Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 1 of 32

of Engineers (USACE), USASOC, the U.S. Amay and Criminal Investigation Command (USACIDC) authority have approve the use of contractor training in occupational skills for whichthey are responsible.

Chapter 2 Responsibilities Section 1 Headquarters, Department of the Army 2-1. Assistant Secretary of the Army(Acquisition, Logistics, and Technology) The Assistant Secretary of the Army (Acquisition, Logistics, and Technology) (ASA (AL&T)) will provide policy guidance to research, develop, and procure systemand nonsystem TADSS other training materials to support unit and training as envisioned in long-range CATS. addition, as the Army In Acquisition Executive, the ASA (AL&T) will-a. Through assigned PEO/PMs-(I) Provide NET funding for each assigned system in accordance with the approved operational requirements document, approved Program Baseline, and decisions madeduring the milestone reviews governed by AR70-1. (2) Coordinate NETstrategies, management, and the conduct of the NETwith AMC Managers. NET (3) Coordinate AMTpolicy issues with HQDA, ODCS,G-3 (DAMO-TR),WASH 20310-0450. DC b. Formulate and managepolicies governing the training and education programsfor ArmyAcquisition Corps (AAC)and AmayAcquisition Workforce (AAW) personnel. c. Coordinate with the Assistant Secretary of the Army (Manpower Reserve Affairs); DCS,G-3; DCS,G-I; and Chief, National Guard Bureau (CNGB); Chief, ArmyReserve (CAIn.); and Commander, PERSCOM, policy issues on governing AAC/AAW military and civilian training and education. d Coordinate with PERSCOM, U.S. ArmyReserve Personnel Command (ARPERSCOM), CNGB adminisand for tration of quotasfor leader development, certification, and functional area training coursesfor active Am~y civilian and AAC/AAW personnel. e. Act as HQDA point of contact for career development of AAC/AAW personnel. j2 Through the Director, Army Acquisition Career Management: (I) Assist the ArmyAcquisition Executive in implementing Defense Acquisition Workforce ImprovementAct (DAWIA) provisions. This includes high-quality education, training, and other career broadeningprogramsto enhance technical competencies leadership skills. and (2) In coordination with the Office of the Secretary of Defense(OSD), Director of Acquisition Education,Training, and Career Development Policy, manage and implement the ArmyCareer Development Program for AAC/AAW personnel. (3) In conjunction with OSD functional boards and functional advisors, establish and publish education, training, and experience standards for each acquisition position category and career field. Standards will be designated either mandatoryor desired. (4) Identify and publish career paths for Army military and civilian acquisition personnel. Career paths will include the mandatory desired education, training, experience, and recommended and assignmentsnecessary for progression to the most senior acquisition positions. 2-2. The Assistant Secretary of the Army(Installations and Environment) The Assistant Secretary of the Army (Installations and Environment)will provide secretariat management the for formulation, execution, and review of policies, plans, and programsrelating to the Rangeand Training LandProgram (RTLP);environment,safety and occupational health; the National Environmental Policy Act; and Land Use Requirements Studies. 2-3. Assistant Secretary of the Army(Manpower and ReserveAffairs) The Assistant Secretary of the Army (Manpower Reserve Affairs) (ASA and (M&RA)) oversees training requirements, personnel, training, and stractural considerations required to support newmateriel systems. This oversight includes system and nonsystem TADSS. addition, the ASA In (M&RA) will serve as the HQDA proponent for civilian education and training policy, and through the DeputyAssistant Secretary of the Army Civilian Personnel Policy for will-a. Formulate policies and plans governing developmentand operation of the ACTEDS related resources for and Army civilian training and education , to include(l) Training, training readiness, and training resource issues. (a) Provide operational program guidance to field units and serve as the HQDA proponent for AR691~400, chapters 410 and 412.

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 2 of 32

(11) Implement CMT within their commands.

Chapter 3 The Army Institutional SectionI Introduction

Training and Education System

3-1. Description ALCs tile principal sources of training and education for all Army are personnel. 3-2. Training proponents These would include TRADOC schools and colleges, USAJFKSWC&S, AMEDDC&S) would perform tile and and following: a. Develop courses based on established training and educationgoals and objectives as well as the duties, responsibilities, and missionstheir graduates will be assigned. b. Develop, evaluate, and train leader, tecbnicaI, and tactical tasks that focus on missions the size or type units to for which graduates will be assigned. c. Provideprogressive and sequential training. d Providepersonnelserving at the sameorganizational level with training consisting of tbe sametasks, conditions, and standards. e. Provideleader, technical, and tactical training that affords soldiers and DA civilians an opportunityto acquire the skills and knowledgeneeded to perform more complexduties and missions of greater responsibility. SectionII Administration 3-3. Courseinformation a. Information concerning Arn~ytraining courses is available through the ATRRS, established by AR350-10 under direction of the HQDA, ODCS, G-1. ATRRS a centralized management is database of individual training courses taugbt by and for Army personnel. It is available through interactive terminals at Army training MACOMs, agencies, and schools. ATRRS provides tile capability to monitor the individual training programfor all courses taught by Army schools. b. ARPRINT generated by ATRRS provides all fornlal courses of instrnction conductedby or for Arnly military personnel. ARPRINT includes training courses conducted by MACOMs, otber services, nonmilitary schools, and foreign military services. c. Deparm~ent the Army 3514 is an ATRRS-based of Pam catalog of fornlal courses offered by -Armyschools and training centers. The pamphlet provides(1) General course descriptions and information concerningcourse prerequisites, special administrative require* ments, frequencyof training, and training locations. (2) Descriptions of interservice training courses and DOD courses for Army personnel. 3-4. Training locations a. Residenttraining will be conducted centralized training sites that havethe necessaryfacilities and equipment at to support all TASS training requirements (for example, active duty Army schools and training centers). Priority for conducting resident training will be determinedby the training proponent. b. To minimize resident training, off-site training (distance learning) will be conducted locations that havetbe at resources neededto support the target population for the training. Off-site training maybe delivered in distancelearning classrooms, at the unit, at the organization, in ALCs,or at bome. c. The Army School System training battalions are autborized to teach courses which are supported by TATS courseware. d Proponent schools or responsible HQDA officials approveall waivers for class size, instructor-to-student ratios, and instmctur qualification requirements. Telephoniccoordination followed up by a memorandum requesting a waiver is required for all waiverrequests. 3-5. Conduct instruction of a. Small group instruction (SGI) is the preferred methodof conductingresident training in all leader development courses except OBC.

