in the next 12 months does not bar waiver consideration.

(vi) For prior service personnel. Although the applicant must reveal all offenses committed, only those require a waiver that are committed during and/or subsequent to the last period of honorable service, and/or those not previously revealed. For Reserve Component personnel of any Service, waivers are required for all offenses shown that require a waiver, whether or not a waiver was authorized for entry into the Reserve Component. Waivers granted to enter the Reserve Components are not valid for Regular Army enlistment.

(d) Waiting period. The waiting period following release from civil restraint gives the individual an opportunity to demonstrate a satisfactory adjustment and the Army a basis to judge the applicant's rehabilitation before enlistment.

(e) Required investigations. If the applicant does or does not admit a record (to include arrests, charges, juvenile court judgments, and convictions), and the enlisting agency has reason to believe a record exists, enlistment action will be held in abeyance pending an investigation.

(f) Civil restraint. (1) If all civil restraint is ended and there is substantial evidence of rehabilitation as a lawabiding member of a civil community, the applicant may be processed for enlistment.

(2) Recruiting personnel will not help directly or indirectly in the release of an individual from a pending charge so that he or she may enlist in the Army as an alternative to further prosecution or further juvenile court proceedings. Equally important, recruiting personnel will in no way contribute, either tacitly or expressly, to the false notion that the Army condones such a practice. Persons subject to a pending charge are not eligible for enlistment. Therefore, they are not eligible for preenlistment processing to determine their mental and medical eligibility.

(g) Restrictions on help. Recruitment personnel will not help in any way to secure the release of individuals from any type of civil restraint so that these individuals may enlist or

start reenlistment processing. The term "civil restraint" includes confinement, probation, parole, and suspended sentence. Persons under civil restraint that makes them ineligible for enlistment are not eligible for preenlistment processing to determine their mental and medical eligibility for enlistment.

§ 571.4 Periods of enlistment.

Enlistments are authorized for periods of 2, 3, 4, 5, or 6 years. The enlistee's option determines the number of years.

§ 571.5 Enlistment options.

Personnel who enlist in the Regular Army for 2 or more years are authorized certain initial assignment choices. They must meet the criteria given in AR 601-210. Also, a valid Army requirement must exist for the skill under which enlisted.

PART 574-UNITED STATES SOLDIERS' AND AIRMEN'S HOME

Sec.

574.1 Statutory authority.

574.2 Home benefits.

574.3 Persons eligible for admission to the Home.

574.4 Persons ineligible for admission to the Home.

574.5 Applications for admission. 574.6 User fee assessment of members of the Home.

AUTHORITY: R.S. 4815, as amended; 24 U.S.C. 41.

SOURCE: 44 FR 10981, Feb. 26, 1979, unless otherwise noted.

§ 574.1 Statutory authority.

The basic statutory authority for establishment of the United States Soldiers' and Airmen's Home is contained in the Act of March 3, 1851 (9 Stat. 595), and the Act of March 3, 1883 (22 Stat. 564).

§ 574.2 Home benefits.

The United States Soldiers' and Airmen's Home provides a home and other benefits authorized by law for its members. Some of the important Home benefits are as follows: (a) Suitable living quarters. (b) Subsistence.

(c) Medical, dental, and hospital

care.

(d) Complete recreation program. (e) Laundry and drycleaning service.

§ 574.3 Persons eligible for admission to the Home.

(a) The following persons are eligible for admission to the United States Soldiers' and Airmen's Home, except as indicated in § 574.4:

(1) First Category-Every soldier, airman, or warrant officer, male or female, of the Army or Air Force of the United States, who has—

(i) Had some service as an enlisted member of warrant officer in the Regular Army or Regular Air Force; and

(ii) Served honestly and faithfully for 20 years or more. In computing the necessary 20 years' time, all active service as an enlisted member or as a warrant officer in the Army or Air Force, whether in the regular or Reserve components, will be credited. Service in the Navy or the Marine Corps or service as a commissioned officer cannot be credited.

(2) Second Category-Every soldier, airman, or warrant officer, male or female, of the Army or Air Force of the United States, whether in the regular or Reserve components, who has

(i) Had some service as an enlisted member or warrant officer in the Regular Army or Regular Air Force and

(ii) Become incapable of earning a livelihood because of the disease, an injury, or wounds incurred in the military service of the United States, in line of duty, and not as a result of his/ her own misconduct.

