30212 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

beginning in the fifth line, the sentence 

‘‘Because the costs per entity of this rule 

are small, the agency certifies that the 

final rule will not have a significant 

economic impact on a substantial 

number of small entities.’’ is corrected 

to read ‘‘Because the costs per entity of 

this rule are small, the agency believes 

that the final rule will not have a 

significant economic impact on a 

substantial number of small entities.’’ 

Dated: June 19, 2009. 

Jeffrey Shuren, 

Associate Commissioner for Policy and 

Planning. 

[FR Doc. E9–14981 Filed 6–24–09; 8:45 am] 

BILLING CODE 4160–01–S 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4001, 4901, and 4902 

[Docket No. FR Doc E9–13323] 

Disclosure and Amendment of 

Records Pertaining to Individuals 

Under the Privacy Act 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule; correction. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (PBGC) is correcting a final 

rule that appeared in the Federal 

Register of June 8, 2009 (74 FR 27080). 

The document amends PBGC’s 

regulation on Disclosure and 

Amendment of Records Pertaining to 

Individuals Under the Privacy Act. 

DATES: Effective July 8, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Margaret E. Drake, Attorney, Office of 

the General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026; 202– 

326–4400 (extension 3228). TTY/TDD 

users may call the Federal relay service 

toll-free at 1–800–877–8339 and ask to 

be connected to 202–326–4400 

(extension 3228). 

SUPPLEMENTARY INFORMATION: In FR Doc. 

E9–13323 published on June 8, 2009 (74 

FR 27080) the following corrections are 

made: 

1. On page 27081, in the first column, 

in the preamble text under the heading 

Regulatory Changes, the last sentence of 

the first paragraph is corrected to read 

as follows: ‘‘PBGC received no 

comments on the proposed rule and the 

final regulation is unchanged from the 

proposed regulation, except that under 

the final regulation, an appeal from a 

denial of a request for amendment of a 

record maintained by the Office of the 

General Counsel will be handled by the 

Director or the Director’s designee. 

2. On page 27081, in the first column, 

in the preamble text under the heading 

Regulatory Changes, the last sentence of 

the third paragraph is corrected to read 

as follows: ‘‘PBGC also is replacing all 

references to the term ‘‘Deputy 

Executive Director’’ in part 4902 with 

the term ‘‘Director or Director’s 

designee’’. 

§ 4902.7 [Corrected] 

■ 3. On page 27082, in the first column, 

in PART 4902—DISCLOSURE AND 

AMENDMENT OF RECORDS 

PERTAINING TO INDIVIDUALS 

UNDER THE PRIVACY ACT, 

amendment 12 is corrected to read as 

follows: 

■ ‘‘12. Section 4902.7 is amended: 

■ a. In paragraph (a), by removing the 

words ‘‘Deputy Executive Director’’ and 

adding in their place ‘‘Director or 

Director’s designee’’; and 

■ b. In paragraph (b) by removing the 

words ‘‘the Executive Director’’ and 

adding in their place ‘‘the Director’’, and 

by removing the words ‘‘Deputy 

Executive Director’’ wherever they 

appear, and adding in their place 

‘‘Director or Director’s designee’’.’’ 

Issued in Washington, DC, this 22nd day 

of June 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–14975 Filed 6–24–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2009–OS–0021; RIN 0790–AI43] 

32 CFR Part 65 

Post-9/11 GI Bill 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness/ 

Office of the Deputy Under Secretary of 

Defense for Military Personnel Policy, 

DoD. 

ACTION: Interim final rule. 

SUMMARY: This part establishes policy, 

assigns responsibilities, and prescribes 

procedures for carrying out the Post-9/ 

11 GI Bill. It establishes policy for the 

use of supplemental educational 

assistance ‘‘kickers’’, for members with 

critical skills or specialties, or for 

members serving additional service; for 

authorizing the transferability of 

education benefits; and for the DoD 

Education Benefits Fund Board of 

Actuaries. 

The prompt implementation of the 

Interim Final Rule is of critical 

importance. It will procedurally close 

existing gaps in the implementation of 

the Post-9/11 Veterans Educational 

Assistance Act of 2008, title V, Public 

Law 110–252 (the ‘‘Post-9/11 GI Bill’’), 

and ensure that key benefits provided 

for in the Post-9/11 GI Bill become 

available to military personnel by the 

date mandated by Congress. 

Because of the complexity of 

implementing this provision throughout 

the Department of Defense, which will 

require each military branch to 

communicate its own administrative 

procedures to the military members for 

transferring their educational benefits, 

the need for overarching policy 

guidance is critical. In addition, 

Department of Defense policy is 

required to support the companion 

implementing rules from the 

Department of Veterans Affairs, which 

are already in place. 

The Administration has expressed 

considerable interest in making this 

valuable benefit available to military 

personnel as quickly as possible. With 

a new academic year beginning in this 

autumn, it is critical that the 

Department of Defense begin 

immediately the complicated task of 

implementing administrative 

procedures and informing the military 

community about this program. 

Implementing this policy through an 

Interim Final Rule will make this 

possible. 

DATES: This rule is effective June 25, 

2009. Comments must be received by 

July 27, 2009. 

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, 1160 Defense Pentagon, 

OSD Mailroom 3C843, Washington, DC 

20301–1160. 

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: 

Robert Clark, (703) 697–9267. 


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SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

65 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 this Executive Order. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

65 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

65 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. 

Public Law 96–511, ‘‘Paperwork 

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

It has been certified that 32 CFR part 

65 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

65 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 65 

Armed forces, Education. 

■ Accordingly 32 CFR part 65 is added 

to read as follows: 

PART 65—POST-9/11 GI BILL 

Sec. 

65.1 Purpose. 

65.2 Applicability. 

65.3 Definitions. 

65.4 Policy. 

65.5 Responsibilities. 

65.6 Procedures. 

65.7 Eligibility. 

65.8 Reporting requirements. 

Appendix to 32 CFR Part 65—Additional 

Reporting Requirements 

Authority: 38 U.S.C., chapter 33 

§ 65.1 Purpose. 

