Gambar halaman
PDF
ePub

other materials necessary for maintenance of the equipment.

(iv) Necessary test materials, individual equipment, and uniforms.

(2) The Military Department concerned shall pay transportation charges, including packaging and handling, for shipment to and from the institution. The institution shall pay all other costs incident to maintenance and local storage and safeguarding of the property.

(e) Disestablishment of Junior ROTC units. (1) When the Secretary of a Military Department determines that a Junior ROTC unit does not meet the standards specified in appropriate Military Service directives (other than for enrollment), school authorities concerned shall be notified that the unit has been placed on a 1-year probationary status. Disestablishment of the unit shall be effective at the conclusion of the probationary period if the reason for the probationary status has not been resolved.

(2) Junior ROTC units that are in at least their 2nd year of enrollment and do not have the statutory minimum of 100 students, or 10 percent of the number of students enrolled in the institution, who are at least 14 years of age, whichever is less, shall be placed on probation immediately. No later than the end of the academic year, the Military Department concerned shall evaluate the unit's potential to attain the minimum enrollment upon the opening of school in the fall. If it is likely the enrollment minimum will not be met, the Military Department concerned shall encourage school authorities to concur in disestablishment of the unit at the end of that current school year. The Military Department concerned shall make the final determination as to the school's capability to meet the enrollment minimum. When the Military Department's evaluation indicates that minimum enrollment probably will be met at the beginning of the fall school term, the unit may be continued. However, no later than 30 days following the beginning of the next school term, the sponsoring Military Department shall determine whether the enrollment minimum has been met. If it has not, the school shall be officially notified of the

unit's disestablishment, and physical termination shall be scheduled for no later than the end of that academic year.

(f) Junior ROTC in DoD Dependents Schools (DoDDS) high schools. (1) The requesting high school principal shall forward applications for the establishment of individual Junior ROTC units through established school channels in each geographic area to the appropriate Military Department.

(2) The nomination of retired officer and noncommissioned officer instructors shall be in accordance with applicable regulations of the Military Departments. The respective Military Departments shall submit the names of nominees to the Director, DoDDS, ATTN: Teacher Recruitment, for final selection and appointment to positions in the DoDDS high schools. Junior ROTC instructors shall be employed in accordance with part 69 of this title.

(3) In addition to meeting Military Department qualifications, each applicant for a Junior ROTC instructor position must meet the criteria required by the North Central Accreditation Association of Colleges and Secondary Schools (NCA). NCA criteria may be obtained from the Director, DODDS, Office of the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics).

ENCLOSURE 1-EXAMPLES: COMPUTATION

OF THE JUNIOR ROTC INSTRUCTOR'S
COMPENSATION

The computation of the amount due to the Junior ROTC instructor, from the U.S. Government and the institutions is illustrated in the examples provided below.

Example A: A Junior ROTC instructor agrees to instruct, administer, and operate a Junior ROTC unit for 12 months at Murray High School. Murray High School remains open 12 months of the year without the usual

[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[blocks in formation]

3 Reimbursable to the School District from the Federal Government, 4,000.

Example D: Central High School is open 9 months of the year for instruction and a total of an additional month for preregistration activities, such as preparing curricula and counseling students in August, and postacademic activities in June, such as recording permanent grades and taking inventory on teaching materials needed for the coming academic year. As an instructor at Central High School, the Junior ROTC instructor shall participate in these required duties.

The Junior ROTC instructor has accepted a 10-month contract with Central High School to provide instruction, administration, and operation of the Junior ROTC unit. His compensation is calculated as follows:

[blocks in formation]
[blocks in formation]

Due to the Junior ROTC Instructor:
From the U.S. Government:

• Annual military retirement pay From the School District:

• Minimum Junior ROTC instructor's com-
pensation prorated to a 10-month period
(See computation in Example D)

$20,000

56,667

[blocks in formation]

This part: (a) Updates policy and responsibilities governing delinquent indebtedness of members of the Military Services, and prescribes policy for processing involuntary allotments

from the pay of military members to satisfy judgment indebtedness in accordance with 5 U.S.C. 5520a(k).

