[Federal Register: August 3, 2007 (Volume 72, Number 149)]
[Rules and Regulations]
[Page 43161-43163]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au07-8]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 571
[Docket No. USA-2007-0017]
RIN 0702-AA57
Recruiting and Enlistments
AGENCY: Department of the Army, DoD.
ACTION: Final rule.
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SUMMARY: The Department of the Army has revised its regulation that
prescribes policies and procedures concerning recruiting and enlistment
into the Regular Army and its Reserve Components.
DATES: Effective Date: September 4, 2007.
ADDRESSES: Deputy Chief of Staff, G-1, ATTN: DAPE-MPA, 300 Army
Pentagon, Washington, DC 20310.
[[Page 43162]]
FOR FURTHER INFORMATION CONTACT: Denise Mills, (703) 695-9262.
SUPPLEMENTARY INFORMATION:
A. Background
The Administrative Procedure Act, as amended by the Freedom of
Information Act, requires publication of certain policies and
procedures and other information concerning the Department of the Army
in the Federal Register. The policies and procedures covered by this
part fall into that category. The Army has changed the publications and
policies, thus requiring the rules in the Federal Register to be
updated. The Department of the Army published a proposed rule in the
Federal Register on May 10, 2007 (72 FR 26576) with the comment period
ending on July 9, 2007. The Department of the Army received no comments
on the proposed rule.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the rule does not have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.
C. Unfunded Mandates Reform Act
The Department of the Army has determined that the Unfunded
Mandates Reform Act does not apply because the rule does not include a
mandate that may result in estimated costs to State, local, or tribal
governments in the aggregate, or the private sector, of $100 million or
more.
D. National Environmental Policy Act
The Department of the Army has determined that the National
Environmental Policy Act does not apply because the rule does not have
an adverse impact on the environment.
E. Paperwork Reduction Act
The Department of the Army has determined that the Paperwork
Reduction Act does not apply because the rule does not involve
collection of information from the public.
F. Executive Order 12630 (Government Actions and Interference With
Constitutionally Protected Property Rights)
The Department of the Army has determined that Executive Order
12630 does not apply because the rule does not impair private property
rights.
G. Executive Order 12866 (Regulatory Planning and Review)
The Department of the Army has determined that, according to the
criteria defined in Executive Order 12866, this rule is not a
significant regulatory action. As such, the rule is not subject to
Office of Management and Budget review under section 6(a)(3) of the
Executive Order.
H. Executive Order 13045 (Protection of Children From Environmental
Health Risk and Safety Risks)
The Department of the Army has determined that, according to the
criteria defined in Executive Order 13045, this rule does not apply.
I. Executive Order 13132 (Federalism)
The Department of the Army has determined that, according to the
criteria defined in Executive Order 13132, this rule does not apply
because it will not have a substantial effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
Alphonsa D. Green,
Chief, Recruiting Policy Branch.
List of Subjects in 32 CFR Part 571
Military personnel.
0
For reasons stated in the preamble, the Department of the Army revises
32 CFR part 571 to read as follows:
PART 571--RECRUITING AND ENLISTMENTS
Subpart A--Recruiting and Enlistment Eligibility
Sec.
571.1 General.
571.2 Basic qualifications for enlistment.
571.3 Waiver enlistment criteria.
571.4 Periods of enlistment.
571.5 Enlistment options.
Authority: 10 U.S.C. 504, 505, 509, 513, 520, 3262.
Subpart A--Recruiting and Enlistment Eligibility
Sec. 571.1 General.
(a) Purpose. This part gives the qualifications for men and women
enlisting in the Regular Army (RA) or Reserve Components (RC). The
procedures simplify and standardize the processing of recruited
applicants. The applicant's ability to meet all requirements or
exceptions will determine eligibility. This includes obtaining
prescribed waivers.
(b) References--
(1) Required Publications.
(i) AR 601-210, Active and Reserve Components Enlistment Program.
(Cited in Sec. Sec. 571.2, 571.3, and 571.5).
