Service Academies, 81759-81767 [2015-32926]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Rules and Regulations]
[Pages 81759-81767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32926]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 217

[Docket ID: DOD-2007-OS-0001]
RIN 0790-AI19


Service Academies

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

ACTION: Final rule.

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SUMMARY: This rule establishes policy, assigns responsibilities, and 
prescribes procedures for DoD oversight of the Service academies 
(referred to in this rule as ``the academies''). It implements the 
United States Code for the establishment and operation of the United 
States Military Academy, the United States Naval Academy, and the 
United States Air Force Academy.

DATES: Effective Date: This rule is effective December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Lt. Col. Keithen Washington, 703 695-
5529.

SUPPLEMENTARY INFORMATION:

Executive Summary

I. Purpose of the Regulatory Action

    a. Purpose. This rule provides required updates to DoD policy and 
procedures because some policy changes and court decisions have had a 
great impact on the eligibility of potential applicants' entry into a 
military academy. All language addressing homosexuality, homosexual 
acts, homosexual statements and homosexual marriage has been removed in 
accordance with the December 22, 2010 repeal of Don't Ask, Don't Tell 
policy, which opened military service to homosexuals, and the 
subsequent United States v. Windsor decision (570 U.S. 12, 133 S. Ct. 
2675 (2013), 1 U.S.C. 7; 28 U.S.C. 1738c) which found section 3 of the 
Defense of Marriage Act (DOMA) unconstitutional. By removing all 
references to homosexual conduct, acts or marriage as grounds for 
discharge, otherwise qualified applicants are now free to apply and 
enroll in a military academy without prejudice or fear of reprisal 
regardless of their sexual orientation. This rule is required 
immediately to remove any legal and policy restrictions which would 
prevent a potential applicant from entry into a military academy based 
solely on their sexual orientation.
    Additionally, the academies must attract, recruit and retain high 
achieving citizens who are pursuing undergraduate degrees critical to 
the DoD's national security mission. A highly qualified and diverse 
pool of citizens is needed to replenish and fortify DoD's workforce. 
The academies finance higher education and provide opportunities to 
individuals who may not otherwise have the means nor the opportunity to 
pursue. Furthermore, because the Military Services provide critical 
national security, providing them with a skilled and talented workforce 
is vitally necessary to defend the United States. Updating these 
policies and procedures is vital to the DoD meeting its mission to man 
an all-volunteer force with qualified citizens.
    b. Succinct statement of legal authority for the regulatory action.

    Authority: 10 U.S.C. Chapters 403, 603, and 903.

II. Summary of the Major Provisions of the Regulatory Action

    The academies annually provide newly commissioned officers to each 
Service who have been immersed in the history, traditions, and 
professional values of the Military Services and developed to be 
leaders of character, dedicated to a career of professional excellence 
in service to the Nation. The accession of these officers generates a 
core group of innovative leaders capable of thinking critically who 
will exert positive peer influence to convey and sustain these 
traditions, attitudes, values, and beliefs essential to the long-term 
readiness and success of the Military Services.

III. Costs and Benefits

    Administrative costs are negligible and the benefits would be 
clear, concise rules that enable the Secretary of Defense to ensure 
that the Service Academies operate efficiently and meet the needs of 
the armed forces.

Retrospective Review

    This rule is part of DoD's retrospective plan, completed in August 
2011, under Executive Order 13563, ``Improving Regulation and 
Regulatory Review,'' DoD's full plan and updates can be accessed at: 
https://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=DOD-2011-OS-0036.

Public Comment

    Notice and comment are not required for this rule under the 
Administrative Procedure Act because, as the rule establishes policy, 
assigns responsibility, and prescribes procedures for DoD oversight of 
the academies, it directly relates to a military function of the United 
States (See 5 U.S.C. 553(a)(1)). However, DoD previously published a 
proposed rule on October 18, 2007 (72 FR 59053-59064), but that version 
was never finalized. One public comment was received that was provided 
as a means for improvement.
    Comment: The comment received concerned the protocol requiring that 
all new cadets and midshipmen to undergo Human Immunodeficiency Virus 
(HIV), drug, and alcohol testing within 72 hours of reception, and the 
requirement that any appointment as a cadet or

[[Page 81760]]

midshipman to any of the Service Academies will be terminated if and 
``when it is determined the individual is HIV positive or dependent on 
drugs or alcohol.'' The individual who submitted the comment did not 
contest the justification for appointment termination if any of the 
mentioned conditions existed. Rather the individual took issue with the 
fact that HIV positive status was paired with drug and alcohol 
dependency and believes it implies a similarity between drug and 
alcohol dependency and affliction with HIV.
    Response: It is recognized that HIV affliction and drug and alcohol 
abuse are very different issues. Accordingly, the three are no longer 
linked. Additionally, due to comments received during interagency 
coordination of this rule, language addressing HIV affliction as well 
as language addressing drug and alcohol abuse have been removed from 
this rule. A reference to the appropriate DoD Instructions that address 
these conditions has been included in the rule.
Other Changes
    (1) Language addressing foreign students has been included and/or 
clarified.
    (2) Language addressing homosexuality, homosexual acts, homosexual 
statements and homosexual marriage has been removed.
    (3) For additional understanding and clarity, added a definition 
for excess leave.
    (4) Reworded some language for clarity based on additional internal 
comments received.

Regulatory Procedures

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

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

Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act'' (2 U.S.C. 
Chapter 25)

    It has been determined that 32 CFR part 217 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 217 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)

    This rule does not add any new information or reporting 
requirements. Existing collections approved under OMB Control Number 
0701-0026, ``Nomination for Appointment to the United States Military 
Academy, Naval Academy, and Air Force Academy,'' will be used. The 
Department will continue to review its processes to identify additional 
collection instruments and consider how these collection tools may be 
improved and make revisions accordingly. We welcome your comments on 
how you think we can improve on our information collection activities 
that are expiring and scheduled for extension and/or revision.

Executive Order 13132, ``Federalism''

    It has been determined that 32 CFR part 217 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 217

    Colleges and universities, Education.

    Accordingly 32 CFR part 217 is added to read as follows:

PART 217--SERVICE ACADEMIES

Sec.
217.1 Purpose.
217.2 Applicability.
217.3 Definitions.
217.4 Policy.
217.5 Responsibilities.
217.6 Procedures.
Appendix A to Part 217--Applicant Briefing Item on Separation Policy

    Authority:  10 U.S.C. Chapters 403, 603, and 903.


