. Active duty does not include 

full-time National Guard duty. 

Active duty for a period of more than 

30 days. Active duty under a call or 

order that does not specify a period of 

30 days or less. When the ‘‘Active Duty 

for a Period of More than 30 Days’’ is 

established by consecutive sets of 

orders, their eligible dependents become 

entitled to TRICARE medical benefits on 

the first day of the set of orders that 

brings the period of active duty over 30 

days. 

Adopted child. A child adopted 

before the age of 21 or, if enrolled in a 

full-time course of study at an 

institution of higher learning, before the 

age of 23. Except for entitlement to 

medical care, a child with an 

incapacitating condition that existed 

before the age of 21 or that occurred 

while the child was a full-time student 

prior to the age of 23, may be adopted 

at any age provided it is determined that 

there is a BONA FIDE parent-child 

relationship. Surviving children 

adopted by a non-military member after 

the death of the sponsor remain eligible 

for medical care only. 

Annulled. The status of an individual, 

whose marriage has been declared a 

nullity by a court of competent 

jurisdiction, that restores unremarried 

status to a widow, widower, or former 

spouse for reinstatement of benefits. 

Attainment of age 65. The first day of 

the month of the anniversary of the 65th 

birthday, unless the birthday falls on the 

first of the month. If the birthday is the 

first of the month, attainment of age 65 

occurs on the first day of the preceding 

month. 

Benefits. Entitlements or privileges 

that are assigned to a person or group 

of persons. 

CAC PIN reset (CPR). A portable, 

single-purpose system capable of 

providing timely PIN reset capability to 

the field without requiring a Common 

Access Card (CAC) holder to return to 

a CAC issuance facility (i.e. Real-Time 

Automated Personnel Identification 

System (RAPIDS), workstation). 

Certified document. Must be a 

certified true original and should 

convey the appropriate seal or markings 

of the issuer, or have a means to validate 

the authenticity of the document by a 

reference or source number, or be a 

notarized legal document or other 

document approved by a Judge 

Advocate, or have the appropriate 

certificate of authentication by a U.S. 

Consular Officer in the foreign country 

of issuance which attests to the 

authenticity of the signature and seal. 

Certified English translation. See 

requirements for certified document. 

CHC. Medical care provided through 

the TRICARE program including 

networks of CHC professionals, 

institutions, pharmacies, and suppliers 

to provide access to high-quality health 

care services. 

Child. A natural child, stepchild, or 

adopted child of the sponsor who is 

younger than 21 years of age. If 21 or 

older, the child may remain entitled if 

he or she is: 

(1) 21 or 22 years old and enrolled in 

a full-time course of education. 

(2) 21 or older but incapable of selfsupport because of a mental or physical 

incapacity that existed before the 21st 

birthday. 

(3) 21 or 22 years old and was 

enrolled full-time in an accredited 

institution of higher learning but 

became incapable of self-support 

because of a mental or physical 

condition while a full-time student. 

Civilian employee. DoD civilian 

employees, as defined in 5 U.S.C. 2105 

are individuals appointed to positions 

by designated officials. Appointments to 

appropriated fund positions are either 

permanent or time-limited and the 

employees are on full-time, part-time, or 

intermittent work schedules. In some 

instances, the appointments are 

seasonal with either a full-time, parttime, or intermittent work schedule. 

Positions are categorized further as 

Senior Executive Service (SES), 

Competitive Service, and Excepted 

Service positions. In addition, DoD 

employs individuals paid from NAFs, as 

well as foreign national citizens outside 

the United States, its territories, and its 

possessions, in DoD activities overseas. 

The terms and conditions of host-nation 

citizen employment are governed by 

controlling treaties, agreements, and 

memoranda of understanding with the 

foreign nations. 

Civilian noncombatant personnel. 

Personnel who have been authorized to 

accompany military forces of the United 

States in regions of conflict, combat, and 

contingency operations and who are 

liable to capture and detention by the 

enemy as POWs. 

Commissary. A benefit granted to 

eligible personnel in accordance with 

this part and DoD Instruction 1330.17 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/133017p.pdf). 

Competitive service positions. See 5 

U.S.C. 2102. 

Contingency operation. Defined in 

Joint Publication 1–02 (available at 

http://www.dtic.mil/doctrine/new_pubs/

jp1_02.pdf). 

Contractor employee. An employee of 

a firm, or individual under contract or 

subcontract to the DoD, designated as 

providing services or support to the 

Department. 

Contractors authorized to accompany 

the force. Defined in Joint Publication 

1–02. 

Cross-servicing. Agreement amongst 

all uniformed services to assist members 

regardless of the ‘parent service’ of that 

member or their dependents for all 

matter ID card or benefits related when 

appropriate. 

Defense Enrollment Eligibility 

Reporting System (DEERS). The 

definitive centralized person data 

repository of identity and enrollment 

and eligibility verification data and 

associated contact information on 

members of the DoD Components, 

members of the Uniformed Services, 

and other personnel as designated by 

the DoD, and their eligible dependents 

and associated contact information. 

Dependent. An individual whose 

relationship to the sponsor leads to 

entitlement to benefits and privileges. 

Direct Care (DC). Medical care that 

TRICARE provides through the health 

care resources of the uniformed services 

through their clinics and MTFs. This 

does not include any medical care 

provided through the TRICARE CHC 

network. 

Dual eligible. A person who is entitled 

to Medicare Part A and enrolled in 

Medicare Part B and is also entitled to 

TRICARE medical benefits, in 

accordance with section 706 of Public 

Law 106–398 and Public Law 102–190, 

‘‘National Defense Authorization Act for 

Fiscal Years 1992 and 1993’’ (available 

at http://thomas.loc.gov/cgi-bin/query/

C?c102:./temp/∼c102UvpYbH). 

Dual status. A person who is entitled 

to privileges from two sources (e.g., a 

retired member, who is also the 

dependent of an active duty member; a 

retired-with-pay member who is 

employed overseas as a civilian by the 

U.S. Government and is qualified for 

logistical support because of that 

civilian employment; a member of a 

Reserve Component who is an eligible 

dependent of an active duty military 

sponsor; or a child, who is the natural 

child of one sponsor and the stepchild 

and member of a household of another 

sponsor). 

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Eligibility documentation. Properly 

certified birth certificate or certificate of 

live birth authenticated by attending 

physician or other responsible person 

from a U.S. hospital or a MTF showing 

the name of at least one parent; properly 

certified marriage certification; properly 

certified final decree of divorce, 

dissolution, or annulment of marriage 

and statements attesting to 

nonremarriage and status of employersponsored healthcare; court order for 

adoption or guardianship; statement of 

incapacity from a physician or 

personnel or medical headquarters of 

sponsor’s parent uniformed service; 

letter from school registrar; retirement 

orders (providing entitlement to retired 

pay is established) or DD Form 214 

‘‘Certificate of Release or Discharge from 

Active Duty;’’ DD Form 1300, ‘‘Report of 

Casualty;’’ certification from the 

Department of Veterans’ Affairs of 100 

percent disabled status; orders awarding 

Medal of Honor (MOH); formal 

determination of eligibility for Medicare 

Part A benefits from the Social Security 

Administration (SSA); civilian 

personnel records; and invitational 

travel orders. 

Entitlements. Rights or authorities 

that are provided based on legislative 

statute. 

Entry level separation. As defined in 

DoD Instruction 1332.14, ‘‘Enlisted 

Administrative Separations’’ (available 

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

corres/pdf/133214p.pdf), an enlisted 

service member is considered in an 

entry-level status during the first 180 

days of continuous active military 

service, or the first 180 days of 

continuous active service after a service 

break of more than 92 days of active 

service. A Service member of a Reserve 

Component who is not on active duty or 

who is serving under a call or order to 

active duty for 180 days or less begins 

entry-level status upon enlistment in a 

Reserve Component. Entry-level status 

for such a Service member of a Reserve 

Component terminates as follows: 

(1) 180 days after beginning training 

if the Service member is ordered to 

active duty for training for one 

continuous period of 180 days or more; 

or 

(2) 90 days after the beginning of the 

second period of active duty training if 

the Service member is ordered to active 

duty for training under a program that 

splits the training into two or more 

separate periods of active duty. For the 

purposes of characterization of service 

or description of separation, the Service 

member’s status is determined by the 

date of notification as to the initiation 

of separation proceedings. 

Excepted service positions. Defined in 

5 U.S.C. 2103. 

Exchange. A benefit that is extended 

to eligible individuals in accordance 

with DoD Instruction 1330.21. 

Family member. An individual who 

receives benefits based on his or her 

association to a sponsor. A family 

member is often a dependent. 

Federally controlled facility. Defined 

in Office of Management and Budget 

(OMB) Memorandum M–05–24, 

‘‘Implementation of Homeland Security 

Presidential Directive (HSPD) 12— 

Policy for a Common Identification 

Standard for Federal Employees and 

Contractors’’ (available at http://

www.whitehouse.gov/sites/default/files/

omb/memoranda/fy2005/m05-24.pdf). 

Foreign affiliate. An individual who is 

a foreign national, either foreign 

civilian; foreign contractor; or foreign 

uniformed services personnel who 

through assignment, temporary duty, 

school, training, policy board, or other 

defined agreement is affiliated with the 

DoD. They are identified to the DoD for 

benefits and DoD ID card purposes. 

Foreign national civilians and 

contractors. A category of personnel that 

are CAC-eligible if sponsored by their 

government as part of an official visit or 

assigned to work on a DoD facility and/ 

or require access to DoD networks both 

on site or remotely (remote access must 

be on an exception only basis for this 

category). 

Former member. An individual who 

is eligible to receive retired pay, at age 

60, for non-regular service pursuant to 

10 U.S.C. chapter 1223 but who has 

been discharged and who maintains no 

military affiliation. These former 

members, at age 60, and their eligible 

dependents are entitled to medical care, 

commissary, exchange, and MWR 

privileges. Under age 60, they and their 

eligible dependents are entitled to 

commissary, exchange, and MWR 

privileges only. 

Former spouse. An individual who 

was married to a uniformed services 

member for at least 20 years, and the 

member had at least 20 years of service 

creditable toward retirement, and the 

marriage overlapped as follows: 

(1) 20 years marriage, 20 years 

creditable service for retirement, and 20 

years overlap between the marriage and 

the service (referred to as 20/20/20). The 

benefits eligibility begins on the date of 

divorce; 

(2) 20 years marriage, 20 years 

creditable service for retirement, and 15 

years overlap between the marriage and 

the service (referred to as 20/20/15). The 

benefits eligibility begins on the date of 

divorce; or 

(3) A spouse whose marriage was 

terminated from a uniformed service 

member who has their eligibility to 

receive retired pay terminated as a 

result of misconduct based on Servicedocumented abuse of the spouse and 

has 10 years of marriage, 20 years of 

creditable service for retirement, 10 

years of overlap between the marriage 

and the service (referred to as 10/20/10). 

The benefits eligibility begins on the 

date of divorce. 

Foster child. A child without parental 

support and protection, placed with a 

person or family, usually by local 

welfare services or by court order. The 

foster parent(s) do not have custody, nor 

is there an adoption, but they are 

expected to treat the foster child as they 

would their own in regard to food, 

housing, clothing, and education. This 

is a non-medically entitled dependent. 

Full-time work schedule. Full-time 

employment with a basic 40-hour work 

week. 

ID card sponsor. The person affiliated 

to a DoD or other Federal agency who 

takes responsibility for verifying and 

authorizing the applicant’s need for an 

ID card. 

Inactive National Guard (ING). Part of 

the Army National Guard. These 

individuals are Reservists who are 

attached to a specific National Guard 

unit, but who do not participate in 

training activities. On mobilization, they 

shall mobilize with their assigned units. 

These members muster with their units 

once a year. Issuance of DD Form 1173– 

1 ‘‘United States Uniformed Services 

Identification and Privilege Card (Guard 

and Reserve Family Member)’’ to ING 

dependents is mandatory. 

Incapacitated person. An individual 

who is impaired by physical disability, 

mental illness, mental deficiency, or 

other causes that prevent sufficient 

understanding or capacity to 

competently manage his or her own 

affairs. 

Institution of higher learning. A 

college, university, or similar 

institution, including a technical or 

business school, offering post 

secondary-level academic instruction 

that leads to an associate or higher 

degree, if the school is empowered by 

the appropriate State education 

authority under State law to grant an 

associate or higher degree. When there 

is no State law to authorize the granting 

of a degree, the school may be 

recognized as an institution of higher 

learning if it is accredited for degree 

programs by a recognized accrediting 

agency. The term also includes a 

hospital offering educational programs 

at the post secondary level regardless of 

whether the hospital grants a post 

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712 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

secondary degree. The term also 

includes an educational institution that 

is not located in a State that offers a 

course leading to a standard college 

degree or equivalent and is recognized 

as such by the Secretary of Education 

(or comparable official) of the country or 

other jurisdiction in which the 

institution is located. 

Individual Ready Reserve (IRR). 

Trained individuals who have 

previously served in the active 

component or Selected Reserve (SelRes) 

and have time remaining on their 

military service obligation. Includes 

volunteers who do not have time 

remaining on the military service 

obligation, but are under contractual 

agreement to be a member of the IRR. 

These individuals are mobilization 

assets and may be called to active duty 

pursuant to the provisions of 10 U.S.C. 

chapter 1209. Issuance of DD Form 

1173–1 to IRR dependents is mandatory. 

Intergovernmental Personnel Act 

(IPA) employees. The IPA mobility 

program provides temporary assignment 

of personnel between the Federal 

Government and State and local 

governments, colleges and universities, 

Indian tribal governments, federally 

funded research and development 

centers, and other eligible organizations. 

Intermittent work schedule. 

Employment without a regularly 

scheduled tour of duty. 

Medicare. Health insurance for people 

age 65 or older, under 65 with certain 

disabilities, and any age with end-stage 

renal disease. The different parts of 

Medicare help cover specific services if 

certain conditions are met. 

(1) Medicare part A. Covers hospice 

care, home health care, skilled nursing 

facilities, and inpatient hospital stays. 

(2) Medicare part B. Covers doctors’ 

services, outpatient hospital care, and 

other medical services that Part A does 

not cover, such as physical and 

occupational therapy. Other examples 

include X-rays, medical equipment, or 

limited ambulance service. 

Member. An individual who is 

affiliated with a Service, either active 

duty, Reserve, active duty retired, or 

Retired Reserve. Retired members are 

not former members. Also referred to as 

the sponsor. 

MWR. A benefit that is extended to 

eligible individuals in accordance with 

DoD Instruction 1015.10, ‘‘Military 

Morale, Welfare, and Recreation (MWR) 

Programs’’ (available at http://

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

101510p.pdf). 

National Agency Check with Inquiries 

(NACI). Is the minimum investigation 

conducted by the Office of Personnel 

Management (OPM) for federal 

employment in nonsensitive positions 

and for individuals requiring eligibility 

for logical and physical access. The 

NACI consists of a records check (of 

designated agencies of the Federal 

Government that maintain record 

systems containing information relevant 

to making a personnel security 

determination) plus Written Inquiries to 

law enforcement agencies, former 

employers and supervisors, references 

and schools covering the last 5 years. 

Nonappropriated fund (NAF) 

employees. NAF employees are Federal 

employees within the Department who 

are paid from NAFs. 5 U.S.C. 2105 

explains the status of NAF employees as 

Federal employees. 

Non-regular service retirement. A 

person who, as a member of the Ready 

Reserve, serves on active duty or 

performs active service, after the date of 

the enactment of sections 647 and 1106 

of Public Law 110–181 and may receive 

retired pay in accordance with 10 U.S.C. 

12731. Under these provisions the 

eligibility age for applying for retired 

pay shall be reduced below 60 years of 

age by 3 months for each aggregate of 90 

days on which the member performs in 

any fiscal year after such date, providing 

the applicant is at least 50 years of age. 

However, the member must be age 60 to 

qualify for CHC and CD. 

Part-time work schedule. Part-time 

employment of 16 to 32 hours a week 

under a schedule consisting of an equal 

or varied number of hours per day. 

Permanent employee. Career or 

career-conditional appointment in the 

Competitive or SES or an appointment 

in the Excepted Service that carries no 

restrictions or conditions. 

Placement agency (recognized by the 

Secretary of Defense). An authorized 

placement agency in the United States 

or U.S. territories must be licensed for 

adoption by the State or territory in 

which the adoption procedures will be 

completed. In all other locations, a 

request for recognition must be 

approved by the appropriate Assistant 

Secretary of the Military Department 

concerned or an appropriate official to 

whom he or she has delegated approval 

authority. 

Pre-adoptive child. With respect to 

determinations of dependency made on 

or after October 5, 1994, an unmarried 

person who is placed in the home of the 

member or former member by a 

placement agency (recognized by the 

Secretary of Defense) in anticipation of 

the legal adoption of the person by the 

member or former member; AND is: 

(1) Younger than 21 years of age and 

(2) Not an eligible dependent of any 

other member or a former member; or, 

(3) Between the ages of 21 and 23 and 

enrolled in a full-time course of study 

at an institution of higher learning 

approved by the administering 

Secretary; and is: 

(4) Dependent on the member or 

former member for over one-half of the 

student’s support; or 

(5) Dependent on the member or 

former member for over one-half of the 

student’s support at the time of the 

member’s or former member’s death. 

(6) Incapable of self support because 

of a mental or physical incapacity that 

occurred while the person was 

considered a dependent of the member 

or former member; and: 

(7) Is dependent on the member or 

former member for over one-half of the 

person’s support or was at the time of 

the member’s or former member’s death. 

(8) Resides with the member or former 

member unless separated by the 

necessity of military service or to 

receive institutional care as a result of 

disability or incapacitation. 

Privileges. Rights or authorities that 

are provided based on position, 

authority, or status and may be removed 

by proper authority. 

Ready Reserve. Military members of 

the National Guard and Reserve, 

organized in units or as individuals, 

liable for recall to active duty to 

augment the active components in time 

of war or national emergency. The 

Ready Reserve consists of three Reserve 

Component subcategories: The SelRes, 

the IRR, and the ING. 

Remarried parent. A dependent 

parent of a deceased military member 

who loses dependency-based eligibility 

for benefits on remarriage. 

Retired Reserve entitled to pay at age 

60 (Gray Area Retirees). Reserve 

members who have completed 20 

qualifying years for retirement and are 

entitled to receive pay at age 60, but 

have not yet reached age 60. Reserve 

Retirees and their dependents receive 

commissary, MWR, and exchange 

benefits until the sponsor receives 

retired pay. Individuals may be recalled 

to active duty in accordance with 10 

U.S.C. 

Seasonal employment. Annually 

recurring periods of work of less than 12 

months each year. Seasonal employees 

generally are permanent employees who 

are placed in non-duty or non-pay status 

and recalled to duty in accordance with 

pre-established conditions of 

employment. Seasonal employees may 

have full-time, part-time, or intermittent 

work schedules. 

Selected Reserve (SelRes). Those 

National Guard and Reserve units and 

individuals within the Ready Reserve 

designated by their respective Services 

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and approved by the Chairman of the 

Joint Chiefs of Staff, as so essential to 

initial wartime missions that they have 

priority over all other Reserves. They 

must be prepared to mobilize within 24 

hours. The issuance of DD Form 1173– 

1 to their dependents and participation 

in the Guard and Reserve DEERS 

Enrollment Program are mandatory. 

Service Project Officer (SPO). The 

uniformed services, National Guard and 

Reserve Component, and agency-level 

office that coordinates with OUSD(P&R) 

on policy and functional matters related 

to DEERS, RAPIDS, and Trusted 

Associate Sponsorship System (TASS), 

and manages ID card operations within 

the respective organization. 

SES positions. Appropriated fund 

positions in an agency classified above 

General Service-15 pursuant to 5 U.S.C. 

5108 or in level 4 or 5 of the Executive 

Schedule, or an equivalent position, 

which is not required to be filled by an 

appointment by the President by and 

with the advice and consent of the 

Senate. 

Site security manager (SSM). The 

SPO-appointed individual that manages 

the daily operations at a RAPIDS site to 

include managing users, cardstock, and 

consumables. 

Sponsor. The prime beneficiary who 

derives his or her eligibility based on 

individual status rather than 

dependence of another person. This 

beneficiary receives benefits based on 

his or her direct affiliation to the DoD. 

Spouse. A person legally married 

under the law of the place in which the 

marriage was celebrated to a current, 

former, or retired uniformed service 

member, eligible civilian employee, or 

other eligible individual, in accordance 

with Part 1 and Part 2, regardless of 

gender or state of residence. 

Standby Reserve. Personnel who 

maintain their military affiliation 

without being in the Ready Reserve, 

who have been designated key civilian 

employees, or who have a temporary 

hardship or disability. These 

individuals are not required to perform 

training and are not part of units. These 

individuals are trained and could be 

mobilized, if necessary, to fill 

manpower needs in specific skills. 

Temporary assignment. An 

appointment for a specified period not 

to exceed 1 year. A temporary 

assignment can be extended up to a 

maximum of 1 additional year. 

Transitional Health Care (THC). A 

healthcare system, formerly known as 

Transition Assistance Management 

Program (TAMP), instituted in section 

502 of Public Law 101–510. It includes 

pre-separation and separation services, 

the Continued Health Care Benefit 

Program, a voluntary insurance program 

for sponsors and eligible dependents 

separating from active service; preseparation counseling service for 

separating uniformed services members; 

and various other transitional 

initiatives. Uniformed service members 

separated as uncharacterized entry-level 

separations do not qualify for THC. 

Section 706 of Public Law 108–375 

replaced the TAMP with the THC 

program. Section 651 of Public Law 

110–181 included the 2-year 

commissary and exchange privilege for 

involuntarily separated uniformed 

service members. The DoD added MWR 

to the benefit set and extended the same 

benefits to the eligible dependents. To 

qualify for benefits under this program, 

individuals must be separated with 

service characterized as honorable or 

general under honorable conditions 

meeting the separation reasons 

identified in 10 U.S.C. 1145. The THC 

program is a permanent program and 

made the medical eligibility 180 days 

for all eligible uniformed service 

members and eligible dependents. 

