[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16269-16277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06909]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 66

[Docket ID: DOD-2011-OS-0099]
RIN 0790-AI78


Qualification Standards for Enlistment, Appointment, and 
Induction

AGENCY: Office of the Under Secretary of Defense for Personnel and 
Readiness, DoD.

ACTION:  Interim final rule.

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SUMMARY: This rule updates policies and responsibilities for basic 
entrance qualification standards for enlistment, appointment, and 
induction into the Armed Forces and delegates the authority to specify 
certain standards to the Secretaries of the Military Departments. It 
establishes the age, aptitude, character/conduct, citizenship, 
dependents, education, medical, physical fitness, and other 
disqualifying conditions that are causes for rejection from military 
service. Other standards may be prescribed in the event of mobilization 
or national emergency. This rule sets standards designed to ensure that 
individuals under consideration for enlistment, appointment, and/or 
induction are able to perform military duties successfully, and to 
select those who are the most trainable and adaptable to Service life.

DATES: Effective Date: This rule is effective March 27, 2015. Comments 
must be received by May 26, 2015.

ADDRESSES: You may submit comments, identified by docket number and or 
Regulatory Information Number (RIN) and title, by any of the following 
methods:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, 2nd Floor, East Tower, Suite 02G09, Alexandria, VA 22350-
3100.
    Instructions: All submissions received must include the agency name 
and docket number or 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: Dennis J. Drogo, (703) 697-9268.

SUPPLEMENTARY INFORMATION:

Executive Summary

I. Purpose of This Regulatory Action

    This rule updates policies and responsibilities for basic entrance 
qualification standards for enlistment, appointment, and induction into 
the Armed Forces and delegates the authority to specify certain 
standards to the Secretaries of the Military Departments.

II. Summary of the Major Provisions of This Regulatory Action

    (a) Establishes age, aptitude, character/conduct, citizenship, 
dependents, education, medical, physical fitness, and other 
disqualifying conditions that are causes for rejection from military 
service. Other standards may be prescribed in the event of mobilization 
or national emergency.
    (b) Sets standards designed to ensure that individuals under 
consideration for enlistment, appointment, and/or induction are able to 
perform military duties successfully and to select those who are the 
most trainable and adaptable to Service life.
    (c) Removes provisions related to homosexual conduct.

III. Costs and Benefits of This Regulatory Action

    The benefit of publishing this interim final rule is that it 
establishes standards to ensure that those who are enlisted, appointed, 
or inducted are the best qualified to complete their prescribed 
training and the best able to adapt to the military life. Failure to 
maintain these standards would result in a high attrition of personnel 
and would significantly increase training costs. The success of today's 
All-volunteer military is dependent on this policy.

Justification for Interim Final Rule

    This rule is being published as an interim final rule to provide 
required updates in DoD policy and procedures that impact the public. 
It has been almost 10 years since these policies and procedures have 
been updated. Some policy changes and court decisions have a great 
impact on the eligibility of potential applicants entry into the 
military. All language addressing homosexual conduct has been removed 
in accordance with the December 22, 2010, repeal of the Don't Ask Don't 
Tell policy, which opened military service to homosexuals, and the 
subsequent United States vs. Windsor decision (570 U.S. 12, 133 S. Ct 
2675 (2013)) which found section 3 of the Defense of Marriage Act 
(DOMA) unconstitutional. By removing all references to homosexuality, 
otherwise qualified applicants are now free to apply and enroll in a 
military academy without prejudice or fear of reprisal. This interim 
rule is required immediately to remove any legal and policy 
restrictions which would prevent a potential applicant from entry into 
a military based solely on their sexual orientation.
    It is important for DoD to have current and up-to-date enlistment, 
appointment, and induction standards, which are essential in defining 
the measures necessary to evaluate and qualify civilians for military 
service. A critical component of this update is the clarification of 
one of the underlying purposes of the enlistment, appointment, and 
induction standards which is to minimize entrance of persons who are 
likely to become disciplinary cases, security risks, or who are likely 
to disrupt good order, morale, and discipline. The Military Services 
are responsible for the defense of the Nation and should not be viewed 
as a source of rehabilitation for those who have not subscribed to the 
legal and moral standards of society at-large. The necessity of 
publishing these current standards, as an interim final rule, is vital 
to the DoD meeting its mission to man the All Volunteer Force with 
qualified citizens.

[[Page 16270]]

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This interim final rule has been designated a 
``significant regulatory action,'' although not economically 
significant, under section 3(f) of Executive Order 12866. Accordingly, 
the rule has been reviewed by the Office of Management and Budget (OMB) 
under the requirements of these Executive Orders.

Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2014, that threshold is approximately $141 million. This document will 
not mandate any requirements for State, local, or tribal governments, 
nor will it affect private sector costs.

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

    The Department of Defense certifies that this interim final rule is 
not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it 
would not, if promulgated, have a significant economic impact on a 
substantial number of small entities. Therefore, the Regulatory 
Flexibility Act, as amended, does not require us to prepare a 
regulatory flexibility analysis.