37

1065

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 3 of 32

(1) Officer Candidate School and WOCS commandants use SGI methodologyas peralitted by local resources. may (2) Small group leader-to-student ratios range from 1:12 to 1:16, with the exception of PLDC is conducted that 1:6 to 1:8. As an exception, manpower survey data mayvalidate a larger or smaller group size because of equipment, facilities, availability of certified instructors, or other factors. b. Small group instraction shifts the teaching methodology from "what to think" to "ho;v to fuink." This type of instruction places responsibility on tbe student throughgroupparticipation and assignments discussion leaders. Small as group instruction(I) Improvesthe leaming environmentby increasing interaction betweenand among students and the small group leader whoserves as a leadership mentor, role model, and training facilitator for students throughoutthe course. (2) Facilitates counseling, coaching, and team building. (3) Enables instructors and students to share experiences and lessons learned. (4) Fosters long-termprofessional relationships. (5) Encourages instructor tactical and technical competence. (6) Fosters self-learning througbgroup participation. (7) Improvesstudent communicative skills. c. Courses comprise leader, technical, and tactical tasks and supporting skills and knowledge that soldiers or civilians must performto accomplish their duty position requirements.Training and educationtasks will reflect the reality of operational environments. d. Conditions for conducting and evaluating training will approximateoperational environmentsfor projected peacetime and wartime missions. e. Performancestandards will equal requirements for successful performanceof tasks and related missions in projected operational environments.Standards will include requirements for students to recognize and respond to situational and condition changesby planningand executingdoctrine-basedinitiatives within the commander's intent to accomplish the assigned mission. f Training environmentswill enhancelearning, encouragestudent initiative, and require students to demonstrate high levels of discipline. The environmentmust be well defined, enforce standards, and maintain a steady focus on preparing students to lead subordinates during training, maintenance, deployment, sustained operations, and redeployment. g. Instructional materials, facilities, and equipment ",viii be used to supportrealistic training scenarios. When used, TADSS be up-to-date, available in adequate quantities, and maintained in safe and fully operable condition. will Training facilities will be maintained to ensure proper training occurs under safe conditions. Tasks tbat must be performedin the field should be trained in the field, or in a simulated field environment. h. Requestsfor exceptionsto policy or for changesin training standards established by the training proponent will be addressed to the proponent. i. Graduationor course-completionrequirements will complywitb the student evaluation plan prepared for each course. 3-6. Eligibility a. The follo;ving categories of personnel are eligible to attend Army schools and DOD sclmols operated by the Arnay: (I) Arn~ymilitary and civilian personnel whomeet course criteria and prerequisites. (2) Military personnel of other services and civilian personnel of other military departmentswhomeet course criteria and prerequisites. (3) Military and civilian personnel from other nations(a) When taking part in the security assistance program. (b) When such training is determinedto be in the best interest of the United States. (4) Personnel employedby non-DOD governmentagencies and local and State governmentagencies, on a space available and reimbursablebasis, unless other~vise specified by formal agreementor directive. (5) Industrial or research organization personnel under contract to the Government whensuch training(a) Is not othe~viseavailable. (b) Is essential for fulfillment of the contract. (6) Qualified service academyand ROTC cadets and midshipmen. (7) Foreign civilian personnel by special arrangement. (8) Family members attend or audit Army may courses of instruction on a space available basis. Approvalmust obtained from the school commandant will be based on the following conditionsand (a) Family membersbeing assigned to high terrorist threat areas mayattend the USAJFKSWC&S IndividuaI Terrorism AwarenessCourse. Spouses of commander command and sergeant major designees selected for attendance at the Precommand Course (PCC) or the Command Sergeants Major Course (CSMC), respectively, mayattend courses with their spouses at HQDA expense.

1066

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 4 of 32

(b) No additional expense will be incurred by the Army because the family member in attendance, except as is stated above. (c) The training or education is not available at a civilian training or education facility within a reasonable commuting distance (50 miles or less) of the family member'sresidence. (d) Familymembers another service student attending Army of schools will be charged user fees consistent with the provisions of DFAS-IN REG37-1. b. The PERSCOM maintain a list of active duty officers eligible for attendance at Army,joint, and other will services' schools and colleges for which they maynot apply personally. Assignmentsto these schools will be monitored ensure an order of precedencefor attendanceis maintainedand the mosthighly qualified officers attend to in the proper sequenceof their career pattern. c. Army officers will be selected for attendance at the following institutions(I) Joint colleges, including(a) NWC. (b) The Industrial College of the Armed Forces (ICAF). (c) Armed Forces Staff College. (2) Armyservice colleges, including(a) USAWC. (b) Command General Staff College (CGSC). and (c) AMSC. (3) Other courses, including(a) Inter-American Defense College. (b) Basic courses. (c) Captains Career Course. (d) Certain functional courses. (e) Schools and colleges of other services. 09 SONs, (g) Selected DOD schools, d. Officers will complete CCC Phase II as a prerequisite for attendance at any course that produces a military education level (MEL)code e. Graduatesof one resident U.S. service college are not eligible to attend an equivalent-level resident course at another U.S. service college. f Am~y graduates of the resident Air Command Staff College, the Naval College of Command Staff, or the and and Marine Corps Command Staff College will not be selected to attend any of the followingand (1) Air WarCollege. (2) College of Naval Warfare. (3) Marine Corps WarCollege. (4) Equal-level foreign military schools. g. Students normally enroll in school courses through the ATILRS. Schools will not enroll soldiers outside the ATRRS process without the approval of appropriate authorities in the soldiers' chain of command. School commandants and commanders ensure that soldiers enrolled in training meetall course prerequisites, are in compliance will with Army standards, and are provided a school welcome packet that identifies individual equipmentand materials needed for course attendance. Soldiers whoreport for training and have not met all course prerequisites will be returned to their units. h. Students must satisfactorily completeall mandatoryrequirementsidentified in the student evaluation plan to graduate from the course. Commanders ensure students are exempt from all other duties. will 3-7. Incurred obligations a. Attendanceat service schools will conformwith stability guidelines. The PERSCOM direct early termination may or extension of military duty tours to accommodate school assignments. b. Graduatesof service schools and colleges normallywill completean intervening tour of non-studentduty before attending another service school or college. c. Officers attending militsry schooling incur service obligations in accordancewith AR135-91 and AR350-I00. d. Warrant officer obligations are governed by AR350-100. e. The following are service obligations for NCOES graduates: (1) Active Army soldiers whoattend an NCOES course incur service obligations in accordance with AR61"4-200. Soldiers selected to attend an NCOES course whodo not have sufficient time in service (TIS) remaining on their enlistment must extend their term of enlistment or reenlist in accordancewith AR 61"4-200prior to departure for the