This part: 

(a) Establishes policy, assigns 

responsibilities, and prescribes 

procedures under chapter 33 of title 38, 

United States Code (U.S.C.) for carrying 

out the Post-9/11 GI Bill. 

(b) Establishes policy for the use of 

supplemental educational assistance 

(hereafter referred to as ‘‘kickers’’) for 

members with critical skills or 

specialties, or for members serving 

additional service under section 3316 of 

title 38, U.S.C. 

(c) Establishes policy for authorizing 

the transferability of education benefits 

(TEB) in accordance with section 3319 

of title 38, U.S.C. 

(d) Assigns responsibility to the 

Department of Defense Board of 

Actuaries to review valuations of the 

Department of Defense Education 

Benefits Fund in accordance with 

sections 183 and 2006 of title 10, U.S.C. 

§ 65.2 Applicability. 

(a) This part applies to the 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 (DHS) by agreement with the 

Department). 

(b) The term ‘‘Military Services,’’ as 

used herein, refers to the Army, the 

Navy, the Air Force, the Marine Corps, 

and the Coast Guard. 

§ 65.3 Definitions. 

Active Duty. Defined in section 

101(21)(A) of title 38, U.S.C. for 

Members of the regular components of 

the Armed Forces. Defined in section 

688, 12301(a), 12301(d), 12301(g), 

12302, or 12304 of title 10, U.S.C. for 

Members of the Reserve Components of 

the Armed Forces. 

EATP. The Educational Assistance for 

Persons Enlisting for Active Duty 

program, chapter 106A (formerly 107) of 

title 10, U.S.C. 

Entry Level and Skill Training. (1) In 

the case of members of the Army, Basic 

Combat Training and Advanced 

Individual Training, which includes 

members attending One Station Unit 

Training (OSUT). 

(2) In the case of members of the 

Navy, Recruit Training (or Boot Camp) 

and Skill Training (or so-called ‘A’ 

School). 

(3) In the case of members of the Air 

Force, Basic Military Training and 

Technical Training. 

(4) In the case of members of the 

Marine Corps, Recruit Training and 

Marine Corps Training (or School of 

Infantry Training). 

(5) In the case of members of the Coast 

Guard, Basic Training. 

Family Member. For the purpose of 

this part, a spouse or child enrolled in 

the Defense Enrollment Eligibility 

Reporting System (DEERS). 

Kickers. Supplemental educational 

assistance paid to an eligible Service 

member besides the basic educational 

assistance, because of the individual’s 

qualifying service, as in section 3316 of 

title 38, U.S.C. 

Institution of Higher Learning (IHL). A 

training institution as defined in section 

3452(f) of title 38, U.S.C., and approved 

for purposes of chapter 30 of title 38, 

U.S.C., (including approval by the State 

approving agency concerned). 

Member of the Armed Forces. For the 

purposes of this part, those individuals 

on active duty or in the Selected 

Reserve. Does not include other 

members of the Ready Reserve (such as 

the Individual Ready Reserve, standby 

Reserve, or retired members of the 

Armed Forces.) 

MGIB. The All-Volunteer Force 

Education Assistance Program, Chapter 

30 of title 38, U.S.C. 

MGIB–SR. The Educational Assistance 

for Members of the Selected Reserve 

program, Chapter 1606 of title 10, U.S.C. 

Post-9/11 GI Bill. The Post-9/11 

Educational Assistance Program, 

Chapter 33 of title 38, U.S.C. 

REAP. The Reserve Educational 

Assistance Program, Chapter 1607 of 

title 10, U.S.C. 

Secretary of the Military Department 

concerned. For a member of the Army, 

the Navy, the Air Force, the Marine 

Corps, and the Coast Guard when it is 

operating as a Service of the Department 

of the Navy, the term means the 

Secretary of the Military Department 

with jurisdiction over that Service 

member. For a member of the Coast 

Guard, when the Coast Guard is 

operating as a Service of the DHS, the 

term means, ‘‘the Secretary of Homeland 

Security has jurisdiction over that 

Service member.’’ 

§ 65.4 Policy. 

It is DoD policy: 

(a) That ‘‘kickers’’ may be authorized 

to assist in the recruitment and 


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retention of individuals into skills or 

specialties in which there are critical 

shortages or for which it is difficult to 

recruit, or in the case of units, retain 

personnel. 

(b) That transferability of unused 

educational benefits be used by the 

Military Services to promote 

recruitment and retention. 

(c) That the Secretary of Defense may 

limit the months of the entitlement that 

may be transferred to no less than 18 

months, as specified in section 3319 of 

title 38, U.S.C., if needed to manage 

force structure and force shaping. 

§ 65.5 Responsibilities. 

(a) The Deputy Under Secretary of 

Defense for Military Personnel Policy 

(DUSD(MPP)), under the authority, 

direction, and control of the Under 

Secretary of Defense for Personnel and 

Readiness, shall: 

(1) Develop procedures to implement 

policy for the Post-9/11 GI Bill 

authorized by chapter 33 of title 38, 

U.S.C. 

(2) Coordinate administrative 

procedures with the Department of 

Veterans Affairs (DVA), as applicable. 

(3) Review and approve each Military 

Department plan to use supplemental 

assistance under the provisions of 

section 3316 of title 38, U.S.C. 

(4) Establish the standard data 

elements needed to administer the Post9/11 GI Bill Program.(see Appendix A to 

this part). 

(b) The Under Secretary of Defense 

(Comptroller)/Chief Financial Officer 

(USD(C/CFO)) shall: 

(1) Provide guidance on budgeting, 

accounting, and funding for the 

educational benefits program in support 

of policies established in § 65.6(b) of 

this part, and for investing the available 

DoD Education Benefits Fund balance. 