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

    It has been certified that 32 CFR part 66 does not impose 
additional reporting or recordkeeping requirements under the Paperwork 
Reduction Act of 1995. The following exiting clearances will be 
utilized:

0701-0101--``Air Force ROTC College Scholarship Application''
0701-0150--``Air Force Recruiting Information Support System--Total 
Forces (AFRISS-TF)''
0702-0073--``U.S. Army ROTC 4-year College Scholarship Application''
0702-0111--``Army ROTC Referral Information''
0703-0020--``Enlistee Financial Statement''
0704-0006--``Request for Verification of Birth''
0704-0173--Record of Military Processing--Armed Forces of the United 
States''
0704-0413--``Medical Screening of Military Personnel''
0704-0415--``Application for Department of Defense Common Access 
Card--DEERS Enrollment''

    The Department will continue to review its processes to identify 
collection instruments and consider how these collection tools may be 
improved and make revisions accordingly. The Department welcomes 
comments on how you think we can improve on our information collection 
activities.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This interim final rule will not have a substantial 
effect on State and local governments.

List of Subjects in 32 CFR Part 66

    Armed forces, Qualification standards.


0
Accordingly 32 CFR part 66 is added to read as follows:

PART 66--QUALIFICATION STANDARDS FOR ENLISTMENT, APPOINTMENT, AND 
INDUCTION

Sec.
66.1 Purpose.
66.2 Applicability.
66.3 Definitions.
66.4 Policy.
66.5 Responsibilities.
66.6 Enlistment, appointment, and induction criteria.
66.7 Enlistment waivers.

    Authority:  10 U.S.C. 504, 505, 520, 532, 12102, 12201, and 
12205.


Sec.  66.1  Purpose.

    In accordance with the authority in DoD Directive 5124.02, ``Under 
Secretary of Defense for Personnel and Readiness (USD(P&R))'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf), this part:
    (a) Updates established policies and responsibilities for basic 
entrance qualification standards for enlistment, appointment, and 
induction into the Military Services and delegates the authority to 
specify certain standards to the Secretaries of the Military 
Departments.
    (b) Establishes the standards for age, aptitude, citizenship, 
dependents, education, medical, character/conduct, physical fitness, 
and other disqualifying conditions, which are cause for non-
qualification for military service. Other standards may be prescribed 
in the event of national emergency.
    (c) Sets standards designed to ensure that individuals under 
consideration for enlistment, appointment, or induction are able to 
perform military duties successfully, and to select those who are the 
most trainable and adaptable to Service life.


Sec.  66.2  Applicability.

    This part applies to:
    (a) Office of the Secretary of Defense, 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 DoD (referred to collectively in this part as the ``DoD 
Components'').
    (b) Applicants for initial enlistment into the Military Services 
Regular and Reserve Components.
    (c) Applicants for appointment as commissioned or warrant officers 
in the Regular and Reserve Components.
    (d) Applicants for reenlistment following release from active duty 
into subsequent Regular or Reserve Components (including the Army 
National Guard of the United States and the Air National Guard of the 
United States) after a period of more than 6 months has elapsed since 
discharge.
    (e) Applicants for contracting into the Reserve Officer Training 
Corps (ROTC), and all other Military Services special officer personnel 
procurement programs, including the Military Service Academies.
    (f) All individuals being inducted into the Military Services.


Sec.  66.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purposes of this part.
    Adjudicating authority. Any government official who is empowered to 
make findings or determinations

[[Page 16271]]

concerning an alleged criminal offense (adult and juvenile) and 
establish responsibility for commission of the offense. Examples 
include judges, courts, magistrates, prosecutors, hearing officers, 
military commanders (for Article 15 actions pursuant to 10 U.S.C. 
chapter 47, suspension of dependent privileges, or similar actions), 
probation officers, juvenile referees, and parole officers or boards.
    Adverse adjudication (adult or juvenile).
    (1) A finding, decision, sentence, or judgment by an adjudicating 
authority, against an individual, that was other than unconditionally 
dropped or dismissed or the individual was acquitted is considered 
adverse adjudication. If the adjudicating authority places a condition 
or restraint that leads to dismissal, drops the charges, acquits, or 
the records are later expunged, or the charge is dismissed after a 
certain period of time, the adjudication is still considered adverse. A 
suspension of sentence, not processed, or a dismissal after compliance 
with imposed conditions is also adverse adjudication. This includes 
fines and forfeiture of bond in lieu of trial.
    (2) A conviction for violating any federal law (including 10 U.S.C. 
chapter 47), or any State or municipal law or ordinance) is considered 
an adverse adjudication. For example, a shoplifter is reprimanded and 
required by the on-scene police officer, store security guard, or 
manager to pay for the item before leaving the store but is not 
charged, not found guilty, or is not convicted. In this situation, 
there is no adverse adjudication because no legal proceedings occurred 
and no adjudicating authority was involved.
    Conviction. The act of finding a person guilty of a crime, offense, 
or other violation of the law by an adjudicating authority.
    Dependent.
    (1) A spouse of an applicant for enlistment.
    (2) An unmarried adopted child or an unmarried step-child under the 
age of 18 living with the applicant.
    (3) An unmarried biological child of the applicant under the age of 
18.
    (4) Any person living with the applicant who is, by law or in fact, 
dependent upon the applicant for support, or who is not living with the 
applicant and is dependent upon the applicant for over one-half of his 
or her support.
    Reserve components. Includes the Army National Guard of the United 
States, the Army Reserve, the Navy Reserve, the Marine Corps Reserve, 
the Air National Guard of the United States, the Air Force Reserve, and 
the Coast Guard Reserve.
    Restitution. Any compensation in time, labor, or money for the 
adverse effects of an offense as a result of agreements from judicial 
or prosecutorial involvement. For example, an individual is adversely 
adjudicated for vandalism and is ordered by the adjudicating authority 
to replace or repair the damaged property.
    Service review. A formal review of condition(s) or event(s) that, 
based on Service-specific standards, may make an applicant for 
enlistment ineligible to serve. Once a Service review is complete, the 
Service may grant an exception to policy to allow an individual to 
serve. These standards are subject to change at the discretion of the 
Service.
    Waiver. A formal request to consider the suitability for service of 
an applicant who because of inappropriate conduct, dependency status, 
current or past medical conditions, or drug use may not be qualified to 
serve. Upon the completion of a thorough examination using a ``whole 
person'' review, the applicant may be granted a waiver. The applicant 
must have displayed sufficient mitigating circumstances that clearly 
justify waiver consideration. The Secretaries of the Military 
Departments may delegate the final approval authority for all waivers.