Sec.  217.1  Purpose.

    This part establishes policy, assigns responsibilities, and 
prescribes procedures for DoD oversight of the Service academies 
(referred to in this part as ``the academies'').


Sec.  217.2  Applicability.

    This part applies to Office of the Secretary of Defense, the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the combatant commands, the Office of the 
Inspector General of the Department of Defense (IG DoD), the Defense 
Agencies, the DoD Field Activities, and all other organizational 
entities within the DoD (referred to collectively in this part as the 
``DoD Components'').


Sec.  217.3  Definitions.

    These terms and their definitions are for the purposes of this 
part.
    Academic year. The time period beginning the first day of the fall 
semester and ending on the last day of the spring semester.
    Academy(ies). The U.S. Military, the U.S. Naval, and the U.S. Air 
Force Academy.
    Academy preparatory schools. Postsecondary educational institutions 
operated by each of the Military Departments to provide enhanced 
opportunities for selected candidates to be appointed to the academies.
    Active duty lists. A single list of certain officers serving on 
active duty. Officers are carried on the active duty list of the 
Military Service of which they are members in order of seniority. (See 
10 U.S.C. 620 for additional information.)
    Active duty service obligation. A commitment of active military 
service for a specified period of time.
    Agreement. The agreement signed by a U.S. cadet or midshipman in 
accordance with 10 U.S.C. 2005, 4348(a), 6959(a), or 9348(a).
    Appointment. U.S. applicants who are selected for admission to the 
academies are appointed by the President as cadets or midshipmen. Those 
U.S. cadets and midshipmen who complete the course of instruction at an 
academy may be appointed as a commissioned officer in a Military 
Service. Foreign students admitted to the academies for a course of 
study pursuant to 10 U.S.C. chapters 403, 603, and 903 and this part, 
are not formally appointed as cadets or midshipmen.
    Boards of Visitors. Boards that visit the academies annually and 
provide a

[[Page 81761]]

report to the President of their views and recommendations about the 
academies. 10 U.S.C. chapters 403, 603, and 903 define the composition 
and purpose of those boards.
    Cadets and midshipmen. U.S. citizens having been appointed to one 
of the academies and having taken the oath as cadets or midshipmen. 
Although not eligible for a formal appointment, foreign students 
admitted to the academies for a course of study will be called cadets 
and midshipmen and will be accountable to policies and procedures that 
govern attendance and will receive all emoluments commensurate with a 
U.S. citizen cadet or midshipman. Foreign students will not take the 
oath of office, are at no time considered to be serving on active duty 
in the Military Services, and will not be eligible for nor offered a 
commission in a Military Service upon satisfactory completion of their 
academy course of study nor be eligible to be called to active duty if 
disenrolled.
    Cost of education. Those costs attributable directly to educating a 
person at an academy under regulations prescribed by the Secretary of 
the Military Department concerned and approved by the Assistant 
Secretary of Defense for Manpower and Reserve Affairs (ASD(M&RA)) and 
Under Secretary of Defense (Comptroller)/Chief Financial Officer 
(USD(C)/CFO). Such costs include a reasonable charge for the provided 
education, books, supplies, room, board, transportation, and other 
miscellaneous items furnished at government expense. Excluded are the 
costs for cadet or midshipman pay and allowances in accordance with 37 
U.S.C. 203, uniforms, military training, and support for nonacademic 
military operations.
    Dependency. Any person for whom an individual has a legally 
recognized obligation to provide support, including but not limited to 
spouse and natural, adoptive, or stepchildren.
    Disenrollment. The voluntary or involuntary termination of a cadet 
or midshipman from one of the academies.
    Excess leave. Leave granted that exceeds accrued and advance leave 
and for which the Service member is not entitled to pay and allowances. 
Generally, a negative leave balance at the time of release from active 
military duty, discharge, first extension of an enlistment, desertion, 
or death shall be considered excess leave regardless of the authority 
under which the leave resulting in the negative balance was granted.
    Hazing. Any unauthorized assumption of authority by a cadet or 
midshipman whereby another cadet or midshipman suffers or is exposed to 
any cruelty, indignity, humiliation, oppression, or the deprivation or 
abridgment of any right. The Secretaries of the Military Departments or 
academy superintendents may issue regulations that augment this 
definition to amplify or clarify local guidelines.
    Honor code (concept). A prescribed standard of ethical behavior 
applicable to cadets or midshipmen, as determined by the Secretary of 
the Military Department concerned.
    Military service obligation. A commitment of military service for a 
specified period of time.


Sec.  217.4  Policy.

    It is DoD policy, pursuant to 10 U.S.C. chapters 403, 603, and 903 
and consistent with this part, that:
    (a) The academies provide, each year, newly commissioned officers 
to each Service that have been immersed in the history, traditions, and 
professional values of the Military Services and developed to be 
leaders of character, dedicated to a career of professional excellence 
in service to the Nation.
    (b) The accession of those officers generates a core group of 
innovative leaders capable of thinking critically who will exert 
positive peer influence to convey and sustain these traditions, 
attitudes, values, and beliefs essential to the long-term readiness and 
success of the Military Services.
    (c) Active duty service is the primary means of reimbursement for 
education.
    (d) Cadets and midshipmen disenrolling or those disenrolled after 
the beginning of the third academic year from a Service academy 
normally will be called to active duty in enlisted status, if fit for 
service.


Sec.  217.5  Responsibilities.

