of Military Justice (UCMJ) to active duty to facilitate the exercise of courtmartial jurisdiction under 10 U.S.C. 802(a). A retired member may not be involuntarily ordered to active duty solely for obtaining court-martial jurisdiction over the member.

APPENDIX A TO PART 64-LETTER FORMAT TO COGNIZANT SERVICE PERSONNEL CENTER REQUESTING EMPLOYEE BE SCREENED FROM RETIREE-RECALL PROGRAM

From: (employer-Agency or company)

To: (appropriate Military Service personnel center)

Subject: Request for Employee to Be Removed from Retiree-Recall Program

This is to certify that the employee identiIfied below is essential to the nation's defense efforts in (his or her) civilian job and cannot be mobilized with the Military Services in an emergency for the following reasons:

Therefore, I request that (he or she) be exempted from recall to active duty in a mobilization or national emergency and that you advise me accordingly when that action has been completed.

Marine Corps

Commandant (Code RES) Headquarters, U.S. Marine Corps Washington, DC 20380

Air Force

Air Reserve Personnel Center 7300 East First Avenue Denver, CO 80280

Coast Guard

Commandant (G-RSM-1)

U.S. Coast Guard
2100 Second St. SW.
Washington, DC 20593

PART 65-ACCESSION OF CHAPLAINS FOR THE MILITARY SERVICES

Sec.

65.1 Purpose.

65.2 Applicability. 65.3 Policy.

65.4 Responsibilities. 65.5 Procedures.

APPENDIX TO PART 65-ECCLESIASTICAL ENDORSING AGENT CERTIFICATION

AUTHORITY: 10 U.S.C. 532, 591, and EO 9397, 3 CFR, 1943-1948 Comp., p. 283.

SOURCE: 53 FR 48898, Dec. 5, 1988, unless otherwise noted.

$65.1 Purpose.

This part: (a) Revises 32 CFR part 65 to update policy, procedures, and responsibilities.

(b) Establishes the educational and ecclesiastical requirements for appointment of military chaplains.

(c) Establishes criteria and procedures under which faith groups may become ecclesiastical endorsing agents. § 65.2 Applicability.

This part applies to the Office of the Secretary of Defense (OSD), the Military Departments (including their National Guard and Reserve components), and the Joint Staff (hereafter referred to collectively as "DOD Components"). The term "Military Services,' as used herein, refers to the Army, Navy, Air Force, and Marine Corps.

$65.3 Policy.

It is DOD policy that professionally qualified chaplains shall be appointed to provide for the free exercise of religion for all members of the Military

Services, their dependents, and other authorized persons. Persons appointed to the chaplaincy shall be able to perform a ministry for their own specific faith groups, and provide for ministries appropriate to the rights and needs of persons of other faith groups. Persons appointed to the chaplaincy shall be capable of providing professional staff support to the Military Department concerned.

§65.4 Responsibilities.

(a) The Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) may issue additions implementing guidance consistent with DOD 5025.1-M, as appropriate.

(b) The Secretaries of the Military Departments shall follow the policy and procedures in this part to ensure that persons appointed to the chaplaincy shall meet the minimum professional and educational qualifications prescribed herein and any additional requirements established by law and regulation for appointment as an officer and a chaplain.

865.5 Procedures.

(a) Ecclesiastical Certification of Clergy (1) To be considered for appointment and to serve as a chaplain, clergy shall be certified by a DOD-recognized ecclesiastical endorsing agent. The ecclesiastical certification shall attest that the applicant:

(i) Is a fully qualified member of the clergy of a religious faith group represented by the certifying Agency.

(ii) Is qualified to provide directly or indirectly for the free exercise of religion by all members of the Military Services, their dependents, and other authorized persons.

(2) The required ecclesiastical certification shall be made on DD Form 2088, "Ecclesiastical Endorsing Agent Certification." If the applicant has completed a number of years of active professional experience after the completion of educational requirements for the chaplaincy, the certifying agent shall so state on DD Form 2088.

(3) Chaplains who fail to maintain their ecclesiastical certification shall

be processed in accordance with DOD Directive 1332.31.1

(b) Criteria for Ecclesiastical Endorsing Agencies. (1) Religious faith groups that seek to become ecclesiastical endorsing agents for the purpose of certifying the professional qualifications of clergy for appointment as chaplains in the Military Services shall obtain DOD recognition through the action of the Armed Forces Chaplains Board (AFCB). To be considered for DOD recognition, each religious faith group shall:

(i) Be organized exclusively or substantially to provide religious services to a lay constituency.

(ii) Be able to exercise ecclesiastical authority to grant or withdraw ecclesiastical certification.

(iii) Be able to provide continuing validation of ecclesiastical certifi

cation.

(iv) Be able to certify clergy who are qualified to provide directly or indirectly for the free exercise of religion by all members of the Military Services, their dependents, and other authorized persons.