Sec.  66.4  Policy.

    It is DoD policy to:
    (a) Use common entrance qualification standards for enlistment, 
appointment, and induction into the Military Services.
    (b) Avoid inconsistencies and inequities based on ethnicity, 
gender, race, religion, or sexual orientation in the application of 
these standards by the Military Services.
    (c) Judge the suitability of individuals to serve in the Military 
Services on the basis of their adaptability, potential to perform, and 
conduct.


Sec.  66.5  Responsibilities.

    (a) Under the authority, direction, and control of the Under 
Secretary of Defense for Personnel and Readiness (USD(P&R)), the 
Assistant Secretary of Defense for Reserve Affairs (ASD(RA)) acts as an 
advisor to the USD(P&R) on the Reserve enlistment and appointment 
standards.
    (b) Under the authority, direction, and control of the USD(P&R), 
the Assistant Secretary of Defense for Health Affairs (ASD(HA)) acts as 
an advisor to the USD(P&R) on the medical requirements of the standards 
in Sec.  66.6.
    (c) Under the authority, direction, and control of the USD(P&R), 
the Assistant Secretary of Defense for Readiness and Force Management 
(ASD(R&FM)):
    (1) Acts as an advisor to the USD(P&R) on the height and weight 
requirements of the standards in Sec.  66.6.
    (2) Ensures the U.S. Military Entrance Processing Command assists 
the Military Services in implementing the standards in Sec.  66.6 of 
this part.
    (d) The Secretaries of the Military Departments:
    (1) Oversee conformance with this part.
    (2) Recommend suggested changes to this part to the USD(P&R) as 
necessary.
    (3) Establish other Service-specific standards as necessary to 
implement this part.
    (4) Review all standards on an annual basis.
    (5) Establish procedures to grant waivers, accomplish reviews, and 
require individuals to meet the appropriate standards or be granted an 
exception pursuant to 10 U.S.C. 504(a).
    (6) Request approval from the USD(P&R) for generalized exceptions 
to these standards as permitted by law.
    (7) Use the standards in Sec.  66.6 to determine the entrance 
qualifications for all individuals being enlisted, appointed, or 
inducted into any component of the Military Services.


Sec.  66.6  Enlistment, appointment, and induction criteria.

    (a) General eligibility criteria--(1) Entrance considerations. 
Accession of qualified individuals will be a priority when processing 
applicants for the Military Services.
    (2) Eligibility determination. Eligibility will be determined by 
the applicant's ability to meet all requirements of this part, to 
include obtaining waivers. Applicants will not be enlisted, appointed, 
or inducted unless all requirements of this part are met.
    (b) Basic eligibility criteria--(1) Age. (i) To be eligible for 
Regular enlistment, the minimum age for enlistment is 17 years and the 
maximum age is 42 years in accordance with 10 U.S.C. 505. The maximum 
age for a prior service enlistee is determined by adding the 
individual's years of prior service to age 42. The Secretary concerned 
will establish enlistment age standards for the Reserve Components in 
accordance with 10 U.S.C. 12102.
    (ii) Age limitations for appointment as a commissioned or warrant 
officer normally depend on the Military Service concerned. In 
accordance with 10 U.S.C. 532, most persons appointed as commissioned 
officers must be able