    (a) The Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)):
    (1) Serves as the DoD focal point for matters affecting the 
academies.
    (2) Provides DoD oversight and management of the academies.
    (b) Under the authority, direction, and control of the USD(P&R), 
the ASD(M&RA):
    (1) Serves as the OUSD(P&R) focal point for matters affecting the 
academies and resolves matters of conflict that may arise among the 
Military Departments.
    (2) Assesses and monitors academy operations to ensure cost-
effective employment of resources in the accomplishment of the 
academies' mission.
    (3) Develops policy and provides guidance for DoD oversight and 
management of the academies.
    (4) Develops overall DoD policy and provides guidance for the 
conduct and administration of a uniform academy disenrollment policy.
    (5) Approves or disapproves requests to exceed the foreign student 
limitation from a single country provision in Sec.  217.6(d)(2).
    (6) Approves or disapproves requests to release a cadet or 
midshipman prior to the completion of 2 years of active service.
    (c) Under the authority, direction, and control of the USD(P&R), 
the Assistant Secretary of Defense for Health Affairs (ASD(HA)) 
establishes medical standards for applicants to the academies that are 
applied through the DoD Medical Examination Review Board, according to 
DoD Directive 5154.25E, ``DoD Medical Examination Review Board'' 
(available at https://www.dtic.mil/whs/directives/corres/pdf/515425e.pdf).
    (d) The Under Secretary of Defense for Policy (USD(P)):
    (1) Oversees the management of admission vacancies for foreign 
students.
    (2) Designates countries from which foreign students may be 
selected.
    (3) Issues implementing guidance as necessary, including waiver of 
tuition or fees reimbursement either wholly or partially for management 
of admission vacancies for foreign students.
    (e) The USD(C)/CFO establishes and publishes the tuition rate for 
foreign students.
    (f) Under the authority, direction, and control of the USD(C)/CFO 
and with the coordination of the superintendents of the academies, the 
Director, Defense Finance and Accounting Service (DFAS), is responsible 
for billing and collecting reimbursements due to the academies for 
foreign students, except when those reimbursements have been waived by 
the USD(P).
    (g) The IG DoD evaluates programs, as set forth in DoD Directive 
5106.01, ``Inspector General of the Department of Defense'' (available 
at https://www.dtic.mil/whs/directives/corres/pdf/510601p.pdf) and 5 
U.S.C. Appendix (also known as and referred to in this part as the 
``Inspector General Act of 1978,'' as amended).
    (h) The Secretaries of the Military Departments:
    (1) Establish and maintain a military academy pursuant to 10 U.S.C. 
chapters 33, 47, 61, 403, 603, and 903 and 10 U.S.C. 702 and 2005 and 
this part. 10 U.S.C. chapter 47 is also known and referred to in this 
part as ``The Uniform Code of Military Justice (UCMJ),'' as amended.
    (2) Ensure appropriate oversight and management of the academies.

[[Page 81762]]

    (3) Develop quantified performance goals and measures, linked with 
the schools' mission statements to annually evaluate the performance of 
the academies and preparatory schools.
    (4) Prescribe a written agreement when providing an academy 
appointment to U.S. candidates who agree to conditions in Sec.  
217.6(f) and are otherwise qualified.
    (5) Prescribe regulations on:
    (i) A breach of a cadet's or midshipman's ``agreement to serve'' 
for the purpose of ordering that individual to active duty.
    (ii) Procedures for determining whether such a breach has occurred.
    (iii) Standards for determining the period of time for which a 
person may be ordered to serve on active duty according to Sec.  
217.6(j). (See also 10 U.S.C. 4348(c), 6959(c), and 9348(c).
    (6) Work with the Director, DFAS, to establish and maintain jointly 
developed, uniform accounting procedures for determining the cost of 
education at their respective academies. These procedures must be 
consistent with Chapter 6 of Volume 11A of DoD 7000.14-R, ``Department 
of Defense Financial Management Regulation'' (available at https://comptroller.defense.gov/Portals/45/documents/fmr/Volume_11a.pdf) and 
DoD Instruction 5010.40, ``Managers' Internal Control (MIC) Program 
Procedures'' (available at https://www.dtic.mil/whs/directives/corres/pdf/501040p.pdf). A standard method for computing reimbursement of the 
cost of education will be in these procedures and accounts receivable 
will be recorded as follows:
    (i) Establish an accounts receivable for the cost of education when 
a cadet or midshipman disenrolls or is disenrolled from an academy.
    (ii) Reduce the accounts receivable proportionately to the period 
of active duty served by the disenrolled cadets or midshipmen.
    (7) Prescribe the repayment procedures of an individual's 
outstanding debt so that the total amount due--based on 37 U.S.C. 303a, 
monthly repayment schedules, repayment method, and other information--
clearly will be explained in writing to the debtor.
    (8) Ensure that proper credit management and debt collection 
procedures are followed pursuant to chapters 28-32 of Volume 5, and 
chapters 38 and 50 of Volume 7A of DoD 7000.14-R (available at https://comptroller.defense.gov/Portals/45/documents/fmr/Volume_05.pdf and 
https://comptroller.defense.gov/Portals/45/documents/fmr/Volume_07a.pdf), to include prescribing repayment procedures of an 
individual's outstanding academy financial obligation.
    (9) Develop an organizational capability to collect, maintain, and 
submit information on resources in support of an academy, the academy 
preparatory school, and any other associated training programs.


Sec.  217.6  Procedures.