(ii) AR 40-501, Standards of Medical Fitness. (Cited in Sec. Sec.
571.2 and 571.3).
(iii) AR 600-9, The Army Weight Control Program. (Cited in
Sec. Sec. 571.2 and 571.3).
(2) Related Publications.
(i) DOD Directive 1304.26, Qualifications for Enlistment,
Appointment, and Induction.
(ii) Army Retention Program.
(c) Definitions. The following definitions apply to this part:
(1) Enlistment. Voluntary contract (DD Form 4) for military service
that creates military status as an enlisted member of the Regular Army
or a Reserve Component. This includes enlistment of both non-prior
service and prior service personnel.
(2) Reenlistment. The second or subsequent voluntary enrollment in
the Regular Army or a Reserve Component as an enlisted member.
(3) United States Army. The Regular Army, Army of the United States
(AUS), Army National Guard of the United States (ARNGUS), and the
United States Army Reserve (USAR).
(4) Regular Army (RA). The Regular Army is the component of the
Army that consists of persons whose continuous service on active duty
in both peace and war is contemplated by law and of retired members of
the Regular Army.
(5) Prior Service (PS). For persons enlisting in the RA, those who
have 180 days or more of active duty in any component; or, for persons
enlisting in a Reserve Component, those who have 180 days of active
duty in any component of the armed forces and who have been awarded an
MOS; or former members of an armed forces academy who did not graduate
and who served 180 days or more.
(6) Non-Prior Service (NPS). Those persons who have never served in
any component of the armed forces or who have served less than 180 days
of active duty as a member of any component of the armed forces.
Reserve Component applicants must not have been awarded an MOS; or have
enlisted illegally while underage and been separated for a void
enlistment; or be a former member of a service academy who did not
graduate and who served fewer than 180 days; or have completed ROTC and
served only Active Duty for Training as an officer.
(7) Delayed Entry Program (DEP). A program in which Soldiers may
enlist and are assigned to a United States Army Reserve (USAR) Control
Group until they enlist in the Regular Army. The Commanding General,
United States Army Recruiting Command
[[Page 43163]]
(USAREC) is authorized by 10 U.S.C. 513 to organize and administer DEP.
Sec. 571.2 Basic qualifications for enlistment.
(a) Age requirements for non-prior service and prior service
personnel are defined in AR 601-210.
(b) Applicants must meet citizenship requirements as defined in AR
601-210.
(c) Non-prior and prior service applicants must meet medical
fitness standards prescribed in AR 40-501. Height and weight standards
for non-prior service personnel AR 40-501 and in AR 600-9 for prior
service personnel.
(d) Education standards, dependency criteria, and trainability
requirements are prescribed in AR 601-210.
Sec. 571.3 Waiver enlistment criteria.
(a) Waiver criteria--
(1) All persons who process applicants for enlistment in the Army
use the utmost care to procure qualified personnel. Eligibility of
personnel for enlistment will be based upon their ability to meet all
requirements, including procurement of prescribed waivers.
(2) Applicants applying for moral or medical waivers will document
their waiver requests, as prescribed by AR 601-210 or AR 40-501.
(3) The approval authorities for various types of waiver requests
are set forth in AR 601-210. Commanders at levels below the approval
authority may disapprove waivers for applicants who do not meet
prescribed standards and who do not substantiate a meritorious case.
(4) Unless otherwise stated in AR 601-210, waivers are valid for 6
months.
(b) Nonwaiver medical, moral, and administrative disqualifications
are defined in AR 601-210.
Sec. 571.4 Periods of enlistment.
Enlistments are authorized for periods of 2, 3, 4, 5, 6, 7, or 8
years.
Sec. 571.5 Enlistment options.
Personnel who enlist in the Regular Army for 2 or more years may
select certain initial assignments or classifications, provided they
meet the criteria set forth in AR 601-210 and valid Army requirements
exist for the assignments and skills.
1 [FR Doc. E7-15122 Filed 8-2-07; 8:45 am]
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