[[Page 16272]]

to complete 20 years of active commissioned service before their 62nd 
birthday to receive a Regular commission.
    (iii) In accordance with 10 U.S.C. 12201, a person will be at least 
18 years of age for appointment as a Reserve Officer. The maximum age 
qualification for initial appointment as a Reserve Officer will not be 
less than 47 years of age for individuals in a health profession 
specialty designated by the Secretary concerned as a specialty 
critically needed in wartime.
    (iv) In accordance with 32 U.S.C. 313, to be eligible for original 
enlistment in the National Guard, a person must be at least 17 years of 
age and under 45, or under 64 years of age and a former member of the 
Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. 
To be eligible for reenlistment, a person must be under 64 years of 
age.
    (v) In accordance with 32 U.S.C. 313, to be eligible for 
appointment as an officer of the National Guard, a person must be at 
least 18 years of age and under 64 years of age.
    (2) Citizenship. (i) To be eligible for Regular or Reserve 
enlistment, an individual must meet one of the conditions outlined in 
10 U.S.C. 504(b); however, the Secretary concerned may authorize the 
enlistment of a person not described in this section if the Secretary 
determines that such enlistment is vital to the national interest.
    (ii) To be eligible for appointment as a commissioned officer 
(other than as a commissioned warrant officer) in the Regular Army, 
Regular Navy, Regular Air Force, or Regular Marine Corps, the 
individual must be a citizen of the United States as outlined in 10 
U.S.C. 532. The Secretary of Defense (or the Secretary of Homeland 
Security for the Coast Guard) may waive the requirement of U.S. 
citizenship with respect to a person who has been lawfully admitted to 
the United States for permanent residence, or for a United States 
national otherwise eligible for appointment as a cadet or midshipman in 
accordance with 10 U.S.C. 2107(a), when the Secretary determines that 
the national security so requires, but only for an original appointment 
in a grade below the grade of major or lieutenant commander.
    (iii) To be eligible for appointment as a Reserve Officer in an 
armed force, the individual must be a citizen of the United States or 
lawfully admitted to the United States for permanent residence in 
accordance with 8 U.S.C. 1101 et seq. (also known as the ``Immigration 
and Nationality Act'') or have previously served in the Military 
Services or in the National Security Training Corps as outlined under 
10 U.S.C. 12201.
    (iv) To be eligible for enlistment in the National Guard, a person 
must meet one of the conditions in 10 U.S.C. 504(b); however, the 
Secretary concerned may authorize the enlistment of a person not 
described in this section if the Secretary determines that such 
enlistment is vital to the national interest.
    (v) To become an officer of the Army National Guard of the United 
States or the Air National Guard of the United States, the individual 
must first be appointed to, and be federally recognized in, the same 
grade in the Army National Guard or the Air National Guard. In 
accordance with 10 U.S.C. 12201, the individual must be a citizen of 
the United States or lawfully admitted to the United States for 
permanent residence in accordance with 8 U.S.C. 1101 et seq. or have 
previously served in Military Service or in the National Security 
Training Corps.
    (3) Education. (i) Possession of a high school diploma is 
desirable, although not mandatory, for enlistment in any component of 
the Military Services. 10 U.S.C. 520 states that a person who is not a 
high school graduate may not be accepted for enlistment in the Military 
Services unless the score of that person on the Armed Forces 
Qualification Test (AFQT) is at or above the thirty-first percentile. 
10 U.S.C. 520 also states that a person may not be denied enlistment in 
the Military Services solely because he or she does not have a high 
school diploma if his or her enlistment is needed to meet established 
strength requirements.
    (ii) Bearers of alternative credential (e.g., General Educational 
Development certificates and certificates of attendance) and non-
graduates may be assigned lower enlistment priority based on first-term 
attrition rates for those credentials. DoD Instruction 1145.01, 
``Qualitative Distribution of Military Manpower'' (available at http://www.dtic.mil/whs/directives/corres/pdf/114501p.pdf) identifies the 
authority for establishing the qualitative distribution objectives for 
accessions.
    (iii) Educational requirements for appointment as a commissioned or 
warrant officer are determined by each Military Service. 10 U.S.C. 
12205 establishes education requirements for certain Reserve 
appointments. Generally, and unless excepted under 10 U.S.C. 12205, a 
baccalaureate degree is required for appointment above the grade of 
first lieutenant in the Army, Air Force, and Marine Corps Reserves or 
lieutenant junior grade in the Navy Reserve, or to be federally 
recognized in a grade above the grade of first lieutenant as a member 
of the Army National Guard or Air National Guard. In addition, special 
occupations (e.g., physician or chaplain) may require additional 
vocational credentials as determined by the Secretary concerned.
    (4) Aptitude. (i) Overall aptitude requirements for enlistment and 
induction are based on applicant scores on the AFQT derived from the 
Armed Services Vocational Aptitude Battery. Applicant scores are 
grouped into percentile categories. Persons who score in AFQT Category 
V (percentiles 1-9) are ineligible to enlist. In accordance with 10 
U.S.C. 520, the number of persons who enlist in any Armed Force during 
any fiscal year (i.e., accession cohort) who score in AFQT Category IV 
(percentiles 10-30) may not exceed 20 percent of the total number of 
persons enlisted by Service. DoD Instruction 1145.01 identifies the 
authority for establishing the qualitative distribution objectives for 
accessions.
    (ii) For officers and warrant officers, no single test or 
instrument is used as an aptitude requirement for appointment.
    (5) Medical. (i) In accordance with DoD Instruction 6130.03, 
``Medical Standards for Appointment, Enlistment, or Induction in the 
Military Services'' (available at http://www.dtic.mil/whs/directives/corres/pdf/613003p.pdf), the pre-accession screening process will be 
structured to identify any medical condition, including mental health, 
that disqualifies an applicant for military service.
    (ii) Individuals who fail to meet established medical standards, as 
defined in DoD Instruction 6130.03, may be considered for a medical 
waiver. Each Service's waiver authority for medical conditions will 
make a determination based on all available information regarding the 
issue or condition. Waiver requirements are outlined in Sec.  66.7.
    (6) Physical fitness. (i) In accordance with DoD Instruction 
1308.3, ``DoD Physical Fitness and Body Fat Programs Procedures'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/130803p.pdf), all individuals must meet the pre-accession height and 
weight standards as prescribed in Table 1 of DoD Instruction 1308.3.
    (ii) The Military Services may have additional physical fitness 
screening requirements.
    (7) Dependency status. (i) The Military Services may not enlist 
married individuals with more than two dependents under the age of 18 
or unmarried individuals with custody of

