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Order Def/122/2017, On 9 February, Which Establishes The Regulatory Bases For Granting Scholarships And Training Aids, Life During Active Military, Support To The Voluntary Separation From The Members Of The...

Original Language Title: Orden DEF/122/2017, de 9 de febrero, por la que se establecen las bases reguladoras para la concesión de becas y ayudas para la formación, durante la vida activa de militar, como medida de apoyo a la desvinculación voluntaria de los miembros de las...

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(WAPROMIL).

(c) Not to be in any of the circumstances provided for in Article 13.2 of Law 38/2003 of 17 November, the justification of which shall be in accordance with the provisions of Article 13 (7) of that Law.

Article 6. Funding.

the financing of grants and support for training support for the voluntary disengagement of the Armed Forces will be made from the existing appropriation in the budget application 14.01.121N1.487. the Armed Forces ", the Ministry of Defence's expenditure budget, or the equivalent in the corresponding financial year.

Article 7. Obligations of the beneficiaries.

The beneficiaries of the grants and aid provided in these regulatory bases will be obliged to:

a) Matriculation in the qualifications/studies for which you have obtained the scholarship.

b) Be enrolled in the SAPROMIL program.

c) Keep SAPROMIL informed of the vicissitudes and progress of the studies in which it is registered.

(d) to issue in the form and time limit, to the General Subdirectorate of Recruitment and Employment Guidance the documents necessary to justify the fulfilment of the purpose for which the grant or aid was granted, which shall be specified in the respective call.

Article 8. Criteria for the assessment and award of grants and grants.

1. Grants and grants shall be governed by the following general

:

(a) Each call shall specify the modules/credits registered.

b) A scoring system according to the following criteria shall be established for the award of the grants or aid provided for in these regulatory bases:

1. º For scholarships or FP: the average note of the previous course to which you are applying for or that of access to VET studies.

2. º For grants or grants of degree: the average note of the previous course to which you are applying for or that of access to degree studies.

3. º For scholarships or postgraduate/master's grants: the average qualification obtained in the qualification that allows access to these studies.

(c) The qualifications presented shall be normalized to their equivalence with the European standard of ECTS, approximate to the centena.

2. The weighting of the objective criteria for the grant of the grant or aid and the accreditation of the grant shall be determined in the call.

3. The award of grants or grants shall be made in order for the score obtained, from the highest to the lowest, and equal to them shall be given preference:

(a) Military complement and troop personnel and marineria who, at least, have a long-term commitment to their commitment.

b) Military career personnel.

c) If equality is maintained, it will be granted to the longest serving as a professional military.

d) If equality persisted, to the oldest beneficiary.

Article 9. Concession procedure.

1. The procedure for granting grants and aid under this ministerial order shall be initiated, after approval of the expenditure, by means of convocation, approved by the Minister of Defense, which shall be expressly mentioned in this order. In addition, the decision to grant the said grants and aid will be the responsibility of the Minister of Defence.

2. In relation to the content of the calls, the provisions of this order will be included in this order, and in Article 23.2 of Law 38/2003 of 17 November.

3. The procedure shall be initiated by publication of the extract of the call in the "BOE", in accordance with Article 23.2 of Law 38/2003 of 17 November, and shall be processed under competitive competition.

4. The interested parties shall submit the relevant application, which shall respond to a standard model, as well as the documentation required for that purpose and which shall be determined in the call, in the central electronic register of the Ministry of Defence, the provisions of Article 16.4 of Law 39/2015 of 1 October of the Common Administrative Procedure of Public Administrations.

5. The time limit for the submission of applications shall be 20 working days from the day following that of the publication of the call in the Official Gazette of the Ministry of Defence.

6. The ordination and instruction will be carried out under the authority of the General Directorate of Military Recruitment and Teaching by the Subdirectorate General of Recruitment and Employment Guidance. The assessment of applications shall be carried out by an evaluation committee, chaired by the Director-General for Recruitment and Military Education or the person designated for that purpose.

7. The Evaluation Committee shall issue a report, which shall accompany the award proposal, in which the result of the assessment carried out shall be completed, and shall contain a supplementary list of alternates by order of priority for the waiver of the beneficiaries or failure to meet the conditions necessary for the receipt of the grant or aid.

Article 10. The evaluation committee.

