DoD is finalizing eligibility requirements for ID cards issued to uniformed service members, their dependents, and other DoD individuals. These cards are used for proof of identity, DoD affiliation, and to facilitate accessing DoD benefits. This rule includes documentation requirements to address the modification of gender in a record consistent with the requirements of Executive Orders “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” and “Enabling All Qualified Americans To Serve Their Country In Uniform.” The rule also updates the CFR to match the revised contents of various internal DoD policy issuances and National Institute of Standards and Technology (NIST) Federal Information Processing Standards (FIPS).
The Department now construes the words “spouse” and “marriage” to include same-sex spouses and marriages, eliminating the need for the proposed addition of same sex partners to the larger population of individuals who could receive ID cards. Five comments were received on the 2014 interim final rule.
A second interim final rule was published on October 27, 2016 (81 FR 74874-74916) amending the rule published on January 6, 2014. In the second rule, DoD amended its ID card policy to include documentation needed for the modification of gender in a record for retirees and family members.
The second rule also made changes due to revisions of several internal DoD policy issuances and NIST FIPS. These revisions included.
- Aligning policy for the implementation of Homeland Security Presidential Directive (HSPD) 12 within DoD with the most current version of FIPS 201-3, “Personal Identity Verification (PIV) of Federal Employees and Contractors” (available athttps://dx.doi.org/10.6028/NIST.FIPS.201-3).
- Aligning the benefits for commissary, exchange, and morale, welfare, and recreation (MWR) with the current versions of the following:
1. DoD Instruction 1015.10, “Military Morale, Welfare, and Recreation (MWR) Programs” (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101510p.pdf),
2. DoD Instruction 1330.17, “Armed Services Commissary Operations” (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133017p.pdf), and
3. DoD Instruction 1330.21, “Armed Services Exchange Regulations” (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133021p.pdf).
Providing procedures and defined acceptable documentation for enrollment and eligibility verification, as necessary, for DoD ID card issuance as described in DoD Manual 1000.13 Volume 3, which will be published and made available athttps://www.esd.whs.mil/Directives/issuances/dodm/. This manual will identify:
1. The eligibility documentation requirements for all DoD ID card eligible populations, and
2. Documentation requirements for the correction of Defense Enrollment Eligibility Reporting System (DEERS) records, to include changing one's gender marker as reflected in DEERS.