[[Page 16273]]

any dependents under the age of 18; however, the Secretary concerned 
may grant a waiver for particularly promising entrants. Waiver 
requirements are outlined in Sec.  66.7 of this part.
    (ii) The Military Services will specify the circumstances under 
which individuals who have dependents may become commissioned officers 
or warrant officers; variations in policy may be affected by the 
commissioning source (e.g., Service Academies, ROTC, or Officer 
Candidate School).
    (8) Character/conduct. The underlying purpose of these enlistment, 
appointment, and induction standards is to minimize entrance of persons 
who are likely to become disciplinary cases, security risks, or who are 
likely to disrupt good order, morale, and discipline. The Military 
Services are responsible for the defense of the Nation and should not 
be viewed as a source of rehabilitation for those who have not 
subscribed to the legal and moral standards of society at-large. As a 
minimum, an applicant will be considered ineligible if he or she:
    (i) Is under any form of judicial restraint (bond, probation, 
imprisonment, or parole).
    (ii) Has a significant criminal record. 10 U.S.C. 504 prohibits any 
person who has been convicted of a felony from being enlisted in any of 
the Military Services; however, 10 U.S.C. 504 authorizes a waiver in 
meritorious cases. Except as limited by paragraph (b)(8)(iii) of this 
section, persons convicted of felonies may request a waiver to permit 
their enlistment. The waiver procedure is not automatic, and approval 
is based on each individual case. Waiver requirements are outlined in 
Sec.  66.7 of this part.
    (iii) Has a State or federal conviction or a finding of guilty in a 
juvenile adjudication for a felony crime of rape, sexual abuse, sexual 
assault, incest, any other sexual offense, or when the disposition 
requires the person to register as a sex offender. In these cases, the 
enlistment, appointment, or induction will be prohibited and no waivers 
are allowed.
    (iv) Has been previously separated from the Military Services under 
conditions other than honorable or for the good of the Military Service 
concerned.
    (v) Has exhibited antisocial behavior or other traits of character 
that may render the applicant unfit for service.
    (vi) Receives an unfavorable final determination by the DoD 
Consolidated Adjudication Facility on a completed National Agency Check 
with Law and Credit (NACLC) or higher-level investigation, which is 
adjudicated to the National Security Standards in accordance with 
Executive Order 12968, during the accession process.
    (A) An applicant may be accessed (including shipping him or her to 
training or a first duty assignment) provided that a NACLC or higher-
level investigation was submitted and accepted by the investigative 
service provider (OPM) and an advanced fingerprint was conducted, and 
OPM did not identify any disqualifying background information.
    (B) If NACLC adjudication is not completed until after accession, 
any additional disqualifying information identified during the 
adjudication should be transmitted to the appropriate personnel or 
human resource offices, as determined by the Services, for appropriate 
action.
    (9) Drugs and alcohol. A current or history of alcohol dependence, 
drug dependence, alcohol abuse, or other drug abuse is incompatible 
with military life and does not meet military standards in accordance 
with DoD Instruction 6130.03. Pursuant to DoD Instruction 1010.01, 
``Military Personnel Drug Abuse Testing Program (MPDATP)'' (available 
at http://www.dtic.mil/whs/directives/corres/pdf/101001p.pdf), the pre-
accession screening process is structured to identify individuals with 
a history of drug (including pharmaceutical medications, illegal drugs 
and other substances of abuse) and alcohol abuse.
    (i) Drug use (to include illegal drugs, other illicit substances, 
and pharmaceutical medications), drug abuse, and alcohol abuse may be 
self-admitted by an applicant, discovered during the medical screening 
process, or identified by the drug and alcohol test (DAT), which is 
administered at the Military Entrance Processing Stations (MEPS) or 
other approved military processing facility.
    (ii) Current or history of alcohol dependence, drug dependence, 
alcohol abuse, or other drug abuse may be a medically disqualifying 
condition based on the standards in accordance with DoD Instruction 
6130.03. The MEPS Chief Medical Officer, or equivalent, when the 
physical is not performed at MEPS, will make that determination based 
on all of the information available on a case-by-case basis. These 
instances will be treated as a medical disqualification and handled in 
accordance with the guidance provided in paragraphs (b)(5)(i) through 
(b)(5)(ii) of this section.
    (iii) Individuals who test positive for illegal drugs on the DAT, 
which is administered as part of the accession physical, will be 
disqualified. A waiver may be requested. Waiver requirements are 
outlined in Sec.  66.7.
    (iv) Service qualification standards, regarding drugs and alcohol, 
may be more restrictive.