1067

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 5 of 32

(2) Soldiers serving on their second or subsequent enlistment who are selected for an NCOES course but who do not have sufficient TIS remaining and decide neither to extend their term of enlistment nor reenlist to meet tile TIS criteria will be required to complete a Declination of Continued Service Statement (DAForm 4991-R) in accordance with 601-280. (3) Personnel in tile USAR must reenlist or extend their current enlistment to satisfy the 2-year service-remaining obligation in accordance witil AR135-200. (4) Personnel in the ARNG must reenlist or extend timir current enlistment to satisfy the two-year service-remaining obligation. .f Active Army soldiers must have a minimum 12 months TIS remaining after graduation to attend the First of Sergeant Course (FSC) and the Battle Staff Noncommissioned Officers Course (BSNCOC).Army National Guard soldiers must have a minimumof 24 months in service remaining after graduation to attend the FSC and BSNCOC g. Civilian personnel attending Armyor other DOD componentmilitary and civilian training or civil schooling incur continued service obligations in accordance with AR 690-400. 3-8. Selection of soldiers and civilian personnel for training and education Selection of soldiers for leader training and education courses is linked to promotions, future assignments, and career managementmodels. Selection of civilian personnel for leader development and education courses is linked to perfurmance in current assignments, to professional and career development and progression, to ACTEDS plans and career managementmodels, and to future assignments. Selection for functional and specialty courses is linked to operational assignments that require skills and knowledge not trained in the OES, Warrant Officer Education System (WOES),NCOES,or ACTEDS courses, as applicabIe. Prerequisites for TASScourses are in DAPare 351-4 and Pare 351-20, tile ATRRS,and tile RDL, and frequently on the respective school's homepage. a. Personnel centers automatically consider officers for leader training, education, and developmentcourses as they reach appropriate grade-based career phases of their career managementmodels. b. Except as stated otherwise, selection boards convened by HQDA will select active duty officers to attend the intermediate-level schools and colleges listed below. The respective branches will nominate officers of tile AMEDD, Chaplain Corps, and JAGCto attend these schools and colleges based on quotas determined by HQDA. The CNGB will select ARNG officers and the CARwill select USAR officers not included in tim active Armyend-strength to attend the schools and colleges based on quotas provided by HQDA. Intermediate-level schools and colleges are(l) U.S. Army, Command and General Staff College. (2) Air Command and Staff College. (3) Marine Corps Commandand Staff College. (4) Naval College of Commandand Staff. (5) U.S. Army School of the Americas. (6) Foreign equivalent schools approved by HQDA,ODCS, G-3 (DAMO-SS). c. The HQDA Senior Service College (SSC) Selection Board will select active duty officers and civilian employees to attend SSCs and fellowships on a best-qualified basis. The CNGB and the CARwill select ARNG and USAR officers, respectively. The DODSSCs are(l) USAWC. (2) NWC. (3) ICAF, (4) Air War College. (5) College of Naval Warfare. (6) Marine Corps War College. (7) SSC Fellowships. (8) Foreign equivalent schools approved by HQDA,ODCS, G-3 (DAMO-SS). d. Officers may apply for either of the following: (I) Specialized schools when interest or aptitude is a factor in selection or when attendance is restricted volunteers. (2) Courses that provide training on tasks and tim supporting knowledge, skills, and experience require for a duty assignment or specialty under provisions of the Officer Personnel ManagementSystem. e. Upon announcement of a change in assignment, general officers (GO) will be scheduled for a series transitional briefings at the HQDA MACOM and levels. The briefing schedule will provide newly assigned GOswith insights into their new positions. The General Officer ManagementOffice (GOMO),schedules the briefings and provides the coordination necessary to effect this training. .f Upon completion of WOCS, warrant officers are contingently appointed to WOIand attend WOBC a final new as part of the warrant officer certification process. Personnel centers schedule warrant officers to attend the WOAC,

4o

1068

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 6 of 32

WOSC, WOSSC the same fiscal year tbat they are selected for promotion to Chief WarrantOfficer (CW)CW3, and in CW4,and CW5,respectively. g. The NCOES a functional component the EPMS. is of Underthe EPMS, training of qualified NCOs ensured the is through a combination of centralized management PERSCOM by (TAPC-EPT-FN) decentralized management and field commands. Selection for NCOES leader developmentcourses represents a considerable resource investment by the Army.It is an excellent career opportunity and advantagefor selected individuals. Therefore,individuals will be selected for these courses in accordancewitb the following guidelines: (I) Individuals must meet course prerequisites and have demonstratedhigh levels of performance,mental capacity, aptitude, and self-discipline that clearly indicate potential for continueddevelopment. (2) Individuals mustbe fully qualified to performtasks at their current skill level, be recommended their cbain by command, their personal and financial affairs in order, have required clothing and equipment, be mentallyand have and physically prepared for all course requirements. h. Enlisted soldiers whohave been selected for promotionand are performingin, or pending assignmentto, duty positions for whicb the training is designed will be scheduled to attend NCOES courses. Attendance will be on a priority basis as allocations become available. The followingtcaining priorities ensure that the NCOES the needs meets of the Armyand the development needs of the NCO: (1) Thefirst priority is for soldiers who have beenselected for promotion are performing duty positions for and in wbichthe training is established. (2) The secondpriority is for soldiers wbohavebeen selected for promotionand are pendingassignmentto a duty position in their primary MOS wbicbthe training is established. for i. Unit commanders select specialists (SPC)for promotion sergeant (SGT).Tbis selection serves as notification to for attendanceat PLDC. Individuals are placed on the OrderOf Merit List (OML), whichgoverns the timing for course attendance in accordancewith the priorities described in paragrapb 3~-5bof this regulation. j. Soldiers recommended promotion to staff sergeant (SSG) will be automatically added to the BNCOC for Automated Reservation System to be considered for attendance to BNCOC. Commander,PERSCOM The will maintain a worldwide OML schedule these soldiers for BNCOC. and k. A math pretest (commonly knownas the BNCOC test) must be successfully completed before attending math courses I lC and 12B. The pretest should be administered at the soldier's homestation by the servicing AEC with geograpbic responsibility~Tests shouldbe administered early enough allowthose that fail sufficient time to enroll in to math-related remedial instruction at the AEC. L Tbe PERSCOM centrally managesActive Army soldier selection for, and schedules attendance at, the ANCOCs and the SMC. m. Unit commanders select and submit requests through command channels for soldiers to attend FSCand BSNCOC. Centralized school managersat the installation, division, or MACOM approve requests and input information into ATRXS the classes for wbich their headquarters have received allocations from HQDA. for n. Reserve Component commanders the same criteria as tbe Active Army select and schedule soldiers to use to attend NCOES courses. (I) WithinARNG, soldiers selected for promotion,or those whomust become only qualified at their current grade to be eligible to attend the next level of NCOES attend NCOES will courses. Priorities are estublished by DAPam ~J, 351 and selectees must meet the course prerequisites and standards outlined in the pamphlet. (2) The CNGB selects and schedules ARNG soldiers to attend the SMC. Director, Full TimeSupport ManageThe ment Directorate selects and schedules USAR soldiers. The Commander,ARPERSCOM, AGR selects and sche (3) Tbe HQDA central selection board also selects USAR soldiers to attend BNCOC ANCOC. and (4) State Adjutants General; commanders major subordinate commands;and the Commander, of ARPERSCOM, will select and schedule RCsoldiers for all other NCOES dules IMA IRKsoldiers. A HQDA and central selection board selects all other USAR soldiers, courses. 3-9. Physical fitness andheight andweight requirements for military institutional training Policy governingthe Army Pbysical Fitness Program in cbapter l. Chapter 4 provides guidancefor physical fitness is training in units. This paragraphprovidespolicy concerning physical fitness and height and weightstandardsapplicable to institutional training. a. Soldiers attending institutional training courses must meet the heigttt and weigbt standards in AR 600-9 and the physical fitness standardsof this regulation. b. Within72 hours of enrollment, soldiers must take and pass a APFT (standard or approvedalternate) administered at the schools for the following functional and professional developmentcourses: PLDC, BNCOC, ANCOC, RC (for BNCOC/ANCOC I Common Phase Leader Training only), BSNCOC, FSC, Sergeants Major Non Resident Course, CSMC, WOCS, WOAC, WOSC, OCS.Soldiers enrolling in WOCS OCSmust take and pass the standard threeand or event APFT an enrollmentrequirement;the alternate APFT not autborized. Soldiers failing this initial APFT as is will be considered ineligible for enrollment in OCS WOCS and training. For OCS,soldiers will be allowed one retest with a subsequentclass. Soldiers failing the secondAPFT be consideredineligible and mustreapply for OCS will selection. - " n anril 2003 41