1. The assessment of the applications shall be made by the Evaluation Committee which shall be responsible for the assessment of the requirements and the assessment of the merits alleged by the applicants. It shall be composed of the following members:

(a) The Director General of Military Recruitment and Teaching or a person to whom you delegate.

b) The Subdirector General of Recruitment and Employment Guidance or person to whom you delegate.

c) The Head of the Professional Salings Area or person to whom you delegate.

d) The Head of the Support Training Unit or person to whom you delegate.

2. The Presidency shall be held by the Director-General for Recruitment and Military Education who, in the event of a tie in the deliberations, shall have a vote of quality.

3. The functioning of the commission will be in line with the provisions of Chapter II of the Preliminary Title of Law 40/2015 of October 1, of Legal Regime of the Public Sector and will specifically have the following functions:

a) Valuation of the merits that are established in this ministerial order in the manner specified in the call.

b) Making a report, which will accompany the proposal for a resolution of the grants or grants to be awarded, in which the outcome of the evaluation will be completed.

Article 11. Notice and publication of the grant resolution.

Article 5. Requirements of the beneficiaries.

They may be beneficiaries of the grants or aids provided for in these regulatory bases the professional military referred to in Article 2 which, having full capacity to act and not being disabled for obtaining aid or public subsidies, meet the following conditions:

(a) To be registered or to have the possibility to enrol in any of the teachings for obtaining the certificates of FP, degree, postgraduate or master published in the corresponding calls. In this respect, it is considered that a beneficiary has the possibility to enrol when it meets all the academic requirements required by the current legislation, both in general and in private order established by the training centre. the beneficiary itself has chosen.

b) Be enrolled in the Military Personnel Skills Utilization System s="parrafo">1. The decision to grant the grants or grants shall be published in accordance with the terms laid down in Article 20.8.b) of Law 38/2003 of 17 November.

2. The person concerned shall also be notified of the decision to grant the grant or aid in accordance with Articles 40 to 46 of Law 39/2015 of 1 October 2015.

3. The resolution and notification of the decision shall be made within a maximum of six months from the date of publication of the relevant extract of the call, unless the call for action is postponed to a later date. After this period has not been published, the persons concerned may understand their request for administrative silence, as provided for in Article 25.5 of Law 38/2003 of 17 November.

Article 12. Resources.

The decision to grant an end to the administrative route and against it may be brought before the Minister of Defense, within one month, in accordance with the provisions of Articles 123 and 124 of Law 39/2015, of 1 October, or directly administrative-administrative appeal before the Court of the Contentious-Administrative Office of the National Court, within two months from the day following that of its notification or publication, in accordance with the provisions of Articles 11.1 and 46.1 of Law No 29/1998 of 13 July 1998, regulatory of the Administrative-Administrative Jurisdiction.

Article 13. Measures to ensure compliance with the purpose of grants and grants.

1. The finding of non-compliance with the obligations assumed as a result of the grant of the grant or aid may give rise to the termination of the right to its enjoyment or to the reimbursement of the amounts received and, where appropriate, the opening of the (a) a corresponding penalty file, as provided for in Law 38/2003 of 17 November. For the purposes of justifying the fulfilment of the purpose for which the grant or aid was granted and of the application of the funds received, the documents to be sent to the Subdirectorate-General of the European Union shall be determined in the call for documents. Recruitment and Employment Guidance as well as the time limits for such documents to be submitted.

2. The alteration of the conditions taken into account for the grant of the grant or aid shall give rise to the review of the grant or the amendment of the decision.

Likewise, the waiver of the grant or aid will modify the approved resolution and result in your loss.

Article 14. Incompatibilities.

The enjoyment of these scholarships will be incompatible with any other type of scholarship or aid granted by any other public or private public or institution, for the same or similar concepts.

Article 15. Legal regime.

As not provided for in this ministerial order will be the provisions of Law 38/2003 of 17 November, in the Regulation of Law 38/2003, of 17 November, General of Grants, approved by the Royal Decree 887/2006, of 21 In July, and in Law 39/2015 of 1 October, as well as in all other applicable provisions, they are applicable.

Single additional disposition. No increase in public spending.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

Final disposition first. Dispositive faculties.

The Assistant Secretary of Defense is hereby authorized to issue the necessary provisions for the implementation of this ministerial order.

Final disposition second. Entry into force.

This ministerial order shall enter into force on the twentieth day following that of its publication in the Official Gazette of the State.

Madrid, February 9, 2017. -Minister of Defense Maria Dolores de Cospepedal Garcia.