Subchapter F—Personnel

Department of the Army, DoD § 571.1 SUBCHAPTER F—PERSONNEL

PART 571—RECRUITING AND grams will not meet prior service re- ENLISTMENTS quirements in this part. (6) Non-Prior Service (NPS). No pre- Sec. vious service in any of the Armed 571.1 General. Forces of the United States, or pre- 571.2 Basic qualifications for enlistment. vious service without completion of 1 571.3 Waivable enlistment criteria including or more days of active duty or active civil offenses. duty for training as given in paragraph 571.4 Periods of enlistment. 571.5 Enlistment options. (b)(5) of this section. (7) Within 3 months of separation. The AUTHORITY: Section 3012, 70A Stat. 157; 10 3 month’s period when an individual U.S.C. 3012. must reenlist to be eligible for certain SOURCE: 44 FR 9745, Feb. 15, 1979, unless benefits. This period begins on the day otherwise noted. following separation and ends with the § 571.1 General. date of the month, 3 months later, that corresponds to the separation date. (a) Purpose. This part gives the quali- When there is no corresponding date in fications for men and women enlisting the 3rd month, the terminating date or reenlisting in the Regular Army will be the last day of that month. For (RA). The procedures simplify and example, an individual separated on 31 standardize the processing of appli- January has a terminating date of 30 cants through the recruiting service. April. The applicant’s ability to meet all requirements or exceptions will deter- (8) Major commanders. The following mine eligibility. This includes obtain- have commanding generals, United ing prescribed waivers. States Army Forces Command (b) Definitions. The following defini- (FORSCOM); United States Army tions apply to this part: Training and Doctrine Command (1) Enlistment. The first voluntary en- (TRADOC); US Army Military District rollment in the Regular Army as an en- of Washington (MDW); US Army Mate- listed member. riel Development and Readiness Com- (2) Reenlistment. The second or subse- mand (DARCOM); US Army Intel- quent voluntary enrollment in the Reg- ligence and Security Command ular Army as an enlisted member. (INSCOM); US Army Communications (3) United States Army. The Regular Command (ACCOM); US Army Crimi- Army, Army of the United States nal Investigation Command (CIDC); US (AUS), Army National Guard (ARNG) Army Health Services Command of the United States, and the United (HSC); Military Traffic Management States Army Reserve (USAR). Command (MTMC); Commander in (4) Regular Army (RA). The permanent Chief, US Army Europe and Seventh Army, which is a major component of Army (CINCUSAREUR): Eighth US the United States Army, as used in this Army; and US Army Japan (USAJ). part distinguishes it from the other (9) Dependent. The term ‘‘dependent’’ major components. means: (5) Prior Service (PS). One or more (i) A spouse. This does not include a days of completed active duty in a reg- common law spouse unless so judged by ular component or of extended active a civil court. duty in a Reserve component of any of (ii) Any unmarried natural the Armed Forces, in the Army Na- (legitmate or illegitimate) or adopted tional Guard or Army Reserve pro- child of the applicant if the child is grams of active duty for training pur- under 18 year of age, whether or not suant to the Reserve Forces Act of 1955; the applicant has custody of the child, in the Reserve Enlistment Program of and regardless of who has guardianship 1963; or in similar programs of any of of the child. If the applicant’s child has the Army Forces. Short periods of ac- been adopted by another person (Final tive duty for training in any other pro- adoption decree issued and effective)