1069

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 7 of 32

For WOCS, retest will be providedwithin 7 days after the failure. Soldiers failing the retest will be considered one disqualified for enrollment and will receive a nonacademic dismissal for failure to meet APFT standards. c. The CG,TRADOC, recommend wilI physical fitness standards for entry into drill sergeant, airborne, and ranger courses; Special Forces assessmentand selection, and other schools requiring separate physical fitness standards to HQDA, ODCS, G-3, for review and approval. Soldiers whofail to meet these standards will be denied enrollment and returned to their unit of assignment. d Soldiers attending order professional development courses not mentioned paragraph3-8b of this regulation, in in either a PCSor TDY status (for example: the SMC, CCC,CGSC, USAWC, any other resident courses 8 weeks or and Ionger) must take and pass the APFT graduate. This includes RCin AT,ADT, to and/or IDTstatus. Thosewhofail to pass the standard or approvedalternate APFT will not graduate. Other courses and alI resident courses not mentioned that are fewer than 8 weeks may require passing the APFT for graduation wifu HQDA, ODCS, G-3 (DAMO-TR), approval. The APFT requirement is waived for personnel whose profile prevents them from taking the APFT or alternate APFT during file course (for example,pregnant soldiers). The requirementsoutlined in paragraph3-8b and this paragraphdo not apply to schools conductingMOS reclassification courses. The MOS reclassification courses are designed for reclassification purposes only and have non-MOS specific common tasks deleted by the proponent. core Soldiers attending reclassification courses have completedlET and do not need to repeat basic soldier training. e. Members other military departmentsmust meet their service's physical fitness standards whenattending an of Army course of instruction, except for specialized courses such as airborne, ranger, and Special Forces courses where they will be required to nmetthe samestandard as soldiers attending those courses. f Physical fitness and weightstandards do not apply to civilian personneland foreign students. Thesestudents may participate in physical fitness programson a voluntary basis. Failure to achieve the minimum passing score on the physical fitness test ~vill not be noted on the academic report, but voluntaryparticipation and passing test scores may be noted. g. Personnel whodo not meet height and weight standards are not authorized to attend professional development schools. Soldiers whodo not meetfitness standards are not eligible to attend courses identified in paragraph3-8b. Soldiers scheduledto attend professional development schools will be screenedprior to departing their home stations or losing commands. soldiers' height and weight, the word"pass" if they are within standards, and the date of the last The successful APFT will be recorded on their TDY orders or on their PCSpacket. Soldiers whoexceedestablished weight standards or whofailed to achieve minimum passing standards on their last APFT will not be allowed to depart their command until the unit commander determines they meet height and weight and physical fitness standards. h. When soldiers attend other professional development courses not mentioned paragraph3-8b, in either a PCSor in TDY status (for example, SMC,CCC,CGSC,USAWC, any other resident courses) school commandantsand and commanders will weight students prior to course enrollment. Students whoexceed established body composition standards will not be enrolled and will be processed in accordance with AR600-9 and paragraph 3-9 of this regulation. i. ReserveComponent soldiers attending training during the inactive duty phase will take the initial APFT within 72 hoursof enrollment.If the soldier fails this initial APFT, the soldier will be providedone retest not earlier than then day six nor later than day sevenof the POIafter the initial APFT. the soldier fails the retest, then the soldier will If receive nonacademic dismissal for failure to meet APFT standards. 3-10. Enrollment denials for failure to meet height and weight requirements and nonacademic dismissal for failure to meet APFTstandards Schoolcommandants commanders and ,,viii take the followingactions for soldiers denied enrollmentfor failing to meet height and weight standards and nonacademic dismissal for failure to meet APFT standards: a. Active Army soldiers. (1) Soldiers in TDY return status will be returned immediatelyto their unit of assignment. Commandants and and commanders immediatelysend a memorandum the soldier's unit commander addresses the soldier's denied will to that enrollment or nonacademic dismissal. The unit commander initiate actions to include flagging and removingthe will soldier from HQDA selection lists and local order of merit lists, as applicable. (2) Soldiers in a TDY enroute status will be attached to the installation pending clarification of assignment instructions for the follow-on assignment. The school commandant notify PERSCOM soldier's ineligibiIity will of the for schoolingand request clarification of assignment instructions. Thegaining unit commander initiate actions to wiI1 include flagging and removing soldier from HQDA the selection lists and local order of merit lists, as applicable. The losing command reimbursethe gaining command all travel related costs incurred for the purposeof training in will for conjunction with a PCS. (3) Soldiers in a PCSstatus will be attached to the installation pending assignmentinstructions. The school commandant commander or will notify PERSCOMthe soldier's ineligibility for training and request assignment of instructions. The school commandant commander initiate actions to include flagging and removing soldier or will the from HQDA selection lists and Iocal order of merit lists, as applicable. b. Army National Guard.

