As used in this part, the following definitions will apply:

(a) "Overseas Dependents Schools" are schools established by the DoD in overseas areas (with the exception of Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands, and Wake Island) for the purpose of providing elementary and secondary education for minor dependents of DoD military and civilian personnel stationed overseas.

(b) "School-Unique Items" are those items of supply, materials and equipment which are peculiar to the operation of an educational program and are not usually available through normal military supply stocks. School-unique equipment inIcludes all movable items of equipment and furniture used in the educational program, which are not normally attached to, or when installed, become a part of the building. Examples of schoolunique items of equipment are shop power tools, special equipment in home economics rooms, such as stoves and refrigerators, and language laboratories.

(c) "School Professional Personnel" are those civilian personnel employed in the DoD Overseas Dependents School System, either on a school-year or calendar-year basis, whose duties involve classroom or other instruction or administration, supervision or direction of school programs, including other school positions which require academic credits in educational theory and practice.

(d) "Logistic Support" includes the provision of suitable and adequate school facilities: Dormitories (when required); area and district offices; all equipment normally attached to the building; school logistics personnel; services, such as maintenance and repair of facilities, custodial, transportation of students, util

(a) The mission of the DOD Overseas Dependents Schools is to maintain a school system which provides educational opportunities through 13 years of school (Kindergarten through grade 12); to assure that such educational opportunities are of high quality and are comparable in all respects to the better school systems of the United States; to maintain such schools in sufficient numbers and types, properly staffed and equipped to provide quality education for eligible dependent children of U.S. military and civilian personnel of the Department of Defense stationed in overseas areas.

(b) The DOD Overseas Dependents Schools System shall be divided into three geographical school areas for operation and administration: European, Pacific, and Atlantic. The European and Pacific school areas shall be subdivided into school districts. The Atlantic Area will be a combination school areadistrict.

(c) In developing school districts and determining the number required, the Secretaries of the Military Departments will:

(1) Consider student load, geographical location of schools, consolidation of academic functions, and personnel economies; and

(2) Seek to achieve maximum consolidation of academic functions which will permit personnel economies without diminution of the quality of education provided to dependent children. The initial proposed district organization and any subsequent changes thereto will be submitted to the ASD (M&RA) for approval prior to implementation.

[35 F.R. 6750, Apr. 29, 1970]

§ 69.5 Responsibilities and functions.

(a) Under the direction of the Secretary of Defense:

(1) The Assistant Secretary of Defense (Manpower and Reserve Affairs) will be responsible for establishing the policies for the organization, operation

and administration of the Overseas Dependents Schools System of the Department of Defense. To carry out the above responsibilities, ASD (M&RA) will perform the following functions:

(i) Determine the general educational goals and objectives of overseas dependents schools.

(li) Develop appropriate curricula and lists of approved instructional materials for use within the Overseas Dependents Schools System.

(iii) Establish professional standards for all school professional personnel.

(iv) Provide for the common recruitment, selection, assignment, and transfer of all school professional personnel to and between overseas school areas.

(v) Develop standards for the effective operation and administration of the academic program, including staffing criteria.

(vi) Develop policy and guidelines for the establishment and disestablishment of Department of Defense Overseas Dependents Schools, including dormitory facilities; and serve as liaison with the State Department when political considerations are involved.

(2) The Assistant Secretary of Defense (Installations and Logistics) will be responsible for establishing policies for the logistical support of the Overseas Dependents Schools System of the Department of Defense. To carry out this responsibility, ASD(I&L) will perform the following functions:

(i) Provide for the procurement and distribution of school unique items.

(ii) Develop design and engineering criteria for the construction of school facilities based on functional requirements provided by ASD (M&RA).

(ii) Provide for the programing of school facilities in annual military construction programs or otherwise as required, following priorities for individual school projects established by the ASD (M&RA).

(b) The Secretaries of the Military Departments:

(1) Are assigned responsibility for the operation and administration of all dependents schools, and for the provisions of tuition-fee schooling in the following geographical areas:

(1) Countries in Europe, Africa, and Asia to 90° E. longitude Secretary of the Army.

(ii) Atlantic Area, including North, Central, and South America-Secretary of the Navy.

(iii) Pacific Area, including all countries in the Far East to 90° E. longitude, Australia, and New Zealand-Secretary of the Air Force.

