Post-9/11 GI Bill, 30212-30220 [E9-14890]
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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.’’
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’’.
Dated: June 19, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E9–14981 Filed 6–24–09; 8:45 am]
§ 4902.7
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
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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
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[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.
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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: https://
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
https://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:
PART 65—POST-9/11 GI BILL
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
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
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’’
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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:
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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
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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.
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§ 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
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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
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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 https://
www.dtic.mil/whs/directives/corres/pdf/
133605p.pdf) and DoD Instruction
7730.54 (available at https://
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
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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,
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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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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
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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
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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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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
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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
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30217
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
Percentage of
maximum benefit
payable
Member serves
At
At
At
At
At
At
At
At
least
least
least
least
least
least
least
least
36 months .........................................................................................................................................................................
30 continuous days on active duty and discharged due to service-connected disability ................................................
30 months, but less than 36 months ...............................................................................................................................
24 months, but less than 30 months ...............................................................................................................................
18 months, but less than 24 months* ..............................................................................................................................
12 months, but less than 18 months* ..............................................................................................................................
6 months, but less than 12 months* ................................................................................................................................
90 days, but less than 6 months* ....................................................................................................................................
100
100
90
80
70
60
50
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 https://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
Data element name
Description
947–954 ...
d. Initial Entry Training End Calendar Date.
293 ...........
b. Commissioned Officer Accession
Program Source Code.
The date a member completed initial entry training,
including skill training. Format: YYYYMMDD. If not
applicable or unknown, report all zeros.
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.
955–971 ...
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Field
Active Duty Loan Repayment Incentive Program.
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References
See DoD Instruction 1336.5 for additional data elements.
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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.
963 ...........
b. Active Duty Loan Repayment Incentive Program Educational
Type Code.
964–971 ...
c. Active Duty Loan Repayment Incentive Program Eligibility Completion 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.
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.
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 ...
972–973 ...
GI Bill Incentive Program..
a. GI Bill Incentive Kicker Rate
Code.
974–975 ...
b. GI Bill Reenlistment 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.
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.
Chapter 109 of title 10, U.S.C.
See Table 4 for a list of values.
See Table 5 for a list of values.
TABLE 2—ENLISTMENT AND AFFILIATION KICKER CODES*
Code
Rate
Other Information
................................
................................
................................
................................
................................
................................
$150
150
150
150
150
150
E2
E3
E4
E5
E6
E9
................................
................................
................................
................................
................................
................................
250
250
250
250
250
250
F2
F3
F4
F5
F6
F9
................................
................................
................................
................................
................................
................................
350
350
350
350
350
350
G2
G3
G4
G5
G6
G9
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D2
D3
D4
D5
D6
D9
................................
................................
................................
................................
................................
................................
450
450
450
450
450
450
H2
H3
H4
H5
H6
H9
................................
................................
................................
................................
................................
................................
550
550
550
550
550
550
J2
J3
J4
J5
.................................
.................................
.................................
.................................
650
650
650
650
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Jkt 217001
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year active duty service agreement.
Effective 1 August 2009. Requires a 5-year active duty service agreement.
Effective 1 August 2009. Requires a 6-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year service agreement: 2 years on
the Selected Reserve.
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year active duty service agreement.
Effective 1 August 2009. Requires a 5-year active duty service agreement.
Effective 1 August 2009. Requires a 6-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year service agreement: 2 years on
the Selected Reserve.
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year active duty service agreement.
Effective 1 August 2009. Requires a 5-year active duty service agreement.
Effective 1 August 2009. Requires a 6-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year service agreement: 2 years on
the Selected Reserve.
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year active duty service agreement.
Effective 1 August 2009. Requires a 5-year active duty service agreement.
Effective 1 August 2009. Requires a 6-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year service agreement: 2 years on
the Selected Reserve.
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year active duty service agreement.
Effective 1 August 2009. Requires a 5-year active duty service agreement.
Effective 1 August 2009. Requires a 6-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year service agreement: 2 years on
the Selected Reserve.
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year active duty service agreement.
Effective 1 August 2009. Requires a 5-year active duty service agreement.
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active duty plus 2 years in
active duty plus 2 years in
active duty plus 2 years in
active duty plus 2 years in
active duty plus 2 years in
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TABLE 2—ENLISTMENT AND AFFILIATION KICKER CODES*—Continued
Code
Rate
Other Information
J6 .................................
J9 .................................
650
650
K2
K3
K4
K5
K6
K9
................................
................................
................................
................................
................................
................................
750
750
750
750
750
750
L2
L3
L4
L5
L6
L9
................................
................................
................................
................................
................................
................................