    (a) Academies. Academies are 4-year educational institutions 
operated by each of the Military Departments to provide successful 
candidates with degrees of Bachelor of Science and commissions as 
military officers. The core of the academies' mission statements will 
be to educate, train, and inspire men and women to become officers in 
the Military Services to serve the United States.
    (b) Organization of the academies. (1) There will be at each 
academy a superintendent and Commandant appointed by the President, a 
dean of the faculty, chaplain, permanent professors, an athletic 
director, and a director of admissions. The Secretaries of the Military 
Departments may employ as many civilian faculty members as considered 
necessary.
    (2) Incumbents of dean, director of admissions, and permanent 
professorships held by military personnel will be appointed by the 
President of the United States by and with the advice and consent of 
the Senate. The superintendent and the commandant will be detailed to 
those positions by the President.
    (3) The immediate governance of the academies is by their 
superintendents, who also will serve as the commanding officers of the 
academies and their military posts.
    (4) The superintendent is responsible for the day-to-day operation 
of the academy as well as the welfare of cadets or midshipmen and 
staff.
    (5) The dean of the faculty of the academy directs and manages the 
development and execution of an undergraduate curriculum that 
recognizes the requirement for graduates to understand technology, 
while gaining a sound historical perspective and an understanding of 
different cultures. The curriculum will be broadly based in the 
physical and social sciences, the study of languages and cultures in 
areas in which the DoD is engaged, and the arts and humanities.
    (6) The commandant directs and manages military education and 
training programs and exercises command over cadets or midshipmen, as 
established by law and determined by the superintendent.
    (7) The director of athletics directs and manages the 
intercollegiate athletic programs and other physical fitness programs, 
as determined by the superintendent. Intercollegiate athletic programs 
will be in full compliance with all applicable National Collegiate 
Athletics Association rules and requirements while maintaining the 
professional and ethical values of the Services.
    (8) The academic faculty will consist of civilian and military 
members in proportions determined by the Secretary of the Military 
Department concerned. Faculty members will possess a mix of operational 
experience, academic expertise, and teaching ability. They:
    (i) Exemplify the highest standards of ethical and moral conduct 
and performance established by the Secretaries of the Military 
Departments concerned, and the superintendents concerned, consistent 
with this part.
    (ii) Participate in the full spectrum of academy programs and 
activities and the development of their curriculum.
    (iii) Actively participate in the professional, moral, and ethical 
development of cadets and midshipmen as role models, mentors, and 
through the enforcement of standards of behavior and conduct.
    (9) Service members will conduct themselves in accordance with the 
requirement of exemplary conduct as specified in 10 U.S.C. 3583, 5947, 
and 8583.
    (10) The superintendent will ensure that noninstructional staff 
consists of the minimum number of people consistent with effective 
achievement of the objectives of the academy and its military post.
    (11) Compensation and benefits for civilian faculty members will be 
sufficiently competitive to achieve academic excellence at pay levels 
determined by the Secretary of the Military Department concerned.
    (12) Additional guidance about organization of the academies is in 
10 U.S.C. chapters 403, 603, and 903.
    (c) Nomination and appointment of cadets and midshipmen. (1) 
Nomination, appointment, admission, authorized strength, and allocation 
of strength among nominating authorities for cadets and midshipmen are 
prescribed in 10 U.S.C. chapters 403, 603, and 903 and this part.
    (2) U.S. cadets and midshipmen will be appointed by the President 
alone. An appointment is conditional until the cadet or midshipman is 
admitted.
    (3) Appointments will be offered on a competitive basis to 
nominated

[[Page 81763]]

candidates having the strongest potential for success as cadets or 
midshipmen, and ultimately as commissioned officers. The nominating 
sources will be notified of candidates selected for appointment.
    (4) Those selected for appointment must have demonstrated, through 
evaluations prescribed by the Secretary of the Military Department 
concerned:
    (i) High standards of moral character, personal conduct, and 
integrity.
    (ii) The potential to successfully complete the program of 
instruction.
    (iii) An acceptable level of physical fitness.
    (iv) Medical qualification for appointments to the academies and 
for commissioning as required in 10 U.S.C. chapter 33 and further 
delineated through examination procedures defined in DoD Directive 
5154.25E and medical standards defined in DoD Instruction 6130.03, 
``Physical Standards for Appointment, Enlistment, or Induction in the 
Military Services'' (available at https://www.dtic.mil/whs/directives/corres/pdf/613003p.pdf), DoD Instruction 6485.01, ``Human 
Immunodeficiency Virus in Military Service Members'' (available at 
https://www.dtic.mil/whs/directives/corres/pdf/648501p.pdf), and DoD 
Instruction 1010.16, ``Technical Procedures for the Military Personnel 
Drug Abuse Testing Program'' (available at https://www.dtic.mil/whs/directives/corres/pdf/101016p.pdf).
    (5) Specific eligibility criteria also guide selection:
    (i) Age. Applicants must be at least 17 years of age, and not have 
passed their 23rd birthday on July 1 of the year of entry into an 
academy.
    (ii) Citizenship. Except for foreigners admitted to the academies 
under 10 U.S.C. chapters 403, 603, and 903 and this part, those 
appointed must be citizens or nationals of the United States.
    (iii) Residence. If nominated by an authority designated in the 
``Congressional'' and ``U.S. Possession'' categories as defined in 10 
U.S.C. chapters 403, 603, and 903, applicants must be domiciled in the 
constituency of such authorities.
    (iv) Dependents. Those appointed as cadets or midshipmen must not 
have dependents.
    (v) Marital Status. Those appointed as cadets or midshipmen cannot 
have a spouse.
    (6) The academies will work to ensure timely medical evaluations of 
applicants. Issues relating to the administrative management of those 
evaluations that are not resolved to the satisfaction of the academies 
and the activity performing the evaluation will be forwarded to the 
ASD(M&RA) for resolution.
    (7) To be admitted to an academy, U.S. appointees must take and 
subscribe to an oath prescribed by law or by the Secretary of the 
Military Department concerned. If a U.S. candidate for admission 
refuses to take and subscribe to the prescribed oath, the appointment 
is terminated.
    (d) Cadets and midshipmen from foreign countries. (1) Foreign 
students may receive instruction at an academy; the number may not 
exceed the limits in 10 U.S.C. chapters 403, 603, and 903. Such 
instruction will be on a reimbursable basis. The USD(P) designates the 
countries from which candidates may be selected, and may waive 
reimbursement, either wholly or partially.
    (i) Although not eligible for a formal appointment, foreign 
students admitted to the academies for a course of study will be called 
cadets and midshipmen, will be accountable to policies and procedures 
that govern attendance, and are entitled to the equivalent pay and 
allowances of a cadet or midshipmen appointed from the United States, 
and from the same appropriation.
    (ii) Foreign students will not take the oath addressed in paragraph 
(c)(7) of this section, are at no time considered to be serving in any 
status in the Military Services, and will not be eligible for nor 
offered a commission in the Military Services upon satisfactory 
completion of their academy course of study nor eligible to be called 
to active duty if disenrolled.
    (2) Not more than three foreign students from a single country may 
be enrolled at a single academy without ASD(M&RA) approval. Requests 
for such approval will be submitted by the Secretary of the Military 
Department concerned, through the USD(P) to the ASD(M&RA). The 
enrollment restriction does not apply to students participating in 
exchange programs of up to two semesters' duration.
    (3) By the end of May of each year, the USD(C)/CFO will establish 
the tuition rate for the succeeding school year and publish that rate 
to the Secretaries of the Military Departments, the USD(P), and the 
ASD(M&RA).
    (4) By the end of June of each year, the USD(P) will publish a list 
of countries eligible to send students to the academies during the 
subsequent academic year, specifying reimbursement requirements. That 
list will be provided to the Secretaries of the Military Departments, 
the ASD(M&RA), and the responsible U.S. Defense Attach[eacute] Offices 
(USDAOs) or the American embassies, if no servicing USDAO exists.
    (5) By the end of August of each year, the superintendent of each 
academy will extend application invitations, through applicable USDAOs 
(or the American embassies), to each eligible country. Those 
invitations will describe admissions procedures and define the 
country's official sponsorship responsibilities.
    (6) The superintendent will manage the selection and notification 
of candidates and, with the assistance of the applicable USDAO or 
American embassy, obtain written acknowledgment from the sending 
government of sponsorship responsibilities and their agreement to 
reimburse tuition costs, when applicable.
    (7) Questions on enrollment or reimbursement will be forwarded to 
the ASD(M&RA), for resolution with the USD(P).
    (e) Development of cadets and midshipmen. (1) Development of cadets 
and midshipmen is prescribed in 10 U.S.C. chapters 403, 603, and 903 
and this part.
    (2) The normal course of instruction at an academy is 4 years, with 
selected promising cadets or midshipmen pursuing longer terms when 
required to meet academy educational or other graduation requirements. 
The Secretaries of the Military Departments will arrange the course of 
instruction so that cadets or midshipmen are not required to attend 
classes on Sunday.
    (3) Besides academic preparation, each academy will provide for 
development of military and leadership skills and physical fitness.
    (4) The practice of hazing is prohibited by Department policy and 
law (see 10 U.S.C. 4352, 6964, and 9352).
    (5) An important component in the growth of cadets or midshipmen is 
the leadership development system. Its purpose is to motivate graduates 
to seek leadership responsibilities and enable them to think clearly, 
decide wisely, and act decisively under pressure and in a variety of 
leadership situations. The leadership development system will be based 
on:
    (i) Positive leadership, equal opportunity, and respect for one 
another's values, beliefs, and personal dignity.
    (ii) Elimination of dysfunctional stress. The Secretaries of the 
Military Departments concerned and superintendents determine knowledge 
requirements and procedures for the development and indoctrination of 
cadets and midshipmen. Memorization