(2) In coordination with the DUSD 

(MPP), review and approve the Military 

Department budget estimates for the 

supplemental payments under the 

provisions of section 3316 of title 38, 

U.S.C. 

(c) The Secretaries of the Military 

Departments shall: 

(1) Provide regulations, policy 

implementation guidance, and 

instructions governing the 

administration of the GI Bill program 

established under chapter 33 of title 38, 

U.S.C. consistent with this DTM and 

other guidance issued by the 

DUSD(MPP) and USD(C)/CFO 

consistent with the needs of the Military 

Services. Regulations must include 

Service implementation of kickers and 

the transfer of unused educational 

benefits as established in section 3319 

of title 38, U.S.C., as outlined in § 65.6 

of this part. 

(2) Ensure that all eligible active duty 

members and members of the Reserve 

Components are aware that they are 

eligible for educational assistance under 

the Post-9/11 GI Bill program upon 

serving the required active duty time as 

established in Chapter 33 of title 38, 

U.S.C. 

(3) Advise all officers without earlier 

established eligibility, following 

commissioning through Service 

Academies, with the exception the U.S. 

Coast Guard Academy, or Reserve 

Officer Training Corps (ROTC) 

Scholarship Programs, that their 

eligibility for benefits does not begin 

until they have completed their 

statutory obligated active duty service. 

Any active duty service after that 

obligated period of service may qualify 

and entitle the Service member to 

accrue active duty service for the Post9/11 GI Bill eligibility. 

(4) Ensure that Service members 

participating in the student loan 

repayment program under chapter 109 

of title 10, U.S.C., receive counseling on 

qualification for the Post-9/11 GI Bill 

program and understand that their 

service commitment due to such 

participation does not count as 

qualifying active duty service. Any 

service after that obligated period of 

service may qualify and entitle the 

Service member to accrue active duty 

service for Post-9/11 GI Bill eligibility. 

(5) Determine the need for 

Supplemental Educational Assistance 

(Kickers) for recruitment and retention 

of individuals with special skills under 

section 3316 of title 38, U.S.C., and 

submit plans to the DUSD(MPP) for 

approval. That submission shall include 

justification for providing benefits to 

those skills, identification of skills for 

which benefits shall be offered, other 

special incentives offered in those skills, 

estimated number of participants, costs, 

and eligibility requirements. 

(6) Budget for and transfer funds to 

support the Supplemental Educational 

Assistance (Kickers), in accordance with 

§ 65.6 of this part and guidance issued 

by the USD(C)/CFO. 

(7) Provide active duty participants 

and members of the Reserve 

Components with qualifying active duty 

service individual pre-separation or 

release from active duty counseling on 

the benefits under the Post-9/11 GI Bill 

and document accordingly. 

(8) Maintain records for individuals 

who participate in supplemental 

educational assistance programs under 

section 3316 of title 38, U.S.C. Ensure 

that records on that participation are 

provided to the Defense Manpower Data 

Center (DMDC) and the DVA. 

(9) Use DoD standard data elements 

and codes established by DoD 

Instruction 1336.5 (available at http:// 

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

133605p.pdf) and DoD Instruction 

7730.54 (available at http:// 

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

773054p.pdf) and listed in Table 1 of 

Appendix A to this part, when 

specified. A Military Service failing to 

comply either with the coding 

instructions or with codes registered in 

the DoD Data Element Program shall be 

responsible for the conversion costs in 

accomplishing data interchange. 

§ 65.6 Procedures. 

(a) General—(1) Eligibility. The 

Department of Veterans Affairs is 

responsible for determining eligibility 

for education benefits under the GI Bill. 

Generally, to be eligible for the GI Bill, 

individuals must serve on active duty 

on or after September 11, 2001, for at 

least 30 continuous days with a 

discharge due to a service-connected 

disability; or an aggregate period 

ranging from 90 days to 36 months or 

more. See § 65.7 of this part for specific 

requirements. 

(2) Educational Assistance Benefits. 

(i) Benefits under the GI Bill are based 

on a percentage, as determined by a 

Service Member’s aggregate length of 

active duty service. 

(A) Amount of tuition and fees 

charged, not to exceed the most 

expensive in-State undergraduate 

tuition and fees at a public institution 

of higher learning (tuition and fees paid 

directly to the school); 

(B) Monthly stipend equal to the basic 

allowance for housing (BAH) amount 

payable to a military E–5 with 

dependents, in the same ZIP code as the 

school that the student is attending 

(paid to the individual); 

(C) Yearly books and supplies stipend 

of up to $1000 per year (paid to the 

individual on a quarter, semester, or 

term basis, as appropriate); and 

(D) A one-time payment of $500 may 

be payable to certain individuals 

relocating from highly rural areas (paid 

to the individual). 

(ii) ‘‘Kickers’’, for those who are 

eligible, will be paid to the individual 

in conjunction with, and only when 

receiving, the monthly stipend. 

(iii) The monthly stipend and the 

books and supplies stipend are not 

payable to individuals on active duty. 

(iv) The monthly stipend allowance is 

not payable for those pursuing 

education and/or training at half time or 

less or to some individuals taking 

distance learning. Individuals enrolled 


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at half time or less are eligible for an 

appropriately reduced stipend for books 

and supplies. The DVA will determine 

under what, if any, circumstances an 

individual will be eligible for the 

monthly stipend while undertaking 

distance learning. 

(v) Post-9/11 GI Bill benefits are 

subject to change based on legislative 

changes. The benefits are different for 

educational programs pursued on a fulltime basis or at an applicable reduced 

rate determined by the Secretary of 

Veterans Affairs for less than full-time 

enrollment. 

(vi) Post-9/11 GI Bill benefits may be 

used for an approved program of 

education offered by an Institution of 

Higher Learning (IHL) This includes 

graduate and undergraduate training, 

and some vocational/technical training 

programs. DVA is the final authority on 

program eligibility. 

(vii) Individuals may receive tutorial 

assistance (up to $100 per month, not to 

exceed a total of $1,200) and 

reimbursement of one licensing and 

certification test (not to exceed a total of 

$2,000). 