Enlisted uniformed service members 

discharged for reasons of misconduct, 

discharge in lieu of court-martial, or 

other reasons for which service 

normally is characterized as under other 

than honorable conditions are not 

eligible for transition benefits. Officers 

discharged as a result of resignation in 

lieu of trial by court-martial, or 

misconduct or moral or professional 

dereliction if the discharge could be 

characterized as under other than 

honorable conditions are not eligible for 

transition benefits. Pursuant to 10 

U.S.C. 1145, the qualifying periods of 

active duty include: 

(1) A member who is involuntarily 

separated from active duty. 

(2) A member of a Reserve Component 

who is separated from active duty to 

which called or ordered in support of a 

contingency operation if the active duty 

is for a period of more than 30 days. 

(3) A member who is separated from 

active duty for which the member is 

involuntarily retained in accordance 

with 10 U.S.C. 12305 in support of a 

contingency operation. 

(4) A member who is separated from 

active duty served pursuant to a 

voluntary agreement of the member to 

remain on active duty for a period of 

less than 1 year in support of a 

contingency operation. 

(5) A member who receives a sole 

survivorship discharge (as defined in 10 

U.S.C. 1174); or 

(6) A member who is separated from 

active duty who agrees to become a 

member of the SelRes. Section 734 of 

Public Law 110–417, which took effect 

on October 14, 2008 extended THC 

benefits to a uniformed service member 

who is separated from active duty who 

agrees to become a member of the 

SelRes of the Ready Reserve of a Reserve 

Component. 

Trusted Agent (TA). An individual 

appointed by a TASM that serves as a 

sponsor for eligible populations within 

TASS, utilizes TASS to register data for 

the DD Form 1172–2 (available at 

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

infomgt/forms/eforms/dd1172–2.pdf), 

re-verifies CAC holder affiliation, and 

revokes CACs. 

Trusted Agent Security Manager 

(TASM). An individual appointed by a 

SPO to oversee the activity for a specific 

TASS site and associated TAs. These 

individuals also serve in the TA role. 

Trusted Associate Sponsorship 

System (TASS) (formerly known as 

Contractor Verification System (CVS)). 

A Web application used to verify that 

CAC applicants have the appropriate 

government sponsorship for the purpose 

of issuing CACs. The TASS web 

interface automates the DD Form 1172– 

2 for tracking the request process and 

updating DEERS with applicant 

information required for CAC issuance. 

The system also provides a mechanism 

for periodic re-verification of contractor 

eligibility to ensure that information is 

current and contractor CACs do not 

remain active when not appropriate. 

This capability will be expanded to 

support registration and background 

investigation confirmation for 

additional CAC eligible populations. 

Unmarried. A widow or widower who 

remarried and whose marriage 

terminated by death or divorce, or a 

former spouse whose subsequent 

remarriage ended by death or divorce. 

Unremarried. A widow or widower 

who has never remarried, or a former 

spouse whose only remarriage was to 

the same military sponsor (periods of 

marriage in this case may be combined 

to document eligibility for former 

spouse benefits). 

Verifying Official (VO). An individual 

who is responsible for validating 

eligibility of bona fide beneficiaries to 

receive benefits and entitlements. 

Ward. An unmarried person whose 

care and physical custody has been 

entrusted to the sponsor by a legal 

decree or other instrument that a court 

of law or placement agency (recognized 

by the Secretary of Defense) issues. 

Includes foster children and children for 

whom a managing conservator has been 

designated. Wards must be dependent 

on the sponsor for over half of their 

support. An identification card issued to 

a ward may reflect entitlement to 

medical care benefits with respect to 

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determinations of dependency made on 

or after July 1, 1994, for children who 

are placed in the legal custody of the 

member or former member as a result of 

an order of a court of competent 

jurisdiction in the United States (or a 

territory or possession of the United 

States) for a period of at least 12 

consecutive months; and either: 

(1) Has not attained the age of 21; 

(2) Has not attained the age of 23 and 

is enrolled in a full-time course of study 

at an institution of higher learning 

approved by the administering 

Secretary; 

(3) Is incapable of self support 

because of a mental or physical 

incapacity that occurred while the 

person was considered a dependent of 

the member or former member; or 

(4) Is dependent on the member or 

former member for over one-half of the 

person’s support; resides with the 

member or former member unless 

separated by the necessity of military 

service or to receive institutional care as 

a result of disability or incapacitation or 

under such other circumstances as the 

administering Secretary may by 

regulation prescribe; and is not a 

dependent of a member or a former 

member under any other subparagraph. 

Widow. The spouse of a deceased 

male in the uniformed services. 

Widower. The spouse of a deceased 

female in the uniformed services. 

§ 161.4 Policy. 

(a) It is DoD policy that a distinct DoD 

ID card shall be issued to uniformed 

service members, their dependents, and 

other eligible individuals and will be 

used as proof of identity and DoD 

affiliation. 

(b) DoD ID cards shall serve as the 

Geneva Convention Card for eligible 

personnel in accordance with DoD 

Instruction 1000.1, ‘‘Identity Cards 

Required by the Geneva Convention’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/100001p.pdf). 

(c) DoD ID cards shall be issued 

through a secure and authoritative 

process in accordance with DoD 

Directive 1000.25, ‘‘DoD Personnel 

Identity Protection (PIP) Program’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/100025p.pdf). 

(d) The CAC, a form of DoD ID card, 

shall serve as the Federal Personal 

Identity Verification (PIV) card for DoD 

implementation of Homeland Security 

Presidential Directive 12, ‘‘Policy for a 

Common Identification Standard for 

Federal Employees and Contractors’’ 

(available at http://www.dhs.gov/

xabout/laws/gc_1217616624097.shtm). 

(e) ID cards, in a form distinct from 

the CAC, shall be issued and will serve 

as proof of identity and DoD affiliation 

for eligible communities that do not 

require the Federal PIV card that 

complies with Homeland Security 

Presidential Directive 12 and FIPS 

Publication 201–1, ‘‘Personal Identity 

Verification (PIV) of Federal Employees 

and Contractors’’ (available at http://

csrc.nist.gov/publications/fips/fips201- 

1/FIPS-201-1-chng1.pdf). 

§ 161.5 Responsibilities. 

(a) The USD(P&R) shall: 

(1) Oversee implementation of the 

procedures within this part. 

(2) Establish overall policy and 

procedures for the issuance of ID cards 

to members of the uniformed services, 

their dependents, and other eligible 

individuals. 

(3) Establish minimum acceptable 

criteria for establishment and 

confirmation of personal identity, policy 

for the issuance of the DoD enterprise 

personnel identity credentials, and 

approve of additional systems under the 

PIP Program in accordance with DoD 

Directive 1000.25. 

(4) Act as the Principal Staff Assistant 

(PSA) for the DEERS, the RAPIDS, and 

the Personnel Identity Protection (PIP) 

Program in accordance with DoD 

Directive 1000.25. 

(5) Maintain the DEERS data system 

in support of the Department of Defense 

in accordance with applicable law and 

directives. 

(6) Develop and field the required 

RAPIDS infrastructure and all elements 

of field support to issue ID cards 

including but not limited to software 

distribution, hardware procurement and 

installation, on-site and depot-level 

hardware maintenance, on-site and 

Web-based user training and central 

telephone center support, and 

telecommunications engineering and 

network control center assistance. 

(7) In coordination with the Under 

Secretary of Defense for Intelligence 

(USD(I)), the Under Secretary of Defense 

for Acquisition, Technology, and 

Logistics (USD(AT&L)), and the DoD 

Chief Information Officer (DoD CIO) 

establish policy and oversight for CAC 

life-cycle compliance with FIPS 

Publication 

201–1. 

(8) Establish procedures that will 

uniquely identify personnel with 

specific associations with the 

Department of Defense and maintain the 

integrity of the unique personnel 

identifier in coordination with the DoD 

Components in accordance with DoD 

Directive 8320.03, ‘‘Unique 

Identification (UID) Standards for a NetCentric Department of Defense’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/832003p.pdf). 

(b) The Assistant Secretary of Defense 

for Reserve Affairs (ASD(RA)), under the 

authority, direction, and control of the 

USD(P&R), shall develop policies and 

establish guidance for the National 

Guard and Reserve Component 

communities that affect benefits, 

entitlements, identity, and ID cards. 

(c) The Deputy Assistant Secretary of 

Defense for Military Community and 

Family Policy (DASD(MC&FP)), under 

the authority, direction, and control of 

the USD(P&R), shall develop policy and 

procedures to determine eligibility for 

access to DoD programs for MWR; 

commissaries; exchanges; lodging; 

children and youth; DoD schools; family 

support; voluntary and post-secondary 

education; and other military 

community and family benefits that 

affect identity and ID cards. 

(d) The Director, Defense Human 

Resources Activity (DHRA), under the 

authority, direction, and control of the 

USD(P&R), shall, in accordance with 

DoD Directive 1000.25: 

(1) Develop policies and procedures 

for the oversight, funding, personnel 

staffing, direction, and functional 

management of the PIP Program. 

(2) Coordinate with the Principal 

Under Secretary of Defense for Health 

Affairs (ASD(HA)), and the ASD(RA) on 

changes to enrollment and eligibility 

policy and procedures pertaining to 

personnel, medical, and dental issues 

that affect the PIP Program. 

(3) Develop policies and procedures 

to support the functional requirements 

of the PIP Program, DEERS, and the 

DEERS client applications. 

(4) Secure funding in support of new 

requirements to support the PIP 

Program or the enrollment and 

eligibility functions of DEERS and 

RAPIDS. 

(5) Approve the addition or 

elimination of population categories 

eligible for ID cards in accordance with 

applicable law. 

(6) Establish the type and form of ID 

card issued to eligible populations 

categories and administer pilot 

programs to determine the suitable form 

of ID card for newly identified 

populations. 

(e) The USD(AT&L) shall: 

(1) Update the Defense Federal 

Acquisition Regulation Supplement 

(DFARS), current edition (available at 

http://www.acq.osd.mil/dpap/dars/

dfarspgi/current/index.html) to support 

requirements for CAC and Homeland 

Security Presidential Directive 12 for 

contracts. 

(2) Ensure that the requirement for 

contractors to return CACs at the 

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completion or termination of each 

individual’s support on a specific 

contract is included in all applicable 

contracts. 

(f) The USD(I) shall: 

(1) Establish policy for the use of DoD 

issued ID cards for physical access 

purposes in accordance with DoD 

5200.08–R, ‘‘Physical Security Program’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/520008r.pdf). 

(2) Establish policy for military, 

civilian, and contractor employee 

background investigation, submission, 

and adjudication across the Department 

of Defense, in compliance with 

Homeland Security Presidential 

Directive 12 and Office of Personnel 

Management Memorandum, ‘‘Final 

Credentialing Standards for Issuing 

Personal Identity Verification (PIV) 

Cards Under HSPD–12’’ (available at 

http://www.opm.gov/investigate/

resources/final_credentialing_

standards.pdf). 

(g) The DoD CIO shall: 

(1) In coordination with the USD(I), 

USD(P&R), and USD(AT&L), establish 

policy and oversight for CAC life-cycle 

compliance with Federal Information 

Processing Standards Publication 

201–1. 

(2) Provide guidance regarding the use 

of DoD and non-DoD identification 

credentials on DoD information systems, 

including the Federal PIV cards, for 

authenticating to DoD network accounts 

and DoD private Web sites. 

(3) Ensure that the DoD Public Key 

Infrastructure (PKI) conforms to all 

applicable FIPS to the greatest extent 

possible. 

(h) The Heads of the DoD 

Components, the Director, USPHS, and 

the NOAA Administrator, shall: 

(1) Develop and implement 

Component-level procedures for DoD 

directed policies and statutory 

requirements to support benefits 

eligibility through DEERS. 

(2) Develop and implement 

Component-level ID card life-cycle 

procedures to comply with the 

provisions of this Instruction. 

(3) Ensure all DoD employees, 

uniformed service members, and all 

other eligible CAC applicants, including 

contractor employees and other affiliate 

CAC applicants, have met the 

background investigation requirements 

referenced in paragraph (a)(3) of § 161.6 

of this part prior to approving CAC 

sponsorship and registration. 

Background investigation status must be 

verified and documented by the sponsor 

or sponsoring organization in 

conjunction with application for CAC 

issuance. 

(4) Establish processes and 

procedures as part of the normal checkin and check-out process for collection 

of the CAC for all categories of DoD 

personnel and contractor employees 

when there is a separation, retirement, 

termination, contract termination or 

expiration, or CAC revocation. Since 

CACs contain personally identifiable 

information (PII), they shall be treated 

and controlled in accordance with 32 

CFR part 310, and DoD 5200.1–M, 

Volume 4, ‘‘DoD Information Security 

Program: Controlled Unclassified 

Information (CUI)’’ (available at http://

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

520001_vol4.pdf). CACs shall be 

returned to any RAPIDS issuance 

location for proper disposal in a timely 

manner once surrendered by the CAC 

holder. 

(5) Provide appropriate space and 

staffing for all DoD ID card issuing 

operations, as well as reliable 

telecommunications to and from the 

Defense Information Systems Agency 

managed Non-Classified Internet 

Protocol Router Network. 

(6) Provide funding for CAC 

cardstock, printer consumables, and 

electromagnetically opaque sleeves to 

Defense Manpower Data Center 

(DMDC). 

(7) Protect cardstock and consumables 

in accordance with the guidelines and 

standards issued and maintained by 

DMDC. 

(8) In accordance with Federal 

Information Processing Standards 

Publication 201–1, provide 

electromagnetic opaque sleeves or other 

comparable technologies to protect 

against any unauthorized contactless 

access to the cardholder unique 

identification number stored on the 

CAC. 

(9) Manage the distribution and 

locations of CAC personal identification 

number (PIN) reset workstations. 

(10) To the maximum extent possible, 

and in accordance with DoD 

Components’ designated accrediting 

authority guidelines, ensure networked 

workstations are properly configured 

and available for CAC holders to use the 

User Maintenance Portal-Post Issuance 

Portal (UMP–PIP) service. 

(11) Oversee supervision of TASS TAs 

and TA security managers and ensure 

the number of contractors overseen by 

any TA is manageable. 

(i) The Secretaries of the Military 

Departments; Director, USPHS; and 

Administrator, NOAA, shall: 

(1) Appoint project officers from a 

level that represents the Service 

position of the active, National Guard, 

and Reserve Components for personnel 

policy to serve on the Joint Uniformed 

Services Personnel Advisory 

Committee. 

(2) Comply with the provisions of this 

part and other related policy and 

procedural guidance from the 

Department of Defense. 

§ 161.6 Procedures. 

(a) The DoD ID card life cycle shall be 

supported by an infrastructure that is 

predicated on a systems-based model for 

credentialing as described in FIPS 

Publication 201–1. Paragraphs (a)(1) 

through (7) of this section represent the 

baseline requirements for the life cycle 

of all DoD ID cards. The specific 

procedures and sequence of order for 

these items will vary based on the 

applicant’s employment status or 

affiliation with the DoD and the type of 

ID card issued. Detailed procedures of 

the ID card life cycle for each category 

of applicant and type of ID card shall be 

provided by the responsible agency. 

(1) Sponsorship and eligibility. 

Sponsorship shall incorporate the 

processes for confirming eligibility for 

an ID card. The sponsor is the person 

affiliated with the DoD or other Federal 

agency who takes responsibility for 

verifying and authorizing the 

applicant’s need for an ID card. 

Applicants for a CAC must be sponsored 

by a DoD government official or 

employee. 

(2) Registration and enrollment. 

Sponsorship and enrollment 

information on the ID card applicant 

shall be registered in DEERS prior to 

card issuance. 

(3) Background investigation. A 

background investigation is required for 

those individuals eligible for a CAC. A 

background investigation is not 

currently required for those eligible for 

other forms of DoD ID cards. Sponsored 

CAC applicants shall not be issued a 

CAC without a favorably adjudicated 

background investigation stipulated in 

FIPS Publication 201–1. Applicants that 

have been denied a CAC based on an 

unfavorable adjudication of the 

background investigation may submit an 

appeal in accordance with FIPS 

Publication 201–1 and Office of 

Personnel Management Memorandum, 

‘‘Final Credentialing Standards for 

Issuing Personal Identity Verification 

Cards under HSPD–12.’’ 

(4) Identity and eligibility verification. 

Identity and eligibility verification shall 

be completed at a RAPIDS workstation. 

Verifying officials (VOs) shall inspect 

identity and eligibility documentation 

and RAPIDS shall authenticate 

individuals to ensure that ID cards are 

provided only to those sponsored and 

with a current affiliation with the DoD. 

RAPIDS shall also capture uniquely 

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identifying characteristics that bind an 

individual to the information 

maintained on that individual in DEERS 

and to the ID card issued by RAPIDS. 

These characteristics may include, but 

are not limited to, digital photographs 

and fingerprints. 

(5) Issuance. ID cards shall be issued 

at the RAPIDS workstation after all 

sponsorship, enrollment and 

registration, background investigation 

(CAC only), and identity and eligibility 

verification requirements have been 

satisfied. 

(6) Use and maintenance. ID cards 

shall be used as proof of identity and 

DoD affiliation to facilitate access to 

DoD facilities and systems. 

Additionally, ID cards shall represent 

authorization for entitled benefits and 

privileges in accordance with DoD 

policies. 

(7) Retrieval and revocation. ID cards 

shall be retrieved by the sponsor or 

sponsoring organization when the ID 

card has expired, when it is damaged or 

compromised, or when the card holder 

is no longer affiliated with the DoD or 

no longer meets the eligibility 

requirements for the card. The active 

status of an ID card shall be revoked 

within the DEERS and RAPIDS 

infrastructure and the PKI certificates on 

the CAC shall be revoked. 

(b) The guidelines and restrictions of 

this paragraph apply to all forms of DoD 

ID cards. 

(1) Any person willfully altering, 

damaging, lending, counterfeiting, or 

using these cards in any unauthorized 

manner is subject to fine or 

imprisonment or both, as prescribed in 

18 U.S.C. 499, 506, 509, 701, and 1001. 

Section 701 of 18 U.S.C. prohibits 

photographing or otherwise reproducing 

or possessing DoD ID cards in an 

unauthorized manner, under penalty of 

fine or imprisonment or both. 

Unauthorized or fraudulent use of ID 

cards would exist if bearers used the 

card to obtain benefits and privileges to 

which they are not entitled. Examples of 

authorized photocopying include 

photocopying of DoD ID cards to 

facilitate medical care processing, check 

cashing, voting, tax matters, compliance 

with 50 U.S.C. appendix 501 (also 

known as ‘‘The Service member’s Civil 

Relief Act’’), or administering other 

military-related benefits to eligible 

beneficiaries. When possible, the ID 

card will be electronically authenticated 

in lieu of photographing the card. 

(2) International agreements 

(including status-of-forces agreements) 

and host-nation law may limit and/or 

define the types of support available to 

personnel in overseas areas. Although 

an ID card may be used to verify 

eligibility in the United States for access 

to, for example, commissary or 

exchange facilities, the use of such 

facilities overseas may be limited to 

persons who are stationed or performing 

temporary duty in a foreign country 

under official orders in support of a 

mutual defense mission with the host 

nation. ID cards shall be issued only for 

the purposes identified in and in 

accordance with this Instruction, and 

the Heads of the DoD Components shall 

use other means, such as ration cards, 

to implement provisions in 

international agreements or to prevent 

violations of applicable host-nation law. 

ID cards shall not be issued for the sole 

purpose of implementing provisions of 

international agreements or restrictions 

based on applicable host-nation law. 

(3) All ID cards are property of the 

U.S. Government and shall be returned 

upon separation, resignation, firing, 

termination of contract or affiliation 

with the DoD, or upon any other event 

in which the individual no longer 

requires the use of such ID card. 

(4) To prevent any unauthorized use, 

ID cards that are expired, invalidated, 

stolen, lost, or otherwise suspected of 

potential or actual unauthorized use 

shall be revoked in DEERS along with 

the PKI certificates on the CACs 

immediately revoked. 

(5) There are instances where 

graphical representations of ID cards are 

necessary to facilitate the DoD mission. 

When used and distributed, the replicas 

must not be the same size as the ID card, 

must have the word ‘‘SAMPLE’’ written 

on them, and shall not contain an 

individual’s PII. All SAMPLE ID cards 

must be maintained in a controlled 

environment and shall not serve as a 

valid ID. 

(6) Individuals within the DoD who 

have multiple personnel category codes 

(e.g., an individual who is both a 

reservist and a contractor) shall be 

issued a separate ID card in each 

personnel category for which they are 

eligible. Multiple current ID cards of the 

same form (e.g., CAC) shall not be 

issued or exist for an individual under 

a single personnel category code. 

(7) ID cards shall not be amended, 

modified, or overprinted by any means. 

No stickers or other adhesive materials 

are to be placed on either side of an ID 

card. Holes shall not be punched into ID 

cards, except when a CAC has been 

requested by the next of kin for an 

individual who has perished in the line 

of duty. A CAC provided to next of kin 

shall have the status of the card revoked 

in DEERS, have the certificates revoked, 

and have a hole punched through the 

integrated circuit chip before it is 

released to the next of kin. 

(8) An ID card shall be in the personal 

custody of the individual to whom it 

was issued at all times. If required by 

military authority, it shall be 

surrendered for ID or investigation. 

(c) CAC migration to Federal PIV 

requirements. The DoD is migrating the 

CAC to meet the Federal requirements 

for credentialing contained within 

Homeland Security Presidential 

Directive 12 and FIPS Publication 201– 

1. Migration will take place over 

multiple years as the card issuance 

hardware, software, and supporting 

systems and processes are upgraded. 

Successful migration will require 

coordination and collaboration within 

and among all CAC communities (e.g., 

personnel security, operational security, 

industrial security, information security, 

physical security, and information 

technology). The organizations listed in 

this section will support the migration 

in conjunction with the responsibilities 

listed in § 161.5: 

(1) The Director, DMDC shall: 

(i) Procure and distribute CAC 

consumables, including card stock, 

electromagnetically opaque sleeves, and 

printer supplies, commensurate with 

funding received from the DoD 

Components. 