(2) Will program, budget and fund all the appropriated costs of the Overseas Dependents Education System in their respective areas with the exception of military construction and military personnel requirements, including those identified in DoD Instruction 1342.5 "Elements of Cost for Education of Dependents Overseas and Computation Chargeable to Per Pupil Limitation,” June 2, 1965,1 and any other costs incurred in support of this program. Each Department will program, budget and fund for the facilities requirements related to its respective installations, in accordance with applicable Instructions, and to provide for the program prescribed by the Department having geographic responsibility. All logistic support funded from appropriations available for operation and maintenance will be provided by each Department for those schools located on its respective installations subject to reimbursement by the Department having geographic responsibility. Investment items, other than under the military construction account, will be budgeted and funded by the Department having geographic responsibility. Reimbursable agreements between the geographical manager and appropriate officials of the supporting services, indicating the level of support to be provided and the related costs, should be effected each year within sixty (60) days after the opening of school. This agreement should include the cost of military support to be provided; however, no reimbursement will be provided for military personnel costs.

(3) Will approve enrollments in tuition-fee schools in their respective areas. (Exceptions to be approved by ASD (M&RA).)

Filed as part of original document. Single copies available from Naval Supply Depot, 5801 Tabor Avenue, Philadelphia, Pa. 19120, Attention: Code 300.

(4) With concurrence from the ASD (M&RA) will select and appoint a school area superintendent, and provide for the appointment of subordinate district superintendents as appropriate for the operation and administration of the schools in the assigned area. The school area superintendents will:

(1) Organize, administer, and supervise the total educational program of all dependents schools in his assigned school area.

(ii) Provide consultant services to .school professional personnel and other school personnel on the educational program.

(iii) Develop an effective program for in-service training of school professional personnel.

(iv) Review the logistical support provided dependents schools by base and installation commanders as it affects the educational program.

(v) Review and establish an order of priority for school construction, renovation, rehabilitation and alteration required, in his assigned school area.

(vi) In coordination with appropriate overseas commanders, and in compliance with policy established by ASD(M&RA), establish and disestablish Department of Defense Overseas Dependents Schools, including dormitory facilities.

(vii) Establish committees and advisory groups as appropriate.

(5) Will program, budget and fund for construction of school facilities costing in excess of $25,000 at their respective installations.

[33 F.R. 15909, Oct. 29, 1968, as amended at 35 F.R. 6750, Apr. 29, 1970]

This part establishes Department of Defense uniform policies to assure compliance with Public Law 91-302, "To extend the authority to grant a special 30-day leave for members of the uniformed services who voluntarily extend their tours of duty in hostile fire areas," enacted July 2, 1970.

§ 71.2 Applicability and scope.

The provisions of this part apply to the Military Departments, and cover all members of the Armed Forces of the United States on active duty.

§ 71.3 Policies and responsibilities.

The Secretaries of the Military Departments will issue uniform implementing regulations consistent with the following:

(a) General. (1) Military personnel completing the prescribed tour of twelve (12) months in Vietnam who volunteer and are approved by competent authority for a tour extension in Vietnam of at least six (6) months duration will be authorized a special 30-day leave at any desired location selected by the member,

58-112-76- -7

except locations where military personnel are restricted from traveling when in a leave status. The special 30-day leave shall be exclusive of travel time and the tour extension shall be exclusive of both the 30-day special leave and travel time.

(2) These special leave privileges may also be extended to other Southeast Asia assignees who are regularly engaged in operations in a hostile fire area and who extend their assignments in a hostile fire area for a period of at least six (6) months beyond the prescribed 12-month tour.

(3) In a situation where an individual's voluntary extension has been approved, but he is transferred from Vietnam as part of a unit or otherwise at the convenience of the Government prior to:

(i) Serving the full period of his extension, he will be entitled to his special 30-day leave provided:

(a) He has completed or is taking his leave at the time of the transfer of his unit from Vietnam, or

(b) He has completed his prescribed tour of twelve (12) months in Vietnam, and is, in fact, actually serving his extension at the time of the transfer of his unit.

(ii) Completing his prescribed tour of twelve (12) months and prior to departing on his special 30-day leave, the extension will be considered as canceled and the member will no longer be eligible for the special leave.

(4) A member may volunteer to remain in Vietnam after his unit is transferred in order to complete his previously approved extension provided military requirements for unit integrity (see Part 75 of this subchapter) do not override such action.

(b) Eligibility criteria. To be eligible for special leave and transportation under this policy, the member must:

(1) Be permanently assigned to an Armed Forces military unit stationed in Vietnam or permanently assigned on a 12-month Southeast Asia unaccompanied tour and regularly engaged in operations in a hostile fire area. (Eligibility for special leave continues for each subsequent voluntary extension of at least six (6) months.)