(viii) Additionally, individuals who 

were eligible for MGIB, MGIB–SR, or 

REAP, and elect to use benefits under 

the GI Bill will be eligible to receive 

benefits for programs approved under 

those provisions but not offered by 

IHLs, such as on-the-job training, 

apprenticeship training, correspondence 

courses, flight training, preparatory 

courses, and national exams at the 

benefit rate for MGIB, MGIB–SR, or 

REAP, as appropriate. 

(3) Benefits for Individuals Pursuing 

Education on Active Duty. Educational 

assistance is payable under the Post-9/ 

11 GI Bill Program for pursuit of an 

approved program of education while 

on active duty. 

(i) The amount of educational 

assistance payable shall be the lesser of 

the amount of assistance authorized in 

the manner specified under section 

3014(b)(1) of title 38, U.S.C., or the 

established institutional charges for 

tuition and fees required in similar 

circumstances of non-veterans enrolled 

in the same program. 

(ii) Concurrent Use of Post-9/11 GI 

Bill and Tuition Assistance (commonly 

called ‘‘Top Up’’). In accordance with 

section 3313(e) of title 38, U.S.C., a 

Service member entitled to basic 

educational assistance who is pursuing 

education or training described in 

subsection (a) or (c) of section 2007 of 

title 10, U.S.C., may use, at their 

discretion, Post-9/11 GI Bill benefits to 

meet all or a portion of the charges of 

the educational institution for the 

education or training that are not paid 

by the Secretary of the Military 

Department concerned under such 

subsection. DVA shall administer fully 

that portion of the Post-9/11 GI Bill 

Program. 

(4) Time Limitation. As a general rule, 

eligible individual entitlements expire 

at the end of a 15-year period beginning 

on the Service member’s last date of 

discharge or release from active duty of 

at least 90 consecutive days (30 days if 

released or discharged for serviceconnected disability). The Secretary of 

the Military Department concerned shall 

determine the last date of discharge or 

release, if such date cannot be 

determined clearly from the Service 

member’s records. 

(5) Issues for Members with 

Entitlement to Existing Education 

Programs—(i) Members Eligible for 

Existing Programs. An individual may 

elect to receive educational assistance 

under chapter 33 of title 38, U.S.C., if 

such individual, as of August 1, 2009, 

(A) Is entitled to basic educational 

assistance under MGIB, and has used, 

but retains unused, entitlement under 

chapter 30 of title 38, U.S.C.; 

(B) Is entitled to educational 

assistance under EATP, MGIB–SR, or 

REAP, and has used, but retains unused, 

entitlement under the applicable 

program; 

(C) Is entitled to basic educational 

assistance under MGIB, but has not used 

any entitlement under chapter 30 of title 

38, U.S.C.; 

(D) Is entitled to educational 

assistance under EATP, MGIB–SR, or 

REAP, but has not used any entitlement 

under such program; 

(E) Is a member of the Armed Forces 

who is eligible for receipt of basic 

educational assistance under MGIB, and 

is making contributions toward such 

assistance under sections 3011(b) or 

3012(c) of title 38, U.S.C.; or 

(F) Is a member of the Armed Forces 

who is not entitled to basic educational 

assistance under MGIB, by reason of an 

election under sections 3011(c)(1) or 

3012(d)(1) of title 38, U.S.C.; and 

(G) As of the date of the individual’s 

election under paragraph (a)(5)(i)), 

meets the requirements for entitlement 

to educational assistance under chapter 

33 of title 38, U.S.C. 

(ii) Election Process. The method and 

process of making such election will be 

determined by DVA. 

(iii) Irrevocability of Election. An 

election made under paragraph (a)(5(i)) 

of this section is irrevocable. 

(iv) An individual entitled to 

educational assistance under the Post-9/ 

11 GI Bill who is also eligible for 

educational assistance under the MGIB 

(chapters 30, 31, 32, or 35 of title 38, 

U.S.C.), EATP (chapter 106A of title 10, 

U.S.C.), MGIB–SR (chapter 1606 of title 

10, U.S.C.), REAP (chapter 1607 of title 

10, U.S.C.), or the provisions of the 

Hostage Relief Act of 1980 (section 5561 

note of title 5, U.S.C.) may not receive 

assistance under two or more such 

programs concurrently, but shall elect 

(in such form and manner as the 

Secretary of Veterans Affairs may 

prescribe) under which chapter or 

provisions to receive educational 

assistance. 

(v) Cessation of Pay Reduction Under 

Montgomery GI Bill. Effective as of the 

first month beginning on or after the 

date of an election under paragraph 

(a)(5(i)) of this section, an individual 

having their pay reduced under the 

provisions of sections 3011(b) or 3012(c) 

of title 38, U.S.C., as applicable, shall 

have that pay reduction ceased, and the 

requirements of such section shall be 

deemed no longer applicable to the 

individual. 

(vi) Refund of Pay Reduction Under 

Montgomery GI Bill. An individual who 

is described in paragraph (a)(5(i)) of this 

section, whose pay was reduced under 

the provisions of sections 3011(b) or 

3012(c) of title 38, U.S.C., will receive 

a refund of that pay reduction subject to 

the following: 

(A) A full refund for an individual 

who used no months of benefit under 

the MGIB. 

(B) A refund reduced by a proportion 

calculated by the number of months of 

MGIB benefits remaining at the time of 

election divided by 36. 

(C) The refund will be added to the 

monthly stipend allowance paid in the 

last month of eligibility under the Post9/11 GI Bill. Individuals who do not 

exhaust entitlement under the Post-9/11 

GI Bill will not receive a refund of the 

pay reduction. 

(vii) Treatment of Certain 

Contributions Under MGIB and REAP 

(commonly called ‘‘Buy-Up’’). (A) There 

is no provision to allow for increasing 

the amount allowed for Post-9/11 GI Bill 

benefits based on any contributions 

made by an individual under the 

provisions of section 3015(g) of title 38, 

U.S.C. 