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then the child is not the applicant’s de- (i) Honorably discharged active duty pendent. The term ‘‘natural child’’ in- commissioned or warrant officers who cludes any illegitimate child claimed enlist within 6 months after their sepa- by the applicant to be his/her child or ration date or who were awarded the judged to be his/her child by court Medal of Honor, Silver Star, or the Dis- order. tinguished Service Cross. (iii) Stepchild of the applicant who (ii) Enlisted members who separate resides with the applicant if the step- from the Regular Army with an honor- child is under 18 years of age. able or general discharge and reenlist (iv) Any other person who is depend- within 3 months after separation date. ent on the applicant for over one-half (4) Parental consent. The written of his/her support. consent of parents or legal guardian is (10) Applicant without a spouse. An ap- required for applicants under 18 years plicant who is unmarried, is divorced, of age. is legally separated, whose spouse is (b) Citizenship requirements. The appli- deceased; has deserted applicant, is in- cant must be: carcerated, is not residing permanently (1) A citizen of the United States, or with applicant, or applicant has sole (2) An alien who has been lawfully custody of the dependent(s). admitted to the United States as a permanent resident, or (c) Delayed Entry Program (DEP). The (3) A National of the United States Commanding General, United States (Citizen of Puerto Rico, Guam, Amer- Army Recruiting Command (USAREC) ican Samoa or the Virgin Islands). is authorized by 10 U.S.C. 5–11a to orga- (c) Trainability requirements. (1) Non- nize and administer DEP. Applicants prior service. For enlistment in mental enlisted in DEP are assigned to the group category I–III applicants must United States Army Reserve (USAR) have a high school diploma (HSD) or Control Group (Delayed Entry). Only General Education Development (GED) qualified applicants who agree to sub- Certificate. HSD or GED scores must sequently enlist in the Regular Army be 90 or above in one or more aptitude may enlist in DEP. areas in Armed Services Vocational § 571.2 Basic qualifications for enlist- Aptitude Battery (ASVAB) tests. Men- ment. tal group IV requires two. Non-high- school graduates (NHSG) in mental (a) Age requirements. (1) Non-prior group I–IIIA require two. Applicants service. Applicants must be 17 to 34 must meet all other criteria for the op- years old, inclusive. tion they wish to select. (See (2) Prior service. Applicants must be § 571.2(c)(3).) 17 to 34 years old. If 35 or older but less (2) Prior service. Applicants must than 55 years, they will qualify if they: meet the mental requirements in para- (i) Have a minimum of 3 years honor- graph (c)(3) of this section, or qualify able active service in any one of the for exemption from these requirements Armed Forces, with at least 1 or more through: days of Army service. (i) Award of the Medal of Honor. (ii) Be not less than 35 years old plus (ii) Award of the Distinguished Serv- the number of completed years of prior ice Cross, Navy Cross, or Silver Star honorable active military service. Medal, with less than 20 years of active (3) Exceptions. Applicants will be ex- military service. empt from the above age requirements (iii) Partially disabling combat- if they can qualify for retirement by wounds with less than 20 years of ac- age 60, are not 55 or older with 20 or tive military service. more years of active service, and if (3) Mental categories and eligibility they are: for enlistment.

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Edu- Enlistment eligibility 3 Applicant Age cation Mental category 2 Remarks level 1 DEP RA

NPSÐmale ...... 17 ...... HSG I±IVB ...... Yes ...... Yes ...... 10th grade minimum unless over GED I±IIIA ...... Yes ...... No ...... 22 years old, then 11th grade GED IIIB±IV ...... Yes ...... minimum. No ...... NHSG I±IIIA ...... Yes ...... Yes. NHSG IIIB±IV ...... No ...... No ...... Eligible for RA if graduates. If HSSR I±IVB ...... Yes ...... (See re- NHSG, meet criteria of this marks). table. NPSÐmale ...... 18 or HSG I±IVB ...... Yes ...... Yes ...... 10th grade minimum unless over older. GED I±IIIB ...... Yes ...... Yes ...... 22 years old, then 11th grade GED IV ...... No ...... No ...... minimum. NHSG I±IIIA ...... Yes ...... Yes. NHSG IIIB ...... Yes ...... Yes ...... 11th grade minimum regardless NHSG IV ...... No ...... No ...... of age. HSSR I±IVB ...... Yes ...... (See Re- Eligible for RA if graduates. If marks). NHSG, meet criteria of this table. NPSÐfemale ...... HSG WST 50 or higher .. Yes ...... Yes ...... Eligible for RA if graduates. GED ...... No ...... No. NHSG ...... No ...... No. HSSR ...... Yes ...... Yes. Prior serviceÐmale ...... HSG I±IIIB and three ap- Yes ...... Yes ...... GED titude scores of Yes ...... Yes ...... NHSG 90 or higher. No ...... No. Prior serviceÐfemale ...... HSG Three aptitude Yes ...... Yes ...... If female is a member of USAR/ GED scores of 90 or Yes ...... Yes ...... ARNG prior to RA enlistment, NHSG higher. No ...... No ...... a minimum Womens Selection Test (WST) score of 50 is required in addition to 3 aptitude scores of 90 or higher. 1 Education definitions: a. High school graduate (HSG). An applicant who has graduated from an accredited high school with a diploma, a certificate of graduation, or statement of completion. b. General Education Development (GED) equivalency. An applicant who has evidence of completion of the high school level GED equivalency. c. Non-high school graduate (NHSG) and high school senior (HSSR). Self explanatory. 2 CAT I 93±100, CAT II 65±92, CAT IIIA 50±64, CAT IIIB 31±49, CAT IVA 21±30, CAT IVB 16±20. 3 Applicants must meet the additional prerequisites for training in the selected military occupational specialty (MOS) as indicated by the option and REQUEST System.