42

~ A

1070

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 8 of 32

(1) Title 32 and Title I0 AGR soldiers in TDYand return status will return to flleir home stations. School commandants and commanders will forward a memorandum addressing all Title 32 soldiers" enrollment denial or nonacademicdismissal to the Adjutants General of the states concerned. Commandants commanders and ;',,ill for, yard a memorandumfor Title 10 AGRsoldiers, to the CNGB,AT'I-N: NGB-ARZ-T. (2) Title 32 soldiers in a TDY enroute status will immediately return to their homestations. School commandants and commanderswill forward a memorandum addressing the soldiers' enrollment denial or non-academic dismissal to the Adjutants General of the states concerned. Title 10 AGR soldiers will proceed to their next permanentduty station. School commandants and commanders will forward a memorandum to the CNGB, ATTN: NGB-ARP-T. (3) Title 32 AGR soldiers in PCSstatus will return immediately to their home stations. School commandantsand commanderswill forward a memorandum addressing the soldiers' enrollment denial or non-academic dismissal to the Adjutants General of the states concerned. Title I0 AGR soldiers will be attached to the Office of tbe Senior ARNG Advisor at the installation pending receipt of assignment instructions from NGB-ARZ-T. c. U.S. Army Reserve. (1) Soldiers in TDY and return status will return to their homestations. School commandants and commanderswill forward memorandums addressing enrollment denial or non-academic dismissal of USAR Title 10 AGR soldiers, to the Commander, ARPERSCOM, ATTN: ARPC-ARO (for officers) or AI12C-ARE(for enlisted soldiers) and to the first general officer in the soldier's chain of command.Commandants and commanderswill forward a memorandum the to first general officer in the chain of command USAR soldiers. Commandants of TPU and commanderswill forward the memorandum to the Commander, ARPERSCOM, ATTN: ARPC-OP(officers) or ARPC-EP(enlisted soldiers), IMA and IRR soldiers. (2) Those Title 10 AGR soldiers in a TDYen route status will proceed to their next permanent duty station. Commandants and commanders will forward a memorandum to the Commander, ARPERSCOM, ATTN: ARPC-ARO (officers) or ARPC-ARE (enlisted soldiers). In addition, commandantsand commanderswill immediately notify soldier's gaining organization. (3) Commandants and commanderswill immediately report soldiers in PCSstatus who are denied enrollment to the Commander, ARPERSCOM, ATTN:ARPC-ARO (officers) or ARPC-ARE (enlisted soldiers), as available for assignment. Soldiers will be attached to the Office of the Senior USAR Advisor at the installation pending receipt of assignment instractions. d. School commandants and commanders will report all Active Army, except JAGC and AMEDD, enrollment denials and removal actions electronically to Commander, PERSCOM, ATTN:TAPC-(appropriate career branch). Enrollment denials for JAGCand AMEDD courses will be reported to TJAGand TSG, respectively. Provide the following information for all denials: (1) Name and grade. (2) Social Security number. (3) Date of denial or removal. (4) A brief synopsis of the reason for denial or removal. 3-11. Physical profiles a. Soldiers with temporary profiles that prevent full participation in a TDY course ;:,ill be removed from school attendance consideration by their immediate commanderuntil the temporary profile is removed. b. Soldiers with a permanent designator of "2" in the physical profile must include a copy of DAForm 3349 (Physical Profile) as part of the course application. They will be eligible to attend appropriate courses and train within the limits of their profile provided they can meet course graduation requirements. c. Soldiers with a permanent designator of "3" or "4" in their physical profile must include a copy of DAForm 3349 and the results of their Military Medical Review Board (MMRB) part of the course application. Soldiers who as have been before a MMRB, awarded medical limitations, and allowed to retain their occupational classification will be eligible to attend appropriate courses and train within the limits of their profile provided they can meet course graduation requirements. d Soldiers receiving temporary or permanentphysical profiles limitations after enrolling in resident training courses will be evaluated by school commandants and commanders for continued enrollment. Soldiers who(1) Havemet, or will be able to meet graduation requirements, will continue to be trained within the limits of their profile. (2) Are unable to meet graduation requirements will be returned to their units and may, if eligible, be enrolled in later course. 3-12, Course credit a. Individuals may qualify for the following types of course credit: (I) Constructive credit may be granted in lieu of course attendance based on duty-assignment history and past academic experiences. Individuals must possess the same skills and qualifications as course graduates.

1071

43

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 9 of 32

(2) Equivalent credit maybe granted in lieu of course attendance based on assignmentas a course faculty member. Individuals must possess the same skills and qualifications as course graduates. b. Personnelawardedconstructive or equivalent course credit will be consideredfor promotion, assignment,or other personnel actions on the same basis as graduates of the course concerned. c. Requests for credit will include an outline of the individual's prior leadership and technical training and experiences with supporting documentation attached to DAForm4187(Personnel Action). Individuals will submit the request through command channels and furough the course proponent for approval by the appropriate personnel command, follows: as (i) Active Army: Commander,PERSCOM, ATTN: TAPC-OPB-D (officer and warrant officer courses) or TAPCEPT-FN(NCOES courses). (2) U.S. Army Reserve: CAR, ATTN:DAAR-OP-T. (3) ArmyNational Guard: CNGB, ATTN: NGB-ART-I (officer and warrant officer courses) or NGB-ARP-E (NCOES courses). d Noncommissioned officers promoted their current rank prior to 1 October1992are considered qualified in the to NCOES course commensurate with that rank. Soldiers promotedto the rank of Sergeant Major before I October 1992 and appointed as Command Sergeants Major after l October 1992 must complete SMC. e. Individuals will be granted credit for successfully completinginstitutional training conducted either througha TASS training battalion, a proponentresident school, or distance learning whenthe conditions listed beloware met. Course-completion documentation individuals' records will not identify howinstruction is presented or learning in acquired. (1) Instructors are proponent certified. (2) Proponent-developed,-certified, and -approved TATScourseware is used. Reserve Component soldiers will receive credit for successfully completingproponentdeveloped, certified, and approvedcourses using ReserveComponent Configured Coursewareuntil TATS courseware is fielded. 3-13, Training evaluation and quality assurance a. Army training and educationevaluation and quality-assurance programsapply to training courses, products, and institutions. Through systematic collection and analysis of user feedbackconcerning effectiveness of training, the the these programsprovide a foundation for assessing performance deficiencies and identifying successful initiatives. b. Training and training developmentproponents will conduct evaluations to: (1) Verifythat the training development processresults in training materials that reflect current doctrine, organizational structures, and materiel systems. (2) Assess the capabilities of course graduates to do the tasks they were trained to do. (3) Evaluatethe effectiveness of their training products. 3-14. Accreditation programs Army schools will be accredited in accordancewith this regulation, CJSI 1800.01, and accreditations provided by civilian educational institutions. 3-15. Postcourseevaluation and training records a. Each studentwill beaffordedthe opportunity submit evaluation the course to an of upon completing training. the b. Individual-student training records will be maintainedfor at least 12 monthsafter the completionof training. These records will include(l) Academic evaluation sheets. (2) Student observation reports. (3) Counselingrecords. (4) Leadershipposition evaluations. (5) APFT results. (6) Other student performanceevaluations. (7) AcademicEvaluation Report (AER) (DAI059/-I/-2). c. Noentry will be madeon student training records that indicates the course wastaken in residence or by distance learning. 3-16. Student recognition Student recognition, other than for precommissioning training wherepolicy is prescribed by AR145 I, will be governed as follows: a. Diplomas certificates of completion or will be issued to all students on successful completion courses listed in of the ATRRS. issuance of diplomas to ROTC The cadets is governed by policies of the respective colleges and universities.