(B) There is no provision to allow for 

increasing the amount allowed for Post9/11 GI Bill benefits based on any 

contributions made by an individual 

under the provisions of section 16162(f) 

of title 10, U.S.C. 

(viii) Limitation on Entitlement for 

Certain Individuals. In the case of an 

individual eligible for MGIB who has 

used but retains unused entitlement, 

making an election to receive benefits 

under the Post-9/11 GI Bill, the number 

of months of entitlement of the 


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30216 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

individual to educational assistance 

under the Post-9/11 GI Bill shall be the 

number of months equal to the number 

of months of unused entitlement of the 

individual under MGIB as of the date of 

the election. 

(ix) Additional Educational and 

Training Availability. In addition to the 

educational benefits as described in 

paragraph (a)(2)(vi) of this section, 

individuals who were eligible for 

benefits under MGIB, MGIB–SR, or 

REAP, and elect to use benefits under 

the GI Bill, will be eligible to receive 

benefits for on-the-job training, 

apprenticeship training, correspondence 

courses, flight training, preparatory 

courses, and national exams at the 

benefit rate for MGIB, MGIB–S, or 

REAP, as approriate. 

(x) Treatment of Existing 

Supplemental Educational Benefits 

(Kickers). Individuals eligible for kickers 

under either MGIB or MGIB–SR will 

remain eligible for such increased 

educational assistance. The payments 

shall be based upon the applicable 

monthly rate for the kickers. Payments 

shall be lump sum and made on a 

quarter, semester, or term basis as 

determined by the Secretary of Veterans 

Affairs. 

(b) Supplemental Educational 

Assistance (‘‘Kickers’’)—(1) Enlistment 

Kickers. (i) The Secretaries of the 

Military Departments may offer an 

increase to the monthly amount of 

educational assistance otherwise 

payable to the individual under 

paragraph (1)(B) of section 3313(c) of 

title 38, U.S.C., or under paragraphs (2) 

through (7) of such section 3313(c) of 

title 38, U.S.C. (as applicable), for 

members who initially enlist in a 

regular component in a skill or specialty 

in which there is a critical shortage of 

personnel or for which it is difficult to 

recruit. These increases in the monthly 

amount are known as enlistment 

kickers. 

(ii) The use of enlistment kickers 

should be based on the criticality of the 

skill and/or the length of enlistment 

commitment and may be offered in 

amounts from $150 per month to $950 

per month in increments of $100. 

Reporting codes for enlistment kickers 

are listed in Appendix A to this part. 

(2) Affiliation Kickers. (i) The 

Secretaries of the Military Departments 

may offer an increase to the monthly 

amount of educational assistance 

otherwise payable to the individual 

under paragraph (1)(B) of section 

3313(c) of title 38, U.S.C., or under 

paragraphs (2) through (7) of such 

section 3313(c) of title 38, U.S.C. (as 

applicable), to a member who is 

separating honorably from a regular 

component and who agrees to serve in 

the Selected Reserve in a skill, specialty, 

or unit in which there is a critical 

shortage of personnel or for which it is 

difficult to recruit and/or retain. 

(ii) The use of affiliation kickers 

should be based on the criticality of the 

skill and/or unit and the length of 

Selected Reserve commitment, and may 

be offered in amounts from $150 per 

month to $950 per month in increments 

of $100. If an individual is already 

eligible for an enlistment kicker, the 

amount of the Affiliation Kicker is 

limited to the amount that would take 

the total to $950. For those individuals 

who are offered an Affiliation Kicker on 

top of an Enlistment Kicker, the 

increases will be in $100 increments. 

Reporting codes for Affiliation Kickers 

are the same as the codes for Enlistment 

Kickers listed in Appendix A to this 

part. 

(3) Reenlistment Kickers. (i) The 

Secretaries of the Military Departments 

may offer an increase to the monthly 

amount of educational assistance 

otherwise payable to the individual 

under paragraph (1)(B) of section 

3313(c) of title 38, U.S.C., or under 

paragraphs (2) through (7) of such 

section 3313.(c) of title 38, U.S.C. (as 

applicable), to a member who, after 

completing the initial term of service, 

elects to remain on active duty for a 

period of at least 2 years. 

(ii) The use of reenlistment kickers 

should be based on the criticality of the 

skill and may be offered in amounts 

from $100 per month to $300 per month 

in increments of $100, based on length 

of additional service. Reporting codes 

for reenlistment kickers are listed in 

Appendix A to this part. 

(4) Limitations. Since kickers are paid 

in conjunction with the monthly 

stipend paid under section (1)(B)(i) of 

section 3313(c) of title 38, U.S.C., 

members eligible for kickers should be 

aware of the limitations on payment. 

(i) No payment will be provided for 

education pursued on half-time basis or 

less. 

(ii) No payment will be provided for 

education/training pursued solely 

through distance learning. 

(iii) No payment will be provided for 

use while serving on active duty. 

(c) Transferability of Unused 

Education Benefits to Family Members. 

Subject to the provisions of this section, 

the Secretaries of the Military 

Departments, to promote recruitment 

and retention of members of the Armed 

Forces, may permit an individual 

described in paragraph (c)(1) of this 

section, who is entitled to educational 

assistance under this Post-9/11 GI Bill to 

elect to transfer to one or more of the 

family members specified, all or a 

portion of such individual’s entitlement 

to such assistance. 