Sec.  66.7  Enlistment waivers.

    (a) Waiver requirements. In accomplishing whole person reviews of 
enlistment eligibility, the following categories and combinations of 
categories would require a favorable waiver determination by the 
Secretary of the Military Department concerned for the applicant to be 
considered qualified.
    (1) Medical waiver. A medical waiver is required for enlistment 
qualification of an applicant who has or may have had a disqualifying 
medical condition in accordance with DoD Instruction 6130.03.
    (2) Dependent waiver. A dependent waiver is required when an 
applicant is married with more than two dependents under the age of 18 
or when an applicant is unmarried and has custody of any dependents 
under the age of 18.
    (3) Conduct waiver. In processing conduct waiver requests, the 
Military Services will require information about the ``who, what, when, 
where, and why'' of the offense in question; and letters of 
recommendation from responsible community leaders, such as school 
officials, clergy, and law enforcement officials, attesting to the 
applicant's character or suitability for enlistment.
    (i) A Conduct Waiver is required when the final finding of the 
courts or other adjudicating authority is a conviction or other adverse 
adjudication of:
    (A) One ``major misconduct'' offense, or;
    (B) Two ``misconduct'' offenses, or;
    (C) A pattern of misconduct.
    (1) One ``misconduct'' offense and four ``non-traffic'' offenses.
    (2) Five or more ``non-traffic'' offenses.
    (ii) Use the Table of this section to determine the appropriate 
level of offense and applicable code. See paragraph (b) of this section 
for additional guidance.
    (4) Drug waiver. A drug waiver is required when an applicant or 
enlistee is confirmed positive for the presence of drugs at the time of 
the original or subsequent physical examination (i.e., tests positive 
on the DAT at a MEPS or equivalent facility). Drug waivers for these 
applicants may be considered and granted or rejected only after the 
disqualification period established in section 6 of Enclosure 7 of DoD 
Instruction 1010.16, ``Technical

[[Page 16274]]

Procedures for the Military Personnel Drug Abuse Testing Program 
(MPDATP)'' (available at http://www.dtic.mil/whs/directives/corres/pdf/101016p.pdf) ends.
    (b) Classifying conduct offenses. The procedures that will be used 
in the classifying and coding of all conduct offenses are:
    (1) Initial classification. Align the offense that is the subject 
of adverse adjudication with an offense from the Table of this section. 
As an exception, any offense classified as a felony under State or 
federal jurisdiction will be treated as a major misconduct offense for 
DoD purposes regardless of where similar charges are listed.
    (2) Non-similar offenses. If unable to find a similar charge, the 
Military Services will:
    (i) Treat the offense as a major misconduct offense if the 
adjudicating authority can impose a maximum period of confinement that 
exceeds 1 year.
    (ii) Treat the offense as a misconduct offense if the adjudicating 
authority can impose a maximum period of confinement that exceeds 6 
months but is not more than 1 year.
    (iii) Treat all other offenses as either other non-traffic offenses 
or traffic offenses, depending on the nature of the offense.
    Table to Sec.  66.7--Conduct Waiver Codes

 
------------------------------------------------------------------------
         Offense code                         Offense title
------------------------------------------------------------------------
                            TRAFFIC OFFENSES
------------------------------------------------------------------------
100...........................  Bicycle ordinance violation.
101...........................  Blocking or retarding traffic.
102...........................  Contempt of court for minor traffic
                                 offenses.
103...........................  Crossing yellow line; driving left of
                                 center.
104...........................  Disobeying traffic lights, signs, or
                                 signals.
105...........................  Driving on shoulder.
106...........................  Driving uninsured vehicle.
107...........................  Driving with blocked vision and/or
                                 tinted window.
108...........................  Driving with expired plates or without
                                 plates.
109...........................  Driving with suspended or revoked
                                 license.
110...........................  Driving without license.
111...........................  Driving without registration or with
                                 improper registration.
112...........................  Driving wrong way on one-way street.
113...........................  Failure to appear for traffic
                                 violations.
114...........................  Failure to comply with officer's
                                 directive.
115...........................  Failure to have vehicle under control.
116...........................  Failure to signal.
117...........................  Failure to stop or yield to pedestrian.
118...........................  Failure to submit report after accident.
119...........................  Failure to yield right-of-way.
120...........................  Faulty equipment such as defective
                                 exhaust, horn, lights, mirror, muffler,
                                 signal device, steering device, tail
                                 pipe, or windshield wipers.
121...........................  Following too closely.
122...........................  Hitchhiking.
123...........................  Improper backing such as backing into
                                 intersection or highway, backing on
                                 expressway, or backing over crosswalk.
124...........................  Improper blowing of horn.
125...........................  Improper passing such as passing on
                                 right, passing in no-passing zone,
                                 passing stopped school bus, or passing
                                 pedestrian in crosswalk.
126...........................  Improper turn.
127...........................  Invalid or unofficial inspection sticker
                                 or failure to display inspection
                                 sticker.
128...........................  Jaywalking.
129...........................  Leaving key in ignition.
130...........................  Leaving scene of accident (when not
                                 considered hit and run).
131...........................  License plates improperly displayed or
                                 not displayed.
132...........................  Operating overloaded vehicle.
133...........................  Racing, dragging, or contest for speed.
134...........................  Reckless, careless, or imprudent driving
                                 (considered a traffic offense when the
                                 fine is less than $300 and there is no
                                 confinement). Court costs are not part
                                 of a fine.
135...........................  Reserved for future use.
136...........................  Seat belt and/or child restraint
                                 violation.
137...........................  Skateboard, roller skate, or inline
                                 skate violation.
138...........................  Speeding.
139...........................  Spilling load on highway.
140...........................  Spinning wheels, improper start,
                                 zigzagging, or weaving in traffic.
141...........................  Violation of noise control ordinance.
142...........................  Other traffic offenses not specifically
                                 listed.
143...........................  Reserved for future use.
144...........................  Reserved for future use.
------------------------------------------------------------------------
                          NON-TRAFFIC OFFENSES
------------------------------------------------------------------------
200...........................  Altered driver's license or
                                 identification.
201...........................  Assault (simple assault with fine or
                                 restitution of $500 or less and no
                                 confinement).
202...........................  Carrying concealed weapon (other than
                                 firearm); possession of brass knuckles.
203...........................  Check, worthless, making or uttering,
                                 with intent to defraud or deceive (less
                                 than $500).