44

AR 3,'

1072

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 10 of 32

(1) Diplomasand certificates will include the student's full name,grade, and complete course or phase title. (2) Diplomas certificates issued will not reflect "nonresident," "ReserveComponent," otber similar remarks, and or to preclude resident courses or courses taught at Active Army schools from being recognizedmorefavorably than other (3) Certificates of equivalent knowledge be issued, at the discretion of the appropriate school commandant may commander, otber military personnel whenthe required level of knowledge been demonstratedbased on tests or to has other appropriate means. (4) Coursecompletionwill be recorded in military and civilian personnel records in accordancewith AR600-8-104 and AR690~,00. (5) DA Form (Certificate of Training) will be issued in original copyonly to soldiers whosuccessfully complete 87 BNCOC (Phase I), ANCOC (Phase I), and CCC (Phase I). Soldiers who complete BNCOC (Phase II), ANCOC II), and CCC (Phase I1) will be issued diplomas. (See para 3-26 for CCC exceptions.) (6) Nocertificate will be issued for individuals failing to achieve course completionrequirements. (7) Certificates of completion be awarded military and civilian students of other nations receiving training may to accordance with AR12-15. b. For AMEDD functional and NCOES courses, the TASS regions will report graduation data in accordance with the timelines established in ATRRS policies and regulations. Tbe AMEDDC&S determine the modules, subwill courses, and tasks completedand prepare diplomas or certificates of completion, as appropriate. c. Schools conducting AIT, OSUT, occupational reclassification training will certify tbose tasks successfully or completedby the student using DA Form5286 (Individual Training Record, Basic Training (BT), Advanced Individual Training (AIT), One Station Unit Training (OSUT). c£ Course credit and retirement points, as established by ARI40-1 and AR140-185, will be awardedRCpersonnel for successful course completion. e. The American Council on Education(ACE)evaluates resident and nonresident service school courses in terms academiccredit. Soldiers (in accordance with AR621-5) and civilian employeesseeking academicrecognition for service school courses will furnish documents specified in the ACE guide to the civilian school from whicbthey want credit. AR621-5 also requires that eligible soldiers receive transcripts documenting their military training and experience, along with the recommended college credit, in accordancewith the Army/American Council on Education Registry Transcript System. Army EducationCenter personnel will assist soldiers in obtaining recognition for nontraditional learning from civilian schools. Civilian schools determineACE credit recommendations the number and of hours to be credited. 3-17, Academic Evaluation Report a. Amay students completingleader training, education, and development courses will be evaluated in accordance with AR623-1, using the appropriate AER form for service school, civilian institution, or SSC(DAForm1059 (Service School Academic Evaluation Report), DA Form1059-1 (Civilian Institution Academic Evaluation Report), DAForm1059-2 (Senior Service College Academic Evaluation Report), respectively). (1) The AER provides a qualitative and quantitative assessmentof student's abilities. Therefure, input is required from all instructors and evaluaturs whohave bad professional contact with the student. (2) En~eswill reflect tbe student's perfurmance potential for absorbingbigher levels of training, education, and and developmentand performingmore complexduties with greater responsibilities. School commandants commanders and will ensure the objectivity and accuracy of AER ratings and supporting comments. Standardcomputergenerated entries are not autborized. Comments DAFormI059s will match those found on the soldier's developmentalcounseling on form. (3) Graduates will be provided a copy of their AER. b. Military students of otber nations will be evaluated in accordancewith AI~12-15~ c. The AER will not be issued to CCC students until completionof both phases. (See para 3-26 for exceptions.) d. Civilian students completingcourse workand programsother than leader development courses will be evaluated on forms and by methodsapprovedby each institution= Evaluations will be used as input to the student's official performance rating in accordancewith approved performance plan objectives during the rating period that the training occurred. 3-18. Student dismissal a. Undercertain conditions, students maybe dismissedfrom courses before course completion. To protect students from unfair, illegal, or prejudicial practices, school commandants commanders publish policies and establish and will procedures to determine if students should be dismissed from training. b. Students maybe considered for dismissal from courses for the following reasons: (1) Personal conductis such that continuancein the course is not appropriate (for example,if a student violates regulations, policies, or established discipline standards). Noformaladjudicationof guilt by a military or civilian court

45

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 11 of 32

or by a commander under Article 15 of the Uniform Codeof Military Justice (UCMJ) necessary to support dismissal is under this paragraph. (2) Negativeattitude or lack of motivationis prejudicial to the interests of ofl~er students in the class. (3) Academic deficiency demonstratedby failure to meet course standards or lack of academicprogress that makes it unlikely that the student can successfully meetthe standards established for graduation. (4) Failure to pass the APFT maintain body composition fat standards. or (5) Illness or injury (as determinedby a physician), or addedphysical profile limitation. (6) Compassionate reasons. c. In establishing student dismissal procedures: (1) Ensurefair and equitable processes to adjudicate individual cases. (2) Adhereto Army policies and standards. (3) Inform students of the course and training completion requirements prior to the start of the training and education. (4) Obtain servicing OSJA review of dismissal procedures prior to promulgation. d Students being considered for dismissal must be counseledby the chain of command (usually the assigned trainer or small group leader, the course manager,and the school commandant commander, a designated representative or or whohas direct responsibility for the course) prior to dismissal. Counseling sessions will be documented signed by and all counselors and acknowledged the student. All counseling forms will be maintainedwith the student's records. by Additionally, the school commandant designated representative will notify the commander the student's parent or of unit or parent organization, whenpossible. e. The followingproceduresapply in cases wheredismissal is consideredfor motivational, disciplinary, or academic reasons: (1) The ~aining supervisor will notify the student in writing of the proposedaction, the basis for the action, the consequences disenrollment, and the right to appeal. Thesupervisor will advise the student that any appeal mustbe of submittedwithin 7 duty days after receipt of the written notification of the dismissal action. Appealswill be submitted to the school commandant commander. or (2) The student will acknowledge endorsement by within 2 duty days receipt of the written notification of dismissal action. The endorsementmust indicate whether or not the student intends to appeal the dismissal action. (a) Appealswill be forwardedto the school commandant commander ;vii1 refer the proposedaction and the or who appeal to the JudgeAdvocate determinelegal sufficiency of tlm dismissal decision. All appellate actions will become to part of the student's case file. Commandants commanders and will maketheir final decision on dismissals after considering the supporting staff Judge Advocate'srecommendation. cases wherea Judge Advocate not available, In is the commandant commander or will for~vard appeals to the commander has General Court Martial Convening who Authority (GCMCA) review and final decision. for (b) Students whoelect to appeal will remainactively enrolled in the course pendingdisposition of fl~eir appeals. f. Dismissals for misconduct,lack of motivation, academicdeficiency, or failure to maintain physical fitness or height and weight standards will be recorded on the individual's AER,if applicable, in accordancewith AR623-1. (1) In accordancewith AR600-8-2, officers, warrant officers, and enlisted soldiers disenrolled for disciplinary reasons maybe flagged. Enlisted soldiers disenrolled for misconduct be barred from reenlistment in accordance may with AR601-280 and AR140-11 I. Commanders initiate separation proceedings in accordance with AR635-200, may AR600-8-24, AR135-175, and AR135-178. (2) Disenrollment illness, injury, compassionate for transfer, or other reasons beyond control of the individual the will be made without prejudice. The school commandant commander or will provide a written statement to the student's unit or organizationstating the reasonfor temfinationandthat the studentwill be eligible to re-enroll as soon as conditions that led to disenrollment no longer exist. (3) Soldiers disenrolled from PLDC disciplinary or motivational reasons will not be eligible for further NCOES for training for a period of 6 months.Soldiers dismissed for failure to meet APFT standards or denied enrollment for failure to meet bodycompositionstandards maynot reenter the course for a period of 6 monthsfrom the date of the dismissal or enrollment denial. (4) Soldiers disenrolled from PLDC academicdeficiency mayapply to reenter the course whenboth fl~e unit for commander the school commandant and determine that the student is prepared to complete the course. Soldiers disenrolled from BNCOC other than compassionateor medical reasons maybe reconsidered for course attendance for once they reappear before the local promotionboard. Soldiers disenrolled from ANCOC other than compassionate for or medical reasons maybe reconsidered for course attendance by the HQDA selection board. Soldiers disenrolled from the U.S. Army Sergeants Major Academy (USASMA) any reason other than compassionateor medical reasons will for not be eligible to re-enter the course. The school commandant notify the soldier's career management will branch of the recommendation the soldier be rescheduledfor traifling for those courses whereschedulingis accomplished that by PERSCOM. (5) Soldiers eliminated from NCOES later re-enroll must take the complete course. who