(ii) In coordination with the Office of 

the Under Secretary of Defense for 

Policy, establish an electronic process 

for securing CAC eligibility information 

on foreign government military, 

employee, or contract support personnel 

whose visit status and background 

investigation has been confirmed, 

documented, and processed in 

accordance with DoD Directive 5230.20, 

‘‘Visits and Assignments of Foreign 

Nationals’’ (available at http://

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

523020p.pdf). 

(iii) In accordance with FIPS 

Publication 201–1, electronically 

capture and store source documents in 

the identity-proofing process at the 

accession points for eligible ID card 

holders. 

(iv) Implement modifications to the 

CAC applets and interfaces, add 

contactless capability to the CAC 

platform and implement modifications 

to the CAC topology to support 

compliance with FIPS Publication 201– 

1. 

(v) Establish and implement 

procedures for capturing biometrics 

required to support CAC issuance, 

which includes fingerprints and facial 

images specified in FIPS Publication 

201–1 and National Institute of 

Standards and Technology Special 

Publication 800–76–1, ‘‘Biometric Data 

Specification for Personal Identity 

Verification’’ (available at http://

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csrc.nist.gov/publications/nistpubs/800- 

76-1/SP800-76-1_012407.pdf). 

(vi) In coordination with the 

Executive Manager for DoD Biometrics 

and the Office of the USD(AT&L), 

implement the capability to obtain two 

segmented images (primary and 

secondary) fingerprint minutiae from 

the full 10-print fingerprints captured as 

part of the initial background 

investigation process for CAC issuance. 

(vii) Maintain a capability for a CAC 

holder to reset or unlock PINs from a 

system outside of the CAC issuance 

infrastructure. 

(2) The Executive Manager for DoD 

Biometrics, as appointed by the 

Secretary of the Army as DoD Executive 

Agent for DoD Biometrics in accordance 

with DoD Directive 8521.01E, 

‘‘Department of Defense Biometrics’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/852101p.pdf), 

shall: 

(i) Establish biometric standards for 

collection, storage, and subsequent 

transmittal of biometric information in 

accordance with DoD Directive 

8521.01E (available at http://

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

852101p.pdf). 

(ii) In coordination with the 

USD(P&R), the USD(I), and the Heads of 

the DoD Components, establish 

capability for biometric collection and 

enrollment operations to support CAC 

issuance in accordance with 32 CFR 

part 310 and National Institute of 

Standards and Technology Special 

Publication 800–76–1 (available at 

http://csrc.nist.gov/publications/

nistpubs/800-76-1/SP800-76-1_

012407.pdf). 

(3) The Identity Protection and 

Management Senior Coordinating Group 

shall: 

(i) Monitor the CAC and identity 

management related activities outlined 

within this Instruction in accordance 

with DoD Directive 1000.25 (available at 

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

corres/pdf/100025p.pdf). 

(ii) Maintain a configuration 

management process for the CAC and its 

related components to monitor DoD 

compliance with FIPS Publication 201– 

1. 

Subpart B—DoD Identification (ID) 

Cards: ID Card Life-Cycle 

§ 161.7 ID card life-cycle procedures. 

(a) Sponsorship and eligibility. In 

accordance with this part, sponsorship 

shall incorporate the processes for 

confirming eligibility for an ID card. The 

sponsor is the person affiliated with the 

DoD or other Federal agency who takes 

responsibility for verifying and 

authorizing the applicant’s need for an 

ID card. Applicants for a CAC shall be 

sponsored by a DoD Government official 

or employee. 

(1) The population categories and 

specific ID cards for which applicants 

are eligible are listed in Appendix 1 of 

this section. The majority of these 

populations are eligible to be sponsored 

for an ID card based on either their 

employment status with the DoD or 

their authorization to receive DoD 

benefits and entitlements. Examples of 

these population categories include, but 

are not limited to: Uniformed services 

personnel; DoD civilian employees; 

military retirees; certain DoD 

beneficiaries; and the eligible 

dependents for these categories. 

(2) Specific populations, listed in 

paragraph (c)(2)(ii) of Appendix 1 of this 

section who are eligible to submit for 

the ‘‘U.S. DoD/Uniformed Service ID 

Card’’ may only be sponsored if they 

meet additional criteria. Examples of 

these population categories include DoD 

contractors, non-DoD Federal civilians, 

State employees, and other non-DoD 

personnel that have an affiliation with 

the DoD other than through employment 

or contract. Eligibility for these 

approved population categories is based 

on the DoD Government sponsor’s 

determination of the type and frequency 

of access required to DoD facilities or 

networks. For the populations described 

in this paragraph, the applicant’s 

sponsor must confirm that the applicant 

meets one of the requirements in 

paragraphs (a)(2)(i) and (iii) of this 

section: 

(i) Both physical access to a DoD 

facility and access, via logon, to DoD 

networks on-site or remotely. Access to 

the DoD network must require the use 

of a computer with Governmentcontrolled configuration or use of a 

DoD-approved remote access procedure 

in accordance with the Defense 

Information Systems Agency Security 

Technical Implementation Guide, 

‘‘Secure Remote Computing’’ (available 

at http://iase.disa.mil/stigs/a-z.html 

under ‘‘Remote. . .’’). 

(ii) Remote access, via logon, to a DoD 

network using DoD-approved remote 

access procedures. 

(iii) Physical access to multiple DoD 

facilities or multiple non-DoD federally 

controlled facilities on behalf of the DoD 

(applicable to DoD contractors only) on 

a recurring basis for a period of 6 

months or more. 

(A) The frequency of ‘‘recurring basis’’ 

for access shall be determined by the 

DoD Component concerned in 

coordination with installation security 

policies. 

(B) CAC eligibility for applicants 

requiring physical access to multiple 

DoD facilities on a recurring basis for 

less than 6 months are risk-based 

decisions that shall be made by the DoD 

Component concerned in coordination 

with installation security policies. 

These applicants may instead be eligible 

for local or regional base passes in 

accordance with Office of the Under 

Secretary of Defense for Intelligence 

(USD(I)) and local installation security 

policies and procedures. 

(b) Registration and enrollment. In 

accordance with this part, sponsorship 

and enrollment information about the ID 

card applicant shall be registered in the 

DEERS prior to card issuance. 

(1) For uniformed services personnel 

and DoD civilians, all submissions to 

DEERS must be made electronically via 

an authorized data source feed (e.g., 

Civilian Personnel Management 

Service). Data source feeds for 

additional population categories shall 

be approved and incorporated by the 

Office of the USD(P&R) (OUSD(P&R)) as 

they become available. 

(2) The population categories that are 

not registered via an authorized data 

source feed will be registered in DEERS 

via the RAPIDS using the DD Form 

1172–2 or via the TASS (formerly 

known as CVS, as described in § 161.8 

of this subpart. 

(c) Background Investigation. In 

accordance with this subpart, a 

background investigation is required for 

those individuals eligible for a CAC. A 

background investigation is not 

currently required for those eligible for 

other forms of DoD ID cards. The use of 

the CAC, as the DoD Federal personal 

identity verification (PIV) card, is 

governed and supported by additional 

policies when compared to non-CAC ID 

cards. Sponsored CAC applicants shall 

not be issued a CAC without the 

required background investigation 

stipulated in FIPS Publication 201–1, 

‘‘Personal Identity Verification (PIV) of 

Federal Employees and Contractors’’ 

(available at http://csrc.nist.gov/

publications/fips/fips201-1/FIPS-201-1- 

chng1.pdf). 

(1) A background investigation shall 

be initiated by the sponsoring 

organization before a CAC can be 

issued. The mechanisms required to 

verify completion of background 

investigation activities for DoD, 

military, and civilian CAC populations 

are managed within the DoD human 

resources and personnel security 

communities and are linked to the CAC 

issuance process. An automated means 

is not currently in place to confirm the 

vetting for populations other than DoD 

military and civilian personnel such as 

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CAC-eligible contractors and non-DoD 

Federal civilian affiliates. When data is 

not available within the CAC issuance 

infrastructure on the background 

investigation status for an applicant, the 

sponsor shall be responsible for 

confirming that the required background 

investigation procedures comply with 

the FIPS Publication 201–1 before a 

CAC is authorized for issuance. 

(2) Initial issuance of a CAC requires, 

at a minimum, the completion of the 

Federal Bureau of Investigation (FBI) 

fingerprint check with favorable results 

and submission of a NACI (or 

investigation approved in Federal 

Investigative Standards) to the USD(I) 

approved investigative service provider. 

Completed NACI’s for CAC issuance 

shall be adjudicated in accordance with 

Office of Personnel Management 

Memorandum, ‘‘Final Credentialing 

Standards for Issuing Personal Identity 

Verification Cards under HSPD–12’’ 

(available at http://www.opm.gov/

investigate/resources/final_

credentialing_standards.pdf). 

(3) Except for uniformed services 

members, non-U.S. person CAC 

applicants that do not meet the criteria 

to complete a NACI (e.g., U.S. residency 

requirements), must meet one of the 

criteria in paragraph (c)(3)(i) or (ii) of 

this section prior to CAC issuance. 

CACs issued to these non-U.S. persons 

shall display a blue stripe as described 

in Appendix 2 of this section. 

Procedures for the acceptance of this 

CAC shall be in accordance with DoD 

policy for physical and logical access. 

The specific background investigation 

conducted on the non-U.S. person may 

vary based on governing international 

agreements. Non-U.S. persons must: 

(i) Possess (as foreign military, 

employee, or contract support 

personnel) a visit status and security 

assurance that has been confirmed, 

documented, and processed in 

accordance with international 

agreements pursuant to DoD Directive 

5230.20, ‘‘Visits and Assignments of 

Foreign Nationals’’ (available at http://

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

523020p.pdf). 

(ii) Meet (as direct or indirect DoD 

hire personnel overseas) the 

investigative requirements for DoD 

employment as recognized through 

international agreements pursuant to 

Volume 1231 of DoD Instruction 

1400.25, ‘‘DoD Civilian Personnel 

Management System: Employment of 

Foreign Nationals’’ (available at http://

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

html/CPM_table2.html). In addition to 

these investigative requirements, a 

fingerprint check against the FBI 

criminal history database, an FBI 

investigations files (name check search), 

and a name check against the Terrorist 

Screening Database shall be required 

prior to CAC issuance in accordance 

with Office of Personnel Management 

Memorandum, ‘‘Final Credentialing 

Standards for Issuing Personal Identity 

Verification Cards under HSPD–12.’’ 

(d) Identity and eligibility verification. 

In accordance with this part, identity 

and eligibility verification shall be 

completed at a RAPIDS workstation. 

VOs shall inspect identity and eligibility 

documentation and RAPIDS shall 

authenticate individuals to ensure that 

ID cards are provided only to those 

sponsored and who have a current 

affiliation with the DoD. RAPIDS shall 

also capture uniquely identifying 

characteristics that bind an individual 

to the information maintained in DEERS 

and to the ID card issued by RAPIDS. 

These characteristics may include, but 

are not limited to, digital photographs 

and fingerprints. 

(1) Identity documents. Applicants for 

initial ID card issuance shall submit two 

identity documents in original form as 

proof of identity. A VO at a RAPIDS 

workstation shall inspect and verify the 

documents presented by the applicant 

before ID card issuance. The identity 

documents must come from the list of 

acceptable documents included in the 

Form I–9 ‘‘Employment Eligibility 

Verification’’ (http://www.uscis.gov/

files/form/i-9.pdf) in OMB No. 115– 

0136 or, for non-U.S. persons, other 

sources as outlined within paragraph 

(d)(1)(ii). ‘‘Certified true’’ copies of the 

identity documentation may be 

accepted so long as they have been 

issued by the originating source (e.g., a 

copy of a birth certificate may be 

acceptable so long as it has been 

certified as valid by the issuing State). 

In accordance with applicable law, at 

least one of the two identity documents 

shall be a valid (unexpired) State or 

Federal Government-issued picture ID. 

The identity documents shall be 

inspected for authenticity and scanned 

and stored in the DEERS in accordance 

with the DMDC, ‘‘Real-time Automated 

Personnel Identification System 

(RAPIDS) User Guide’’ upon issuance of 

an ID card. The requirement for the 

primary identity document to have a 

photo cannot be waived for initial ID 

card issuance, consistent with 

applicable statutory requirements. 

Identity documentation requirements 

for renewal or re-issuance are provided 

in paragraph (e)(3) of this section. When 

it has been determined that a CAC 

applicant has purposely misrepresented 

or not provided his or her true identity, 

the case shall be referred by the relevant 

RAPIDS Service Project office (SPO) to 

the sponsoring DoD Component 

organization. The DoD Component 

organization concerned shall initiate an 

investigation or provide appeals 

procedures as appropriate. Exceptions 

to the identity documentation 

requirements for initial ID card issuance 

are provided in paragraphs (d)(1)(i) and 

(d)(1)(ii) of this section: 

(i) Children. Children under the age of 

18 applying for a dependent ID card are 

only required to provide documentation 

for the initial verification of eligibility 

or proof of relationship to the sponsor 

described in paragraph (d)(2) of this 

section. 

(ii) Documentation for non-U.S. 

persons. At foreign locations, eligible 

non-U.S. persons may not possess 

identity documentation from the Form 

I–9 required for ID card issuance. These 

individuals shall still provide personal 

ID as required by the intent of this 

paragraph (d)(1). Non-U.S. persons 

within the continental United States 

(CONUS) shall present a valid 

(unexpired) foreign passport as the 

primary form of identity source 

documentation. DoD organizations 

based outside the CONUS should work 

with the local consular affairs office to 

determine guidelines for the appropriate 

identity documentation for eligible nonU.S. persons in accordance with 

agreements with host nations. It is 

recommended that a foreign passport be 

used as the primary form of identity 

source documentation for these 

individuals. The requirement for the 

primary identity document to have a 

photo cannot be waived. Additional 

documentation used to verify identity 

must be original or certified true copies. 

All documentation not in English must 

have a certified English translation. 

(2) Eligibility documents. ID card 

applicants may be required to provide 

documentation as initial verification of 

eligibility for benefits or proof of 

relationship to the sponsor. The 

eligibility documents shall be inspected 

for authenticity by the VO and scanned 

and stored in DEERS in accordance with 

the procedures in DMDC, ‘‘Real-time 

Automated Personnel Identification 

System (RAPIDS) User Guide.’’ 

Specifications and the types of 

documents and how they are utilized to 

verify eligibility for a member or 

dependent based on their status (e.g., 

Retired, Reservist, spouse, former 

spouse, child) shall be established by 

the uniformed services subject to the 

guidelines in this subpart. All 

documentation used to verify eligibility 

must be original or certified true copies. 

All documentation not in English must 

have a certified English translation. 

Eligibility documentation is not 

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required when DEERS can verify 

eligibility via an authoritative source or 

process. 

(3) DEERS verification. The VO shall 

utilize DEERS to verify affiliation and 

eligibility for benefits as described in 

subpart C of this part. 

(4) Biometrics. In accordance with 

DoD Directive 1000.25, ID card 

applicants shall provide two fingerprint 

biometric scans and a facial image, to 

assist with authenticating the 

applicant’s identity and to bind the 

information maintained on that 

individual in DEERS and to the ID card 

issued by RAPIDS. These requirements 

shall be integrated into the ID card 

issuance processes in the following 

manner: 

(i) A digitized, full-face passport-type 

photograph will be captured for the 

facial image and stored in DEERS and 

shall have a plain white or off-white 

background. No flags, posters, or other 

images shall appear in the photo. All ID 

cards issued will display a photograph. 

(ii) Two fingerprints are captured for 

storage within DEERS for applicable ID 

card applicants. The right and left index 

fingers shall normally be designated as 

the primary and secondary finger, 

respectively. However, if those fingers 

cannot be imaged, the primary and 

secondary designations shall be taken in 

the following order of priority: Right 

thumb, left thumb, right middle finger, 

left middle finger, right ring finger, left 

ring finger, right little finger, left little 

finger. 

(iii) If two fingerprints cannot be 

captured, the facial image will be the 

alternative for authenticating ID card 

applicants and ID card holders during 

the issuance process. Additionally, 

when verification or capture of 

biometrics is not possible, authorization 

will be provided by the RAPIDS SSM’s 

digital signature. This transaction shall 

be subject to audit by DMDC and the 

uniformed services. 

(e) Issuance. In accordance with this 

part, ID cards shall be issued at the 

RAPIDS workstation after all 

sponsorship, enrollment and 

registration, background investigation 

(CAC only), and identity and eligibility 

verification requirements have been 

satisfied. Initial issuance of an ID card 

to an applicant will be contingent on 

satisfying the criteria in paragraphs (a) 

through (d) of this section. 

(1) Cross-servicing. The uniformed 

services agree to cross-service the 

issuance of ID cards when affiliation 

and eligibility can be verified in DEERS. 

When eligibility cannot be verified 

through DEERS, presentation of 

documentation shall be required. The 

uniformed services shall restrict crossservicing for verification of the DD Form 

1172–2 and eligibility documentation to 

the parent uniformed service for the 

categories in paragraphs (e)(1)(i) through 

(viii) of this section: 

(i) Initial application for permanently 

incapacitated individuals over age 21 

and temporarily incapacitated children 

over age 21. 

(ii) All dependent parents and 

parents-in-law. 

(iii) Illegitimate child of a male 

sponsor, whose paternity has not been 

judicially determined. 

(iv) Illegitimate child of spouse or 

sponsor. 

(v) Unremarried and unmarried 

former spouses applying for initial 

issuance of an ID card. 

(vi) Retiree from other services, and 

former members not currently enrolled 

in DEERS. 

(vii) Surviving dependents of Reserve 

Retirees on the sponsor’s 60th birthday. 

(viii) Abused dependents. 

(ix) Wards. 

(2) Expiration dates. (i) Except as 

noted in paragraphs (e)(2)(i)(A) and (B) 

of this section, CACs shall be issued for 

a period not to exceed 3 years from the 

date of issuance or contract expiration 

date, whichever is shorter. Unfunded 

contract options shall be considered in 

the determination of the length of 

contract. For example, a contractor 

hired under DoD contract with a base 

year plus 2 option years shall be issued 

a CAC with a 3-year expiration. The 

expiration date of the PKI certificates on 

the CAC shall match the expiration date 

on the card. 

(A) DD Form 1173, ‘‘United States 

Uniformed Services ID and Privilege 

Card,’’ or CACs issued to DoD civilian 

employees, contractors, and other 

eligible personnel assigned overseas or 

deploying in support of contingency 

operations shall have an expiration date 

coinciding with their deployment 

period end date. 

(B) Service Academy students shall be 

issued 4-year cards with 3-year 

certificates. 

(ii) Non-CAC ID cards shall be given 

expiration dates in accordance with the 

guidance listed on http://www.cac.mil. 

(3) Renewal and reissuance. 

Consistent with applicable law, the 

applicant for ID renewal or reissuance 

shall be required to surrender the 

current DoD ID card that is up for 

renewal or reissuance except as 

indicated for lost and stolen ID cards in 

paragraph (e)(3)(iii) of this section. To 

authenticate renewal or reissuance 

applicants, the VO shall visually 

compare the applicant against the facial 

image stored in DEERS. For applicants 

who have fingerprint biometrics stored 

in DEERS, live fingerprint biometrics 

samples shall be checked against the 

applicant’s DEERS record. If the 

biometric check confirms the identity of 

the renewal or reissuance applicant then 

no additional documentation is required 

to verify identity other than the ID card 

that is being renewed or reissued 

(documentation may still be required to 

verify or re-verify eligibility as 

described in paragraph (d)(2) of this 

section). As a general practice for 

renewal or re-issuance, two fresh 

fingerprint biometric captures may be 

stored for applicable personnel through 

the initial procedures in paragraph 

(d)(4)(ii) of this section to support 

DMDC’s biometric update schedule. 

(i) An ID card holder may apply for 

a renewal starting 90 days prior to the 

expiration of a valid ID. The SPO can 

provide exceptions to this requirement. 

(ii) An ID card shall be reissued when 

printed information requires changes 

(e.g., pay grade, rank, change in 

eligibility), when any of the media 

(including printed data, magnetic stripe, 

bar codes, or integrated circuit chip) 

becomes illegible or inoperable, or when 

a CAC is known or suspected to be 

compromised. 

(iii) An ID card shall be reissued 

when it is reported lost or stolen. The 

individual reporting a lost or stolen ID 

card shall be required to provide a valid 

(unexpired) State or Federal 

Government-issued picture ID as noted 

in paragraph (d)(1) of this section, 

consistent with applicable law, when 

available. If the individual is unable to 

present the required identity 

documentation, a biometric verification 

shall be used as proof of identity as 

described in paragraph (e)(3)(iii)(A) of 

this section. The VO shall verify the 

cardholder’s identity against the 

biometric information stored in DEERS 

and confirm the expiration date of the 

missing ID card. The individual shall 

also be required to present 

documentation from the local security 

office or ID card sponsor confirming that 

the ID card has been reported lost or 

stolen. This documentation must be 

scanned and stored in DEERS. For 

dependents, the DD Form 1172–2 serves 

as the supporting documentation for a 

lost or stolen card. For individuals 

sponsored through TASS, the 

replacement ID card shall have the same 

expiration date as the lost or stolen card. 

(A) If no identity documentation is 

available but biometric information 

(facial image or fingerprint when 

applicable) in the DEERS database can 

be verified by the VO, an ID card can be 

reissued to the individual upon the 

additional approval of a SSM. This 

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720 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

transaction shall be digitally signed and 

audited. 

(B) If biometric information cannot be 

verified, the requirements for initial 

issuance shall apply or a temporary card 

may be issued in accordance with 

paragraph (e)(4) of this section. 

(4) Temporary cards—(i) Temporary 

issuance of a CAC. During contingency 

operations, in the event there is no 

communication with the DEERS 

database or the certificate authority, a 

temporary CAC may be issued with an 

abbreviated expiration date for a 

maximum of 10 days. The temporary 

card will not have PKI certificates and 

will be replaced as soon as the member 

can reach an online RAPIDS station or 

communications have been restored. 

Additionally, the temporary CAC does 

not communicate or imply eligibility to 

any DoD benefit. This capability will be 

enabled only at affected RAPIDS sites 

and must have approval granted by 

DMDC. 