(d) Education requirement. (1) Appli- (i) Possess a diploma or certificate of cants must meet the following edu- graduation from high school; or cational requirements of the specific (ii) Present documentation of suc- enlistment option. cessful completion of high school level (i) Female applicants must be high or higher GED equivalency. school graduates. (e) Physical requirements. (1) The ap- (ii) Male applicants, 17–22 years of plicant must: age, must have successfully completed (i) Meet the enlistment physical fit- the 10th grade or equivalent. Males, 23 ness standards given in chapter 2, AR or older at time of entry on active duty, must have successfully com- 40–501. pleted the 11th grade or equivalent. (ii) Meet any additional requirement (iii) Aliens or applicants completing of the specific enlistment option. high school requirements in foreign (iii) Request a waiver if the AFEES countries must take the GED or have medical examining officer decides an obtained an evaluation in accordance exception to medical standards is ap- with Table 2–5, note 5d, AR 601–210 to propriate. be considered a high school graduate (2) Prior service applicants must for enlistment purposes. meet the weight standards in Appendix (iv) Minimum education require- A, AR 600–9 and ments, in a foreign country, given in (i) The retention medical fitness paragraph (d)(1)(iii) of this section are standards in chapter 3, AR 40–501, if ap- the same in the United States. plicant enlists within 6 months of RA (2) Prior service applicant must ei- separation. ther:

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(ii) The enlistment medical fitness § 571.3 Waivable enlistment criteria in- standards in chapter 2, AR 40–501 (excluding civil offenses. cept the weight standards of paragraph (a) Waivers of enlistment eligibility cri- 2–22, AR 40–501) if applicants enlist 6 teria—(1) General. This section gives the months from the last RA separation procedures for initiating and process- date, or if applicants last separated ing requests for waiver to meet the from another service or component and basic qualifications for enlistment. meets the weight tables in appendix A, (2) All waiver authority. The Com- AR 600–9. mander, U.S. Army Enlistment Eligi- (iii) The retention medical fitness bility Activity (USAEEA) may act for standards in chapter 3, AR 40–501 if ap- the Commanding General, U.S. Army plicant is an active member of USAR/ Military Personnel Center ARNG unit and meets the weight ta- (MILPERCEN) to process, approve and bles at appendix A, AR 600–9. disapprove waivers for enlistment. (iv) Any additional requirements for (3) Waiver disapproval authority. The the specific enlistment option. responsibility for deciding if a waiver (f) Dependent criteria. (1) The appli- request warrants favorable consider- cant may have only three dependents ation rests at all levels. (see paragraphs (f)(1) and (iii) of this section). (4) Validity period. Unless otherwise (i) An applicant without a spouse stated in the waiver document, waivers who has one or more dependents under are valid for 6 months. 18 years of age is disqualified, except as (5) Waiver approval authorities—eligi- noted in paragraphs (f)(1) (ii) and (iii) bility criteria. of this section. No waiver is author- If disqualifica- ized. tion isÐ Then approval authority isÐ (ii) An applicant may be enlisted (i) Medical: when dependent children are in the Non-prior CG, USAREC custody of the other parent by court service. order, and the applicant is not required Prior service CG, MILPERCEN to provide child support. No waiver is (ii) Underweight or overweight required. (+ or ¥5 (iii) An applicant, required to pay lbs.): child support for no more than 2 de- Non-prior AFEES Senior Medical Officer pendents under 18 years of age when de- service. Prior service. None. Prior service applicants enlisting in pendents are in the other parent’s cus- DEP or active Army must meet the AR tody by court order, may enlist with- 600±9 weight standards. No waivers are out waiver. authorized. (iii) Dependents CG, MILPERCEN (iv) In meritorious cases, an appli- (iv) AWOL: cant with a spouse may request waiver Lost time 1± CDR, District Recruiting Command (DRC) of paragraph (f)(1) of this section. 15 days. (v) Husband and wife teams who have Lost time CG, MILPERCEN over 15 one or more dependents under 18 years days. of age are disqualified. No waiver is au- (v) Previous CG, MILPERCEN thorized. discharge for dependency (vi) An applicant with a spouse on ac- or hardship. tive duty with any Service who has 1 or (vi) Last sepa- CG, USAREC more dependents under 18 years of age rated from is disqualified. any of the Armed (2) Prior service. Same as non-prior Forces on service for pay grades E–1 through E–3. the basis of If eligible for pay grade E–4 or higher, being a sole surviving per- may enlist without regard to number son and fam- and ages of dependents. However, the ily member provisions of paragraphs (f) (i), (ii), or applying for enlistment (iii), (v), and (vi) of this part for appli- for the first cants without prior service apply. time.