46

AR350-1¯ 9 April 2003

1074

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 12 of 32

(6) Students dismissed from training for academicdeficiency maybe considered by their chain of command for retraining in their present occupationalspecialty or training for reclassification in anotheroccupationalspecialty. (7) Army National Guardsoldiers eliminated from NCOES courses for other than compassionateor medical reasons maynot attend another NCOES course unless selected by a subsequent promotion selection board. (8) Army National Guardsoldiers disenrolled from SMC not re-enter the course. may g. The UCMJ not apply to ARNG does soldiers on full-time training duty under Title 32, U.S. Code. Accordingly, school commandantsand commanders will forward an ARNG soldier's case to the state Adjutant General for appropriate disposition. h. Schoolcommandants commanders ensure student records are completeand audit trails are maintainedfor and will all personnelactions. ,( School commandants commanders and will ensure student records are complete and that audit trails for all personnel actions are maintained. j. Schoolcommandants commanders report all active duty Army dismissals and enrollment denials to: and will NCO CG, PERSCOM, ATTN: TAPC-EPT-FN, Stovall Street, Alexandria, VA22332-0400. Upon completion of the DA 200 Form 1059, commandants commanders and will fonvard a copy electronically to the NCOES Branch, PERSCOM. The following information will be provided: (1) Full nameand curcent grade. (2) Social Security Number. (3) Date of enrollment denial or dismissal. (4) Completeaddress of the student's unit of assignment. (5) Abrief synopsis of the reason(s) for enrollment denial/dismissal. /~ The school will makean appropriate ATRRS entry on all students dismissed from courses within three duty days of the day the dismissal is approved. L Dismissal of RCsoldiers in IADT,ADT, AGR and status will be reported to the CAR USAR for soldiers, the CNGB ARNG Title 10 soldiers, and the appropriate state Adjutant General for other ARNG for AGR soldiers. If appropriate, school commandants commanders and shall coordinate with fue CAR the relevant state Adjutant or General to ensure that the dismissed RCsoldiers are properly released from active duty or full-time National Guard duty, as appropriate. m. The Commandant, CGSC, wilI disenroll students from the nonresident CGSOC under the following conditions: (1) Students transferred to inactive status unless they voluntarily request to continueparticipation in the course accordance wifu AR140-10. (2) Students whoresign or are discharged from the service. (3) Students whobecome academicfailures or whofail to complete the academicrequirementsof the course within 36 months. These students will be permanentiydisenrolled. (4) Students found to have been enrolled based on false information regarding eIigibility criteria. (5) Students whofail to complywith the college's published ethical standards. (6) Students whorequest disenrollment for compassionatereasons. (7) Students whorequest disenroIlment. n. Students enrolled in the USAWC Distance Education Course maybe disenrolled by the Commandant, USAWC. Normally,disenrolled students may apply for re-enrollment or reinstatement, except as stated below. Students may not be disenrolled-(I) For cause. (2) For academic failure or lack of academic progress. When student falls behindin the course to the extent that, a in the judgmentof the commandant, there is insufficient time remaining before each summer resident phase to complete the year's work. (3) At the student's request. Students wit! send requests for voluntary disenrollmentdirectly to the Commandant, USAWC, Carlisle Barracks, PA 17013-5050. o. A student whohas been disenrolled from the USAWC Distance Education Course maybe enrolled into another SSCprogram or may be reinstated at the USAWC Department of Distance Education only under the following circumstances: (I) The student is applyingfor enrollmentin another status, such as a civilian employee versus a military member. (2) The student's original disenrollmentwasvoluntary and not the result of a lack of academic progress, failure maintain academicstandards, or misconduct. (3) The student receives no constructive credit for any previously completed work. p. When dismissal of a military student of anothernation is contemplated, completereport will be submittedto the a TRADOC Security Assistance Training Field Activity, Fort Monroe,VA 23651-5000.Final authority for dismissal of military students of other nations rests with the CG, TRADOC accordance with ARI2-15. in