(b) Establishes responsibility for procedures implementing 5 U.S.C. 5520a(k), 15 U.S.C. 1601 note, 1601-1614, 1631-1646, 1661-1665a, 1666-1666j, and 1667-1667e ("Truth in Lending Act"), and 15 U.S.C. 1601 note, and 1692-16920 ("Fair Debt Collection Practices Act”).

(c) Designates the Director, Defense Finance and Accounting Service (DFAS), as the Department of Defense Executive Agent for forms necessary to process involuntary allotments. The Executive Agent shall publish, print, stock, distribute, and revise forms.

§ 112.2 Applicability and scope.

(a) Applies to the Office of the Secretary of Defense, the Military Departments (including the Coast Guard when it is not operating as a Military Service in the Navy by agreement with the Department of Transportation), the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the Department of Defense Field Agencies (hereafter referred to collectively as "the Department of Defense Components"). The term "Military Services,"

[blocks in formation]

(a) Absence. A member's lack of an “appearance," at any stage of the judicial process, as evidenced by failing to physically attend court proceedings; failing to be represented at court proceedings by counsel of the member's choosing; or failing to timely respond to pleadings, orders, or motions.

(b) Court. A court of competent jurisdiction within any State, territory, or possession of the United States.

(c) Debt collector. An agency or agent engaged in the collection of debts described under 15 U.S.C. 1601 note and 1692-16920 ("Fair Debt Collection Practices Act").

(d) Exigencies of military duty. A military assignment or missing-essential duty that, because of its urgency, importance, duration location, or isolation, necessitates the absence of a member of the Military Services from appearance at a judicial proceeding or prevents the member from being able to respond to a notice of application for an involuntary allotment. Exigency of military duty is normally presumed during periods of war, national emergency, or when the member is deployed.

(e) Judgment. A final judgment must be a valid, enforceable order or decree, by a court from which no appeal may be taken, or from which no appeal has been taken within the time allowed, or from which an appeal has been taken and finally decided. The judgment must award a sum certain amount and specify that the amount is to be paid

by an individual who, at the time of application for the involuntary allotment, is a member of the Military Services.

(f) Just financial obligations. A legal debt acknowledged by the military member in which there is no reasonable dispute as to the facts or the law; or one reduced to judgment that conforms to the Soldiers' and Sailors' Civil Relief Act of 1940, as amended (50 U.S.C. appendix sections 501-591).

(g) Member of the military services. Any member of the Regular Army, Air Force, Navy, Marine Corps, or Coast Guard, and any member of a Reserve component of the Army, Air Force, Navy, Marine Corps or Coast Guard (including the Army National Guard of the United States and the Air National Guard of the United States) on active duty pursuant to 10 U.S.C. 672, for a period in excess of 180 days at the time an application for involuntary allotment is received by the Director, DFAS, or Commanding Officer, Coast Guard Pay and Personnel Center. The following shall not be considered members:

(1) Retired personnel, including those placed on the temporary or permanent disabled retired list; and

(2) Personnel in a prisoner of war or missing in action status, as determined by the Secretary of the Military Department concerned.

§ 112.4 Policy.

(a) Members of the Military Services are expected to pay their just financial obligations in a proper and timely manner. A Service member's failure to pay a just financial obligation may result in disciplinary action under the Uniform Code of Military Justice (10 U.S.C. 801-940) or a claim pursuant to Article 139 of the Uniform Code of Military Justice (10 U.S.C. 939). Except as stated in this section, and in paragraphs (a)(1) and (a)(2) of this section, the Department of Defense Components have no legal authority to require members to pay a private debt or to divert any part of their pay for satisfaction of a private debt.

(1) Legal process instituted in civil courts to enforce judgments against military personnel for the payment of alimony or child support shall be acted on in accordance with 42 U.S.C. 651-665,

and Part 7, Chapter 7, Section B. of Department of Defense 7000.14-R1, Volume 7, Part A.

(2) Involuntary allotments under 5 U.S.C. 5520a(k) shall be established in accordance with this part.