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If disqualifica- If disqualifica- tion isÐ Then approval authority isÐ tion isÐ Then approval authority isÐ

(vii) Previous (xiii) Persons CG, MILPERCEN (Year Group Manage- conscientious whose DD ment) objectors Form 214 who are no (Report of longer con- Separation scientious from Active objectors: Duty) con- Non-prior CG, USAREC tains no service. PMOS eval- Prior service CG, MILPERCEN uation score. (viii) Received CG, MILPERCEN (xiv) Persons CG, MILPERCEN one or more enrolled in convictions the Alcohol by military and Drug courts-martial Abuse Pre- during last vention and period of ac- Control Pro- tive service gram or was dis- (ADAPCP) at charged with time of last disqualifica- separation tions (e.g., from active unsuitability, duty. conviction by civil court, (b) Civil offenses—(1) Moral standards. resignation Moral standards for enlistment deal for good of Service, mis- generally with the acceptability of per- conduct, sons with records of court convictions fraudulent or adverse juvenile judgments. The enlistment, or standards screen out persons who may bar to reenlistment). become serious disciplinary cases and (ix) Desires to who could bring harm to a military enlist as con- mission. scientious (2) Waiver approval authorities—civil objector: offenses. Non-prior CG, USAREC service. If the offense Prior service CG, MILPERCEN isÐ Then approval authority isÐ (x) Was denied CG, MILPERCEN reenlistment (i) Minor traffic CDR, Recruiting Area at time of last offenses. separation (ii) Minor non- CDR, Recruiting Area from active traffic of- Service fenses. under Quali- (iii) Mis- CDR, DRC tative demeanors. Screening (iv) Juvenile CG, USAREC Process un- felonies. less ineligible (v) Adult felo- CG, MILPERCEN for enlistment. nies. (xi) Discharged CG, MILPERCEN (vi) Civil re- CDRs in lines (i) through (v) for the of- under the straint of un- fenses involved Trainee Dis- conditional charge pro- suspended gram or Ex- sentence or peditious Dis- unconditional. charge program. (c) Rules governing processing of moral (xii) Primary CG, MILPERCEN waivers. (1) Individuals require a mis- Military Oc- cupational demeanor waiver if arrested, cited, Specialty charged, or held and allowed to plead (PMOS) guilty to a lesser offense or to plead Evaluation guilty to criminal possession of stolen Score below 70. property (value $100 or less). An arrest or questioning with no preferral of charges does not require a waiver. When charges are dismissed without

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determination of guilt no waiver is re- cases include pardon; expungement; required. A waiver is not authorized if a opening of the case to change the origi- criminal or juvenile court charge is nal finding of guilty or nolo pending or if such a charge was dis- contendere, to not guilty, dismissing missed or dropped at any stage of the the charge, amnesty, and setting aside court proceedings on condition that the conviction. These subsequent pro- the offender enlist in a military serv- ceedings merely recognize rehabilita- ice. tion, they do not alter the fact that the (2) To ensure equal treatment of all offender committed the criminal act. persons applying for RA enlistment, (iv) Adverse juvenile judgements. This notwithstanding the wide variance in term— State statutes, the following guidance (A) Means that a judge or a jury in a is furnished: juvenile court proceedings determined (i) Expunging of the record. Some that the juvenile was guilty of or com- states have procedures for (subsequent) mitted the alleged acts, that the deci- ‘‘expunging of the record,’’ dismissal of sion was based either on the com- charges, or pardon (upon evidence of plaint’s merits or on the juvenile’s ad- rehabilitation of the offender). Such mission of guilt or plea of guilty; and action has the effect of extinguishing that the decision was recorded in the the ‘‘initial conviction’’ or ‘‘adverse ju- court records. venile adjudication.’’ Under the State (B) Applies, whether or not sentence law, the applicant then has no record was then imposed, withheld, or sus- of conviction or adverse juvenile deci- pended; and regardless of subsequent sion. Despite the legal effect of this ac- proceedings to delete an initial deter- tion, a waiver is required to authorize mination of guilt from court records, the RA enlistment of such an appli- based on rehabilitation or satisfactory cant. The record is also required to be probation or supervision. Examples of revealed. subsequent proceedings in juvenile (ii) Juvenile and youthful offenses. To courts include expungement; record determine eligibility for RA enlist- sealing; reopening the case to change ment, a juvenile or youthful offense is the original findings of guilty or delin- defined as one committed by the appli- quency, or the plea of guilty or admis- cant under the age that the individual sion of the truth of the allegation, to could enlist in the RA without parental not guilty; and dismissal of the origi- consent. Offenses committed below the nal petition and setting aside the deci- age of 18 are considered juvenile or sion of delinquency. These subsequent youthful offenses regardless of disposi- proceedings merely recognize rehabili- tion of civil authorities. For example, tation. They do not alter the fact that a juvenile felony is one committed by the juvenile committed the act for an applicant under 18, whether or not which he or she was judged. the result is a civil court conviction or (C) Includes judgement as a juvenile adverse juvenile judgements. On the delinquent, wayward minor, youthful other hand, an adult felony is one com- offender, delinquent child or juvenile mitted by an applicant when 18 years offender, and declaration of the juve- old or older regardless of what type of nile as a ward of the court. The term court makes the decision. does not include the judgement of the (iii) Civil court conviction. This term juvenile as dependent, neglected, or means the decision of guilty by a court abandoned. (or a jury) based either on the case’s (v) Unconditional suspended sentence merits, or on the defendant’s guilty and supervised unconditional probation. plea or nolo contendere, regardless of— These terms mean a suspended sen- (A) Whether sentence was then im- tence or probationary status imposed posed, withheld, or suspended, or by a court that places no condition (B) Subsequent proceedings deleted upon the individual— an initial decision of guilt from court (A) Concerning individual’s freedom records, based on evidence of rehabili- of movement. tation or completion of a satisfactory (B) Requiring the payment of dam- probationary period. Examples of sub- ages. (If paid, this requirement is no sequent proceedings in adult offender bar to waiver consideration.)