47

1075

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 13 of 32

3-19, Removalfrom selection lists Soldiers and civilians may removed be fromcourse selection lists for disciplinary reasons or substandardperformance of duty. The following procedures apply : a. Removalaction may be initiated by any commander the individual's chain of command. in b. A removal action must contain a statement that the individual has been(i) Notified in writing of the proposedaction. (2) Informed of the consequencesof removal. (3) Affordeda reasonableperiod of time (generally not fewerthan 5 duty days after receipt of the notification) whichto submit a rebuttal. c. The decision concerningremovalaction will be madeby an officer exercising GCMCA the soldier after that over officer has considered any timely submitted rebuttal. d. The unit of assignment will report approved removal actions on active duty personnel to PERSCOM, ATTN: TAPC (appropriate career branch), 2461 EisenhowerAvenue, Alexandria, VA22331.-0400. Report USAR removals Commander, ARPERSCOM, AI~PC ATTN: (appropriate career branch), 9700 Page Ave., St. Louis, MO 63132-5200. Report ARNG removals to CNGB, ATTN: NGB-ARP, I I S. George MasonDr., Arlington, VA20244-1382, and the I respective state Adjutant General. The fulIowing infurmation will be provided by electronic means: (1) Nameand grade. (2) Social Security number. (3) The list from which the soldier is removedand the date of removal. (4) A brief synopsis of the reason(s) for removal. e. Removal actions for civilians will be decided by the commander the employee'sparent organization. of 3-20. Deferment Soldiers and civilian employees selected to attend courses will attend the class for whichselected, unIess deferred by the selection authority. Thereare three categories of deferment: compassionate, medical, and operational. Civilians will follow proceduresapplicable to the specific course and local proceduresto request deferment. Soldier requests for deferment under each category will be processed in the following manner: a. Compassionate defernaent-(I) Soldiers selected to attend NCOES courses in a TDY-enroute-to-PCS status whorequest deferment for compassionate or emergencyreasons will submit the request and supporting information through command channels to PERSCOM, ATTN: TAPC (appropriate career branch), 2461 Eisenhower Ave., Alexandria, VA22331-0400. Warrant officers selected to attend WOES courses will submit requests for deferment to PERSCOM, ATTN: TAPC-OPW-D. (2) Requests for compassionate deferment for soldiers attending ANCOC BNCOC or courses in TDY-and-return status will be submitted through command channels to PERSCOM, ATTN: TAPC (appropriate career branch) for ANCOC TAPC-EPT-FN for BNCOC. or (3) Requestsfor defermentfor active duty personnel selected to attend the SMC be submitted throughcommand will channels to PERSCOM, ATTN: TAPC-EPT-FN. (4) Students enrolled in the Sergeant Major Nonresident Course mayrequest deferment to a later class in the resident phase (see para 348) for emergency medical reasons. Requests for deferment will be fo~vardedthrough or command channels to the CNGB: NGB-ART-I the CAR,as appropriate. or (5) Students enrolled in the USAWC Distance Education Course maybe deferred for compassionatereasons from participating in the resident please for exceptional circumstances. However, student wilI be required to attend both the resident phases the following year. Requests for defermentwill be for~varded through command channels and through the Chairman, Department of Distance Education, USAWC, Carlisle Barracks, PA17013-5050, and to(a) The Commander,PERSCOM, ATTN:TAPC-OPB-D, Stovall Street, Alexandria, VA22332-0400, for 200 Active Army officers. (b) Chief, National Guard Bureau (NGB), ATTN:NGB-ART-I, South George MasonDrive, Arlington, VA 111 22204-1382, for ARNG officers. (c) Chief, Army Reserve, ATTN: DAAR-PE-P, 2400 Army Pentagon Washington, DC20310-2400, for USAR officers. (6) Requestsfor compassionate deferment will be reviewedto determineif they meet the compassionate assignment criteria outlined in AR614-200. b. Medical deferment-(7) Deferment medical reasons maybe requested whenthe individuaI's physical condition will not allow full for participation in the selected course. (8) Medicaldefermentswill be processedfollowingthe proceduresfor enrollmentdenials outlined in paragraph3-9. Soldiers receiving a medical deferment will be eligible for enrollment whenthe condition leading to the medical defermentno longer exists. c. Operational deferment-48

1076

Case 1:00-cv-00644-NBF

Document 114-21

Filed 07/18/2005

Page 14 of 32

(1) Operationaldefermentwill only be granted for unit deployments. Enlisted soldiers maybe deferred one time for operational reasons by any commander the grade of colonel or higher. The reason for defemmnt in will be provided to PERSCOM, ATTN: TAPC-EPT-FN, Stovall Street, Alexandria, VA22332-0400, in accordance with instvactions 200 on the Standard Trainee Management System Roster Letter of Instruction. (2) Subsequent requests for operational defenaaent mustbe fully justified by the first general officer in the chain command submitted directly to PERSCOM, and ATTN: TAPC-EPT-FN. request may be disapproved at any level The in the MACOM chain of command. (3) Officers mayrequest operational deferment from the CGSOC SSCs. Requests will be submitted through and command channels to the CG, PERSCOM, ATTN: TAPC-OPB-D, approval. The CG, PERSCOM grant up to a for can one year deferment. (4) Deferment requests for USAR personnel will be for~varded through command channels to the CAR,ATTN: DAAR-OE. (5) Defermentrequests for ARNG personnel will be forxvarded through command channels to Chief, NGB,ATTN: NGB-ART-I, South George MasonDrive, Arlington, VA22204-1382. III 3-21. Declinations a~ Declinations from WOES courses will not be favorably considered. b. Declinations from NCOES courses will not be favorably considered for Active Army soldiers. Soldiers must submit a DA Form499I-R in lieu of attending NCOES courses. In accordancewith AR635-200, soldiers selected to attend the SMC conjunction with a PCSwhodecline to attend and wire have more than 19 years and 6 months in active Federal service mustsubmita retirement application within 30 days of notification of selection. Theretirement date will be no later than 6 months fromthe date of notification of selection. Declinationstatements mustbe forwarded to PERSCOM, ATTN: TAPC-EPT-FN. a declination is received at PERSCOM, Once conditional promotions to SSG and sergeant first class (SFC)wilI be revoked.Additionally,the names soldiers on the standingpromotion of list or the centralized promotionlist whosign a declination statement will be removedfrom those Iists. c. Active Armyofficers declining the CGSOC SSCswill forward statements of declination through their or respective career branch to the CG,PERSCOM. officers will be removedfrom any future consideration for the The d. Civilian employee, ARNG, USAR and declinations will be processed under procedures established by the ASA(M&RA), CNGB, and CAR, respectively. 3-22. Initial entry training Initial entry training provides orderlytransition fromcivilian to military life. It is the beginning the soldierization an of process and teaches soldiers the tasks and supportingskills and knowledge neededto performduties at dmfirst unit of assignment.Initial entry training producestechnically and tactically competent soldiers who live by the Army's values and are preparedto take tbeir place in the ranks of the Army.Initial entry training includes the OBC, Basic Combat Training (BCT), AIT, and OSUT which includes both BCTand AIT. Graduates of AIT or OSUT will meet the standards of AR611-1, AR600-9, and FM21-20. Nonprior service RCpersonnel receive IADT prescribed by AR as 611-1. Section III Officer Training and Education 3-23, The Officer Education System a. Thegoal oftbe OES to producea corps of leaders who fully competent technical, tactical, and leadership is are in skills, knowledge, and experience; are knowledgeableof howthe Army vans; are prepared to operate in joint, integrated, and multinationalenvironments; demonstrate confidence,integrity, critical judgment, responsibility; can and operate in an environment complexity, ambiguity, and rapid change;can build effective teams amidorganizational of and technological change; and can adapt to and solve problems creatively. Officer leader development a continuous is process that begins witb precommissioning training and education. (1) The OES prepares commissioned officers for increased responsibilities and successful performance the next at higher level It provides precommissioning, branch, functional area, and leader-development training that prepares officers to lead platoon, company, ba