(ii) Temporary issuance of a 

Uniformed Services Identification card. 

There are multiple scenarios under 

which a temporary Uniformed Services 

Identification card may be issued. The 

uniformed services shall develop 

standard processes and procedures for 

scenarios requiring issuance of a 

temporary DD Forms 2765 ‘‘Department 

of Defense/Uniformed Services 

Identification and Privilege Card’’ or DD 

1173, including but not limited to those 

situations where the applicant needs to 

obtain the necessary legal 

documentation or the sponsor is 

unavailable to provide an authorizing 

signature. 

(5) Multiple cards. Individuals shall 

be issued a separate ID card for each 

population category for which they 

qualify as described in Appendix 1 of 

this section. In instances where an 

individual has been issued more than 

one ID card (e.g., an individual that is 

eligible for an ID card as both a 

Reservist and as a DoD contractor 

employee), only the ID card that most 

accurately depicts the capacity in which 

the individual is affiliated with the DoD 

should be utilized at any given time. 

(f) Use and maintenance. In 

accordance with this part, ID cards shall 

be used as proof of identity and DoD 

affiliation to facilitate access to DoD 

facilities and systems. Additionally, ID 

cards shall represent authorization for 

entitled benefits and privileges in 

accordance with DoD policies. The 

CAC, as the DoD Federal PIV card, is 

governed and supported by additional 

policies and infrastructure when 

compared to non-CAC ID cards. This 

section provides additional guidance on 

CAC use and maintenance: 

(1) Access. The granting of access 

privileges is determined by the facility 

or system owner as prescribed by the 

DoD. 

(2) Accountability. CAC holders will 

maintain accountability of their CAC at 

all times while affiliated with the DoD. 

(3) PKI. Using the RAPIDS platform, 

DoD PKI identity and PIV 

authentication certificates will be issued 

on the CAC at the time of card issuance 

in compliance with OPM Memorandum, 

‘‘Final Credentialing Standards for 

Issuing Personal Identity Verification 

Cards under HSPD–12.’’ Email 

signature, email encryption, or PIV 

authentication certificates may also be 

available on the CAC either upon 

issuance or at a later time. If the person 

receiving a CAC does not have an 

organization email address assigned to 

them, they may return to a RAPIDS 

terminal or use milConnect to receive 

their email certificate when the email 

address has been assigned. To help 

prevent inadvertent disclosure of 

controlled information, email addresses 

assigned by an organization shall 

comply with DoD Instruction 8500.2, 

‘‘Information Awareness (IA) 

Implementation’’ (available at http://

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

850002p.pdf). 

(4) milConnect. DoD has a self-service 

Web site available that allows an 

authenticated CAC holder to add 

applets to the CAC, change the email 

address, add/update Email Signature 

and Email Encryption Certificates, and 

activate the Personal Identity 

Verification (PIV) Authentication 

certificate. This capability can be 

utilized from any properly configured 

UNCLASSIFED networked workstation. 

The milConnect Web site is https://

www.dmdc.osd.mil/milconnect. 

(5) CAC Personal ID Number (PIN) 

Reset. DoD has manned workstations 

capable of resetting the PINs of a CAC 

holder with a locked card or forgotten 

PIN. These workstations are intended to 

provide alternative locations for CAC 

holders to service their cards other than 

RAPIDS issuance locations. To 

authenticate cardholders, live biometric 

samples shall be checked against the 

biometrics stored in DEERS prior to 

resetting CACs. This process requires 

the presence of a CPR trusted agent 

(CTA) or TASM or RAPIDS VO or SSM. 

(g) Retrieval and revocation. In 

accordance with this part, ID cards shall 

be retrieved by the sponsor or 

sponsoring organization when the ID 

card has expired, when it is damaged or 

compromised, or when the card holder 

is no longer affiliated with the DoD or 

no longer meets the eligibility 

requirements for the card. The active 

status of the card shall be terminated 

within the DEERS and RAPIDS 

infrastructure. The CAC, as the DoD 

Federal PIV card, is governed and 

supported by additional policies and 

infrastructure when compared to nonCAC ID cards. This section provides 

additional guidance on CAC retrieval 

and revocation: 

(1) CACs shall be retrieved as part of 

the normal organizational or commandlevel check-out processes. The active 

status of the CAC shall also be 

terminated in special circumstances 

(e.g., absent without leave, unauthorized 

absence, missing in action) in 

accordance with organization or 

command-level security policies. 

(2) The DoD sponsor or sponsoring 

organization is ultimately responsible 

for retrieving CACs from their personnel 

who are no longer supporting their 

organization or activity. CAC retrieval 

will be documented and treated as 

personally identifiable information, in 

accordance with DoD Regulation 

5200.1–R, and 32 CFR part 310 and 

receipted to a RAPIDS site for 

disposition in a timely manner. 

(3) Upon loss, destruction, or 

revocation of the CAC, the certificates 

thereon are revoked and placed on the 

certificate revocation list in accordance 

with Assistant Secretary of Defense for 

Networks and Information Integration 

Certificate Policy, ‘‘X.509 Certificate 

Policy for the United States Department 

of Defense’’ (available at http://

jitc.fhu.disa.mil/pki/documents/dod_

x509_certificate_policy_v9_0_9_

february_2005.pdf). All other situations 

that pertain to the disposition of the 

certificates are handled in accordance 

with Assistant Secretary of Defense for 

Networks and Information Integration 

Certificate Policy, ‘‘X.509 Certificate 

Policy for the United States Department 

of Defense’’ as implemented. 

Appendix 1 to § 161.7—ID Card 

Descriptions and Population Eligibility 

Categories 

(a) Overview. Paragraphs (b) through (e) of 

this appendix contain information on the 

CAC type of ID card. The remaining 

paragraphs in the appendix contain 

information on all other versions of DoD 

enterprise-wide ID cards. This appendix 

describes these cards and lists some of the 

categories of populations that are eligible to 

be sponsored for the cards under the 

guidelines described in paragraph (a) of 

§ 161.7; additional ID-card eligible categories 

are codified in subpart C of this part. RAPIDS 

accesses DEERS information collected by the 

DD Form 1172–2 to generate all of the ID 

Cards identified in this appendix. The 

benefits and entitlements that support ID 

card eligibility for populations in this 

appendix are described in subpart C of this 

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part. Guidelines and restrictions that pertain 

to all forms of DoD ID cards are included in 

this part. 

(b) Armed Forces of the United States 

Geneva Conventions ID Card—(1) 

Description. This CAC is the primary ID card 

for uniformed services members and shall be 

used to identify the member’s eligibility for 

benefits and privileges administered by the 

uniformed services as described in subpart C 

of this part. The CAC shall also be used to 

facilitate standardized, uniform access to 

DoD facilities, installations, and computer 

systems. 

(i) The card shall also serve as ID for 

purposes of Geneva Convention requirements 

in accordance with DoD Instruction 1000.01. 

(ii) If a member is captured as a hostage, 

detainee, or prisoner of war (POW), the card 

shall be shown to the capturing authorities, 

but, insofar as possible, should not be 

surrendered. 

(2) Eligibility. Those populations eligible 

for this type of CAC include: 

(i) Members of the regular components of 

the Military Services. 

(ii) Members of the Selected Reserve of the 

Ready Reserve of the Reserve Components. 

(iii) Members of the IRR of the Ready 

Reserve authorized in accordance with 

regulations prescribed by the Secretary of 

Defense to perform duty in accordance with 

10 U.S.C. 10147. 

(iv) Uniformed services members of NOAA 

and USPHS. 

(c) U.S. DoD or Uniformed Services ID 

Card—(1) Description. This CAC is the 

primary ID card for eligible civilian 

employees, contractors, and foreign national 

affiliates and shall be used to facilitate 

standardized, uniform access to DoD 

facilities, installations, and computer 

systems. 

(2) Eligibility. (i) DoD civilian employees 

are eligible for this CAC, to include: 

(A) Individuals appointed to appropriated 

fund and NAF positions. 

(B) USCG and NOAA civilian employees. 

(C) Permanent or time-limited employees 

on full-time, part-time, or intermittent work 

schedules for 6 months or more. 

(D) SES, Competitive Service, and 

Excepted Service employees. 

(ii) Eligibility for additional populations 

shall be based on a combination of the 

personnel category and the DoD Government 

sponsor’s determination of the type and 

frequency of access required to DoD networks 

and facilities described in paragraph (a) of 

§ 161.7 of this subpart. These personnel 

categories include: 

(A) Non-DoD civilian employees to 

include: 

(1) State employees working in support of 

the National Guard. 

(2) IPA employees. 

(3) Non-DoD Federal employees that are 

working in support of DoD but do not possess 

a Federal PIV card that is accepted by the 

sponsoring DoD Component. DoD 

Components shall obtain DHRA approval 

prior to sponsorship. 

(B) DoD contractors. 

(C) USCG and NOAA contractors. 

(D) Persons whose affiliation with DoD is 

established through: 

(1) Direct and Indirect Hiring Overseas. 

Non-U.S. citizens hired under an agreement 

with the host nation and paid directly by the 

uniformed services (direct hire) or paid by an 

entity other than the uniformed services for 

the benefits of the uniformed services 

(indirect hire). 

(2) Assignment as Foreign Military, Foreign 

Government Civilians, or Foreign 

Government Contractors to Support DoD 

Missions. Non-U.S. citizens who are 

sponsored by their government as part of an 

official visit or assignment to work with DoD. 

(3) Procurement Contracts, Grant 

Agreements or Other Cooperative 

Agreements. Individuals who have a 

established relationship between the U.S. 

Government and a State, a local government, 

or other recipient as specified in 31 U.S.C. 

6303, 6304, and 6305. 

(d) U.S. DoD or Uniformed Services ID and 

Privilege Card—(1) Description. This CAC is 

the primary ID card for civilian employees, 

contractors, and foreign national military, as 

well as other eligible individuals entitled to 

benefits and privileges administered by the 

uniformed services as described in subpart C 

of this part. The CAC shall be used to 

facilitate standardized, uniform access to 

DoD facilities, installations, and computer 

systems. 

(2) Eligibility. Specific population 

categories are entitled to benefits and 

privileges, in accordance with subpart C of 

this part, and shall be eligible for this CAC, 

to include: 

(i) DoD and uniformed services civilian 

employees (both appropriated and nonappropriated) when required to reside in a 

household on a military installation within 

the CONUS, Hawaii, Alaska, Puerto Rico, and 

Guam. 

(ii) DoD and uniformed services civilian 

employees when stationed or employed and 

residing in foreign countries for a period of 

at least 365 days. 

(iii) DoD contractors when stationed or 

employed and residing in foreign countries 

for a period of at least 365 days. 

(iv) DoD Presidential appointees who have 

been appointed with the advice and consent 

of the Senate. 

(v) Civilian employees of the Army and Air 

Force Exchange System, Navy Exchange 

System, and Marine Corps Exchange System 

and NAF activity employees of the Coast 

Guard Exchange Service. 

(vi) Uniformed and non-uniformed fulltime paid personnel of the Red Cross 

assigned to duty with the uniformed services 

within the CONUS, Hawaii, Alaska, Puerto 

Rico, and Guam, when required to reside in 

a household on a military installation. 

(vii) Uniformed and non-uniformed, fulltime, paid personnel of the Red Cross 

assigned to duty with the uniformed services 

in foreign countries. 

(viii) Foreign military who meet the 

eligibility requirement of paragraph (a)(2) of 

§ 161.7 and are in one of the categories in 

paragraphs (d)(2)(viii)(A) through (C) of this 

appendix. Those foreign military not meeting 

the eligibility requirements for CAC as 

described in paragraph (a)(2) of § 161.7 shall 

be issued a DD Form 2765 as described in 

paragraph (l) of this appendix. 

(A) Active duty officers and enlisted 

personnel of North Atlantic Treaty 

Organization (NATO) and Partnership For 

Peace (PFP) countries serving in the United 

States under the sponsorship or invitation of 

the DoD or a Military Department. 

(B) Active duty officers and enlisted 

personnel of non-NATO countries serving in 

the United States under the sponsorship or 

invitation of the DoD or a Military 

Department. 

(C) Active duty officers and enlisted 

personnel of NATO and non-NATO countries 

when serving outside the United States and 

outside their own country under the 

sponsorship or invitation of the DoD or a 

Military Department, or when it is 

determined by the major overseas 

commander that the granting of such 

privileges is in the best interests of the 

United States and such personnel are 

connected with, or their activities are related 

to, the performance of functions of the U.S. 

military establishment. 

(e) U.S. DoD or Uniformed Service Geneva 

Conventions ID Card for Civilians 

Accompanying the Armed Forces—(1) 

Description. This CAC serves as the DoD and/ 

or Uniformed Services Geneva Conventions 

ID card for civilians accompanying the 

uniformed services and shall be used to 

facilitate standardized, uniform access to 

DoD facilities, installations, and computer 

systems. 

(2) Eligibility. The following population 

categories are eligible for this CAC: 

(i) Emergency-essential employees as 

defined in DoD Directive 1404.10, ‘‘DoD 

Civilian Expeditionary Workforce’’ (available 

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

pdf/140410p.pdf). 

(ii) Contractors authorized to accompany 

the force (contingency contractor employees) 

as defined in Joint Publication 1–02 

(available at http://www.dtic.mil/doctrine/

new_pubs/jp1_02.pdf). 

(f) DD Form 2, ‘‘Armed Forces of the 

United States Identification Card 

(Reserve).’’—(1) Description. This is the 

primary ID card for RC members not eligible 

for a CAC. Benefits and privileges shall be 

administered by the uniformed services as 

described in subpart C of this part. 

(i) The DD Form 2S (RES) shall serve as ID 

for purposes of the Geneva Convention 

requirements in accordance with DoD 

Instruction 1000.01. 

(ii) If a member is captured as a hostage, 

detainee, or POW, the DD Form 2S (RES), 

shall be shown to the capturing authorities, 

but, insofar as possible, should not be 

surrendered. 

(2) Eligibility. Those populations eligible 

for the DD Form 2S (RES) include: 

(i) Ready Reserve, who are not otherwise 

entitled to either DD Form 2S (RET), ‘‘Armed 

Forces of the United States Geneva 

Conventions Identification Card (Retired) 

(Blue),’’ or a CAC. 

(ii) The Standby Reserve. 

(iii) The Reserve Officers’ Training Corps 

College Program students that have signed a 

contract leading to military service. 

(g) DD Form 2S (Ret)—(1) Description. This 

is the primary ID card for retired uniformed 

services members entitled to retired pay. 

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Benefits and privileges shall be administered 

by the uniformed services as described in 

subpart C of this part. 

(2) Eligibility. Members of the uniformed 

services who are entitled and in receipt of 

retired pay, or entitled and have waived their 

retired pay, are eligible for the DD 2S (RET). 

(h) DD Form 2, ‘‘United States Uniformed 

Services Identification Card (Reserve 

Retired).’’—(1) Description. This is the 

primary ID card for members of the National 

Guard or Reserves who have completed 20 

creditable years of service and have elected 

to be transferred to the Retired Reserve. They 

will qualify for pay at age 60, or earlier if 

they have qualified contingency service. 

(2) Eligibility. Members of the Reserve 

Components who are entitled to retired pay 

at age 60 (or earlier if they have qualified 

contingency service) and have not yet 

attained age 60 are eligible for the DD Form 

2 (Reserve Retired). 

(i) DD Form 1173—(1) Description. This is 

the primary ID card for dependents and other 

similar categories of individuals eligible for 

benefits and privileges administered by the 

uniformed services as described in subpart C 

of this part. 

(2) Eligibility. Specific population 

categories entitled to benefits and privileges 

as described in subpart C of this part are 

eligible for the DD Form 1173 to include: 

(i) Dependents of active duty Service 

members of the regular components, Reserve 

Component Service members on active duty 

for more than 30 days, and retirees. 

(ii) Surviving dependents of active duty 

members. 

(iii) Surviving dependents of retired 

military members. 

(iv) Surviving dependents of MOH 

recipients and surviving dependents of 

honorably discharged veterans rated by the 

Department of Veterans Affairs (VA) as 100 

percent disabled from a uniformed servicesconnected injury or disease at the time of his 

or her death. 

(v) Accompanying dependents of foreign 

military. 

(vi) Dependents of authorized civilian 

personnel overseas. 

(vii) Other benefits eligible categories as 

described in subpart C of this part. 

(j) DD Form 1173–1, ‘‘Department of 

Defense Guard and Reserve Family Member 

Identification Card.’’—(1) Description. This is 

the primary ID card for dependents of Ready 

Reserve and Standby Reserve members not 

on active duty in excess of 30 days. When 

accompanied by a set of the sponsor’s valid 

active duty orders, the card shall be used in 

place of a DD Form 1173 for a period of time 

not to exceed 270 days, if the member is 

called to active duty by congressional decree 

or Presidential call-up under 10 U.S.C. 

chapter 1209. 

(2) Eligibility. Eligible dependents of 

Reserve Component members and retirees as 

described in subpart C of this part are eligible 

for the DD Form 1173–1. 

(k) DD Form 2764, ‘‘United States DoD/

Uniformed Services Geneva Conventions 

Card.’’—(1) Description. This is the primary 

ID for non-CAC eligible civilian 

noncombatant personnel who are deployed 

in conjunction with military operations 

overseas. The DD Form 2764 also replaces 

DD Form 489, ‘‘Geneva Conventions Identity 

Card for Civilians Who Accompany the 

Armed Forces.’’ 

(2) Eligibility. Civilian noncombatant 

personnel who have been authorized to 

accompany U.S. forces in regions of conflict, 

combat, and contingency operations and who 

are liable to capture and detention by the 

enemy as POWs are eligible for the DD Form 

2764 in accordance with DoD Instruction 

1000.01. 

(l) DD Form 2765—(1) Description. This is 

the primary ID card for categories of 

individuals, other than current or retired 

members of the uniformed services, who are 

eligible for uniformed services benefits and 

privileges in their own right without 

requiring a current affiliation with another 

sponsor. 

(2) Eligibility. Those populations eligible 

for the DD Form 2765 include: 

(i) Foreign national military personnel 

described in paragraph (d)(2)(viii) of this 

appendix that cannot meet all criteria for 

CAC issuance. 

(ii) Former members. 

(iii) Members eligible for transitional 

health care (THC). These individuals shall be 

eligible for DD Form 2765 (with a ‘‘TA’’ 

overstamp) showing expiration date for each 

benefit, as shown on the reverse of the card. 

(iv) MOH recipients. 

(v) DAV (rated 100 percent disabled by the 

Department of Veterans Affairs). 

(vi) Former spouse (that qualify as a DoD 

beneficiary). 

(vii) Civilian personnel in the categories 

listed in paragraphs (l)(2)(vii)(A) through (D) 

of this appendix: 

(A) Other U.S. Government agency civilian 

employees when stationed or employed and 

residing in foreign countries for a period of 

at least 365 days. 

(B) Area executives, center directors, and 

assistant directors of the United Service 

Organization, when serving in foreign 

countries. 

(C) United Seaman’s Service (USS) 

personnel in foreign countries. 

(D) Military Sealift Command (MSC) civil 

service marine personnel deployed to foreign 

countries on MSC-owned and -operated 

vessels. 

(m) DoD Civilian Retiree Card—(1) 

Description. This ID shall only be used to 

establish DoD civilian retiree identity and 

affiliation with the DoD. 

(2) Eligibility. Appropriated and NAF 

civilians that have retired from any DoD 

Service component or agency are eligible for 

the DoD Civilian Retiree Card. These 

civilians must have their retired status 

verified in DEERS before an ID card can be 

issued. 

(n) NOAA Retired Wage Mariner and 

Family Member Card—(1) Description. The 

NOAA Retired Wage Mariner and Family 

Member Card is a sub-category of the DoD 

Civilian Retiree Card and shall be used to 

establish identity and affiliation with the 

DoD and to identify the individual’s 

eligibility for benefits and privileges 

administered by the uniformed services as 

described in subpart C of this part. 

(2) Eligibility. Retired Wage Mariners of 

NOAA and their dependents as described in 

subpart C of this part are eligible for the 

NOAA Retired Wage Mariners and Family 

Members Card. 

Appendix 2 to § 161.7—Topology 

Specifications 

(a) Topology. Graphical representations of 

all CACs are maintained at www.cac.mil. 

(b) CAC stripe color coding. The CAC shall 

be color-coded as indicated in the Table to 

reflect the status of the holder of the card. 

(1) If a person meets more than one 

condition as shown in the Table, priority will 

be given to the blue stripe to denote a nonU.S. citizen unless the card serves as a 

Geneva Conventions card. 

(2) FIPS Publication 201–1 reserves the 

color red to distinguish emergency first 

responder officials. Until the DoD 

implementation of Homeland Security 

Presidential Directive 12 is complete, the 

color red will also be used to denote non-U.S. 

personnel in the same manner as the blue 

stripe in the Table (i.e., some cards with red 

stripes may continue to exist in circulation 

until the 3-year life cycle is complete). 

TABLE—CAC STRIPE COLOR CODING

No stripe U.S. military and DoD civilian personnel or any personnel eligible for a Geneva Conventions card 

Blue ................................................. Non-U.S. personnel, including DoD contract employees (other than those persons requiring a Geneva 

Conventions card). 

Green .............................................. All U.S. citizen personnel under contract to the DoD (other than those persons requiring a Geneva Conventions card). 

(c) CAC printed statements—(1) Eligible 

individuals who are permanently assigned in 

foreign countries for at least 365 days (it 

should be noted that local nationals are in 

their home country, not a foreign country) 

will have the word ‘‘OVERSEAS’’ printed 

within the authorized patronage area of the 

CAC. 

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(2) The authorized patronage area for 

eligible individuals permanently assigned 

within CONUS will be blank. Travel orders 

authorize access for these individuals while 

en route to the deployment site. 

(3) During a conflict, combat, or 

contingency operation, civilian employees 

with a U.S. DoD or Uniformed Services 

Geneva Conventions ID Card for Civilians 

Accompanying the Uniformed Services will 

be granted all commissary; exchange; MWR; 

and medical privileges available at the site of 

the deployment, regardless of the statements 

on the ID card. Contractor employees 

possessing this ID card shall receive the 

benefit of those commissary, exchange, 

MWR, and medical privileges that are 

accorded to such persons by international 

agreements in force between the United 

States and the host country concerned and 

their letter of authorization. 