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(C) Requiring periodic reporting to preenlistment processing to determine an officer of the court (including a pro- their mental and medical eligibility. bation officer). (g) Restrictions on help. Recruitment (D) Involving supervision by an offi- personnel will not help in any way to cer of the court (including a probation secure the release of individuals from officer). For example, a sentence sus- any type of civil restraint so that these pended on sole condition that the of- individuals may enlist or start reen- fender must not commit a like offense listment processing. The term ‘‘civil in the next 12 months does not bar restraint’’ includes confinement, pro- waiver consideration. bation, parole, and suspended sentence. (vi) For prior service personnel. Al- Persons under civil restraint that though the applicant must reveal all makes them ineligible for enlistment offenses committed, only those require a waiver that are committed during are not eligible for preenlistment proc- and/or subsequent to the last period of essing to determine their mental and honorable service, and/or those not pre- medical eligibility for enlistment. viously revealed. For Reserve Compo- nent personnel of any Service, waivers § 571.4 Periods of enlistment. are required for all offenses shown that Enlistments are authorized for peri- require a waiver, whether or not a ods of 2, 3, 4, 5, or 6 years. The enlist- waiver was authorized for entry into ee’s option determines the number of the Reserve Component. Waivers grant- years. ed to enter the Reserve Components are not valid for Regular Army enlist- § 571.5 Enlistment options. ment. Personnel who enlist in the Regular (d) Waiting period. The waiting period Army for 2 or more years are author- following release from civil restraint ized certain initial assignment choices. gives the individual an opportunity to They must meet the criteria given in demonstrate a satisfactory adjustment AR 601–210. Also, a valid Army require- and the Army a basis to judge the applicant’s rehabilitation before enlistment must exist for the skill under ment. which enlisted. (e) Required investigations. If the applicant does or does not admit a record PART 574—UNITED STATES (to include arrests, charges, juvenile SOLDIERS’ AND AIRMEN’S HOME court judgments, and convictions), and the enlisting agency has reason to be- Sec. lieve a record exists, enlistment action 574.1 Statutory authority. will be held in abeyance pending an in- 574.2 Home benefits. vestigation. 574.3 Persons eligible for admission to the (f) Civil restraint. (1) If all civil re- Home. straint is ended and there is substan- 574.4 Persons ineligible for admission to the tial evidence of rehabilitation as a law- Home. abiding member of a civil community, 574.5 Applications for admission. the applicant may be processed for en- 574.6 User fee assessment of members of the listment. Home. (2) Recruiting personnel will not help AUTHORITY: R.S. 4815, as amended; 24 U.S.C. directly or indirectly in the release of 41. an individual from a pending charge so SOURCE: 44 FR 10981, Feb. 26, 1979, unless that he or she may enlist in the Army otherwise noted. as an alternative to further prosecution or further juvenile court proceed- § 574.1 Statutory authority. ings. Equally important, recruiting personnel will in no way contribute, ei- The basic statutory authority for es- ther tacitly or expressly, to the false tablishment of the United States Sol- notion that the Army condones such a diers’ and Airmen’s Home is contained practice. Persons subject to a pending in the Act of March 3, 1851 (9 Stat. 595), charge are not eligible for enlistment. and the Act of March 3, 1883 (22 Stat. Therefore, they are not eligible for 564).