(3) Third Category-Every soldier, airman, or warrant officer, male or female, of the Army or Air Force of the United States, whether in the Regular or Reserve components, who

(i) Has served on active duty as an enlisted member or warrant officer in the Army or Air Force during any war;

(ii) Has had some service as an enlisted member or warrant officer in the Regular Army or Regular Air Force; and

(iii) Is by reason of wounds, sickness, old age or other disability, unable to earn a livelihood.

(b) A requirement in each category is the performance of some service in the Regular Army or Regular Air Force and the terminating of active service in an enlisted or warrant officer status. Any enlisted person or warrant officer who served as a volunteer in the Spanish American War or who served with an organization of the Regular Army during World War I will be considered as having had some service in the Regular Army.

(c) Admission to the United States Soldiers' and Airmen's Home is granted by authority of the Board of Commissioners. Individuals who are admitted to the Home will be officially designated as members. Whenever the Home's facilities become limited to the extent that it appears that all eligible applicants cannot be accomodated, a system of priorities authorized by the Board of Commissioners will be administered by the Governor of the Home. The objective of this system will be to grant admission to the most deserving individuals.

§ 574.4 Persons ineligible for admission to the Home.

Admission to the Home cannot be granted to any person who was convicted of a felony or other disgraceful or infamous crime of a civil nature after entering the service of the United States; or to any deserter, mutineer, or habitual drunkard unless there is sufficient proof of subsequent honorable service, good conduct, and reformation of character to satisfy the Board of Commissioners.

§ 574.5 Applications for admission.

Applications for admission to the United States Soldiers' and Airmen's Home and information concerning eligibility requirements may be obtained by writing directly to the Board of Commissioners, United States Soldiers' and Airmen's Home, Washington, DC 20317. The Board of Commissioners will issue letters authorizing admission to those individuals whose applications are approved.

§ 574.6 User fee assessment of members of the Home.

The Board of Commissioners of the United States Soldiers' and Airmen's Home will collect from members of the Home a fee which may be used solely for the operation of the Home. The amount of the fee will be determined by the Board of Commissioners on the basis of financial needs of the Home and the ability of the members to pay, but in no case may the fee collected in the case of any month, in any member, exceed an amount equal to 25 percent of the monthly

(a) Military retired pay paid to such member;

(b) Civil Service annuity paid to such member where such annuity is based in part on years of military service;

(c) Disability compensation or pension paid to such member by the Veterans' Administration; or

(d) Military retired pay and disability compensation or pension where such member is receiving both retired pay and disability compensation or pension.

and the military post at West Point are vested in the Superintendent. In the absence of the Superintendent, the Deputy Superintendent, if present for duty, shall have such government and command. The Dean of the Academic Board has charge of the faculty and all academic work, and acts as representative of the academic departments and as adviser on academic matters to the Superintendent. The Commandant of Cadets is in charge of the administration and training of the Corps of Cadets and is also head of the Department of Tactics.

(b) Mission. The mission of the United States Military Academy is to educate, train, and motivate the Corps of Cadets so that each graduate shall have the character, leadership, and other attributes essential to progressive and continuing development throughout a career of exemplary service to the Nation as an officer of the Regular Army.

(c) Courses of instruction. Courses include academic education and military training. In accomplishing its mission, the Military Academy strives to develop in each cadet the following traits:

(1) The knowledge, skill, intellectual curiosity, discipline, and motivation provided by a sound education in the arts and sciences requisite for continued professional and intellectual growth.

(2) A highly developed sense of personal honor and professional ethics.

(3) Professional and personal commitment to the responsibilities of an officer for soldiers.

the normal requirements for admission to a civilian college or university; each candidate must obtain an official nomination to the Academy. The young person interested in going to West Point should, therefore, apply for a nomination from one of the persons authorized to make nominations listed in § 575.4. In the application, each prospective candidate should request a nomination to the United States Military Academy, and give residence, reasons for wanting to enter the Academy, and status of education and training.

(b) A candidate's mental qualifications for admission are determined by performance on one of the regularly administered College Entrance Examination Board series of tests. The Military Academy will consider scores made on the tests which are offered in December, January, March, and May at more than 700 College Board Test Centers throughout the United States and abroad. In general, a center will be within 75 miles of the candidate's home. Candidates register for the prescribed tests in accordance with the regularly published instructions of the College Board and pay the required fee directly to the College Board.