(1) Eligible Individuals. Any member 

of the Armed Forces on or after August 

1, 2009 who, at the time of the approval 

of the individual’s request to transfer 

entitlement to educational assistance 

under this section, is eligible for the 

Post-9/11 GI Bill, and 

(i) Has at least 6 years of service in the 

Armed Forces (active duty and/or 

Selected Reserve) on the date of election 

and agrees to serve 4 additional years in 

the Armed Forces from the date of 

election, or 

(ii) Has at least 10 years of service in 

the Armed Forces (active duty and/or 

Selected Reserve) on the date of election 

and either standard policy (Service or 

DoD) or statute preclude the Service 

member from committing to 4 

additional years and agrees to serve for 

the maximum amount of time allowed 

by such policy or statute, or 

(iii) Is or becomes retirement eligible 

during the period from August 1, 2009, 

through August 1, 2013, and agrees to 

serve the additional period, if any, 

specified in paragraphs (c)(1)(iii)(A) 

through (c)(1)(iii)(E) of this section. A 

Service Member is considered to be 

retirement eligible if he or she has 

completed 20 years of active Federal 

service or 20 qualifying years as 

computed under section 12732 of title 

10, U.S.C. 

(A) For those individuals eligible for 

retirement on August 1, 2009, no 

additional service is required. 

(B) For those individuals who have an 

approved retirement date after August 1, 

2009, and before July 1, 2010, no 

additional service is required. 

(C) For those individuals eligible for 

retirement after August 1, 2009, and 

before August 1, 2010, 1 year of 

additional service is required. 

(D) For those individuals eligible for 

retirement on or after August 1, 2010 

and before August 1, 2011, 2 years of 

additional service is required. 

(E) For those individuals eligible for 

retirement on or after August 1, 2011, 

and before August 1, 2012, 3 years of 

additional service is required. 

(2) Eligible Family Members. (i) An 

individual approved to transfer an 

entitlement to educational assistance 

under this section may transfer the 

individual’s entitlement to: 

(A) The individual’s spouse. 

(B) One or more of the individual’s 

children. 

(C) A combination of the individuals 

referred to in paragraphs (c)(2)(i)(A) and 

(c)(2)(i)(B) of this section. 

(ii) A family member must be enrolled 

in the Defense Eligibility Enrollment 


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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 30217 

Reporting System (DEERS) and be 

eligible for benefits, at the time of 

transfer to receive transferred 

educational benefits. 

(iii) A child’s subsequent marriage 

will not affect his or her eligibility to 

receive the educational benefit; 

however, after an individual has 

designated a child as a transferee under 

this section, the individual retains the 

right to revoke or modify the transfer at 

any time. 

(iv) A subsequent divorce will not 

affect the transferee’s eligibility to 

receive educational benefits; however, 

after an individual has designated a 

spouse as a transferee under this 

section, the eligible individual retains 

the right to revoke or modify the transfer 

at any time. 

(3) Months of Transfer. Months 

transferred must be in whole months. 

The Secretary of Defense may limit the 

months of entitlement that may be 

transferred to no less than 18 months. 

The number of months of benefits 

transferred by an individual under this 

section may not exceed the lesser of: 

(i) The months of unused benefits 

available under the Post-9/11 GI Bill, 

(ii) 36 months, or 

(iii) the number of months specified 

by the Secretary of Defense. 

(4) Transferee Usage. Dependent use 

of transferred educational benefits is 

subject to the following: 

(i) A spouse: 

(A) May start to use the benefit only 

after the individual making the transfer 

has completed at least 6 years of service 

in the Armed Forces. 

(B) May use the benefit while the 

member remains in the Armed Forces or 

after separation from active duty after 

completing the additional service 

required to transfer the educational 

assistance under the Post-9/11 GI Bill 

referred to in paragraph (c)(1) of this 

section. 

(C) Is subject to the same 15-year 

limitation as the member as stipulated 

in paragraph (a)(4) of this section. 

(ii) A child: 

(A) May start to use the benefit only 

after the individual making the transfer 

has completed at least 10 years of 

service in the Armed Forces. 

(B) May use the benefit while the 

member remains in the Armed Forces or 

after separation from active duty after 

completing the additional service 

required to transfer the educational 

assistance under the Post-9/11 GI Bill 

referred to in paragraph (c)(1) of this 

section. 

(C) May not use the benefit until they 

have met the requirements of a 

secondary school diploma (or 

equivalency certificate), or reached 18 

years of age. 

(D) Is not subject to the time 

limitation in paragraph (a)(4) of this 

section, but may not use the benefit after 

reaching 26 years of age. 

(5) Nature of Transferred Entitlement. 

The entitlement transferred will be 

available as follows: 

(i) An eligible spouse: 

(A) Is entitled to educational 

assistance under chapter 33 of title 38, 

U.S.C. in the same manner as the 

individual from whom the entitlement 

was transferred. 

(B) Is not eligible for the monthly 

stipend or books and supplies stipend 

while the sponsor is serving on active 

duty. 

(ii) An eligible child: 

(A) Is entitled to educational 

assistance under chapter 33 of title 38, 

U.S.C, in the same manner as the 

individual from whom the entitlement 

was transferred as if the individual were 

not on active duty. 

(B) Is entitled to the monthly stipend 

and books and supplies stipend even if 

the eligible individual is on active duty. 

(6) Designation of Transferee. An 

individual transferring an entitlement to 

educational assistance under this 

section shall, through notification to the 

Secretary of the Military Department 

concerned as specified in paragraph 

(c)(9) of this section: 

(i) Designate the dependent or 

dependents to whom such entitlement 

is being transferred; 

(ii) Designate the number of months of 

such entitlement to be transferred to 

each dependent; and 

(iii) Specify the period for which the 

transfer shall be effective for each 

dependent. 

(7) Time for Transfer, Revocation, and 

Modification—(i) Time for Transfer. An 

individual approved to transfer 

entitlement to educational assistance 

under this section may transfer such 

entitlement to the individual’s 

dependent only while serving as a 

member of the Armed Forces. 

(ii) Modification or Revocation. (A) 

An individual transferring entitlement 

under this section may modify or revoke 

at any time the transfer of any unused 

portion of the entitlement so transferred. 

(1) An individual may add new 

dependents, modify the number of 

months of the transferred entitlement 

for existing dependents, or revoke 

transfer of the entitlement while serving 

in the Armed Forces. 