[[Page 81764]]

of trivia, such as complete menus for meals, is generally 
inappropriate. Establishment of such requirements will be closely 
monitored by the academies.
    (iii) Emphasis on proper bearing, fitness, and posture. These are 
important to effective leadership and contribute to overall well-being. 
Exaggerated forms of posture, speech, or movement generally do not 
constitute proper military bearing. Establishment of such requirements 
will be closely monitored by the academies and used only with the 
knowledge and approval of the superintendents.
    (iv) Positive role models; opportunities to learn, practice, and 
receive feedback; and access to support. Direct support to leadership 
development will be provided by concurrent and relevant coursework, 
athletic competition, and hands-on experience to show the relationship 
between theories of leadership in the classroom and practice of 
leadership outside the classroom.
    (6) The highest ethical and moral standards are expected of the 
officer corps. The honor systems of the academies will support that 
expectation by enforcing adherence to standards of behavior embodied in 
the honor codes or concepts of the academies. Violations of honor 
standards may constitute a basis for disenrollment.
    (f) Management of cadets and midshipmen. (1) A U.S. cadet or 
midshipman entering an academy directly from civilian status assumes a 
Military Service obligation (MSO) of 8 years, under 10 U.S.C. 651 and 
DoD Instruction 1304.25, ``Fulfilling the Military Service Obligation'' 
(available at https://www.dtic.mil/whs/directives/corres/pdf/130425p.pdf).
    (2) Cadet and midshipman pay is prescribed by 37 U.S.C. 203(c).
    (3) Cadets and midshipmen will meet medical accession standards 
outlined in paragraph (c)(4)(iv) of this section.
    (4) As a condition for providing education at an academy, the 
Secretary of the Military Department concerned will require that each 
U.S. cadet or midshipman enter into a written agreement in which he or 
she agrees:
    (i) To complete the course of instruction for graduation specified 
in the agreement to accept an appointment as a commissioned officer, if 
tendered, and to serve on active duty for a period specified in the 
agreement if called to active duty or, at the option of the Secretary 
of the Military Department concerned, to reimburse the United States 
for the amount specified by the Secretary of Military Department 
concerned, as prescribed in this section.
    (ii) That if such cadet or midshipman fails to complete the 
educational requirements specified in the agreement, such person, if so 
ordered by the Secretary of the Military Department concerned, will 
serve on active duty for a period specified in the agreement.
    (iii) That if such person fails to complete the period of active 
duty specified in the agreement, he or she will reimburse the United 
States for the amount specified by the Secretary of the Military 
Department concerned in accordance with the requirements of 10 U.S.C. 
2005 and 37 U.S.C. 303a.
    (iv) To such other terms and conditions as the Secretary of the 
Military Department concerned may prescribe to protect U.S. interests.
    (5) An obligation to repay the United States under this section is, 
for all purposes, a debt owed the United States. A discharge in 
bankruptcy under Title 11 U.S.C. does not discharge a person from such 
debt if the discharge order is entered less than 5 years after:
    (i) The date of the termination of the agreement or contract on 
which the debt is based; or
    (ii) In the absence of such agreement or contract, the date of the 
termination of the service on which the debt is based.
    (6) The sustainment of high performance standards ensures that 
cadets and midshipmen who are unwilling or unable to successfully 
complete the program of instruction at the academy are identified 
quickly. As defined by the Military Department concerned, cadets or 
midshipmen who are identified as ``deficient'' in conduct, studies, or 
physical fitness, and disenrolled from any academy may not, unless 
recommended by an academic or academy board, be returned or reappointed 
to an academy. Those cadets or midshipmen selected for return will be 
reappointed consistent with the criteria prescribed by the board.
    (i) Individuals failing to complete the required course of academy 
instruction (including disenrollment for academics, conduct, honor code 
violations, or physical deficiency) will be disenrolled.
    (ii) If an appointment is terminated before graduation due to a 
U.S. cadet's or midshipman's breaching his or her agreement, or if a 
U.S. cadet or midshipman refuses to accept a commission following 
graduation, the 8 year MSO will be fulfilled by the period for which 
the member is ordered to serve on active duty or in the Reserve 
Component in an applicable enlisted status. He or she may be ordered to 
active duty for a period not to exceed 4 years under 10 U.S.C. 4348(b), 
6959(b), or 9348(b). Policies that apply to U.S. cadets or midshipmen 
disenrolled from an academy who entered the academy directly from 
civilian status are:
    (A) Fourth and Third Classmen (First and Second Years). A fourth or 
third classman disenrolled will retain their MSO in accordance with 10 
U.S.C. chapter 47 and DoD Instruction 1304.25 but have no active duty 
service obligation (ADSO).
    (B) Second Classmen (Third Year). A second classman resigning 
before the start of the second class academic year or disenrolled for 
cause resulting from actions that occurred only before the start of the 
second class academic year will be discharged as if he or she were a 
third classman.
    (C) Second or First Classmen (Third and Fourth or Subsequent 
Years). Any second or first classman who is disenrolled and who is not 
suited for enlisted Military Service for reasons of demonstrated 
unsuitability, unfitness, or physical disqualification, will be 
discharged in accordance with the current Military Service regulations 
that implement this part, to include monetary recoupment. Other second 
or first class cadets and midshipmen disenrolled after the beginning of 
the second class academic year, but before completing the course of 
instruction, may be transferred to the Reserve Component in an enlisted 
status and ordered to active duty for not less than 2 years, but not 
more than 4 years and incur an MSO, in accordance with 10 U.S.C. 
4348(b), 6959(b), or 9348(b).
    (D) First Classman (Declining Appointment). Any first classman 
completing the course of instruction and declining to accept an 
appointment as a commissioned officer may be transferred to the 
respective Reserve Component in an enlisted status and ordered to 
active duty for 4 years and incurs a MSO in accordance with 10 U.S.C. 
4348(b), 6959(b), and 9348(b) and DoD Directive 1235.10, ``Activation, 
Mobilization, and Demobilization of the Ready Reserve'' (available at 
https://www.dtic.mil/whs/directives/corres/pdf/123510p.pdf).
    (iii) The disposition of cadets and midshipmen entering an academy 
from the Regular or Reserve Component of any Military Service (except 
those who enter an academy by way of its preparatory school from 
civilian status) and then not completing the program will be determined 
in accordance with 10 U.S.C. 516:
    (A) Fourth and Third Classmen (First and Second Years). If 
disenrolled during the fourth or third class year, the cadet's or 
midshipman's Military Service commitment will be equal to the time