(v) Abide by the applicable DOD regulations and policies.

(2) Through the action of the AFCB, the Department of Defense may revoke its recognition of an ecclesiastical endorsing agent that fails to continue to meet the criteria of paragraphs (b)(1) (i) through (v) of this section. The AFCB, before revoking the recognition of an ecclesiastical endorsing agent, shall provide written notice to the Agency concerned stating the reasons for the proposed revocation and providing a reasonable opportunity for the Agency to reply in writing to the AFCB.

(3) Religious faith groups recognized by the Department of Defense as ecclesiastical endorsing agents may authorize third parties to act on their behalf for accomplishing the administrative procedures in accession of chaplains for the Military Services, and of maintaining liaison with chaplains of the recognized faith group. Each such authorization shall be made in writing by an official authorized by the faith group to

1 Copies may be obtained if needed, from the U.S. Naval Publication and Forms Center, 5801 Tabor Avenue, Attn: Code 301, Philadelphia, PA 19120.

grant such authorization, and a copy of the authorization shall be filed with the AFCB.

(c) Educational Requirements. (1) To be considered for appointment as a chaplain in the Military Services, an applicant shall:

(i) Possess a baccalaureate degree of not less than 120 semester hours from a college that is listed in the "Education Directory, Colleges and Universities" 2 or from a school whose credits are accepted by a college listed in the Directory Education.

(ii) Have completed 3 resident years of graduate professional study in theology or related subjects (normally validated by the possession of a Master of Divinity degree, an equivalent degree, or 90 semester hours) that lead to

2 Current edition published by U.S. Department of Education, National Center for Education Statistics, Washington, DC 20202.

ecclesiastical certification as a member of the clergy fully qualified to perform the ministering functions of a chaplain.

(2) The applicant shall complete the graduate professional study referred to in §65.5(c)(1)(ii), at a graduate school listed in the Education Directory, Colleges and Universities; an accredited school listed in the "Directory, ATS Bulletin, Part 4";3 or from a school whose credits are accepted by a school listed in the Directory or listed as accredited in the "Directory, ATS Bulletin, part 4."

(d) Other Requirements. Applicants for the chaplaincy also shall meet the requirements established by the Military Departments for appointment as an officer and a chaplain.

3 Current edition published by the Association of Theological Schools, Vandalia, Ohio 45377.

This part provides guidance for implementing policy, assigns responsibilities, and prescribes under 10 U.S.C. 12205 for identifying criteria for determining educational institutions that award baccalaureate degrees which satisfy the educational requirement for appointment of officers to a grade above First Lieutenant in the Army Reserve, Air Force Reserve, and Marine Corps Reserve, or Lieutenant (Junior Grade) in the Naval Reserve, or for officers to be federally recognized in a grade level above First Lieutenant as a member of the Army National Guard or Air National Guard.

$67.2 Applicability.

This part applies to the Office of the Secretary of Defense, and the Military Departments; the Chairman of the Joint Chiefs or Staff; and the Defense Agencies referred to collectively in this part as the "DoD Components"). The term "Military Departments," as used in this part, refers to the Departments of the Army, the Navy, and the Air Force. The term "Secretary concerned" refers to the Secretaries of the Military Departments. The term "Military Services" refers to the Army, the Navy, the Air Force, the Marine Corps. The term "Reserve components" refers to the Army Reserve, Army National Guard of the United States, Air Force Reserve, Air National Guard of the United States, Naval Reserve, Marine Corps Reserve.

(a) It is DoD policy under 10 U.S.C. 12205 to require Reserve component officers to have at least a baccalaureate degree from a qualifying educational institution before appointment to a grade above First Lieutenant in the Army Reserve, Air Force Reserve or Marine Corps Reserve, or Lieutenant (Junior Grade) in the Naval Reserve, or for officers to be federally recognized in a grade above First Lieutenant as a member of the Army National Guard or Air National Guard.

(b) Exempt from this policy is any officer who was:

(1) Appointed to or recognized in a higher grade for service in a health profession for which a baccalaureate degree is not a condition of original appointment or assignment.

(2) Appointed in the Naval Reserve or Marine Corps Reserve as a limited duty officer.

(3) Appointed in the Naval Reserve for service under the Naval Aviation Cadet (NAVCAD) program or the Seaman to Admiral program.

(4) Appointed to or recognized in a higher grade if appointed to, or federally recognized in, the grade of captain or, in the case of the Navy, lieutenant before October 1, 1995.

(5) Recognized in the grade of captain or major in the Alaska Army National Guard, who resides permanently at a location in Alaska that is more than 50 miles from each of the cities of Anchorage, Fairbanks, and Juneau, Alaska, by paved road, and who is serving in a Scout unit or a Scout support unit. (c) The Department of Defense will designate an unaccredited educational