(c) The candidate's physical qualifications are determined by a thorough medical examination and physical aptitude test. To qualify, a candidate must be in good health, have good vision and hearing, have no deformities, and have the physical strength, endurance, coordination, and agility of active persons in their late teens. The medical examination and physical aptitude tests are held at selected military installations throughout the country (and overseas) on the Thursday and Friday preceding the regularly scheduled March administration of the College Board tests.

§ 575.3 Appointments; sources of nominations.

Admission to the Military Academy is gained by appointment to one of the cadetships authorized by law. Graduation of the senior class normally leaves about 915 vacancies each year. Candidates are nominated to qualify for these vacancies the year prior to admission. Those nominees appointed

(a) Congressional / Gubernatorial Nomination. (1) Up to 10 nominations may be submitted for each vacancy. Nominating authorities may use one of three methods of nomination:

(i) Name 10 nominees on a totally competitive basis,

(ii) Name a principal nominee, with nine competing alternates, or

(iii) Name a principal nominee, with nine alternates in order of preference.

(2) The priority that a fully qualified candidate may receive when considered for appointment is actually governed by the method of nomination used. For example, a principal nominee who is found minimally qualified must be offered an appointment.

Conversely, the same individual nominated on a totally competitive basis, may be ranked as one of the least qualified nominees for that vacancy and, consequently, may not be offered an appointment. Many nominating authorities hold preliminary competitive nomination examinations to select their nominees. Those selected are required to be actual residents of the geographic location represented by the nominating authority.

(b) Service-connected nominations. There is no restriction on the residence of nominees who compete for an appointment under these quotas. All applications for a service-connected nomination must be submitted to the Superintendent, United States Military Academy, West Point, NY 10996, not later than 15 December for the class entering the following July. A description of the Service-Connected nomination categories follows:

(1) Presidential: Children of career military personnel in the Armed Forces who are on active duty, retired, or deceased, are nominated through this category. The term "career" includes members of the Reserve Components currently serving 8 or more years of continuous active duty and Reserve retirees receiving either retired or retainer pay. Children of reservists retired while not on active duty are ineligible. Applications should include the name, grade, social security number/service number, and branch of service of the parent as a member of such regular component, and the full name, address, and date of birth of the applicant (complete military address and social security number, if in the Armed Forces). Adopted children are eligible for appointment if they were adopted prior to their 15th birthday; a copy of the order of court decreeing adoption, duly certified by the clerk of the court, must accompany the application.

(2) Children of Deceased and Disabled Veterans: This category is for children of deceased or 100 percent disabled Armed Forces veterans whose deaths or disabilities were determined to be service-connected, and for children of military personnel or federally employed civilians who are in a miss

ing or captured status. Candidates holding a nomination under this category are not eligible for nomination under the Presidential or Medal of Honor category. The Veterans Administration determines the eligibility of all applicants. The application should include the full name, date of birth, and address of the applicant (complete service address should be given if the applicant is in the Armed Forces), and the name, grade, social security number/service number, and last organization of the veteran parent, together with a brief statement concerning the time, place, and cause of death. The claim number assigned to the veteran parent's case by the Veterans Administration should also be furnished.

(3) Children of Persons Awarded the Medal of Honor: Applications from children of persons awarded the Medal of Honor should contain the applicant's full name, address, and date of birth (complete service address should be given if the applicant is in the Armed Forces); the name, grade, and branch of service of the parent; and a brief statement of the date and circumstances of the award. Candidates appointed from this source may qualify in the same manner as a congressional principal candidate. All who are found fully qualified will be admitted as cadets, regardless of the number.

(4) Honor Military Schools: Certain Honor Military Schools designated by Department of the Army, Department of the Navy, and Department of the Air Force are invited to recommend three candidates for nomination annually from among their honor graduates. Appointments are filled by selecting the best qualified candidates regardless of the school from which nominated. Application should be made through the school Senior Army Instructor.

(5) Army ROTC: This category is for members of college and high school Army Reserve Officers' Training Corps units. Application should be made through the Professor of Military Science or Senior Army Instructor at the school.

(6) Regular Army: This category is for enlisted members of the active Army. Appointments may be awarded to 85 Regular Army candidates. Appli