[[Page 81765]]

not served on the original enlistment contract, with all service as a 
cadet or midshipman counted as service under that contract. Those 
individuals with less than 1 year remaining in the original enlistment 
contract may be discharged on approval of the disenrollment by the 
Military Department concerned.
    (B) Second Classmen (Third Year). If disenrolled before the 
beginning of the second class academic year, the cadet's or 
midshipman's Military Service commitment will be the same as in 
paragraph (f)(6)(iii)(C) of this section.
    (C) Second or First Classmen (Third and Fourth or Subsequent 
Years). If first and second classmen are disenrolled for issues 
occurring after the beginning of the second class academic year, their 
Military Service commitment will be the same as in paragraphs 
(f)(6)(ii)(C) and (D) of this section, as appropriate, or will be equal 
to the time not served on the original enlistment contract (with all 
service as a cadet or midshipman counted as service under that 
contract), whichever period is longer.
    (D) Disenrolled Cadets or Midshipmen not Suited for Enlisted 
Military Service. A cadet or midshipman who entered into an academy 
from the Regular or Reserve Component of a Military Service who is 
subsequently disenrolled from an academy and is not suited for enlisted 
Military Service because of demonstrated unsuitability, unfitness, or 
physical disqualification, will be discharged in accordance with DoD 
Instruction 1332.14, ``Enlisted Administrative Separations'' (available 
at https://www.dtic.mil/whs/directives/corres/pdf/133214p.pdf) and 
Military Department regulations that specifically address the 
disenrollment of cadets or midshipmen.
    (E) Military Grade of Disenrolled Cadets or Midshipmen Transferred 
to the Reserve Component or Active Duty. Whether transferred to the 
Reserve Component or reverted back to active duty status, the 
disenrolled cadets and midshipmen retain their prior enlisted grade. 
However, in no case will the cadet or midshipman be transferred to the 
Reserve Component in a grade lower than would a similarly situated 
cadet or midshipman who entered the academy from a civilian status.
    (iv) The disposition of U.S. cadets and midshipmen entering an 
academy by way of its preparatory school from civilian status and then 
not completing the program will be managed in accordance with paragraph 
(f)(6)(ii) through (iv) of this section.
    (v) A cadet or midshipman tendering a resignation will be required 
to state a reason for this action. A resignation may be accepted when 
in the interest of the Military Service. Accepting the resignation will 
not in and of itself constitute a determination of the U.S. cadet's or 
midshipman's qualification for enlisted Military Service.
    (vi) U.S. cadets or midshipmen who are not ordered to active duty 
due to their misconduct or unsuitability, or because their petition for 
relief from an active duty obligation was approved by the Secretary of 
the Military Department concerned, must reimburse the United States in 
accordance with the requirements of 10 U.S.C. 2005 and 37 U.S.C. 303a 
for education costs commensurate with time spent at the academy. The 
Secretary of the Military Department concerned may remit or cancel any 
part of the indebtedness of a cadet or midshipman to the United States. 
There may be circumstances when neither Active Duty nor reimbursement 
is appropriate. The Secretaries of the Military Departments will 
carefully review the circumstances to determine whether waiving Active 
Duty or reimbursement is consistent with existing statutory 
requirements, personnel policies or management objectives, equity and 
good conscience, and is in the best interest of the United States. Such 
circumstances may include, but are not limited to, a cadet's or 
midshipman's death, illness, injury, or other impairment that is not 
the result of the cadet's or midshipman's misconduct; or needs of the 
Service.
    (vii) Change in Status Notification. When a U.S. cadet or 
midshipman is disenrolled from an academy and discharged from the 
Service concerned, the Selective Service System will be notified by the 
Military Department of the individual's status change.
    (viii) Dependency Disenrollment or Resignation. U.S. cadets or 
midshipman who resign or are disenrolled for violation of the 
dependency policy may request transfer to the Reserve Officer Training 
Corps (ROTC). Approval and method of transfer is at the discretion of 
the Secretary of the Military Departments concerned. Cadets and 
midshipmen who are approved to transfer to ROTC, graduate, receive a 
commission, and fulfill their Active Duty Service Obligation (ADSO) are 
not subject to reimbursement as outlined in this section.
    (ix) Disenrollment of cadets and midshipmen for medical 
disqualification.
    (A) Persons separated for being medically disqualified from further 
Military Service will be separated and will not be obligated for 
further Military Service or for reimbursing education costs in 
accordance paragraph (f)(6)(vi) of this section.
    (B) Persons separated for reasons in addition to being medically 
disqualified from further Military Service may be obligated for 
reimbursing education costs at the discretion of the Military 
Department concerned.
    (C) Cadets and midshipmen who become medically disqualified for 
appointment (including pregnancy) as a commissioned officer during 
their senior year, who otherwise would be qualified to complete the 
course of instruction and be appointed as a commissioned officer, and 
who are capable of completing the academic course of instruction with 
their peers, may be permitted by the Secretary of the Military 
Department concerned to complete the academic course of instruction 
with award of an academic credential determined by the Secretary of the 
Military Department concerned.
    (D) Pursuant to 10 U.S.C. 1217, when the Secretary of the Military 
Department concerned determines that a U.S. cadet or midshipman is 
medically disqualified for appointment as a commissioned officer due to 
injury, illness, or disease aggravated or incurred in the line of duty 
while entitled to cadet or midshipman pay, the Secretary may retire the 
cadet or midshipman with retired pay in accordance with 10 U.S.C. 
chapter 61.
    (g) Graduation and commission. (1) Cadets and midshipmen who 
complete all requirements prescribed by the Secretary of the Military 
Department concerned for graduation and appointment may be awarded a 
bachelor of science degree, and U.S. cadets and midshipmen who meet 
medical accession standards outlined in paragraph (c)(4)(iv) of this 
section are eligible to be commissioned, in accordance with 10 U.S.C. 
chapters 33, 403, 603, and 903.
    (2) Graduation leave will be administered in accordance with 10 
U.S.C. 702.
    (3) Officers appointed from cadet or midshipman status will not be 
voluntarily released from active duty principally to pursue a 
professional sports activity with the potential of public affairs or 
recruiting benefit to the DoD during the initial 2 years of active 
commissioned service. A waiver to release a cadet or midshipman prior 
to the completion of 2 years of active service must be approved by the 
ASD(M&RA). Exceptional personnel with unique talents and abilities may 
be authorized excess leave or be released from active duty and 
transferred to the Selective Reserve after completing 2 years of active 
commissioned service