850
850
850
850
850
850
M2
M3
M4
M5
M6
M9
...............................
...............................
...............................
...............................
...............................
...............................
950
950
950
950
950
950
Effective 1 August 2009. Requires a 6-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year service agreement: 2 years on
the Selected Reserve.
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year active duty service agreement.
Effective 1 August 2009. Requires a 5-year active duty service agreement.
Effective 1 August 2009. Requires a 6-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year service agreement: 2 years on
the Selected Reserve.
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year active duty service agreement.
Effective 1 August 2009. Requires a 5-year active duty service agreement.
Effective 1 August 2009. Requires a 6-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year service agreement: 2 years on
the Selected Reserve.
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year active duty service agreement.
Effective 1 August 2009. Requires a 5-year active duty service agreement.
Effective 1 August 2009. Requires a 6-year active duty service agreement.
Effective 1 August 2009. Requires a 4-year service agreement: 2 years on
the Selected Reserve.
active duty plus 2 years in
active duty plus 2 years in
active duty plus 2 years in
active duty plus 2 years in
* 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
N2 ................................
N3 ................................
N4 ................................
Other Information
$100
200
300
Effective 1 August 2009. Requires a 2-year active duty service agreement.
Effective 1 August 2009. Requires a 3-year active duty service agreement.
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
Coast Guard, DHS.
Interim final rule; request for
comments.
AGENCY:
sroberts on PROD1PC70 with RULES
ACTION:
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
VerDate Nov<24>2008
16:08 Jun 24, 2009
Jkt 217001
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:
https://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.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 https://
www.regulations.gov and will include
any personal information you have
provided.
E:\FR\FM\25JNR1.SGM
25JNR1
]]>Agencies
[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Rules and Regulations]
[Pages 30212-30220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14890]
=======================================================================
-----------------------------------------------------------------------
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: https://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 https://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.
[[Page 30213]]
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.
0
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
Sec. 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.
Sec. 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.
Sec. 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.''
Sec. 65.4 Policy.
It is DoD policy:
(a) That ``kickers'' may be authorized to assist in the recruitment
and
[[Page 30214]]
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.
Sec. 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
Post-9/11 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
Sec. 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 Sec. 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 Post-9/11 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 Sec. 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 https://www.dtic.mil/whs/directives/corres/pdf/133605p.pdf) and DoD Instruction 7730.54 (available at
https://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.
Sec. 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 Sec. 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
[[Page 30215]]
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 full-time 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
service-connected 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 Post-9/11 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 Post-9/11 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
[[Page 30216]]
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
[[Page 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.
[[Page 30218]]
(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 pre-existed 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.
Sec. 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 Sec. 65.7--Maximum Benefits Payable
------------------------------------------------------------------------
Percentage of
Member serves maximum benefit
payable
------------------------------------------------------------------------
At least 36 months................................... 100
At least 30 continuous days on active duty and 100
discharged due to service-connected disability......
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.
Sec. 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
https://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 The date a member completed initial ..................................................
End Calendar Date. entry training, including skill
training. Format: YYYYMMDD. If not
applicable or unknown, report all
zeros.
293............................... b. Commissioned Officer The code that represents the See DoD Instruction 1336.5 for additional data
Accession Program Source accession program by which a member elements.
Code. 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.
955-971........................... Active Duty Loan Repayment ..................................................
Incentive Program.
[[Page 30219]]
955-962........................... a. Active Duty Loan The beginning date of a Service ..................................................
Repayment Incentive member's commitment based on
Program Eligibility eligibility for an educational
Effective Date. incentive under the Active Duty
Loan Repayment Incentive Program.
Format: YYYYMMDD. If not applicable
or unknown, report all zeroes.
963............................... b. Active Duty Loan The type of active duty educational Chapter 109 of title 10, U.S.C.
Repayment Incentive incentive for a Service member, who
Program Educational Type is appointed, enlists, reenlists,
Code. affiliates, or extends in an Active
Duty Loan Repayment Incentive
Program. If not applicable or
unknown, report Z.
A = Educational loan repayment
assistance..
964-971........................... c. Active Duty Loan The completion date of a Service ..................................................
Repayment Incentive member's commitment based on
Program Eligibility eligibility for an educational
Completion Date. 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 The code that represents the See Table 4 for a list of values.
Kicker Rate Code. 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.
974-975........................... b. GI Bill Reenlistment The code that represents the See Table 5 for a list of values.
Incentive Kicker Rate monetary level of a GI Bill
Code. reenlistment kicker incentive for
which a member is entitled. If not
applicable or unknown, report ZZ.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
[[Page 30220]]
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