(4) The medical area on the card for 

individuals on permanent assignment in a 

foreign country will contain the statement: 

‘‘When TAD/TDY or stationed overseas on a 

space available fully reimbursable basis.’’ 

However, civilian employees and contractor 

employees providing support when forward 

deployed during a conflict, combat, or 

contingency operation are treated in 

accordance with 10 U.S.C. 10147 and 

chapters 1209 and 1223 and DoD Instruction 

3020.41, ‘‘Operational Contract Support’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/302041p.pdf), and the 

Deputy Secretary of Defense Memorandum, 

‘‘Policy Guidance for Provision of Medical 

Care to Department of Defense Civilian 

Employees Injured or Wounded While 

Forward Deployed in Support of Hostilities’’ 

(available at http://cpol.army.mil/library/

nonarmy/dod_092407.pdf). 

(d) Blood type indicators. A blood type 

indicator is an optional data element on the 

ID card and will only appear on the card if 

the blood type is provided by an 

authoritative data source prescribed by 

TRICARE Management Activity. 

(e) Organ donor indicators. An organ donor 

indicator is an optional data element on the 

ID card and will only appear if the card 

applicant opts for this feature at the time of 

card issuance. 

§ 161.8 ID card life-cycle roles and 

responsibilities. 

(a) General. This section provides the 

roles and responsibilities associated 

with a series of processes and systems 

that support the ID card life-cycle. The 

requirements provided in this section 

may be supplemented by military 

Service guidance, DoD Component-level 

procedures and DMDC procedural and 

system documentation on DEERS, 

RAPIDS, TASS, and CPR. 

(b) Separation of duties. The ID card 

life-cycle includes a requirement for a 

separation of duties to support the 

issuance process. This rule requires 

more than one person to serve in an 

official role during the sponsorship and 

enrollment and issuance processes. 

Authorizing a RAPIDS SSM or VO to 

exercise the duties of a TASS TASM, 

TA, or sponsor would allow a single 

individual to control the ID card 

issuance process, from record creation 

to card issuance. Individuals serving in 

the role of a RAPIDS SSM or VO shall 

not exercise the role of the TASS TASM 

or TA or the role of the signatory 

sponsor on the DD Form 1172–2. (In the 

case of their own dependents, a RAPIDS 

SSM or VO can serve as the sponsor on 

the DD Form 1172–2 but cannot serve as 

the VO for card issuance.) 

(c) DD Form 1172–2. The DD Form 

1172–2 shall be used to collect the 

information necessary to register ID card 

and CAC applicants in DEERS via 

RAPIDS who are not enrolled through 

an authorized personnel data feed or are 

not registered through TASS. The DD 

Form 577, ‘‘Appointment/Termination 

Record—Authorized Signature,’’ shall 

be used to verify the sponsoring 

individual’s signature, when 

verification through RAPIDS is 

unavailable. This form is to be used 

primarily for DEERS enrollment and 

verification of initial and continued 

association for dependents and DoD 

affiliates (e.g., foreign national military). 

The DD Form 1172–2 shall also be used 

to add benefits conditions for eligible 

personnel in accordance with DMDC, 

‘‘Real-time Automated Personnel 

Identification System (RAPIDS) User 

Guide’’ and subpart C of this part. 

Retention and disposition of the DD 

Form 1172–2 shall be in accordance 

with the uniformed services’ regulatory 

instructions. In the absence of electronic 

verification of sponsorship for the 

enrollment or reenrollment of 

dependents, the sponsor signing block 

65 in Section 5 of the DD Form 1172– 

2 for the ID card applicant: 

(1) Shall be a uniformed services 

member, retiree, civilian employee 

working for the sponsoring organization, 

or an individual entitled to DoD benefits 

in their own right, without requiring 

relationship to another sponsor, as 

described in subpart C of this part. 

(2) Must be a DoD ID card or CAC 

holder. 

(3) Shall establish the applicant’s 

initial and continued relationship to the 

sponsor, affiliation with DoD, and need 

for a CAC card in accordance with this 

subpart and DoD Component-level 

procedures. 

(d) TASS. TASS shall serve as the 

sponsorship and DEERS data 

registration tool for CAC-eligible DoD 

contractors and other populations as 

determined by the Director, DHRA. 

TASS employs an automated version of 

the DD Form 1172–2 to collect 

information necessary for DEERS 

enrollment. Organizations that use 

TASS shall adhere to the following 

guidelines on user roles: 

(1) Service Point of Contact (SPOC). A 

DoD Component that utilizes TASS 

shall appoint a SPOC for TASS 

management and operation. The SPOC 

shall coordinate with the DMDC to 

establish a site with TASS capability. 

The SPOC shall create policies, 

operating procedures, and other 

supporting documentation in support of 

the Service or agency-specific 

implementation. The SPOC will oversee 

TASM registration, and provide any 

other required field support. The TASS 

SPOC: 

(i) Must be a U.S. citizen. 

(ii) Must be a uniformed services 

member, civilian employee working for 

the sponsoring organization, or a DoD 

contractor providing management 

support to the service or agency 

implementing TASS (a contractor 

cannot perform the TA or TASM role). 

(iii) Must be capable of sending and 

receiving digitally signed and encrypted 

email. 

(iv) Must be a CAC holder. 

(v) Shall complete the training 

provided by DMDC for the TASM and 

TA roles. 

(2) TASM. The TASM will act as a TA 

and oversee the activity for TASS site 

TAs. A TASS TASM: 

(i) Must be a U.S. citizen. 

(ii) Must be a uniformed services 

member or a DoD civilian employee 

working for the sponsoring organization. 

(iii) Must be capable of sending and 

receiving digitally signed and encrypted 

email. 

(iv) Must be a CAC holder. 

(v) Shall complete the training 

provided by DMDC for the TASM role. 

(3) TA. TAs shall be sponsors for 

eligible populations within TASS and 

will utilize TASS to register data for the 

DD Form 1172–2, re-verify CAC holder 

affiliation, and revoke CACs in 

accordance with this part and the 

DMDC ‘‘Contractor Verification System 

TASS (CVS) TASM/TA and Applicant 

User Guides, Version 3.03’’ (available at 

https://www.dmdc.osd.mil/appj/cvs/

login). Sponsoring an applicant is a 

multi-step process which includes 

establishing the individual’s eligibility 

in accordance with paragraph (a) of 

§ 161.7 of this subpart and verifying that 

the individual has the necessary 

background investigation completed to 

be issued a CAC in accordance with 

paragraph (c) of § 161.7 of this subpart. 

A TASS TA: 

(i) Must be a U.S. citizen. 

(ii) Must be a uniformed services 

member, a DoD civilian employee 

working for the sponsoring organization, 

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or a non DoD Federal agency employee 

approved by DHRA. 

(iii) Must be capable of sending and 

receiving digitally signed and encrypted 

email. 

(iv) Must be a CAC holder. 

(v) Shall complete the training 

provided by DMDC for the TA role. 

(vi) Shall manage no more than 100 

active contractors at any given time 

within TASS. Exceptions to this limit 

can be authorized by the DoD 

Component concerned to address 

specific contract requirements that 

substantiate a need for a larger 

contractor-to-TA ratio. The DoD 

Component SPOC shall document any 

authorized exceptions to the 100- 

contractors limit and shall, at a 

minimum, conduct annual audits on the 

oversight functions of these specific 

TAs. 

(vii) Shall coordinate with their 

contracting personnel when establishing 

the contractor’s initial and continued 

affiliation with DoD and need for CACs 

in accordance with agency or 

Component-level procedures. 

(viii) Shall coordinate with their 

contracting, human resources, or 

personnel security organizations to 

confirm that the appropriate background 

check has been completed for CAC 

applicants. 

(ix) Shall re-verify a CAC holder’s 

need for a CAC every 6 months (180 

days) within TASS. 

(x) Shall revoke the CAC within the 

TASS upon termination of employment 

or completion of affiliation with the 

DoD. 

(xi) Shall ensure that the CAC is 

retrieved upon the CAC holder’s 

termination of employment or 

completion of affiliation with the DoD. 

(e) RAPIDS. RAPIDS must be operated 

in accordance with DMDC, ‘‘Real-time 

Automated Personnel Identification 

System (RAPIDS) User Guide.’’ RAPIDS 

shall be supported by: 

(1) SSM. The SSM shall manage the 

daily operations at a RAPIDS site to 

include managing users, cardstock, and 

consumables. The SPO shall assign a 

primary and secondary SSM to each site 

to ensure the site continues to function 

in the absence of one of the SSMs. The 

SSM shall perform all responsibilities of 

a RAPIDS user (VO), as well as all SSM 

responsibilities. The SSM shall: 

(i) Be a U.S. citizen. 

(ii) Be a uniformed services member, 

civilian employee working for the 

sponsoring organization, or a DoD 

contractor. 

(iii) Be a CAC holder. 

(iv) Complete the training provided by 

DMDC for the SSM and VO roles. 

(v) Be responsible for supporting 

RAPIDS functions delineated in DMDC, 

‘‘Real-time Automated Personnel 

Identification System (RAPIDS) User 

Guide.’’ 

(vi) Must have a favorably adjudicated 

NACI. 

(2) VO. The VO shall complete 

identity and eligibility verification and 

card issuance functions in accordance 

with this part. The VO: 

(i) Must be a U.S. citizen. 

(ii) Must be a uniformed services 

member, civilian employee working for 

the sponsoring organization, or a DoD 

contractor. 

(iii) Must be a CAC holder. 

(iv) Shall complete the training 

provided by DMDC for the VO role. 

(v) Be responsible for supporting 

RAPIDS functions delineated in DMDC, 

‘‘Real-time Automated Personnel 

Identification System (RAPIDS) User 

Guide.’’ 

(f) CPR. Organizations that utilize CPR 

shall adhere to the guidelines in this 

section on user roles: 

(1) CPR project officer. The CPR 

project officer (CPO) shall be appointed 

by the Service or Agency as the focal 

point for day-to-day CPR management 

and operation. The CPO: 

(i) Must be a U.S. citizen. 

(ii) Must be a uniformed services 

member, civilian employee working for 

the sponsoring organization, or a DoD 

contractor. 

(iii) Must be a CAC holder. 

(iv) Must establish sites with CPR 

capability, oversee CPR TASM 

registration, and ensure other required 

field support in accordance with DMDC 

and Service- or agency-level guidelines. 

(2) CPR TASM. The CPR TASM 

manages the CPR trusted agent (CTA) 

operations. The CPR TASM: 

(i) Must be a U.S. citizen. 

(ii) Must be a uniformed services 

member, civilian employee working for 

the sponsoring organization, or a DoD 

contractor. 

(iii) Must be a CAC holder. 

(iv) Shall complete the required 

training and manage CTA operations in 

accordance with DMDC and Service- or 

agency-level guidelines. 

(3) CTA. The CTA’s primary role is to 

provide PIN reset. The CTA: 

(i) Must be a U.S. citizen. 

(ii) Must be a uniformed services 

member, civilian employee working for 

the sponsoring organization, or a DoD 

contractor. 

(iii) Must be a CAC holder. 

(iv) Shall complete the required 

training and conduct CPR operations in 

accordance with DMDC and Service- or 

agency-level guidelines. 

Subpart C—DoD Identification (ID) 

Cards: Benefits for Members of the 

Uniformed Services, Their Dependents, 

and Other Eligible Individuals 

§ 161.9 DoD benefits. 

(a) The benefits population is defined 

by roles. There are roles that have a 

direct affiliation with the DoD, such as 

an active duty Service member, or those 

that have an association to someone 

who is affiliated, such as the spouse of 

an active duty member. This section 

reflects benefit eligibility established by 

law and affiliated DoD policy, and 

covers the roles that either receive CHC, 

direct care at an MTF, commissary, 

exchange, and MWR benefits, or are 

only affiliated to be issued a DoDauthorized CAC or uniformed services 

ID card. Sections 161.10 through 161.22 

identify the categories of eligible 

persons and their authorized benefits as 

they would be recorded in the Defense 

Eligibility Enrollment Reporting System 

(DEERS). 

(1) Sections 161.10 through 161.22 

reflect the eligibility of persons for 

benefits. 

(2) A sponsor’s begin date for benefit 

eligibility is based on the date the 

sponsor begins their affiliation with the 

Department. 

(3) A dependent’s begin date for 

benefit eligibility is based on the date 

the dependent becomes associated as an 

eligible dependent to an eligible 

sponsor. 

(4) Guidance on benefit eligibility 

begin dates and ID card expiration dates 

based on benefits will be maintained at 

http://www.cac.mil. 

(5) Refer to the figure for 

abbreviations for the tables in this 

subpart. 

FIGURE—BENEFITS TABLE

ABBREVIATIONS

CHC ..................... civilian health care. 

DC ........................ direct care at MTFs. 

C ........................... commissary privileges. 

MWR .................... MWR privileges. 

E ........................... exchange privileges. 

§ 161.10 Benefits for active duty members 

of the uniformed services. 

(a) This section describes the benefits 

for active duty uniformed services 

members and their eligible dependents 

administered by the uniformed services 

in accordance with 10 U.S.C. chapter 55 

and DoD Instruction 1330.17, ‘‘Armed 

Services Commissary Operations’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/133017p.pdf); DoD 

Instruction 1330.21, ‘‘Armed Services 

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Exchange Regulations’’ (available at 

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

corres/pdf/133021p.pdf); and DoD 

Instruction 1015.10. Descriptions of 

benefits for National Guard and Reserve 

members and their eligible dependents 

are contained in § 161.11. Descriptions 

of benefits for surviving dependents of 

active duty uniformed services members 

are contained in § 161.17. 

(1) Active duty service members. 

Active duty uniformed services 

members are eligible for benefits 

administered by the uniformed services 

as shown in Table 1. 

TABLE 1 TO PART 161—BENEFITS FOR ACTIVE DUTY MEMBERS, NOT INCLUDING NATIONAL GUARD OR RESERVE

MEMBERS

CHC DC C MWR E 

Member (Self) .............................................................................. No ................ Yes ............... Yes ............... Yes ............... Yes. 

(2) Dependents of active duty 

members. Dependents of active duty 

members are eligible for benefits as 

shown in Table 2 to part 161. Benefits 

for the eligible dependents of National 

Guard or Reserve members, non-regular 

Service retirees not yet age 60, or 

members entitled to retired pay or who 

are in receipt of retired pay for nonregular service, and non-regular Service 

retirees who are not in receipt of retired 

pay are identified in §§ 161.11 through 

161.14. 

TABLE 2 TO PART 161—BENEFITS FOR DEPENDENTS OF ACTIVE DUTY MEMBERS

CHC DC C MWR E 

Spouse ........................................................................................ Yes ............... Yes ............... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

Yes ............... Yes ............... 1 ................... 2 ................... 2. 

Ward ..................................................................................... 3 ................... 3 ................... 3 ................... 3 ................... 3. 

Pre-adoptive Child ................................................................ 4 ................... 4 ................... 4 ................... 4 ................... 4. 

Foster Child .......................................................................... No ................ No ................ 1 ................... 1 ................... 1. 

Children, Unmarried, 21 Years and Over ................................... 5 ................... 5 ................... 1, 5 ............... 5 ................... 5. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ 1 ................... 1 ................... 2 ................... 2. 

Notes: 

1. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or 

her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary 

privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408(h). 

2. Yes, if dependent on an authorized sponsor for over 50 percent support or children of a sponsor residing in the household of a former 

spouse (20–20–20 or 10–20–10). 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: 

a. Is dependent on the member for over 50 percent support. 

b. Resides with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary or Director may, by regulation, prescribe. 

4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency 

(recognized by the Secretary of Defense) or by another organization authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member. 

5. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member and is dependent on the member for over 50 percent of the child’s support. 

§ 161.11 Benefits for National Guard and 

Reserve Members of the Uniformed 

Services. 

(a) This section describes the benefits 

for National Guard and Reserve 

members of the uniformed services and 

their eligible dependents. Benefits for 

members of the Retired Reserve and 

their eligible dependents are described 

in § 161.13. Benefits for surviving 

dependents of deceased National Guard 

and Reserve members are described in 

§ 161.17. 

(1) National Guard and Reserve 

members. National Guard and Reserve 

members are eligible for benefits based 

on being ordered to periods of active 

duty or full-time National Guard duty or 

active status in the SelRes, including 

Ready Reserve and Standby Reserve and 

participation in the Reserve Officer 

Training Corps. 

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TABLE 3 TO PART 161—BENEFITS FOR NATIONAL GUARD AND RESERVE MEMBERS NOT ON ACTIVE DUTY GREATER THAN

30 DAYS

CHC DC C MWR E 

Member (Self) .............................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

TABLE 4 TO PART 161—BENEFITS FOR NATIONAL GUARD AND RESERVE MEMBERS ON ACTIVE DUTY FOR PERIODS

GREATER THAN 30 DAYS

CHC DC C MWR E 

Member (Self) .............................................................................. No ................ Yes ............... Yes ............... Yes ............... Yes. 

Notes: 

1. This includes reported periods of early identification of Service members in support of a contingency operation in accordance with DoD Instruction 7730.54, ‘‘Reserve Components Common Personnel Data System (RCCPDS)’’ (available at http://www.dtic.mil/whs/directives/corres/pdf/

773054p.pdf). 

(2) Dependents of National Guard or 

Reserve Members. Dependents of 

National Guard or Reserve members are 

eligible for benefits as shown in Table 

5. 

TABLE 5 TO PART 161—BENEFITS FOR DEPENDENTS OF NATIONAL GUARD OR RESERVE MEMBERS

CHC DC C MWR E 

Spouse ........................................................................................ 1 ................... 1 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

1 ................... 1 ................... 2 ................... 3 ................... 3. 

Ward ..................................................................................... 1, 4 ............... 1, 4 ............... 4 ................... 4 ................... 4. 

Pre-adoptive Child ................................................................ 1, 5 ............... 1, 5 ............... 5 ................... 5 ................... 5. 

Foster Child .......................................................................... No ................ No ................ 2 ................... 2 ................... 2. 

Children, Unmarried, 21 Years and Over ................................... 1, 6 ............... 1, 6 ............... 2, 6 ............... 6 ................... 6. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ 1, 2 ............... 2 ................... 3 ................... 3. 

Notes: 

1. Yes, if the sponsor is on active duty greater than 30 days. When the order to active duty period is greater than 30 days the eligibility for 

CHC and DC for eligible dependents begins on the first day of the active duty period. 

2. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or 

her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary 

privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408(h). 

3. Yes, if dependent on an authorized sponsor for over 50 percent support, or children of a sponsor residing in the household of a former 

spouse (20–20–20 or 10–20–10). 

4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: 

a. Is dependent on the member for over 50 percent support. 

b. Resides with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

5. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency 

(recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of 

the legal adoption by the member. 

6. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member and is dependent on the member for over 50 percent of the child’s support. 

§ 161.12 Benefits for former uniformed 

services members. 

(a) This section describes the benefits 

for former uniformed services members 

and their eligible dependents. Former 

members are eligible to receive retired 

pay, at age 60, for non-regular service in 

accordance with 10 U.S.C. chapter 1223, 

but have been discharged from their 

respective Service or agency and 

maintain no military affiliation. 

(1) Former Members and their Eligible 

Dependents. Former members and their 

dependents are eligible for benefits as 

shown in Table 6 to part 161. 

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TABLE 6 TO PART 161—BENEFITS FOR FORMER MEMBERS AND DEPENDENTS

CHC DC C MWR E 

Former Member (Self) ................................................................. 1 ................... 1 ................... Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. 1 ................... 2 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

1 ................... 2 ................... 3 ................... 4 ................... 4. 

Ward ..................................................................................... 1, 5 ............... 2, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive Child ................................................................ 1, 6 ............... 2, 6 ............... 6 ................... 6 ................... 6. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 7 ............... 2, 7 ............... 3, 7 ............... 7 ................... 7 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ 2, 3 ............... 3 ................... 4 ................... 4 

Notes: 

1. Yes, if the former member is age 60 or over and in receipt of retired pay for non-regular service; and is: 

a. Not entitled to Medicare Part A hospital insurance through the SSA, or 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84, ‘‘National Defense Authorization Act for Fiscal Year 2010.’’ 

2. Yes, if former member is age 60 or over and in receipt of retired pay for non-regular service. 

3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or 

her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary 

privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408(h). 

4. Yes, if dependent on an authorized sponsor for over 50 percent support, or children of a sponsor residing in the household of a former 

spouse (20–20–20 or 10–20–10). 

5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a 

result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; 

and: 

a. Is dependent on the member for over 50 percent support. 

b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result 

of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a 

placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member or former member. 

7. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the former member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of 

the child’s support. 

§ 161.13 Benefits for retired members of 

the uniformed services. 

(a) This section describes the benefits 

for retired uniformed service members 

entitled to retired pay and their eligible 

dependents. Retired uniformed service 

members are entitled to retired pay and 

eligible for benefits administered by the 

uniformed services in accordance with 

10 U.S.C., DoD Instruction 1330.17, DoD 

Instruction 1330.21, DoD Instruction 

1015.10, and TRICARE Policy Manual 

6010.57–M (available at http://

www.tricare.mil/contracting/healthcare/

t3manuals/change2/tp08/c8s9_1.pdf). 

This includes voluntary, temporary, and 

permanent disability retired list (PDRL) 

retirees. Benefits for former members 

and their eligible dependents are 

described in § 161.12. 

(1) Retired Members. Benefits for 

voluntary retired members and PDRL 

retirees are shown in Table 7 to part 

161. Benefits for temporary disability 

retired list (TDRL) retirees are shown in 

Table 8 to part 161. 

TABLE 7 TO PART 161—BENEFITS FOR VOLUNTARY RETIRED MEMBERS AND PDRL MEMBERS

CHC DC C MWR E 

Member (Self) .............................................................................. 1 ................... Yes ............... Yes ............... Yes ............... Yes. 