[[Page 81766]]

when there is a strong expectation their professional sports activity 
will provide the DoD with significant favorable media exposure likely 
to enhance national recruiting or public affairs.
    (i) Approval authority and processing requirements. Secretaries of 
the Military Departments will establish the approval authority and 
specific processing requirements for all requests for excess leave and 
early release from active duty under this program.
    (ii) Excess leave. Officers may apply for excess leave, after 
serving a minimum of 24 months of the current obligated active duty 
period, for a period not to exceed 1 year, for the purpose of pursuing 
a professional sports activity with potential recruiting or public 
affairs benefits to the DoD. The agreement between the individual and 
the professional sports team or organization must reflect the intent of 
both parties to employ the individual in a way that brings credit to 
the DoD. The agreement between the individual and the professional 
sports team or organization must reflect the intent of both parties to 
employ the individual in a way that brings credit to the DoD. Personnel 
are not entitled to pay and allowances while in excess leave status, 
nor are they entitled to receive disability retired pay if incurring a 
physical disability while in excess leave status. Officers must:
    (A) Remain subject to recall to active duty.
    (B) Be in good standing, to include meeting all physical fitness 
requirements and standards.
    (C) Have secured an actual contract or binding commitment with a 
professional team or organization guaranteeing the opportunity to 
pursue an activity with potential recruiting benefits as described.
    (D) Acknowledge that time served in excess leave will not be used 
to satisfy an existing ADSO.
    (iii) Early release. Officers may request early release from their 
ADSO for the purpose of pursuing a professional sports activity with 
potential recruiting or public affairs benefits for the DoD. Any 
agreement between the individual and the professional sports team or 
organization must reflect the intent of both parties to employ the 
individual in a way that brings credit to the DoD. Military Departments 
will notify the ASD(M&RA) when an officer is released early from active 
duty under this program. In addition to any further requirements as 
determined appropriate by the Secretary of the Military Department 
concerned, applicants for early release must, at a minimum:
    (A) Have served 24 months of the original ADSO.
    (B) Be in good standing, to include meeting all physical fitness 
requirements and standards.
    (C) Have secured an actual contract or binding commitment with a 
professional sports team or organization guaranteeing the opportunity 
to pursue an activity with potential recruiting benefits as described.
    (D) Be assigned to a Selected Reserve unit and meet normal 
retention requirements based on minimum participation standards in 
accordance with 10 U.S.C. 10147 and 10148, and be subject to immediate 
involuntary recall for any reason to complete the period of active duty 
from which early release was granted.
    (E) Acknowledge that the officer is subject to monetary repayment 
of educational benefits at a prorated share based on the period of 
unfulfilled ADSO, and that such recoupment is in addition to the two-
for-one Selected Reserve obligation required in paragraph 
(g)(3)(iii)(F) of this section. Officers subject to recoupment under 
the provisions of 10 U.S.C. 2005 for receipt of advanced education 
assistance must reimburse the United States a pro-rata share of the 
cost of their advanced education assistance based on the period of 
unfulfilled active duty service.
    (F) Agree that, in the event that the officer is no longer under a 
contract or binding agreement with a professional sports team or 
organization, the officer will either return to active duty to complete 
the remaining ADSO, or continue in the Selected Reserve for a period of 
not less than two times the length of their remaining ADSO, as 
determined by their Service.
    (4) At the discretion of the Secretary of the Military Department 
concerned, first class cadets or midshipmen not medically qualified for 
commissioning may be placed on limited duty status, as defined by the 
Military Department concerned, for up to 1 year until medical 
commissioning requirements of this section and the Military Service are 
met. If all requirements are met, the cadet or midshipmen may be 
commissioned. If these requirements are not met, the cadet or 
midshipmen will be disenrolled subject to recoupment as discussed in 
paragraph (f)(6)(ii)(C) and (f)(6)(ix) of this section.
    (h) Academy preparatory schools. (1) Academy preparatory schools 
provide an avenue for effective transition to the academy environment. 
The academy preparatory schools prepare selected candidates for 
admission who are judged to need additional preparation in academics, 
physical fitness, or character development.
    (i) Each school's programs of instruction will focus on academic 
preparation and on those areas of personal and physical preparation 
that reflect the mission of both the academy and the Service concerned.
    (ii) The core of the academy preparatory schools' mission statement 
will be ``To motivate, prepare, and evaluate selected candidates in an 
academic, military, moral, and physical environment, to perform 
successfully at the ___ Academy.''
    (2) Faculty members will possess academic expertise and teaching 
prowess. They will exemplify high standards of conduct and performance. 
Faculty members will be expected to participate in the full spectrum of 
the school's programs, to include providing leadership, exemplary 
conduct and moral behavior for cadet candidates and midshipmen 
candidates to emulate, as well as involvement in the development of 
curricular and extracurricular activities. Curriculum design will 
recognize academic preparation as the priority; associated programs 
will capitalize on economies and efficiencies.
    (3) Preparatory school programs will provide tailored individual 
instruction to strengthen candidate abilities and to correct 
deficiencies in academic areas emphasized by the academies. 
Additionally, preparatory school programs will provide supplementary 
instruction in military orientation, physical development, athletics, 
leadership, character development, and other specific areas of interest 
determined by the Secretary of the Military Department concerned.
    (i) Review and oversight. (1) Service academies will establish 
quantified performance goals and measures, linked with their respective 
school's mission statement to annually evaluate the performance of the 
academies. Metrics will include graduation rate for enrolled 
candidates. The graduation rates of those entering the academies should 
be at least 75 percent.
    (2) Preparatory schools will establish quantified performance goals 
and measures, linked with the schools' mission statements to annually 
evaluate the performance of the preparatory schools. At a minimum, the 
metrics will include:
    (i) Academy preparatory school to academy entrance ratio. The ratio 
of the number of preparatory school students entering the academy to 
the number that entered prep school should be 70 percent or greater.