[[Page 16275]]

 
204...........................  Committing a nuisance.
205...........................  Conspiring to commit misdemeanor.
206...........................  Curfew violation.
207...........................  Damaging road signs.
208...........................  Discharging firearm through carelessness
                                 or within municipal limits.
209...........................  Disobeying summons; failure to appear
                                 (other than traffic).
210...........................  Disorderly conduct; creating
                                 disturbance; boisterous conduct.
211...........................  Disturbing the peace.
212...........................  Drinking alcoholic beverages on public
                                 transportation.
213...........................  Drunk in public.
214...........................  Dumping refuse near highway.
215...........................  Failure to appear, contempt of court
                                 (all offenses except felony
                                 proceedings).
216...........................  Failure to appear, contempt of court
                                 (felony proceedings).
217...........................  Failure to stop and render aid after
                                 accident.
218...........................  Fare and/or toll evasion.
219...........................  Harassment, menacing, or stalking.
220...........................  Illegal betting or gambling; operating
                                 illegal handbook, raffle, lottery, or
                                 punchboard; cockfighting.
221...........................  Indecent exposure.
222...........................  Indecent, insulting, or obscene language
                                 communicated directly or by telephone
                                 to another person.
223...........................  Jumping turnstile (to include those
                                 States that adjudicate jumping a
                                 turnstile as petty larceny).
224...........................  Juvenile adjudications such as beyond
                                 parental control, incorrigible,
                                 runaway, truant, or wayward.
225...........................  Killing a domestic animal.
226...........................  Littering.
227...........................  Loitering.
228...........................  Malicious mischief (fine or restitution
                                 of $500 or less and no confinement).
229...........................  Pandering.
230...........................  Poaching.
231...........................  Purchase, possession, or consumption of
                                 alcoholic beverages or tobacco products
                                 by minor.
232...........................  Removing property from public grounds.
233...........................  Removing property under lien.
234...........................  Robbing an orchard.
235...........................  Shooting from highway.
236...........................  Throwing glass or other material in
                                 roadway.
237...........................  Trespass (non-criminal or simple).
238...........................  Unlawful assembly.
239...........................  Unlawful manufacture, sale, possession,
                                 or consumption of liquor in public
                                 place.
240...........................  Unlawful use of long-distance telephone
                                 calling card.
241...........................  Using or wearing unlawful emblem and/or
                                 identification.
242...........................  Vagrancy.
243...........................  Vandalism (fine or restitution of $500
                                 or less and no confinement).
244...........................  Violation of fireworks laws.
245...........................  Violation of fish and game laws.
246...........................  Violation of leash laws.
247...........................  Violation of probation.
248...........................  Other non-traffic offenses not
                                 specifically listed.
249...........................  Reserved for future use.
------------------------------------------------------------------------
                           MISCONDUCT OFFENSES
------------------------------------------------------------------------
300...........................  Aggravated assault, fighting, or battery
                                 (more than $500 fine or restitution or
                                 confinement).
301...........................  Carrying of weapon on school grounds
                                 (other than firearm).
302...........................  Concealment of or failure to report a
                                 felony.
303...........................  Contributing to delinquency of minor.
304...........................  Crimes against the family (non-payment
                                 of court-ordered child support and/or
                                 alimony).
305...........................  Criminal mischief (more than $500 fine
                                 or restitution or confinement).
306...........................  Criminal trespass.
307...........................  Desecration of grave.
308...........................  Domestic battery and/or violence not
                                 considered covered by 18 U.S.C. 922,
                                 referred to in this issuance as the
                                 ``Lautenberg Amendment'').
309...........................  Driving while drugged or intoxicated;
                                 driving while ability impaired;
                                 permitting driving under the influence.
310...........................  Illegal or fraudulent use of a credit
                                 card or bank card (value less than
                                 $500).
311...........................  Larceny or conversion (value less than
                                 $500).
312...........................  Leaving scene of an accident or hit and
                                 run.
313...........................  Looting.
314...........................  Mailbox destruction.
315...........................  Mailing of obscene or indecent matter
                                 (including e-mail).
316...........................  Possession of marijuana or drug
                                 paraphernalia.
317...........................  Prostitution or solicitation for
                                 prostitution.
318...........................  Reckless, careless, or imprudent driving
                                 (considered a misdemeanor when the fine
                                 is $300 or more or when confinement is
                                 imposed; otherwise, considered a minor
                                 traffic offense).
319...........................  Reckless endangerment.
320...........................  Resisting arrest or eluding police.