(2) An individual may not add 

dependents after retirement or 

separation from the Armed Forces, but 

may modify the number of months of 

the transferred entitlement for existing 

dependents or revoke transferred 

benefits after retirement or separation 

for those family members who had 

received transferred benefits prior to 

separation or retirement. 

(B) The modification or revocation of 

the transfer of entitlement under this 

section shall be made by submitting 

notice of the action to both the Secretary 

of the Military Department concerned 

and the Secretary of Veterans Affairs. 

Additions, modifications or revocations 

made while in the Armed Forces will be 

made through the Transferability of 

Educational Benefits (TEB) Web site as 

described in paragraph (c)(9) of this 

section. Modifications or revocations 

after separation from the Armed Forces 

will be accomplished with the 

Department of Veterans Affairs. 

(8) Additional Administrative 

Matters—(i) Use. The use of any 

entitlement to educational assistance 

transferred under this section shall be 

charged against the entitlement of the 

individual making the transfer at the 

rate of 1 month for each month of 

transferred entitlement that is used. 

(ii) Death of Transferor. The death of 

an individual transferring an 

entitlement under this section shall not 

affect the use of the entitlement by the 

dependent to whom the entitlement is 

transferred. 

(iii) Scope of Use by Transferees. The 

purposes for which a dependent to 

whom entitlement is transferred under 

this section may use such entitlement 

shall include the pursuit and 

completion of the requirements of a 

secondary school diploma (or 

equivalency certificate). 

(iv) Joint and Several Liability. In the 

event of an overpayment of educational 

assistance with respect to a dependent 

to whom entitlement is transferred 

under this section, the dependent and 

the individual making the transfer shall 

be jointly and severally liable to the 

United States for the amount of the 

overpayment for purposes of section 

3685 of title 38, U.S.C. 

(v) Failure to Complete Service 

Agreement. (A) Except as provided in 

paragraph (c)(8)(v)(B) of this section, if 

an individual transferring entitlement 

under this section fails to complete the 

service agreed to by the individual 

under paragraph (c)(1) of this section in 

accordance with the terms of the 

agreement of the individual under that 

section, the amount of any transferred 

entitlement under this section that is 

used by a dependent of the individual 

as of the date of such failure shall be 

treated as an overpayment of 

educational assistance (see paragraph 

(c)(8)(iv) of this section) and will be 

subject to collection by DVA. 


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(B) Paragraph (c)(8)(v)(A) of this 

section shall not apply in the case of an 

individual who fails to complete service 

agreed to by the individual due to: 

(1) The death of the individual, 

(2) Discharge or release from active 

duty for a medical condition which preexisted the service of the individual and 

was not service connected, 

(3) Discharge or release from active 

duty for hardship as determined by the 

Secretary of the Military Department 

concerned, 

(4) Discharge or release from active 

duty for a physical or mental condition 

not a disability and that did not result 

from the individual’s own willful 

misconduct, but did interfere with the 

performance of duty. 

(9) Procedures. All requests and 

transactions for individuals who remain 

in the Armed Forces will be completed 

through the Transferability of 

Educational Benefits (TEB) Web 

application at https:// 

www.dmdc.osd.mil/TEB/. The TEB 

Users Manual will provide instruction 

for enrollment; verification; and 

additions, changes, and revocations. 

Modifications or revocations after 

separation from the Armed Forces will 

be accomplished with the Department of 

Veterans Affairs. 

(10) Regulations. The Secretaries of 

the Military Departments concerned 

shall prescribe regulations for the 

purposes of administering the 

transferability of unused education 

entitlements to family members in 

accordance with this part. Such 

regulations shall specify: 

(i) The manner of verifying and 

documenting the additional service 

commitment, if any, under paragraph 

(c)(1) of this section, to be authorized to 

transfer education benefits. 

(ii) The manner of determining 

eligibility to be authorized to transfer 

entitlements as allowed in paragraph 

(c)(1)(i), (c)(1)(ii) or (c)(1)(iii) of this 

section. 

§ 65.7 Eligibility. 

The DVA is responsible for 

determining eligibility for education 

benefits under the GI Bill. Generally, to 

be eligible for the GI Bill, individuals 

must serve on active duty after 

September 10, 2001, for at least 30 

continuous days with a discharge due to 

a service-connected disability; or an 

aggregate period ranging from 90 days to 

36 months or more. Benefits under the 

GI Bill are based on a percentage, as 

determined by a Service Member’s 

length of active duty service, as shown 

in the following table: 

TABLE TO § 65.7—MAXIMUM BENEFITS PAYABLE

Member serves 

Percentage of 

maximum benefit 

payable 

At least 36 months ......................................................................................................................................................................... 100 

At least 30 continuous days on active duty and discharged due to service-connected disability ................................................ 100 

At least 30 months, but less than 36 months ............................................................................................................................... 90 

At least 24 months, but less than 30 months ............................................................................................................................... 80 

At least 18 months, but less than 24 months* .............................................................................................................................. 70 

At least 12 months, but less than 18 months* .............................................................................................................................. 60 

At least 6 months, but less than 12 months* ................................................................................................................................ 50 

At least 90 days, but less than 6 months* .................................................................................................................................... 40 

If aggregate service is less than 24 months, initial entry training does not count as qualifying active duty. 

§ 65.8 Reporting requirements. 

The reporting requirements in this 

part have been assigned Report Control 

Symbols DD–P&R(AR)1221, DD– 

P&R(Q)2077, DD–RA(M)1147, DD– 

RA(D)1148, DD–RA(D)2170, DD– 

RA(M)2171, DD–RA(D)2302, and DD– 

RA(M)2303 in accordance with the 

requirements of DoD 8910.1–M 

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

directives/corres/pdf/891001m.pdf). 