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§ 574.2 Home benefits. Regular Army or Regular Air Force; The United States Soldiers’ and Air- and men’s Home provides a home and other (iii) Is by reason of wounds, sickness, benefits authorized by law for its mem- old age or other disability, unable to bers. Some of the important Home ben- earn a livelihood. efits are as follows: (b) A requirement in each category is (a) Suitable living quarters. the performance of some service in the (b) Subsistence. Regular Army or Regular Air Force (c) Medical, dental, and hospital care. and the terminating of active service (d) Complete recreation program. in an enlisted or warrant officer status. (e) Laundry and drycleaning service. Any enlisted person or warrant officer who served as a volunteer in the Span- § 574.3 Persons eligible for admission ish American War or who served with to the Home. an organization of the Regular Army (a) The following persons are eligible during World War I will be considered for admission to the United States Sol- as having had some service in the Reg- diers’ and Airmen’s Home, except as in- ular Army. dicated in § 574.4: (c) Admission to the United States (1) First Category—Every soldier, Soldiers’ and Airmen’s Home is granted airman, or warrant officer, male or fe- by authority of the Board of Commis- male, of the Army or Air Force of the sioners. Individuals who are admitted United States, who has— to the Home will be officially des- (i) Had some service as an enlisted ignated as members. Whenever the member of warrant officer in the Regu- Home’s facilities become limited to the lar Army or Regular Air Force; and extent that it appears that all eligible (ii) Served honestly and faithfully for applicants cannot be accomodated, a 20 years or more. In computing the nec- system of priorities authorized by the essary 20 years’ time, all active service Board of Commissioners will be admin- as an enlisted member or as a warrant istered by the Governor of the Home. officer in the Army or Air Force, The objective of this system will be to whether in the regular or Reserve com- grant admission to the most deserving ponents, will be credited. Service in individuals. the Navy or the Marine Corps or service as a commissioned officer cannot be § 574.4 Persons ineligible for admission to the Home. credited. (2) Second Category—Every soldier, Admission to the Home cannot be airman, or warrant officer, male or fe- granted to any person who was con- male, of the Army or Air Force of the victed of a felony or other disgraceful United States, whether in the regular or infamous crime of a civil nature or Reserve components, who has— after entering the service of the United (i) Had some service as an enlisted States; or to any deserter, mutineer, or member or warrant officer in the Regu- habitual drunkard unless there is suffi- lar Army or Regular Air Force and cient proof of subsequent honorable (ii) Become incapable of earning a service, good conduct, and reformation livelihood because of the disease, an in- of character to satisfy the Board of jury, or wounds incurred in the mili- Commissioners. tary service of the United States, in line of duty, and not as a result of his/ § 574.5 Applications for admission. her own misconduct. Applications for admission to the (3) Third Category—Every soldier, United States Soldiers’ and Airmen’s airman, or warrant officer, male or fe- Home and information concerning eli- male, of the Army or Air Force of the gibility requirements may be obtained United States, whether in the Regular by writing directly to the Board of or Reserve components, who— Commissioners, United States Soldiers’ (i) Has served on active duty as an and Airmen’s Home, Washington, DC enlisted member or warrant officer in 20317. The Board of Commissioners will the Army or Air Force during any war; issue letters authorizing admission to (ii) Has had some service as an en- those individuals whose applications listed member or warrant officer in the are approved.

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§ 574.6 User fee assessment of mem- absence of the Superintendent, the bers of the Home. Deputy Superintendent, if present for The Board of Commissioners of the duty, shall have such government and United States Soldiers’ and Airmen’s command. The Dean of the Academic Home will collect from members of the Board has charge of the faculty and all Home a fee which may be used solely academic work, and acts as representa- for the operation of the Home. The tive of the academic departments and amount of the fee will be determined as adviser on academic matters to the by the Board of Commissioners on the Superintendent. The Commandant of basis of financial needs of the Home Cadets is in charge of the administra- and the ability of the members to pay, tion and training of the Corps of Cadets but in no case may the fee collected in and is also head of the Department of any month, in the case of any member, Tactics. exceed an amount equal to 25 percent (b) Mission. The mission of the United of the monthly— States Military Academy is to educate, (a) Military retired pay paid to such train, and motivate the Corps of Cadets member; so that each graduate shall have the (b) Civil Service annuity paid to such character, leadership, and other at- member where such annuity is based in tributes essential to progressive and part on years of military service; continuing development throughout a (c) Disability compensation or pen- career of exemplary service to the Na- sion paid to such member by the Veter- tion as an officer of the Regular Army. ans’ Administration; or (c) Courses of instruction. Courses in- (d) Military retired pay and disabil- clude academic education and military ity compensation or pension where training. In accomplishing its mission, such member is receiving both retired the Military Academy strives to de- pay and disability compensation or velop in each cadet the following pension. traits: (1) The knowledge, skill, intellectual curiosity, discipline, and motivation PART 575—ADMISSION TO THE provided by a sound education in the UNITED STATES MILITARY ACADEMY arts and sciences requisite for contin- ued professional and intellectual Sec. growth. 575.1 Military Academy. (2) A highly developed sense of per- 575.2 Admission; general. sonal honor and professional ethics. 575.3 Appointments; sources of nominations. (3) Professional and personal com- 575.4 [Reserved] mitment to the responsibilities of an 575.5 Entrance requirements. officer for soldiers. 575.6 Catalogue, United States Military (4) Selflessness. Academy. (5) The willing acceptance of respon- AUTHORITY: Secs. 3012, 4331, 70A Stat. 157, sibility for personal actions and the ac- 238; 10 U.S.C. 3012, 4331–4355. tions of subordinates. SOURCE: 44 FR 11781, Mar. 2, 1979, unless (6) The initiative and good judgment otherwise noted. to take appropriate action in the absence of instructions or supervision. § 575.1 Military Academy. (7) Physical and moral courage. (a) Organization and administration. (8) The physical strength, endurance, (1) The United States Military Acad- and conditioning habits required of a emy is under the general direction and soldier. supervision of the Department of the Army. The Secretary of the Army has § 575.2 Admission; general. designated the Chief of Staff of the (a) In one major respect, the require- Army as the officer in direct charge of ments for admission to the United all matters pertaining to West Point. States Military Academy differ from (2) The immediate government and the normal requirements for admission military command of the Academy and to a civilian college or university; each the military post at West Point are candidate must obtain an official nom- vested in the Superintendent. In the ination to the Academy. The young