[[Page 81767]]

    (ii) Preparatory student and direct appointee graduation rate. The 
preparatory school students' academy graduation rate should not drop 
more than 5 percent below the direct appointees' graduation rate.
    (3) Boards of Visitors of the academies are established and 
procedures prescribed by 10 U.S.C. chapters 403, 603, and 903 to 
inquire into the efficiency and effectiveness of academy operations. 
The designated federal officer for each Board of Visitors will provide 
the ASD(M&RA) a copy of each report required by 10 U.S.C. chapter 47 
within 60 days of the report's submission to the President.
    (4) Oversight by the IG DoD will be provided in accordance with DoD 
Directive 5106.01 and the Inspector General Act of 1978. When required, 
the ASD(M&RA) recommends to the IG DoD any areas of academy operations 
that merit specific review during the subsequent fiscal year.
    (5) Annual meetings of the superintendents will be hosted by the 
academies on a rotating basis and include the commandants, the deans, 
the directors of admissions and athletics, and others designated by the 
superintendents. Meeting attendees will discuss performance measures 
and other matters of collective interest. Meeting attendees will 
identify plans to address areas requiring corrective action. Following 
the meeting, the host superintendent will provide the ASD(M&RA) a 
summary of issues and actions discussed and each Service academy will 
provide an assessment of their respective service academy and 
preparatory school.
    (j) Inter-service commissioning. (1) To be qualified for inter-
Service appointment, applicants must meet all graduation requirements 
and all requirements for commissioning in the gaining Service; and both 
the gaining and losing Secretaries of the Military Departments 
concerned must concur in the appointment. In accordance with 10 U.S.C. 
chapter 33, not more than 12.5 percent of a graduating class from any 
academy may be commissioned in the Military Services not under the 
jurisdiction of the Military Department administering that academy.
    (2) Once all requirements for inter-Service appointments have been 
met, endorsements from the losing academy will contain the applicants' 
current academic transcripts, order of merit standing, record of 
physical fitness and, if applicable, results of the gaining Service's 
testing for flight training or other qualification. Applications 
supported by the losing Military Department will be forwarded to the 
gaining Military Department no later than November of the calendar year 
before graduation. The gaining Secretary of the Military Department 
concerned will act on applications no later than the end of December of 
the year prior to commissioning and will immediately notify the losing 
Secretary of the Military Department concerned of decisions. Affected 
cadets or midshipmen will be quickly notified of the disposition of 
applications.
    (3) Those selected for transfer will be integrated within active 
duty lists of the gaining Military Service. When seniority on that list 
relies on academy class standing, they will be initially integrated 
immediately following the cadet or midshipman holding equal numerical 
class standing at the academy of the gaining Military Department.

Appendix A to Part 217--Applicant Briefing Item on Separation Policy

    (a) Individual responsibility. Service members represent the 
Military Services by word, actions, and appearance. Their unique 
position in society requires them to uphold the dignity and high 
standards of the Military Services at all times and in all places. 
In order to be ready at all times for worldwide deployment, military 
units and their members must possess high standards of integrity, 
cohesion, and good order and discipline. As a result, military laws, 
rules, customs, and traditions include restrictions on personal 
behavior that are different from civilian life. Service members may 
be involuntarily separated before their enlistment or term of 
service ends for various reasons established by law and military 
regulations. These are some of the circumstances that may be grounds 
for involuntary separation from the Academy:
    (1) Infractions. The individual establishes a pattern of 
disciplinary infractions, discreditable involvement with civil or 
military authorities, causes dissent, or disrupts or degrades the 
mission of his or her unit. That may also include conduct of any 
nature that would bring discredit on the Military Services in the 
view of the civilian community.
    (2) Dependency. Any person for whom an individual has a legally 
recognized obligation to provide support including but not limited 
to spouse and natural, adoptive, or stepchildren.
    (3) Physical fitness and body fat. The individual fails to meet 
the physical fitness or body fat standards.
    (b) Hazing, harassment, or violence not tolerated. The practice 
of hazing is prohibited by law (10 U.S.C. 4352, 6964, and 9352). A 
cadet or midshipman dismissed from an academy for hazing may not be 
reappointed as a cadet or midshipman at an academy. The Military 
Services do not tolerate harassment or violence against any Service 
member for any reason. Cadets and midshipmen must treat all Service 
members, at all times, with dignity and respect. Failure to do so 
may result in the individual being disciplined or involuntarily 
separated before his or her term of service ends.

    Dated: December 28, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-32926 Filed 12-30-15; 8:45 am]
 BILLING CODE 5001-06-P