Notes: 

1. Yes, if: 

a. Not entitled to Medicare Part A hospital insurance through the SSA or 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

TABLE 8 TO PART 161—BENEFITS FOR TDRL MEMBERS

CHC DC C MWR E 

Member (Self) .............................................................................. 1, 2 ............... Yes ............... Yes ............... Yes ............... Yes. 

Notes: 

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1. If not removed sooner, retention of the service member on the TDRL shall not exceed a period of 5 years. The uniformed service member 

must be returned to active duty, separated with or without severance pay, or retired as PDRL in accordance with 10 U.S.C. 1210.

2. Yes, if: 

a. Not entitled to Medicare Part A hospital insurance through the SSA or 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

(2) Retired Reserve. Benefits for 

members of the Retired Reserve who 

have attained 20 creditable years of 

service, have not reached the age of 60, 

and are not in receipt of retired pay are 

shown in Table 9. When a Retired 

Reserve member is ordered to active 

duty greater than 30 days, their benefits 

will reflect what is shown in Table 10 

to part 161. When a Retired Reserve 

member is in receipt of retired pay 

under age 60 (non-regular Service 

retirement), or upon reaching age 60, 

their benefits will reflect what is shown 

in Table 11 to part 161. 

TABLE 9 TO PART 161—BENEFITS FOR RETIRED RESERVE MEMBERS

CHC DC C MWR E 

Member (Self) .............................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

TABLE 10 TO PART 161—BENEFITS FOR RETIRED RESERVE MEMBERS ORDERED TO ACTIVE DUTY GREATER THAN 30 

DAYS

CHC DC C MWR E 

Member (Self) .............................................................................. No ................ Yes ............... Yes ............... Yes ............... Yes. 

TABLE 11 TO PART 161—BENEFITS FOR NON-REGULAR SERVICE RETIREMENT FOR QUALIFYING READY RESERVE

MEMBERS

CHC DC C MWR E 

Member (Self) .............................................................................. 1 ................... 1 ................... Yes ............... Yes ............... Yes. 

Notes: 

1. Yes, if age 60 or over, and: 

a. Applied for or in receipt of retired pay in accordance with 10 U.S.C. 1074. If in receipt of retired pay in accordance with the provisions of 10 

U.S.C. 12731, after the date of the enactment of section 647 of Public Law 110–181, ‘‘National Defense Authorization Act for Fiscal Year 2008,’’ 

the member must be age 60 to qualify for CHC and DC. 

b. Not entitled to Medicare Part A hospital insurance through the SSA, or 

c. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

(3) Dependents. Dependents of retired 

uniformed services members entitled to 

retired pay, including TDRL and PDRL, 

non-regular Service retirees not yet age 

60 not in receipt of retired pay; nonregular Service retirees entitled to 

retired pay in accordance with the 

provisions of 10 U.S.C. 12731 after the 

date of the enactment of section 647 of 

Public Law 110–181; and non-regular 

Service retirees, age 60 or over, in 

receipt of retired pay for non-regular 

service in accordance with 10 U.S.C. 

chapter 1223, are eligible for benefits as 

shown in Table 12 to part 161. 

TABLE 12 TO PART 161—BENEFITS FOR DEPENDENTS OF RETIRED UNIFORMED SERVICES MEMBERS

CHC DC C MWR E 

Lawful Spouse ............................................................................. 1 ................... 2 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

1 ................... 2 ................... 3 ................... 4 ................... 4. 

Ward ..................................................................................... 1, 5 ............... 2, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive Child ................................................................ 1, 6 ............... 2, 6 ............... 6 ................... 6 ................... 6. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 7 ............... 2, 7 ............... 3, 7 ............... 7 ................... 7. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ 2, 3 ............... 3 ................... 4 ................... 4. 

Notes: 

1. Yes, if the sponsor is: 

a. Retired (as shown in Tables 7 and 8) and the dependent is not entitled to Medicare Part A hospital insurance through the SSA; or if entitled 

to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 

706 of Public Law 111–84; 

b. A National Guard or Reserve member on a period of active duty in excess of 30 days (as shown in Table 10). When the ordered to active 

duty period is greater than 30 days the eligibility for CHC and DC for the eligible dependents begins on the first day of the active duty period; or 

c. A medically eligible non-regular Service Reserve Retiree, age 60 or over, as shown in Table 11. 

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2. Yes, if the sponsor is: 

a. Retired (as shown in Tables 7 and 8); 

b. A National Guard or Reserve member on a period of active duty in excess of 30 days (as shown in Table 10). When the ordered to active 

duty period is greater than 30 days the eligibility for CHC and DC for the eligible dependents begins on the first day of the active duty period; or 

c. A medically eligible non-regular Service Reserve Retiree, age 60 or over, as seen in Table 11. 

3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or 

her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary 

privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408(h). 

4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a 

former spouse (20–20–20 or 10–20–10). 

5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a 

result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; 

and: 

a. Is dependent on the member for over 50 percent support. 

b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result 

of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a 

placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member or former member. 

7. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the former member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of 

the child’s support. 

§ 161.14 Benefits for MOH recipients. 

(a) This section describes the benefits 

for MOH recipients and their 

dependents who are authorized 

pursuant to section 706 of Public Law 

106–398, ‘‘National Defense 

Authorization Act for Fiscal Year 2001’’ 

and who are not otherwise entitled to 

military medical and dental care. 

Section 706 of Public Law 106–398 

authorized MOH recipients not 

otherwise entitled to military medical 

and dental care and their dependents to 

be given care in the same manner that 

such care is provided to former 

uniformed service members who are 

entitled to military retired pay and the 

dependents of those former members. 

Eligibility for the benefits described in 

Table 13 to part 161 begins on the date 

of award of the MOH but no earlier than 

October 30, 2000. 

TABLE 13 TO PART 161—BENEFITS FOR MOH RECIPIENTS AND DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. 1 ................... 2 ................... Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. 1 ................... 2 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

1 ................... 2 ................... 3 ................... 4 ................... 4. 

Ward ..................................................................................... 1, 5 ............... 2, 5 ............... 5 ................... 5 ................... 5. 

Pre-adoptive Child ................................................................ 1, 6 ............... 2, 6 ............... 6 ................... 6 ................... 6. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 7 ............... 2, 7 ............... 3, 7 ............... 7 ................... 7. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ 2, 3 ............... 3 ................... 4 ................... 4. 

Notes: 

1. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 

of Public Law 106–398 and: 

a. Is not entitled to Medicare Part A hospital insurance through the SSA or 

b. Is entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 

2. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 

of Public Law 106–398. 

3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or 

her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary 

privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a 

former spouse (20–20–20 or 10–20–10). 

5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a 

result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; 

and: 

a. Is dependent on the member for over 50 percent support. 

b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result 

of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

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6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a 

placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member or former member. 

7. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the former member for over 50 percent of the child’s support or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of 

the child’s support. 

§ 161.15 Benefits for Disabled American 

Veterans (DAV). 

(a) This section describes the benefits 

for DAVs rated as 100 percent disabled 

or 100 percent unemployable by the VA 

and their eligible dependents. Neither 

DAVs nor their eligible dependents 

receive CHC or DC benefits from the 

DoD based on their affiliation. 

Honorably discharged veterans rated by 

the VA as 100 percent disabled or 100 

percent unemployable from a uniformed 

service-connected injury or disease and 

certified by VA, and their dependents, 

are eligible for benefits as shown in 

Table 14 to part 161. 

TABLE 14 TO PART 161—BENEFITS FOR 100 PERCENT DAVS AND DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

No ................ No ................ 1 ................... 2 ................... 2. 

Pre-adoptive Child ................................................................ No ................ No ................ 4 ................... 4 ................... 4. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 1, 5 ............... 5 ................... 5. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ No ................ 1 ................... 2 ................... 2. 

Notes: 

1. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or 

her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor’s household for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary 

privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor abuse pursuant to 10 U.S.C. 1408. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a 

former spouse (20–20–20 or 10–20–10). 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a 

result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; 

and: 

a. Is dependent on the member for over 50 percent support. 

b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result 

of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a 

placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member or former member. 

5. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the former member for over 50 percent of the child’s support or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of 

the child’s support. 

§ 161.16 Benefits for transitional health 

care members and dependents. 

This section shows the benefits for 

THC members and their eligible 

dependents. THC (formerly the TAMP) 

was instituted in section 502 of Public 

Law 101–510, ‘‘Department of Defense 

Appropriations Bill Fiscal Year 1991’’ 

effective October 1, 1990. Section 706 of 

Public Law 108–375, ‘‘National Defense 

Authorization Act of for Fiscal Year 

2005’’ made the THC program 

permanent and made the medical 

eligibility 180 days for all eligible 

uniformed services members. Section 

651 of Public Law 110–181 extended 2 

years’ commissary and exchange 

benefits to THC members. Section 734 

of Public Law 110–417, ‘‘National 

Defense Authorization Act for Fiscal 

Year 2009’’ extended THC benefits to 

uniformed service members separating 

from active duty who agree to become 

members of the SelRes of the Ready 

Reserve of a reserve component. 

Uniformed service members separated 

as uncharacterized entry-level 

separations do not qualify for THC. 

TABLE 15 TO PART 161—BENEFITS FOR THC MEMBERS AND DEPENDENTS

CHC DC C MWR E 

THC Member (Self) ..................................................................... 1 ................... 1 ................... 2, 3, 4 ........... 2, 3, 4 ........... 2, 3, 4. 

Lawful Spouse ............................................................................. 1 ................... 1 ................... 2, 3, 4 ........... 2, 3, 4 ........... 2, 3, 4. 

Children, Unmarried, Under 21 Years: 

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TABLE 15 TO PART 161—BENEFITS FOR THC MEMBERS AND DEPENDENTS—Continued 

CHC DC C MWR E 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

1 ................... 1 ................... 2, 3, 4, 5 ...... 2, 3, 4, 6 ...... 2, 3, 4, 6. 

Ward ..................................................................................... 1, 7 ............... 1, 7 ............... 2, 3, 4, 7 ...... 2, 3, 4, 7 ...... 2, 3, 4, 7. 

Pre-adoptive Child ................................................................ 1, 8 ............... 1, 8 ............... 2, 3, 4, 8 ...... 2, 3, 4, 8 ...... 2, 3, 4, 8. 

Foster Child .......................................................................... No ................ No ................ 2, 3, 4, 5 ...... 2, 3, 4, 5 ...... 2, 3, 4, 5. 

Children, Unmarried, 21 Years and Over ................................... 1, 9 ............... 1, 9 ............... 5, 9 ............... 9 ................... 9. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ 1, 9 ............... 2, 3, 4, 5 ...... 2, 3, 4, 6 ...... 2, 3, 4, 6. 

Notes: 

1. Yes, medical entitlement for 180 days beginning on the date after the member separated from the qualifying active duty period. There is no 

exception based on entitlement to Medicare Part A. The THC eligible sponsor and eligible dependents receive the medical benefits as if they 

were active duty eligible dependents. 

2. No, if the member separated on or after January 1, 2001 but before October 1, 2007; or if separated in accordance with 10 U.S.C. 

1145(a)(2)(F). 

3. No, if the member separated from active duty to join the SelRes or the Ready Reserve of a Reserve Component. 

4. Yes, if the member was separated during the period beginning on October 1, 1990, through December 31, 2001, or after October 1, 2007. 

Entitlement shall be for 2 years, beginning on the date the member separated. 

5. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or 

her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In the case of a divorce, children residing in the household of a former spouse are not considered to be members of the authorized sponsor’s household for commissary privileges, except children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of marriage during a period the member or retired member performed 20 years of service. 

6. Yes, if dependent on the authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a 

former spouse (20–20–20 or 10–20–10). 

7. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a 

result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; 

and: 

a. Is dependent on the member for over 50 percent support. 

b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result 

of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

8. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a 

placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member or former member. 

9. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the former member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of 

the child’s support. 

§ 161.17 Benefits for surviving 

dependents. 

(a) This section describes the benefits 

for surviving dependents of active duty 

deceased uniformed services members, 

deceased National Guard and Reserve 

service members, deceased MOH 

recipients, and deceased 100 percent 

DAV. 

(1) Surviving dependents of active 

duty deceased members. Surviving 

dependents of members who died while 

on active duty under orders that 

specified a period of more than 30 days 

or members who died while in a retired 

with pay status are eligible for benefits 

as shown in Table 16 to part 161. 

TABLE 16 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF ACTIVE DUTY DECEASED MEMBERS

CHC DC C MWR E 

Widow or widower: 

Unremarried ......................................................................... 1 ................... Yes ............... Yes ............... Yes ............... Yes. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

Unmarried ............................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Children, Unmarried, or Under 21 Years (Including Orphans): 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

1 ................... Yes ............... 2 ................... 3 ................... 3. 

Ward ..................................................................................... 1, 4 ............... 1, 4 ............... 4 ................... 4 ................... 4. 

Pre-adoptive Child ................................................................ 1, 5 ............... 1, 5 ............... 5 ................... 5 ................... 5. 

Foster Child .......................................................................... No ................ No ................ 2 ................... 2 ................... 2. 

Children, Unmarried, 21 Years and Over ................................... 1, 6 ............... 6 ................... 2, 6 ............... 6 ................... 6. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ 2 ................... 2 ................... 3 ................... 3. 

Notes: 

1. Yes, if the sponsor died on active duty (for dependents of National Guard or Reserve members or Retired Reserve members the period of 

active duty must be in excess of 30 days in order to qualify for the benefits in this table) and: 

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a. If claims are filed less than 3 years from the date of death, there is no Medicare exception for the widow. After 3 years from the date of 

death, the widow is eligible if, 

(1) Not entitled to Medicare Part A hospital insurance through the SSA. 

(2) Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 

b. Yes, for children regardless of the number of years from the date of death or entitlement to Medicare they are entitled. 

2. Yes, if at the time of the sponsor’s death, the person was living in a home provided by or for an authorized sponsor and was dependent on 

the sponsor for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death are entitled to commissary privileges. 

3. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a 

sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 

4. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in 

the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a 

period of at least 12 consecutive months; and was at the time of the sponsor’s death: 

a. Dependent on the member for over 50 percent support. 

b. Residing with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

5. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been 

placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or 

local law to provide adoption placement, in anticipation of the legal adoption by the member. 

6. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is or was at the time of the member’s death dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member and is or was at the time of the member’s death dependent on the member 

for over 50 percent of the child’s support. 

(2) Surviving dependents of deceased 

National Guard and Reserve members 

not on an active duty period greater 

than 30 days. The surviving dependents 

of National Guard and Reserve Service 

members are eligible for the benefits 

shown in Table 17 to part 161 if: 

(i) The National Guard or Reserve 

member died from an injury or illness 

incurred or aggravated while on active 

duty for a period of 30 days or less, on 

active duty for training, or on inactive 

duty training, or while traveling to or 

from the place at which the member was 

to perform, or performed, such active 

duty, active duty for training, or inactive 

duty training pursuant to 10 U.S.C. 1076 

and 1086(c)(2) and if death occurred on 

or after October 1, 1985; or 

(ii) The National Guard or Reserve 

member died from an injury, illness, or 

disease incurred or aggravated while 

performing, or while traveling to or from 

performing active duty for a period of 30 

days or less, or active duty for training, 

or inactive duty training, or while 

performing service on funeral honors in 

accordance with 10 U.S.C. 1074a and if 

death occurred on or after November 15, 

1986. 

TABLE 17 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF DECEASED NATIONAL GUARD AND RESERVE

MEMBERS NOT ON ACTIVE DUTY FOR A PERIOD GREATER THAN 30 DAYS

CHC DC C MWR E 

Widow or Widower: 

Unremarried ......................................................................... 1, 2 ............... 2 ................... 2 ................... 2 ................... 2. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

Unmarried ............................................................................. No ................ No ................ 2 ................... 2 ................... 2. 

Children, Unmarried, Under 21 Years (Including Orphans): 1, 2 ............... 2 ................... 2, 3 ............... 2, 4 ............... 2, 4. 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

Ward ..................................................................................... 1, 2, 5 ........... 2, 5 ............... 2, 5 ............... 2, 5 ............... 2, 5. 

Pre-adoptive Child ................................................................ 1, 2, 6 ........... 2, 6 ............... 2, 6 ............... 2, 6 ............... 2. 6. 

Foster Child .......................................................................... No ................ No ................ 2, 3 ............... 2, 3 ............... 2, 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 2, 7 ........... 2, 7 ............... 2, 3, 7 ........... 2, 7 ............... 2, 7. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ 2, 3 ............... 2, 3 ............... 2, 4 ............... 2, 4. 

Notes: 

1. Yes, if: 

a. Not entitled to Medicare Part A hospital insurance through the SSA. 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

2. Yes, only if death occurred on or after 1 October 1985 in accordance with the provisions of 10 U.S.C. 1076, or on or after November 15, 

1986 in accordance with the provisions of 10 U.S.C. 1074a. 

3. Yes, if at the time of the sponsor’s death the person was living in a home provided by or for an authorized sponsor and was dependent on 

the sponsor for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death, but not 

the household of the sponsor’s former spouse, are entitled to commissary privileges. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a 

sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 

5. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in 

the legal custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a 

period of at least 12 consecutive months and was at the time of the sponsor’s death: 

a. Dependent on the member for over 50 percent support. 

b. Residing with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

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6. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been 

placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or 

local law to provide adoption placement, in anticipation of the legal adoption. 

7. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is or was at the time of the member’s death dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member and is or was at the time of the member’s or former member’s death dependent on the member for over 50 percent of the child’s support. 

(3) Surviving dependents of deceased 

National Guard and Reserve members in 

receipt of their notice of eligibility 

(NOE), Retired Reserve members not yet 

age 60, and former members not in 

receipt of retired pay. The surviving 

dependents of National Guard and 

Reserve members who have died before 

the age of 60 are eligible for the benefits 

shown in Table 18 to part 161 if the 

deceased sponsor was: 

(i) A Reserve member who had earned 

20 qualifying years for retirement and 

received their NOE for retired pay at age 

60, but HAD NOT transferred to the 

Retired Reserve. 

(ii) A Retired Reserve member eligible 

for pay at age 60, not yet age 60. 

(iii) A former member who had met 

time-in-service requirements. 

TABLE 18 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF NATIONAL GUARD AND RESERVE MEMBERS WHO

HAVE DIED BEFORE AGE 60 

CHC DC C MWR E 

Widow or Widower: 

Unremarried ......................................................................... 1, 2 ............... 1 ................... Yes, 8 ........... Yes, 8 ........... Yes, 8. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

Unmarried ............................................................................. No ................ No ................ Yes, 8 ........... Yes, 8 ........... Yes, 8. 

Children, Unmarried, Under 21 Years (Including Orphans): 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member 

whose paternity has been judicially determined or voluntarily acknowledged.

1, 2 ............... 1 ................... 3,8 ................ 4,8 ................ 4,8. 

Ward ..................................................................................... 1, 2, 5 ........... 1, 5 ............... 3, 5, 8 ........... 4, 5, 8 ........... 4, 5, 8. 

Pre-adoptive Child ................................................................ 1, 2, 6 ........... 1, 6 ............... 3, 6, 8 ........... 4, 6, 8 ........... 4, 6, 8. 

Foster Child .......................................................................... No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... 1, 2, 7 ........... 1, 7 ............... 3, 7, 8 ........... 4, 7, 8 ........... 4, 7, 8. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ 3, 8 ............... 3, 8 ............... 3, 8 ............... 3, 8. 

Notes: 

1. Yes, on or after the date the member would have become age 60. 

2. Yes, if: 

a. Not entitled to Medicare Part A hospital insurance through the SSA or 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

3. Yes, if at the time of the sponsor’s death, the person was living in a home provided by or for an authorized sponsor and was dependent on 

the sponsor for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death, but not 

the household of the sponsor’s former spouse, are entitled to commissary privileges. Medical care is only authorized on or after the date the uniformed service member would have become age 60. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a 

sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 

5. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in 

the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the 

United States) for a period of at least 12 consecutive months; and was at the time of the sponsor’s death: 

a. Dependent on the member for over 50 percent support. 

b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result 

of a disibility or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

6. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been 

placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption. 

7. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is or was at the time of the member’s or former member’s death dependent on the former member for over 50 percent of the 

child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member and is, or was at the time of the member’s or former member’s death, dependent on the member or former member for over 50 percent of the child’s support. 

8. Eligible dependents of deceased former members who died prior to age 60 receive commissary, MWR, and exchange benefits. If the former 

member dies after applying for pay upon reaching age 60 then the eligible dependents are entitled to medical care only in accordance with notes 

1 and 2 as applicable. 

(4) Surviving dependents of deceased 

uniformed services retirees or deceased 

MOH recipients. The surviving 

dependents of deceased uniformed 

services retirees or deceased MOH 

recipients are eligible for the benefits 

shown in Table 19 to part 161. 

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TABLE 19 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF DECEASED UNIFORMED SERVICES RETIREES AND

DECEASED MOH RECIPIENTS

CHC DC C MWR E 

Widow or Widower: 

Unremarried ......................................................................... 1, 2, 3 ........... 3, 4 ............... Yes ............... Yes ............... Yes. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

Unmarried ............................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of member, illegitimate child of spouse.1, 2, 3 ........... 3, 5 ............... 6 ................... 4 ................... 4. 

Ward ..................................................................................... 1, 2, 3, 7 ...... 3, 4, 7 ........... 7 ................... 7 ................... 7. 

Pre-adoptive Child ................................................................ 1, 2, 3, 8 ...... 3, 4, 8 ........... 8 ................... 8 ................... 8. 

Foster Child .......................................................................... No ................ No ................ 6 ................... 6 ................... 6. 

Children, Unmarried, 21 Years and Over ................................... 1, 2, 3, 9 ...... 3, 4, 9 ........... 6, 9 ............... 9 ................... 9. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ No ................ 6 ................... 4 ................... 4. 