(2) Agree in writing to serve in a hostile fire area for at least six (6) months

(exclusive of special leave and travel time) beyond the normal expiration of his 12-month tour. If the member's term of active service will expire (ETS) prior to completing a normal 12-month tour, the minimum time beyond ETS for which he must agree to extend, in writing, in order to be eligible for special leave and transportation is subject to the restrictions contained in § 71.3(d).

(3) For subsequent extensions and entitlements, agree, in writing, to serve in a hostile fire area for at least six (6) months (exclusive of special leave and travel time) beyond the adjusted tour length resulting from his prior extension.

(4) Reenlist or execute a voluntary extension of his term of service in any instance where he does not have sufficient obligated active duty service remaining to complete the tour extension; and

(5) Be approved for tour extension by competent military authority.

(c) Administrative instructions. (1) Round-trip leave transportation will be furnished at Government expense to the leave site selected.

(2) Mode of transportation will be determined in accordance with pertinent regulations, using the most expeditious means available. Military owned or controlled transportation will be used to the maximum extent practicable.

(3) Special leave must be taken in one (1) increment, and may not be charged or credited to leave already accrued or to leave which may accrue.

(4) Special leave shall not commence earlier than ninety (90) days before or later than thirty (30) days after the members' completion of twelve (12) months service in the hostile fire area. Where operational commitments or unusual circumstances preclude leave from being taken, the Secretary of the Military Department, or his designee, may authorize the commencement of leave up to sixty (60) days subsequent to completion of twelve (12) months service in the hostile fire area.

(5) When the member departs on special leave prior to the normal expiration of his tour of duty, the unserved portion of his normal tour will be added to the period of his extension.

(6) Leave rations are authorized for the period of special leave and authorized travel time.

(d) Restrictions. Tour extension agreements shall not be approved:

(1) If the member is serving in a temporary duty status;

(2) Where the member has not completed at least six (6) months of the prescribed 12-month tour of duty, ETS notwithstanding;

(3) Where there is no reasonable assurance that the tour extension can actually be served in the hostile fire area;

(4) In any instance where the additional period of service for which the individual volunteers plus the period of his current tour of duty totals less than eighteen (18) months, exclusive of leave and travel time.

AUTHORITY: This Part 72 is issued under the authority of Sec. 1, 81 Stat. 782; 37 U.S.C. 701(f).

SOURCE: The provisions of this Part 72 appear at 33 F.R. 6474, Apr. 27, 1968, unless otherwise noted.

§ 72.1 Purpose and scope.

This part establishes Department of Defense guidance concerning the accrual of personal leave by military personnel serving on active duty in hostile fire areas and drawing special pay under the provisions of title 37, U.S.C. section 310 (a), exclusive of leave authorized under the provisions of Department of Defense Directive 1327.3, “Special 30-day Leave," February 13, 1968.

§ 72.2 Applicability.

The provisions of this part apply to the Military Departments. § 72.3 Policy.

(a) Accrual provisions. Personnel who serve on active duty for a continuous period of at least one hundred and twenty (120) days after January 1, 1968, in an area in which they are entitled to special pay under the provisions of title 37, U.S.C. section 310(a) may accumulate ninety (90) days leave at the rate of two and one-half (22) days per month for each month of such service.

(b) Limitations. Leave in excess of sixty (60) days accumulated under this provision is lost unless it is used before the end of the fiscal year after the fiscal year in which the service in the hostile fire area terminated.

PART 74-APPOINTMENT OF DOCTORS OF OSTEOPATHY AS MEDICAL OFFICERS

Sec.

74.1 Purpose. 74.2 Policy.

In the interest of obtaining maximum uniformity, the following criteria are established for the appointment of doctors of osteopathy as medical officers:

(a) To be eligible for appointment as Medical Corps officers in the Army and Navy or designated as medical officers in the Air Force, a doctor of osteopathy must:

(1) Be a citizen of the United States; (2) Be a graduate of a college of osteopathy whose graduates are eligible for licensure to practice medicine or surgery in a majority of the States, and be licensed to practice medicine, surgery, or osteopathy in one of the States or Territories of the United States or in the District of Columbia;

(3) Possess such qualifications as the Secretary concerned may prescribe for his service, after considering the recommendations for such appointment by the Surgeon General of the Army or the Air Force or the Chief of the Bureau of Medicine and Surgery of the Navy;

(4) Have completed a minimum of (3) years college work prior to entrance into a college of osteopathy;

(5) Have completed a four-year course with a degree of Doctor of Osteopathy from a school of osteopathy approved by the American Osteopathic Association; and