[[Page 16276]]

 
321...........................  Selling or leasing weapons.
322...........................  Stolen property, knowingly receiving
                                 (value less than $500).
323...........................  Throwing rocks on a highway; throwing
                                 missiles at sporting events; throwing
                                 objects at vehicles.
324...........................  Unauthorized use or taking of a vehicle
                                 or conveyance from family member; joy
                                 riding.
325...........................  Unlawful carrying of firearms or
                                 carrying concealed firearm.
326...........................  Unlawful entry.
327...........................  Use of telephone, Internet, or other
                                 electronic means to abuse, annoy,
                                 harass, threaten, or torment another.
328...........................  Vandalism (more than $500 fine or
                                 restitution or confinement).
329...........................  Willfully discharging firearm so as to
                                 endanger life; shooting in public.
330...........................  Other misconduct offenses not
                                 specifically listed.
331...........................  Reserved for future use.
332...........................  Reserved for future use.
------------------------------------------------------------------------
                        MAJOR MISCONDUCT OFFENSES
------------------------------------------------------------------------
400...........................  Aggravated assault; assault with
                                 dangerous weapon; maiming.
401...........................  Arson.
402...........................  Attempt to commit a felony.
403...........................  Breaking and entering with intent to
                                 commit a felony.
404...........................  Bribery.
405...........................  Burglary.
406...........................  Carjacking.
407...........................  Carnal knowledge of a child.
408...........................  Carrying of weapon on school grounds
                                 (firearm).
409...........................  Check, worthless, making or uttering,
                                 with intent to defraud or deceive (over
                                 $500).
410...........................  Child abuse.
411...........................  Child pornography.
412...........................  Conspiring to commit a felony.
413...........................  Criminal libel.
414...........................  Domestic battery and/or violence as
                                 defined in the Lautenberg Amendment.
                                 (Waiver not authorized if applicant was
                                 convicted of this offense.)
415...........................  Embezzlement.
416...........................  Extortion.
417...........................  Forgery, knowingly uttering or passing
                                 forged instrument (except for altered
                                 identification cards).
418...........................  Grand larceny or larceny (value of $500
                                 or more).
419...........................  Grand theft auto.
420...........................  Hate crimes.
421...........................  Illegal and/or fraudulent use of a
                                 credit card, bank card, or automated
                                 card (value of $500 or more).
422...........................  Indecent acts or liberties with a child;
                                 molestation.
423...........................  Indecent assault.
424...........................  Kidnapping or abduction.
425...........................  Mail matter; abstracting, destroying,
                                 obstructing, opening, secreting,
                                 stealing, or taking (not including the
                                 destruction of mailboxes).
426...........................  Manslaughter.
427...........................  Murder.
428...........................  Narcotics or habit-forming drugs,
                                 wrongful possession or use (not
                                 including marijuana).
429...........................  Negligent or vehicular homicide.
430...........................  Perjury or subornation of perjury.
431...........................  Possession or intent to use materials in
                                 a manner to make a bomb or explosive
                                 device to cause bodily harm or
                                 destruction of property.
432...........................  Public record; altering, concealing,
                                 destroying, mutilating, obligation, or
                                 removing.
433...........................  Rape, sexual abuse, sexual assault,
                                 criminal sexual abuse, incest, or other
                                 sex crimes. (See paragraph (b)(8)(iii)
                                 of Sec.   66.6 of this part; waivers
                                 for these offenses are not authorized.)
434...........................  Riot.
435...........................  Robbery (including armed).
436...........................  Sale, distribution, or trafficking of
                                 cannabis (marijuana) or any other
                                 controlled substance (including
                                 intent).
437...........................  Sodomy (only when it is nonconsensual or
                                 involves a minor).
438...........................  Stolen property, knowingly received
                                 (value of $500 or more).
439...........................  Terrorist threats (including bomb
                                 threats).
440...........................  Violation of civil rights.
441...........................  Other major misconduct offenses not
                                 specifically listed.
442...........................  Reserved for future use.
443...........................  Reserved for future use.
------------------------------------------------------------------------



[[Page 16277]]

    Dated: March 23, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-06909 Filed 3-26-15; 8:45 am]
 BILLING CODE 5001-06-P