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person interested in going to West sional/Gubernatorial and Service-Con- Point should, therefore, apply for a nected) and two minor categories (Fili- nomination from one of the persons au- pino and Foreign Cadets). Cadetships thorized to make nominations listed in authorized at the Military Academy § 575.4. In the application, each prospec- are allocated among various sources of tive candidate should request a nomi- nominations from the major categories nation to the United States Military as follows: Academy, and give residence, reasons Cadets at for wanting to enter the Academy, and the Acad- status of education and training. Congressional/Gubernatorial emy at any (b) A candidate’s mental qualifica- one time tions for admission are determined by Vice President ...... 5 performance on one of the regularly ad- 100 Senators (5 each) ...... 500 ministered College Entrance Examina- 435 Representatives (5 each) ...... 2,175 Delegates in Congress from: tion Board series of tests. The Military District of Columbia ...... 5 Academy will consider scores made on Virgin Islands ...... 1 the tests which are offered in Decem- Guam ...... 1 ber, January, March, and May at more Governor/Residential Commissioner of Puerto Rico ...... 6 than 700 College Board Test Centers Governors of: throughout the United States and Canal Zone ...... 1 abroad. In general, a center will be American Samoa ...... 1 within 75 miles of the candidate’s home. Candidates register for the pre- Annually Al- Service-Connected located Ca- scribed tests in accordance with the detships regularly published instructions of the College Board and pay the required fee Presidential ...... 100 Enlisted Members of the Regular Army ...... 85 directly to the College Board. Enlisted Members of the Army Reserve/Na- (c) The candidate’s physical quali- tional Guard ...... 85 fications are determined by a thorough Sons and Daughters of Deceased and Dis- medical examination and physical apti- abled Veterans (approximately) ...... 10 Honor Military, Naval Schools and ROTC ...... 20 tude test. To qualify, a candidate must Sons and Daughters of persons Awarded the be in good health, have good vision and Medal of Honor ...... Unlimited hearing, have no deformities, and have the physical strength, endurance, co- (a) Congressional / Gubernatorial Nomi- ordination, and agility of active per- nation. (1) Up to 10 nominations may be sons in their late teens. The medical submitted for each vacancy. Nominat- examination and physical aptitude ing authorities may use one of three tests are held at selected military in- methods of nomination: stallations throughout the country (i) Name 10 nominees on a totally (and overseas) on the Thursday and competitive basis, Friday preceding the regularly sched- (ii) Name a principal nominee, with uled March administration of the Col- nine competing alternates, or lege Board tests. (iii) Name a principal nominee, with nine alternates in order of preference. § 575.3 Appointments; sources of nomi- (2) The priority that a fully qualified nations. candidate may receive when considered Admission to the Military Academy for appointment is actually governed is gained by appointment to one of the by the method of nomination used. For cadetships authorized by law. Gradua- example, a principal nominee who is tion of the senior class normally leaves found minimally qualified must be of- about 915 vacancies each year. Can- fered an appointment. Conversely, the didates are nominated to qualify for same individual nominated on a totally these vacancies the year prior to ad- competitive basis, may be ranked as mission. Those nominees appointed one of the least qualified nominees for enter the Academy the following July that vacancy and, consequently, may and upon graduation are obligated to not be offered an appointment. Many serve in the Army for a period of not nominating authorities hold prelimi- less than 5 years. There are two major nary competitive nomination examina- categories of nomination (Congres- tions to select their nominees. Those