Appendix A to 32 CFR Part 65— 

Additional Reporting Requirements 

TABLE 1—DATA ELEMENTS FROM DOD INSTRUCTION 1336.5 AND DOD INSTRUCTION 7730.54 RELEVANT TO THIS PART

Field Data element name Description References 

947–954 ... d. Initial Entry Training End Calendar Date.The date a member completed initial entry training, 

including skill training. Format: YYYYMMDD. If not 

applicable or unknown, report all zeros.

293 ........... b. Commissioned Officer Accession 

Program Source Code.

The code that represents the accession program by 

which a member first obtained commissioned officer, other than commissioned warrant officer, status (also known as Source of Initial Commission.) 

Applicable only to commissioned officers, other 

than commissioned warrant officers. If not applicable or unknown, report Z.

G ROTC scholarship program under section 2107(b) 

of title 10, U.S.C.

R ROTC scholarship program under section 2107a of 

title 10, U.S.C.

See DoD Instruction 1336.5 for additional data elements. 

955–971 ... Active Duty Loan Repayment Incentive Program.


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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 30219 

TABLE 1—DATA ELEMENTS FROM DOD INSTRUCTION 1336.5 AND DOD INSTRUCTION 7730.54 RELEVANT TO THIS

PART—Continued 

Field Data element name Description References 

955–962 ... a. Active Duty Loan Repayment Incentive Program Eligibility Effective Date.The beginning date of a Service member’s commitment based on eligibility for an educational incentive under the Active Duty Loan Repayment Incentive Program.

Format: YYYYMMDD. If not applicable or unknown, 

report all zeroes.

963 ........... b. Active Duty Loan Repayment Incentive Program Educational 

Type Code.

The type of active duty educational incentive for a 

Service member, who is appointed, enlists, reenlists, affiliates, or extends in an Active Duty Loan 

Repayment Incentive Program. If not applicable or 

unknown, report Z.

A = Educational loan repayment assistance. 

Chapter 109 of title 10, U.S.C. 

964–971 ... c. Active Duty Loan Repayment Incentive Program Eligibility Completion Date.The completion date of a Service member’s commitment based on eligibility for an educational incentive under the Active Duty Loan Repayment Incentive Program. Format: YYYYMMDD. If not applicable or unknown, report all zeroes.

972–975 ... GI Bill Incentive Program..

972–973 ... a. GI Bill Incentive Kicker Rate 

Code.

The code that represents the monetary level of a GI 

Bill kicker incentive for which a member is entitled 

upon enlistment or affiliation. If not applicable or 

unknown, report ZZ.

See Table 4 for a list of values. 

974–975 ... b. GI Bill Reenlistment Incentive 

Kicker Rate Code.

The code that represents the monetary level of a GI 

Bill reenlistment kicker incentive for which a member is entitled. If not applicable or unknown, report 

ZZ.

See Table 5 for a list of values. 

TABLE 2—ENLISTMENT AND AFFILIATION KICKER CODES* 

Code Rate Other Information 

D2 ................................ $150 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

D3 ................................ 150 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

D4 ................................ 150 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

D5 ................................ 150 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

D6 ................................ 150 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

D9 ................................ 150 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

E2 ................................ 250 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

E3 ................................ 250 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

E4 ................................ 250 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

E5 ................................ 250 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

E6 ................................ 250 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

E9 ................................ 250 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

F2 ................................ 350 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

F3 ................................ 350 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

F4 ................................ 350 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

F5 ................................ 350 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

F6 ................................ 350 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

F9 ................................ 350 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

G2 ................................ 450 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

G3 ................................ 450 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

G4 ................................ 450 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

G5 ................................ 450 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

G6 ................................ 450 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

G9 ................................ 450 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

H2 ................................ 550 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

H3 ................................ 550 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

H4 ................................ 550 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

H5 ................................ 550 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

H6 ................................ 550 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

H9 ................................ 550 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

J2 ................................. 650 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

J3 ................................. 650 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

J4 ................................. 650 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

J5 ................................. 650 Effective 1 August 2009. Requires a 5-year active duty service agreement. 


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30220 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

TABLE 2—ENLISTMENT AND AFFILIATION KICKER CODES*—Continued 

Code Rate Other Information 

J6 ................................. 650 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

J9 ................................. 650 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

K2 ................................ 750 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

K3 ................................ 750 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

K4 ................................ 750 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

K5 ................................ 750 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

K6 ................................ 750 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

K9 ................................ 750 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

L2 ................................ 850 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

L3 ................................ 850 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

L4 ................................ 850 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

L5 ................................ 850 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

L6 ................................ 850 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

L9 ................................ 850 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

M2 ............................... 950 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

M3 ............................... 950 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

M4 ............................... 950 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

M5 ............................... 950 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

M6 ............................... 950 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

M9 ............................... 950 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

* This will be the same coding structure for DoD Instruction 7730.54, ‘‘Reserve Components Common Personnel Data System (RCCPDS).’’ 

TABLE 3—REENLISTMENT KICKER CODES* 

Code Rate Other Information 

N2 ................................ $100 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

N3 ................................ 200 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

N4 ................................ 300 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

* This will be the same coding structure for DoD Instruction 7730.54, ‘‘Reserve Components Common Personnel Data System (RCCPDS).’’ 

Dated: June 18, 2009. 

Patricia L. Topppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–14890 Filed 6–24–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0430] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Recurring Marine Events in the 

Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Coast Guard is amending 

the list of recurring marine events 

within the Fifth Coast Guard District. 

These regulations make small changes 

to the regulated areas of two permitted 

marine events listed in the table 

attached to the regulation. These special 

local regulations are necessary to 

provide for the safety of life on 

navigable waters during marine events. 

This action will restrict vessel traffic in 

portions of the Chesapeake Bay and 

Assateague Channel, Virginia. 

DATES: This interim final rule is 

effective July 27, 2009. Comments and 

related material must reach the Coast 

Guard on or before July 10, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0430 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail, Dennis Sens, Project 

Manager, Fifth Coast Guard District, 

Prevention Division, 757–398–6204 or 

e-mail Dennis.M.Sens@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 


sroberts on PROD1PC70 with RULES