Notes: 

1. Yes, if the deceased uniformed service member was a retired uniformed service member entitled to retired pay, including TDRL or PDRL, or 

a non-regular Service retiree, age 60 or over, in receipt of retired pay, and if the person is: 

a. Not entitled to Medicare Part A hospital insurance through the SSA; or, 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

2. Yes, if the deceased MOH recipient was not otherwise entitled to medical care as of, or after October 30, 2000 in accordance with section 

706 of Public Law 106–398 and if the person is: 

a. Not entitled to Medicare Part A hospital insurance through the SSA; or, 

b. Entitled to Medicare Part A, hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with section 706 of Public Law 111–84. 

3. No, if the deceased uniformed service member was a non-regular Service Retiree in accordance with the provision of 10 U.S.C. 12731 after 

the enactment of Public Law 110–181, sections 647 and 1106. The eligible surviving dependents will become eligible for CHC and DC on the anniversary of the 60th birthday of the deceased uniformed service member. Eligibility for CHC also requires that the person is: 

a. Not entitled to Medicare Part A hospital insurance through the SSA; or, 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a 

sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 

5. Yes, if the deceased was a retired uniformed services member entitled to retired pay, including TDRL or PDRL, or a non-regular Service retiree, age 60 or over, in receipt of retired pay, or a deceased MOH recipient not otherwise entitled to medical care as of or after, October 30, 

2000, or a deceased non-regular Service retiree entitled in accordance with the provisions of 10 U.S.C. 12731 after the enactment of Public Law 

110–181, sections 647 and 1106 on the anniversary of the 60th birthday of the deceased uniformed Service member. 

6. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or 

her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In the case of a divorce, children residing in the household of a former spouse are not considered to be members of the authorized sponsor’s household for commissary privileges. 

7. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in 

the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the 

United States) for a period of at least 12 consecutive months; and was at the time of the sponsor’s death: 

a. Dependent on the member for over 50 percent support. 

b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result 

of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

8. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been 

placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption. 

9. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is or was at the time of the member’s or former member’s death dependent on the former member for over 50 percent of the 

child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member and is or was at the time of the member’s or former member’s death dependent on the member or former member for over 50 percent of the child’s support. 

(5) Surviving Dependents of 100 

Percent DAVs. Surviving dependents of 

honorably discharged veterans rated as 

100 percent disabled or 100 percent 

unemployable by the VA from a 

uniformed services-connected injury or 

disease at the time of his or her death 

are eligible for benefits as shown in 

Table 20 to part 161. 

TABLE 20 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF 100 PERCENT DAVS

CHC DC C MWR E 

Widow or Widower: (DoD Beneficiary): 

Unremarried ......................................................................... No ................ No ................ Yes ............... Yes ............... Yes. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

Unmarried ............................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of member, illegitimate child of spouse.No ................ No ................ 1 ................... 4 ................... 4. 

Ward ..................................................................................... No ................ No ................ 2 ................... 2 ................... 2. 

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TABLE 20 TO PART 161—BENEFITS FOR SURVIVING DEPENDENTS OF 100 PERCENT DAVS—Continued 

CHC DC C MWR E 

Pre-adoptive Child ................................................................ No ................ No ................ 3 ................... 3 ................... 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 1, 5 ............... 1, 5 ............... 1, 5. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ No ................ 1 ................... 4 ................... 4. 

Notes: 

1. Yes, if at the time of the sponsor’s death, the person was living in a home provided by or for an authorized sponsor and was dependent on 

the sponsor for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death are entitled to commissary privileges. 

2. Yes, if, for determination of dependency made on or after July 1, 1994, was placed in the legal custody of the member or former member as 

a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive 

months; and was at the time of the sponsor’s death: 

a. Dependent on the member for over 50 percent support. 

b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result 

of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. 

3. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in 

the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by 

State or local law to provide adoption placement, in anticipation of the legal adoption. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor’s death or children of a 

sponsor residing in the household of a former spouse (20–20–20 or 10–20–10). 

5. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is or was at the time of the member’s or former member’s death, dependent on the former member for over 50 percent of the 

child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member and is, or was at the time of the member’s or former member’s death, dependent on the member or former member for over 50 percent of the child’s support. 

§ 161.18 Benefits for abused dependents. 

(a) Abused dependents of active duty 

uniformed services members entitled to 

retired pay based on 20 or more years 

of service who, on or after October, 23, 

1992, while a member, have their 

eligibility to receive retired pay 

terminated as a result of misconduct 

involving the abuse of the spouse or 

dependent child pursuant to 10 U.S.C. 

1408(h), are eligible for benefits as 

shown in Table 21. For the purposes of 

these benefits the eligible spouse or 

child may not reside in the household 

of the sponsor. See § 161.19 for 

additional information on abused 

dependents under the 10/20/10 former 

spouse rule. 

TABLE 21 TO PART 161—BENEFITS FOR ABUSED DEPENDENTS OF RETIREMENT ELIGIBLE UNIFORMED SERVICES

MEMBERS

CHC DC C MWR E 

Lawful Spouse ............................................................................. 1, 2, 6 ........... 2, 6 ............... 2, 6 ............... 2, 6 ............... 2, 6. 

Children, Unmarried, Under 18 Years: 

Legitimate, adopted, stepchild, pre-adoptive ....................... 1, 3 ............... 3 ................... 4 ................... 4 ................... 4. 

Children, Unmarried, 18 Years and Over (If entitled above) ...... 1, 4, 5 ........... 4, 5 ............... 4, 5 ............... 4, 5 ............... 4, 5. 

Notes: 

1. Yes, if: 

a. Not entitled to Medicare Part A hospital insurance through the SSA. 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

2. Yes, if a court order provides for an annuity for the spouse. 

3. Yes, if a member of the household where the abuse occurred. 

4. Yes, if a member of the household where the abuse occurred and dependent on that sponsor for over 50 percent of his or her support at 

the time the abuse occurred. 

5. Yes, if the child: 

a. Is older than 18 years old and is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 18, or occurred before the age of 23 while a 

full-time student. 

6. The spouse must have been married to the uniformed service member for at least 10 years, the uniformed service member must have completed 20 creditable years for retired pay, and they must have been married at least 10 years during the 20 years of creditable service (see 

§ 161.19). The uniformed services shall prescribe specific procedures to verify the eligibility of an applicant. 

(b) Dependents of active duty 

uniformed service members (who have 

served for a continuous period greater 

than 30 days) not entitled to retired pay 

who have received a dishonorable or 

bad-conduct discharge, dismissal from a 

uniformed service as a result of a court 

martial conviction for an offense 

involving physical or emotional abuse 

of the spouse or child, or was 

administratively discharged as a result 

of such an offense, separated on or after 

November 30, 1993, are eligible for 

transitional privileges in accordance 

with DoD Instruction 1342.24, 

‘‘Transitional Compensation for Abused 

Dependents’’ (available at http://

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

134224p.pdf). For the purposes of these 

benefits the eligible spouse or child may 

not reside in the household of the 

sponsor. A maximum of up to 36 

months of medical benefits can be 

granted by the uniformed services to the 

transitional compensation dependent. 

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TABLE 22 TO PART 161—BENEFITS FOR ABUSED DEPENDENTS OF NON-RETIREMENT ELIGIBLE UNIFORMED SERVICES

MEMBERS

CHC DC C MWR E 

Lawful Spouse ............................................................................. 1, 2 ............... 2 ................... 2 ................... 2 ................... 2. 

Children, Unmarried, Under 18 Years: 

Legitimate, adopted, and stepchild ...................................... 1, 2 ............... 2 ................... 2 ................... 2 ................... 2. 

Children, Unmarried, 18 Years and Over (If entitled above) ...... 1, 2, 3 ........... 2, 3 ............... 2, 3 ............... 2, 3 ............... 2, 3. 

Notes: 

1. Yes, if: 

a. Not entitled to Medicare Part A hospital insurance through the SSA. 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

2. Yes, if 

a. Residing with the member at the time of the dependent-abuse offense and not residing with the member while receiving transitional compensation for abused dependents. 

b. Married to and residing with the member at the time of the dependent-abuse offense and while receiving transitional compensation for 

abused dependents. 

3. Yes, if: 

a. 18 years of age or older and incapable of self-support because of a mental or physical incapacity that existed before the age of 18 and who 

is (or was when a punitive or other adverse action was carried out on the member) dependent on the member for over one-half of the child’s 

support; or 

b. 18 years of age or older, but less than 23 years of age, is enrolled in a full-time course of study in an institution of higher learning approved 

by the Secretary of Defense and who is (or was when a punitive or other adverse action was carried out on the member) dependent on the 

member for over one-half of the child’s support. 

§ 161.19 Benefits for former spouses. 

(a) 20/20/20 former spouses. 

Unremarried former spouses of a 

uniformed services member or retired 

member, married to the member or 

retired member for a period of at least 

20 years, during which period the 

member or retired member performed at 

least 20 years of service that is 

creditable in determining the member’s 

or retired member’s eligibility for retired 

or retainer pay, or equivalent pay 

pursuant to 10 U.S.C. 1408 and 

1072(2)(F), and the period of the 

marriage and the service overlapped by 

at least 20 years are eligible for benefits 

as shown in Tables 23 and 24 to part 

161. The benefit eligibility period begins 

on qualifying date of divorce from the 

uniformed services member. 

(1) 20/20/20 former spouses of an 

active duty, regular retired, or a nonregular retired sponsor at age 60. 20/20/ 

20 former spouses of an active duty, 

regular retired, or a non-regular retired 

sponsor at age 60 are eligible for benefits 

as shown in Table 23 to part 161. 

TABLE 23 TO PART 161—BENEFITS FOR 20/20/20 FORMER SPOUSES OF ACTIVE DUTY, REGULAR RETIRED, AND NONREGULAR RETIRED MEMBERS AT AGE 60 

CHC DC C MWR E 

Former Spouse: 

Unremarried ......................................................................... 1, 2 ............... 1 ................... Yes ............... Yes ............... Yes. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

Unmarried ............................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Notes: 

1. Yes, if the former spouse certifies in writing that he or she has no medical coverage under an employer-sponsored health plan. 

2. Yes, if: 

a. Not entitled to Medicare Part A hospital insurance through the SSA. 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance with the exception of those individuals 

who qualify in accordance with section 706 of Public Law 111–84. 

(2) 20/20/20 former spouses of a 

national guard, reserve member, or 

retired reserve member under age 60. (i) 

In the case of former spouses of National 

Guard, Reserve, or Retired Reserve 

members or former members who are 

entitled to retired pay at age 60, but 

have not yet reached age 60, the former 

spouse is only entitled to commissary, 

MWR, and exchange benefits as shown 

in Table 24 to part 161. When the 

Retired Reserve member or former 

member attains or would have attained, 

age 60, the former spouse will be 

entitled to benefits as shown in Table 23 

to part 161. 

(ii) In the case of former spouses of 

National Guard members or Reserve 

members ordered to active duty, or 

Retired Reserve members under age 60 

recalled to active duty, they continue to 

receive benefits as shown in Table 24 to 

part 161 if the orders are for a period of 

30 days or less. If the National Guard 

member, Reserve member, or recalled 

Retired Reserve member is on active 

duty orders in excess of 30 days, the 

former spouse will receive benefits as 

shown in Table 23 to part 161. 

TABLE 24 TO PART 161—BENEFITS FOR 20/20/20 FORMER SPOUSES FOR RETIRED RESERVE UNDER AGE 60 

CHC DC C MWR E 

Former Spouse: 

Unremarried ......................................................................... No ................ No ................ Yes ............... Yes ............... Yes. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

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TABLE 24 TO PART 161—BENEFITS FOR 20/20/20 FORMER SPOUSES FOR RETIRED RESERVE UNDER AGE 60— 

Continued 

CHC DC C MWR E 

Unmarried ............................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

(b) 20/20/15 former spouses. 

Unremarried former spouses described 

in paragraph (a)(1) of this section, with 

the period of overlap of marriage and 

the member’s creditable service at least 

15 years, but less than 20 years, are not 

eligible for the commissary, MWR, or 

exchange benefits. 

(1) 20/20/15 former spouses of an 

active duty, regular retired, or a nonregular retired sponsor at age 60. 20/20/ 

15 former spouses of an active duty, 

regular retired, or a non-regular retired 

sponsor at age 60 are eligible for benefits 

as shown in Table 25 to part 161. 

TABLE 25 TO PART 161—BENEFITS FOR 20/20/15 FORMER SPOUSES OF ACTIVE DUTY, REGULAR RETIRED, AND NONREGULAR RETIRED AT AGE 60 

CHC DC C MWR E 

Former Spouse: 

Unremarried ......................................................................... 1, 2, 3 ........... 1, 3 ............... No ................ No ................ No. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

Unmarried ............................................................................. No ................ No ................ No ................ No ................ No. 

Notes: 

1. Yes, if former spouse certifies in writing that he or she has no medical coverage under an employer-sponsored health plan. 

2. Yes, if: 

a. Not entitled to Medicare Part A hospital insurance through the SSA; or 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

3. Yes, if the: 

a. Final decree of divorce, dissolution, or annulment of the marriage was before April 1, 1985; or 

b. Marriage ended on, or after, September 29, 1988, entitlements shall exist for 1 year, beginning on the date of the divorce, dissolution, or annulment pursuant to 10 U.S.C. 1076 and 1072(2)(H). 

(2) 20/20/15 former spouses of a 

retired reserve member under age 60. (i) 

In the case of former spouses of Retired 

Reserve members or former members 

who are entitled to retired pay at age 60, 

but have not yet reached age 60, the 

former spouse has no entitlement under 

age 60. The benefit eligible period is 1 

year from the date of divorce. If any 

period of eligibility extends beyond the 

Retired Reserve or former member’s 

60th birthday then the former spouse 

will receive benefits as shown in Table 

25 to part 161 for that period. 

(ii) In the case of former spouses of 

Reserve members or Retired Reserve 

members under age 60 recalled to active 

duty on orders for a period of 30 days 

or less they are not entitled to any 

benefits as shown in Table 26 to part 

161. If the Reserve member or recalled 

Retired Reserve member is on active 

duty orders in excess of 30 days, the 

former spouse will receive benefits as 

shown in Table 25 to part 161 if they 

are within 1 year from the date of 

divorce from the uniformed service 

member. 

TABLE 26 TO PART 161—BENEFITS FOR 20/20/15 FORMER SPOUSES OF A RETIRED RESERVE MEMBER UNDER AGE 60 

CHC DC C MWR E 

Former Spouse: 

Unremarried ......................................................................... No ................ No ................ No ................ No ................ No. 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

Unmarried ............................................................................. No ................ No ................ No ................ No ................ No. 

(c) 10/20/10 former spouses. 

Unremarried former spouses of a 

member or retired member, married to 

the member or retired member for a 

period of at least 10 years to a member 

or retired member who performed at 

least 20 years of service that is 

creditable in determining the member’s 

or retired member’s eligibility for retired 

or retainer pay, when the period of 

overlap of marriage and the member’s 

creditable service was at least 10 years 

and the former spouse is in receipt of an 

annuity as a result of the member being 

separated from the service due to 

misconduct involving dependent abuse 

pursuant to 10 U.S.C. 1408(h), are 

eligible for benefits as shown in Table 

27 to part 161. 

TABLE 27 TO PART 161—BENEFITS FOR 10/20/10 FORMER SPOUSES

CHC DC C MWR E 

Former Spouse: 

Unremarried ......................................................................... 1, 2 ............... 1, 2 ............... Yes ............... Yes ............... Yes 

Remarried ............................................................................. No ................ No ................ No ................ No ................ No. 

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TABLE 27 TO PART 161—BENEFITS FOR 10/20/10 FORMER SPOUSES—Continued 

CHC DC C MWR E 

Unmarried ............................................................................. 1, 2 ............... 1, 2 ............... Yes ............... Yes ............... Yes. 

Notes: 

1. Yes, if: 

a. Not entitled to Medicare Part A hospital insurance through the SSA. 

b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance 

with section 706 of Public Law 111–84. 

2. The spouse must have been married to the uniformed service member for at least 10 years, the uniformed service member must have completed 20 creditable years for retired pay, and they must have been married at least 10 years during the 20 years of creditable service (see 

§ 161.18, paragraph (a)(1)). The uniformed services shall prescribe specific procedures to verify the eligibility of an applicant. 

§ 161.20 Benefits for civilian personnel. 

(a) Civilian personnel may be eligible 

for certain benefits described in this 

section based on their affiliation with 

DoD, Service-specific guidelines, or 

other authorizing conditions. The 

definition of ‘‘civilian personnel’’ (e.g., 

civilian employee, DoD contractor, Red 

Cross employee) is specific to each 

benefit set described. 

(1) Civilian personnel in the United 

States, to include civilian employees of 

the DoD and other Government 

agencies, as well as DoD contractors and 

personnel covered by PL 91–648 (also 

known and hereinafter referred to as 

Public Law 91–648, ‘‘Intergovernmental 

Personnel Act’’ (IPA)), may be issued a 

DoD ID card as a condition of 

employment or assignment in 

accordance with subpart B of this part. 

Civilian personnel in the United States 

are eligible for benefits as shown in 

Table 28 to part 161. 

TABLE 28 TO PART 161—BENEFITS FOR CIVILIAN EMPLOYEES IN THE UNITED STATES

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ No ................ 1 ................... No. 

Dependents ................................................................................. No ................ No ................ No ................ No ................ No. 

Note: 

1. In accordance with DoD Instruction 1015.10, retired DoD civilian employees are eligible, on a space available basis, to the limited use of 

MWR facilities based on the discretion of the installation commander. 

(2) Civilian personnel required to 

reside on a military installation within 

the CONUS, Hawaii, or Alaska and their 

dependents, when residing in the same 

household, are eligible for benefits as 

shown in Table 29 to part 161. For the 

purposes of this benefit set, ‘‘civilian 

personnel’’ includes civilian DoD 

employees and IPA personnel. 

TABLE 29 TO PART 161—BENEFITS FOR CIVILIAN PERSONNEL AND DEPENDENTS WHEN REQUIRED TO RESIDE ON A

MILITARY INSTALLATION IN CONUS, HAWAII, OR ALASKA

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ 1 ................... Yes ............... 2. 

Lawful Spouse ............................................................................. No ................ No ................ 1 ................... Yes ............... 2. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of employee, or illegitimate child of spouse.No ................ No ................ 1, 3 ............... 3 ................... 2, 3. 

Ward ..................................................................................... No ................ No ................ 1, 3, 4 ........... 3, 4 ............... 2, 3, 4. 

Pre-adoptive ......................................................................... No ................ No ................ 1, 3, 5 ........... 3, 5 ............... 2, 3, 5. 

Foster Child .......................................................................... No ................ No ................ 1, 3 ............... 3 ................... 2, 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 1, 6 ............... 6 ................... 2, 6. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ No ................ 1, 3 ............... 3 ................... 2, 3. 

Notes: 

1. Yes, but commissary privileges do not include the purchase of tobacco products in those States, including the District of Columbia, that impose a tax on such products. 

2. Yes, are entitled to limited exchange privileges, which include purchase of all items except uniform articles and State tax-free items. 

3. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 

4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

5. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency 

(recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of 

the legal adoption by the member. 

6. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member and is, dependent on the member or former member for over 50 percent of the child’s support. 

(3) DoD civilian personnel stationed 

or employed outside the continental 

United States (OCONUS) and their 

accompanying dependents, when 

residing in the same household, are 

eligible for benefits as shown in Table 

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30. For the purposes of this benefit set, 

‘‘civilian personnel’’ includes civilian 

DoD employees, DoD contractors, and 

IPA personnel. Overseas commanders 

may never authorize benefits not 

authorized by this section, but they may 

deny privileges indicated when base 

support facilities cannot handle the 

burden imposed. 

TABLE 30 TO PART 161—BENEFITS FOR DOD CIVILIAN PERSONNEL STATIONED OCONUS AND ACCOMPANYING

DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee, or Illegitimate child of spouse.No ................ 1, 2 ............... 2 ................... 2 ................... 2. 

Ward ..................................................................................... No ................ 1, 2, 3 ........... 2, 3 ............... 2, 3 ............... 2, 3. 

Pre-adoptive ......................................................................... No ................ 1, 2, 4 ........... 2, 4 ............... 2, 4 ............... 2, 4. 

Foster Child .......................................................................... No ................ No ................ 2 ................... 2 ................... 2 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 5 ............... 5 ................... 5 ................... 5. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ No ................ 1, 2 ............... 2 ................... 2. 

Notes: 

1. Yes, on a space-available, fully reimbursable basis. Medical care at uniformed services facilities shall be rendered in accordance with Service instructions. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency 

(recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of 

the legal adoption by the member. 

5. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b.Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member and is, dependent on the member for over 50 percent of the child’s support. 

(4) Civilian personnel of non-DoD 

Government agencies stationed or 

employed OCONUS, and their 

dependents, when residing in the same 

household, are eligible for benefits as 

shown in Table 31. For the purposes of 

this benefit set, ‘‘civilian personnel’’ 

includes civilian employees of non-DoD 

Government agencies (e.g., Federal 

employees of the Department of State). 

Commissary, MWR, and exchange 

privileges are authorized by overseas 

commanders to the persons designated 

in Table 31 when it is within the 

capability of the facilities and it shall 

not impair the military mission. 

Overseas commanders may never 

authorize benefits beyond those 

authorized by this section, but they may 

deny privileges indicated when base 

support facilities cannot handle the 

burden imposed. 

TABLE 31 TO PART 161—BENEFITS FOR NON-DOD GOVERNMENT AGENCIES CIVILIAN PERSONNEL STATIONED OR

EMPLOYED OCONUS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee, or Illegitimate child of spouse.

Ward ..................................................................................... No ................ 1, 2, 3 ........... 2, 3 ............... 2, 3 ............... 2, 3. 

Pre-adoptive ......................................................................... No ................ 1, 2, 4 ........... 2, 3 ............... 2, 4 ............... 2, 4. 

Foster Child .......................................................................... No ................ No ................ 2 ................... 2 ................... 2. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 5 ............... 5 ................... 5 ................... 5. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ 1, 2 ............... 2 ................... 2 ................... 2. 

Notes: 

1. Yes, on a space-available, fully reimbursable basis. Medical care at uniformed services facilities shall be rendered in accordance with Service instructions. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency 

(recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of 

the legal adoption by the member. 

5. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member and is, dependent on the member or former member for over 50 percent of the child’s support. 

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(5) Civilian personnel stationed or 

employed in Puerto Rico or Guam and 

their dependents, when residing in the 

same household, are eligible for benefits 

as shown in Table 32. For the purposes 

of this benefit set, ‘‘civilian personnel’’ 

includes civilian DoD employees under 

a valid transportation agreement, as well 

as civilian employees of other 

Government agencies, DoD contractors, 

and IPA personnel. 

TABLE 32 TO PART 161—BENEFITS FOR CIVILIAN PERSONNEL STATIONED OR EMPLOYED IN PUERTO RICO OR GUAM AND

ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... 2 ................... Yes ............... 3. 

Lawful Spouse ............................................................................. No ................ 1 ................... 2 ................... Yes ............... 3. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee or illegitimate child of spouse.No ................ 1, 4 ............... 2, 4 ............... 4 ................... 3, 4. 

Ward ..................................................................................... No ................ 1, 4, 5 ........... 2, 4, 5 ........... 4, 5 ............... 3, 4, 5. 

Pre-adoptive ......................................................................... No ................ 1, 4, 6 ........... 2, 4, 6 ........... 4, 6 ............... 3, 4, 6. 

Foster Child .......................................................................... No ................ No ................ 2, 4 ............... 2, 4 ............... 2, 3, 4. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 7 ............... 2, 7 ............... 7 ................... 3, 7. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ 1, 4 ............... 2, 4 ............... 4 ................... 3, 4. 

Notes: 

1. Yes, on a space-available, fully reimbursable basis only if residing in a household on a military installation. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of DoD Instruction 1400.25. 

2. In cases where deviations are granted by the Secretary of a Military Department or the Commander of a Combatant Command permitting 

access to commissary and exchange to non-DoD Federal employees and employees of firms under contract to the U.S. Government, the installation commander shall establish procedures to verify status, maintain databases, and issue appropriate identification. 

3. Yes, are entitled to limited exchange privileges, which include purchase of all items except articles of uniform and State tax-free items. 

4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 

5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency 

(recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of 

the legal adoption by the member. 

7. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

(6) DoD OCONUS hires are foreign 

nationals in host countries who are 

employed by U.S. forces, consistent 

with any agreement with the host 

country as defined in Volume 1231 of 

DoD Instruction 1400.25. They are 

entered into DEERS for the purposes of 

issuing a CAC and are not eligible for 

benefits as shown in Table 33 to part 

161. 

TABLE 33 TO PART 161—BENEFITS FOR DOD OCONUS HIRES

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ No ................ No ................ No. 

(7) Uniformed and non-uniformed 

full-time paid personnel of the Red 

Cross assigned to duty with the 

uniformed services within the CONUS, 

Hawaii, Alaska, and Puerto Rico and 

their accompanying dependents, when 

required to reside in the same 

household on a military installation are 

eligible for benefits as shown in Table 

34 to part 161. 

TABLE 34 TO PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE RED CROSS ASSIGNED TO DUTY WITH THE

UNIFORMED SERVICES IN CONUS, HAWAII, OR ALASKA AND REQUIRED TO RESIDE ON A MILITARY INSTALLATION AND

ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ Yes ............... Yes ............... 1. 

Lawful Spouse ............................................................................. No ................ No ................ Yes ............... Yes ............... 1. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee, or illegitimate child of spouse.No ................ No ................ 2 ................... 2 ................... 1, 2. 

Ward ..................................................................................... No ................ No ................ 2, 3 ............... 2, 3 ............... 1, 2, 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 4 ................... 4 ................... 1, 4. 

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TABLE 34 TO PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE RED CROSS ASSIGNED TO DUTY WITH THE

UNIFORMED SERVICES IN CONUS, HAWAII, OR ALASKA AND REQUIRED TO RESIDE ON A MILITARY INSTALLATION AND

ACCOMPANYING DEPENDENTS—Continued 

CHC DC C MWR E 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ No ................ 2 ................... 2 ................... 1, 2. 

Notes: 

1. If authorized by installation commander, entitled to exchange privileges. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

5. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

(8) Uniformed and non-uniformed 

full-time paid personnel of the Red 

Cross assigned to duty with the 

uniformed services OCONUS and their 

accompanying dependents, when 

residing in the same household, are 

eligible for benefits as shown in Table 

35 to part 161. 

TABLE 35 TO PART 161—BENEFITS FOR FULL-TIME PAID PERSONNEL OF THE RED CROSS ASSIGNED TO DUTY WITH THE

UNIFORMED SERVICES OCONUS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self ........................................................................................................................................... No ....... 1 .......... Yes ...... Yes ...... Yes. 

Lawful Spouse .......................................................................................................................... No ....... 1 .......... Yes ...... Yes ...... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee or illegitimate child of 

spouse.

No ....... 1, 2 ...... 2 .......... 2 .......... 2. 

Ward .................................................................................................................................. No ....... No ....... 2, 3 ...... 2, 3 ...... 2, 3. 

Children, Unmarried, 21 Years and Over ................................................................................ No ....... 1, 4 ...... 4 .......... 4 .......... 4. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or Parent-by-Adoption ............... No ....... 1, 2 ...... 2 .......... 2 .......... 2. 

Notes: 

1. Yes, on a space-available basis at rates specified in uniformed services instructions. Additional guidelines are contained in DoD Instruction 

1100.22 and Volume 1231 of DoD Instruction 1400.25. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

4. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

(9) Area executives, center directors, 

and assistant directors of the United 

Service Organizations (USO) serving 

OCONUS and their accompanying 

dependents when residing in the same 

household are eligible for benefits as 

shown in Table 36 to part 161. 

TABLE 36 TO PART 161—BENEFITS FOR AREA EXECUTIVES, CENTER DIRECTORS, AND ASSISTANT DIRECTORS OF THE

USO AND ACCOMPANYING DEPENDENTS SERVING OCONUS 

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of employee, or illegitimate child of spouse.No ................ 1, 2 ............... 2 ................... 2 ................... 2. 

Ward ..................................................................................... No ................ No ................ 2, 3 ............... 2, 3 ............... 2, 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 4 ............... 4 ................... 4 ................... 4. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ 1, 2 ............... 2 ................... 2 ................... 2. 

Notes: 

1. Yes, on a space-available, fully reimbursable basis. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of 

DoD Instruction 1400.25. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

4. Yes, if the child: 

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a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

(10) USS personnel serving OCONUS 

and their accompanying dependents, 

when residing in the same household, 

are eligible for benefits as shown in 

Table 37 to part 161. 

TABLE 37 TO PART 161—BENEFITS FOR USS PERSONNEL SERVING OCONUS AND ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of employee, or illegitimate child of spouse.No ................ 1, 2 ............... 2 ................... 2 ................... 2. 

Ward ..................................................................................... No ................ No ................ 2, 3 ............... 2, 3 ............... 2, 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 4 ............... 4 ................... 4 ................... 4. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ 1, 2 ............... 2 ................... 2 ................... 2. 

Notes: 

1. Yes, on a space-available, fully reimbursable basis. Additional guidelines are contained in DoD Instruction 1100.22 and Volume 1231 of 

DoD Instruction 1400.25. 

2. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

4. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

(11) MSC civil service Marine 

personnel deployed OCONUS on MSCowned and operated vessels are eligible 

for benefits as shown in Table 38 to part 

161. 

TABLE 38 TO PART 161—BENEFITS FOR MSC PERSONNEL DEPLOYED OCONUS ON MSC-OWNED AND OPERATED

VESSELS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... Yes ............... Yes ............... 2. 

Notes: 

1. Yes, on a space-available, fully reimbursable basis. 

2. Entitled to limited exchange privileges, which includes purchase of all items except distinctive uniform items and State tax-free items. 

(12) Ship’s officers and members of 

the crews of NOAA vessels are eligible 

for benefits in accordance with 33 

U.S.C. 3074 as shown in Table 39. 

Ship’s officers are not commissioned 

officers, but civilian employees of 

NOAA. 

TABLE 39 TO PART 161—BENEFITS FOR SHIP’S OFFICERS AND MEMBERS OF THE CREWS OF NOAA VESSELS

[NOAA Wage Mariner Employees] 

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, Illegitimate child of employee, or Illegitimate child of spouse.No ................ No ................ 1 ................... 1 ................... 1. 

Ward ..................................................................................... No ................ No ................ 1, 2 ............... 1, 2 ............... 1, 2. 

Pre-adoptive ......................................................................... No ................ No ................ 1, 3 ............... 1, 3 ............... 1, 3. 

Foster Child .......................................................................... No ................ No ................ 1 ................... 1 ................... 1. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 4 ................... 4 ................... 4. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent-by-Adoption.

No ................ No ................ 1 ................... 1 ................... 1. 

Notes: 

1. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a 

former spouse (20–20–20 or 10–20–10). 

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2. Yes if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

3. Yes if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the 

legal adoption by the member. 

4. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

(13) Officers and crews of vessels, 

lighthouse keepers, and depot keepers 

of the former Lighthouse Service are 

eligible for benefits as shown in Table 

40 to part 161. 

TABLE 40 TO PART 161—BENEFITS FOR OFFICERS AND CREWS OF VESSELS, LIGHTHOUSE KEEPERS AND DEPOT

KEEPERS OF THE FORMER LIGHTHOUSE SERVICE

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ Yes ............... Yes ............... Yes. 

(14) Presidential appointees who have 

been confirmed by the Senate (PASs), 

non-career and career SES employees, 

and SES equivalents of the DoD and the 

Military Services are eligible for benefits 

as shown in Table 41 to part 161. 

TABLE 41 TO PART 161—BENEFITS FOR PRESIDENTIAL APPOINTEES

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... No ................ No ................ No. 

Note: 

1. Designation for PASs and other designated civilian officials within the DoD and the Military Departments. This is a specific reimbursable 

care value at the interagency rate outside the National Capital Region. 

(15) Contract surgeons overseas 

during the period of their contract are 

eligible for benefits as shown in Table 

42 to part 161. 

TABLE 42 TO PART 161—BENEFITS FOR CONTRACT SURGEONS OVERSEAS

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ No ................ Yes ............... Yes. 

(16) State employees of the National 

Guard may be identified in DEERS for 

the purpose of issuing a CAC to access 

DoD networks. There are no benefits 

assigned and no dependent benefits are 

extended as shown in Table 43 to part 

161. 

TABLE 43 TO PART 161—BENEFITS FOR STATE GUARD EMPLOYEES

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ No ................ No ................ No. 

§ 161.21 Benefits for retired civilian 

personnel. 

(a) Retired DoD civilian employees. 

Retired appropriated and NAF 

employees of the DoD are eligible for 

benefits as shown in Table 44 to part 

161. 

TABLE 44 TO PART 161—BENEFITS FOR RETIRED DOD CIVILIAN EMPLOYEES

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ No ................ 1 ................... No. 

Note: 

1. In accordance with DoD Instruction 1015.10, retired DoD civilian employees are eligible, on a space available basis, to the limited use of 

MWR facilities based on the discretion of the installation commander. The August 26, 2008, USD(P&R) Memorandum, ‘‘Department of Defense 

Civilian Retiree Identification Cards’’ authorized the issuance of a DoD ID card to this population. 

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(b) Retired NOAA Wage Mariner 

employees and their eligible 

dependents. Retired NOAA Wage 

Mariners (retired ship’s officers and 

members of the crews of NOAA vessels) 

are eligible for benefits in accordance 

with 33 U.S.C. 3074 as shown in Table 

45 to part 161. 

TABLE 45 TO PART 161—BENEFITS FOR RETIRED NOAA WAGE MARINER EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ Yes ............... No ................ Yes. 

Lawful Spouse ............................................................................. No ................ No ................ Yes ............... No ................ Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of record 

of female member, or illegitimate child of male member, 

whose paternity has been judicially determined.

No ................ No ................ 1 ................... No ................ 1. 

Ward ..................................................................................... No ................ No ................ 1, 2 ............... No ................ 1, 2. 

Pre-adoptive Child ................................................................ No ................ No ................ 1, 3 ............... No ................ 1, 3. 

Foster Child .......................................................................... No ................ No ................ 1 ................... No ................ 1. 

Children, Unmarried, 21 Years and Over ................................... No ................ No ................ 1, 4 ............... No ................ 1, 4. 

Notes: 

1. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or 

her support. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor’s household for commissary privileges. 

2. Yes, if, for determinations of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a 

result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

3. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a 

placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member or former member. 

4. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the former member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of 

the child’s support. 

§ 161.22 Benefits for foreign affiliates. 

(a) Sponsored NATO and PFP 

personnel in the United States. Active 

duty officer and enlisted personnel of 

NATO and PFP countries serving in the 

United States under the sponsorship or 

invitation of the DoD or a Military 

Service and their accompanying 

dependents living in the sponsor’s U.S. 

household are eligible for benefits as 

shown in Table 46 to part 161. 

TABLE 46 TO PART 161—BENEFITS FOR SPONSORED NATO AND PFP PERSONNEL AND ACCOMPANYING DEPENDENTS IN

THE UNITED STATES

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. 2 ................... 1 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years:.

Legitimate, adopted, stepchild Illegitimate child of member, 

or Illegitimate child of spouse.

2, 3 ............... 1, 3 ............... 3 ................... 3 ................... 3. 

Ward ..................................................................................... No ................ No ................ 3, 4 ............... 3, 4 ............... 3, 4. 

Children, Unmarried, 21 Years and Over ................................... 2, 3, 5 ........... 1, 3, 5 ........... 1, 5 ............... 1, 5 ............... 1, 5. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ No ................ 3 ................... 3 ................... 3. 

Notes: 

1. Yes, for outpatient care no charge and for inpatient care at full reimbursable rate. 

2. Yes, for outpatient care only. 

3. Yes, if residing in the household of the foreign service member in the United States. 

4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

5. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

(b) Sponsored non-NATO personnel 

in the United States. Active duty officer 

and enlisted personnel of non-NATO 

countries serving in the United States 

under DoD or Service sponsorship or 

invitation and their dependents, living 

in the non-NATO personnel’s U.S. 

household, are eligible for benefits as 

shown in Table 47 to part 161. 

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Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 745 

TABLE 47 TO PART 161—BENEFITS FOR SPONSORED NON-NATO PERSONNEL AND ACCOMPANYING DEPENDENTS IN THE

UNITED STATES

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of member, or illegitimate child of spouse.No ................ 1, 3 ............... 2 ................... 2 ................... 2. 

Ward ..................................................................................... No ................ No ................ 2, 3 ............... 2, 3 ............... 2, 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 2, 4 ........... 2, 4 ............... 2, 4 ............... 2, 4. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ No ................ 2 ................... 2 ................... 2. 

Notes: 

1. Yes, for outpatient care only on a reimbursable basis. 

2. Yes, if residing in the household of the foreign service member in the United States. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

4. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

(c) Non-sponsored NATO personnel 

in the United States. Active duty officer 

and enlisted personnel of NATO 

countries who, in connection with their 

official NATO duties, are stationed in 

the United States but are not under DoD 

or Service sponsorship and their 

accompanying dependents living in the 

non-sponsored NATO personnel’s U.S. 

household are eligible for benefits as 

shown in Table 48 to part 161. 

TABLE 48 TO PART 161—BENEFITS FOR NON-SPONSORED NATO AND PFP PERSONNEL IN THE UNITED STATES AND

ACCOMPANYING DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... No ................ Yes ............... Yes. 

Lawful Spouse ............................................................................. 2 ................... 1 ................... No ................ No ................ No. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of member, or illegitimate child of spouse.2, 3 ............... 1, 3 ............... No ................ No ................ No. 

Ward ..................................................................................... No ................ No ................ No ................ No ................ No. 

Children, Unmarried, 21 Years and Over ................................... 2, 3, 4 ........... 1, 3, 4 ........... No ................ No ................ No. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ No ................ No ................ No ................ No. 

Notes: 

1. Yes, for outpatient care no charge and for inpatient care at full reimbursable rate. 

2. Yes, for outpatient care only. 

3. Yes, if residing in the household of the foreign service member in the United States. 

4. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

(d) NATO and non-NATO personnel 

OCONUS. Active duty officer and 

enlisted personnel of NATO and nonNATO countries serving OCONUS and 

outside their own country under DoD or 

Service sponsorship or invitation and 

their accompanying dependents living 

with the sponsor are eligible for benefits 

as shown in Table 49 to part 161. These 

benefits may be extended to this 

category of personnel not under DoD or 

Service sponsorship or invitation when 

it is determined by the major overseas 

commander that the granting of such 

privileges is in the best interests of the 

United States and such personnel are 

connected with, or their activities are 

related to, the performance of functions 

of the Service establishment. 

TABLE 49 TO PART 161—BENEFITS FOR NATO, PFP, AND NON-NATO PERSONNEL OCONUS AND ACCOMPANYING

DEPENDENTS

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Lawful Spouse ............................................................................. No ................ 1 ................... Yes ............... Yes ............... Yes. 

Children, Unmarried, Under 21 Years:.

Legitimate, adopted, stepchild, illegitimate child of member, or illegitimate child of spouse.No ................ 1, 2 ............... 2 ................... 2 ................... 2. 

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746 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

TABLE 49 TO PART 161—BENEFITS FOR NATO, PFP, AND NON-NATO PERSONNEL OCONUS AND ACCOMPANYING

DEPENDENTS—Continued 

CHC DC C MWR E 

Ward ..................................................................................... No ................ No ................ 2, 3 ............... 2, 3 ............... 2, 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 2, 3 ........... 2, 4 ............... 2, 4 ............... 2, 4. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ No ................ 2 ................... 2 ................... 2. 

Notes: 

1. Yes, for outpatient care only on a reimbursable basis. 

2. Yes, if residing in the household of the foreign service member and dependent on over 50 percent support. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

4. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support 

(e) Korean Augmentation to the U.S. 

Army (KATUSA). Military service is 

mandatory for all Republic of Korea 

(ROK) male citizens. Those male 

citizens who speak English often 

become KATUSA serving with the U.S. 

Army forces in the ROK. This 

arrangement is provided for in the status 

of forces agreement between the United 

States and ROK. The KATUSAs are 

identified in DEERS for the purpose of 

issuing CACs for access to the U.S. 

installations in the ROK. No other 

benefits are provided as shown in Table 

50 to part 161. 

TABLE 50 TO PART 161—BENEFITS FOR KATUSA 

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ No ................ No ................ No. 

(f) Foreign national civilians. Civilian 

employees of a foreign government who 

are assigned a support role with the DoD 

or Military Services or attending school 

at one of the DoD or uniformed services 

advanced schools may be identified in 

DEERS for the purpose of issuing a CAC. 

The foreign national civilian must be 

sponsored by the DoD or a Military 

Service regardless of whether the 

foreign national civilian is from a 

NATO, PFP, or non-NATO country. 

There are no benefits assigned and no 

dependent benefits are extended as 

shown in Table 51 to part 161. 

TABLE 51 TO PART 161—BENEFITS FOR FOREIGN NATIONAL CIVILIANS

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ No ................ No ................ No. 

(g) Foreign National Contractors. 

Contractor personnel, contracted to a 

foreign government, who are assigned a 

support role with the DoD or Military 

Services or as a representative of a 

foreign government at one of the DoD or 

uniformed services advanced schools 

may be identified in DEERS for the 

purpose of issuing a CAC for physical 

and logical access requirements. The 

foreign national contractor must be 

sponsored by the DoD or a Military 

Service regardless of whether the 

foreign national civilian is from a 

NATO, PFP, or a non-NATO country. 

There are no benefits assigned and no 

dependent benefits are extended as 

shown in Table 52 to part 161. 

TABLE 52 TO PART 161—BENEFITS FOR FOREIGN NATIONAL CONTRACTORS

CHC DC C MWR E 

Self .............................................................................................. No ................ No ................ No ................ No ................ No. 

(h) Personnel Covered by a Reciprocal 

Health Care Agreement (RHCA) in the 

United States. For countries that have 

bilateral RHCAs with the DoD, RHCAs 

provide that a limited number of foreign 

force members and their dependents in 

the United States may be provided 

inpatient medical care at MTFs on a 

space-available basis without cost 

(except for a subsistence charge, if it 

applies). Provision of such care is 

contingent on comparable care being 

made available to a comparable number 

of U.S. military personnel and their 

dependents in the foreign country. 

Benefits are provided as shown in Table 

53 to part 161. 

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TABLE 53 TO PART 161—BENEFITS FOR FOREIGN FORCE MEMBERS AND ELIGIBLE DEPENDENTS RESIDING IN THE UNITED

STATES WHO ARE COVERED BY AN RHCA 

CHC DC C MWR E 

Self .............................................................................................. No ................ 1 ................... 5 ................... 6 ................... 7. 

Lawful Spouse ............................................................................. No ................ 1 ................... 5 ................... 6 ................... 7. 

Children, Unmarried, Under 21 Years: 

Legitimate, adopted, stepchild, illegitimate child of member, or illegitimate child of spouse.No ................ 1, 2 ............... 2 ................... 2 ................... 2. 

Ward ..................................................................................... No ................ No ................ 2, 3 ............... 2, 3 ............... 2, 3. 

Children, Unmarried, 21 Years and Over ................................... No ................ 1, 2, 4 ........... 2, 4 ............... 2, 4 ............... 2, 4. 

Father, Mother, Father-in-Law, Mother-in-Law, Stepparent, or 

Parent by Adoption.

No ................ No ................ 2 ................... 2 ................... 2. 

Notes: 

1. As determined by the appropriate RHCA. 

2. Yes, if residing in the household of the foreign force member in the United States. 

3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months. 

4. Yes, if the child: 

a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering 

Secretary, and is dependent on the member for over 50 percent of the child’s support; or 

b. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a 

full-time student, while a dependent of a member, and is dependent on the member for over 50 percent of the child’s support. 

5. Yes, if authorized by DoD Instruction 1330.17. 

6. Yes, if authorized by DoD Instruction 1015.10. 

7. Yes, if authorized by DoD Instruction 1330.21. 

Dated: December 19, 2013. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2013–30620 Filed 1–3–14; 8:45 am] 

BILLING CODE 5001–06–P 

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