(b) Whenever possible, indebtedness disputes should be resolved through amicable means. Claimants may contact military members by having correspondence forwarded through the military locator services for an appropriate fee, as provided under DoD Instruction 7230.7.2

(c) The following general policies apply to processing of debt complaints (not involuntary allotments):

(1) Debt complaints meeting the requirements of this part, and procedures established by the Under Secretary of Defense (Personnel and Readiness), as required by 32 CFR part 113, shall receive prompt processing assistance from commanders.

(2) Assistance in indebtedness matters shall not be extended to those creditors:

(i) Who have not made a bona fide effort to collect the debt directly from the military member;

(ii) Whose claims are patently false and misleading; or

(iii) Whose claims are obviously exorbitant;

(3) Some States have enacted laws that prohibit creditors from contacting a debtor's employer about indebtedness or communicating facts on indebtedness to an employer unless certain conditions are met. The conditions that must be met to remove this prohibition are generally such things as reduction of a debt to judgment or obtaining written permission of the debtor.

(i) At Department of Defense installations in States having such laws, the processing of debt complaints shall not be extended to those creditors who are in violation of the State law. Commanders may advise creditors that this rule has been established because it is the general policy of the Military Services to comply with State law when that law does not infringe upon significant military interests.

1 Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. 2 See footnote 1 to §112.4(a)(1)

(ii) The rule in §112.4(c)(3)(i) shall govern even though a creditor is not licensed to do business in the State where the debtor is located. A similar practice shall be started in any State enacting a similar law regarding debt collection.

(4) Under 15 U.S.C. 1601 note and 169216920 ("Fair Debt Collection Practices Act"), contact by a debt collector with third parties, such as commanding officers, for aiding debt collection is prohibited without a court order, or the debtor's prior consent given directly to the debt collector. Creditors are generally exempt from this requirement, but only when they collect on this own behalf.

(d) The following general policies apply to processing of involuntary allotments under 5 U.S.C. 5520a(k).

(1) In those cases in which the indebtedness of a military member has been reduced to a judgment, an application for an involuntary allotment from the pay of the member may be made under procedures prescribed by the Under Secretary of Defense (Personnel and Readiness). Such procedures shall provide the exclusive remedy available under 5 U.S.C. 5520a(k).

(2) An involuntary allotment from a member's pay shall not be started in any indebtedness case in which:

(i) Exigencies of military duty caused the absence of the member from the judicial proceeding at which the judgment was rendered; or

(ii) There has not been compliance with the procedural requirements of the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C. appendix sections 501-591.

§112.5 Responsibilities.

(a) The Under Secretary of Defense for Personnel and Readiness shall:

(1) In consultation with the Under Secretary of Defense (Comptroller), establish procedures for the processing of debt complaints and involuntary allotments.

(2) Have policy oversight on the assistance to be provided by military authorities to creditors of military personnel who have debt complaints, and on involuntary allotment of military

pay.

(b) The Under Secretary of Defense (Comptroller) shall:

(1) Establish, as necessary, procedures supplemental to those promulgated by the Under Secretary of Defense (Personnel and Readiness) to administer and process involuntary allotments from the pay of members of the Military Services; this includes the authority to promulgate forms necessary for the efficient administration an processing of involuntary allotments.

(2) Ensure that the Director, DFAS: (i) Implements procedures established by the Under Secretary of Defense (Personnel and Readiness) and the Under Secretary of Defense (Comptroller).

(ii) Considers whether the Soldiers' and Sailors' Civil Relief Act of 1940, as amended (50 U.S.C. appendix sections 501-591), has been complied with under 5 U.S.C. 5520a(k) prior to establishing an involuntary allotment against the pay of a member of the Military Services.

(iii) Acts as the Department of Defense Executive Agent for Departme of Defense forms necessary to process involuntary allotments.

(c) The Heads of the Department of Defense Components shall urge military personnel to meet their just financial obligations, since failure to do so damages their credit reputation and affects the public image of all Depart ment of Defense personnel. See DoD Directives 1000.10,3 1000.11,4 and 5500.7.5

(d) The Secretaries of the Military Departments shall:

AT

188

[blocks in formation]
« SebelumnyaLanjutkan »