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selected are required to be actual resi- grade, social security number/service dents of the geographic location rep- number, and last organization of the resented by the nominating authority. veteran parent, together with a brief (b) Service-connected nominations. statement concerning the time, place, There is no restriction on the residence and cause of death. The claim number of nominees who compete for an ap- assigned to the veteran parent’s case pointment under these quotas. All ap- by the Veterans Administration should plications for a service-connected nom- also be furnished. ination must be submitted to the Su- (3) Children of Persons Awarded the perintendent, United States Military Medal of Honor: Applications from Academy, West Point, NY 10996, not children of persons awarded the Medal later than 15 December for the class en- of Honor should contain the applicant’s tering the following July. A descrip- full name, address, and date of birth tion of the Service-Connected nomina- (complete service address should be tion categories follows: given if the applicant is in the Armed (1) Presidential: Children of career Forces); the name, grade, and branch of military personnel in the Armed service of the parent; and a brief state- Forces who are on active duty, retired, ment of the date and circumstances of or deceased, are nominated through the award. Candidates appointed from this category. The term ‘‘career’’ in- this source may qualify in the same cludes members of the Reserve Compo- manner as a congressional principal nents currently serving 8 or more years candidate. All who are found fully of continuous active duty and Reserve qualified will be admitted as cadets, re- retirees receiving either retired or regardless of the number. tainer pay. Children of reservists re- (4) Honor Military Schools: Certain tired while not on active duty are ineli- Honor Military Schools designated by gible. Applications should include the Department of the Army, Department name, grade, social security number/ of the Navy, and Department of the Air service number, and branch of service Force are invited to recommend three of the parent as a member of such regu- candidates for nomination annually lar component, and the full name, ad- from among their honor graduates. Ap- dress, and date of birth of the applicant pointments are filled by selecting the (complete military address and social best qualified candidates regardless of security number, if in the Armed the school from which nominated. Ap- Forces). Adopted children are eligible plication should be made through the for appointment if they were adopted school Senior Army Instructor. prior to their 15th birthday; a copy of (5) Army ROTC: This category is for the order of court decreeing adoption, members of college and high school duly certified by the clerk of the court, Army Reserve Officers’ Training Corps must accompany the application. units. Application should be made (2) Children of Deceased and Disabled through the Professor of Military Veterans: This category is for children Science or Senior Army Instructor at of deceased or 100 percent disabled the school. Armed Forces veterans whose deaths or (6) Regular Army: This category is disabilities were determined to be serv- for enlisted members of the active ice-connected, and for children of mili- Army. Appointments may be awarded tary personnel or federally employed to 85 Regular Army candidates. Appli- civilians who are in a missing or cap- cation for admission, through com- tured status. Candidates holding a mand channels to the United States nomination under this category are not Military Academy Preparatory School eligible for nomination under the Pres- (USMAPS) constitutes application for idential or Medal of Honor category. nomination under this category. The Veterans Administration deter- (7) Reserve Components: This cat- mines the eligibility of all applicants. egory is for enlisted members of the The application should include the full Army Reserve and Army National name, date of birth, and address of the Guard. Application for admission applicant (complete service address should be made through command should be given if the applicant is in channels to USMAPS. Enlisted mem- the Armed Forces), and the name, bers who are not on active duty should

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apply to the Commandant, United have a legal obligation to support a States Military Preparatory School, child or children. Fort Monmouth, New Jersey 07703. (c) Filipino cadets. The Secretary of § 575.6 Catalogue, United States Mili- the Army may permit each entering tary Academy. class one Filipino, designated by the The latest edition of the catalogue, President of the Republic of the Phil- United States Military Academy, con- ippines, to receive instruction at the tains additional information regarding United States Military Academy. the Academy and requirements for ad- (d) Foreign cadets. The law permits 20 mission. This publication may be ob- persons at a time from the Latin- tained free of charge from the Reg- American Republics and Canada to re- istrar, United States Military Acad- ceive instruction at the United States emy, West Point, NY 10996, or from the Military Academy. A maximum of United States Army Military Person- three persons from any one country nel Center, HQDA (DAPC–OPP–PM), may be cadets at the same time. Such 200 Stovall Street, Alexandria, VA persons receive the same pay and al- 22332. lowances (including mileage from their homes in proceeding to the Military PART 578—DECORATIONS, MED- Academy for initial admission) as ca- ALS, RIBBONS, AND SIMILAR DE- dets appointed from the United States. VICES However, they are not entitled to appointment in the United States Armed DECORATIONS FOR INDIVIDUALS Forces upon graduation. Citizens of other foreign countries have been per- Sec. mitted from time to time to attend the 578.1 Purpose. Military Academy upon specific au- 578.2 Definitions. thorization of the United States Con- 578.3 General provisions governing the awards of decorations. gress in each case. Applications must 578.4 Medal of Honor. be submitted to the United States Gov- 578.5 Distinguished Service Cross. ernment through diplomatic channels 578.6 Distinguished Service Medal. by the governments concerned. Re- 578.7 Silver Star. quirements for the admission, advance- 578.8 Legion of Merit. ment, and graduation of foreign cadets 578.9 Distinguished Flying Cross. are similar to those for United States 578.10 Soldier’s Medal. Cadets. 578.11 Bronze Star Medal. 578.12 Air Medal. § 575.4 [Reserved] 578.12a Joint Service Commendation Medal. 578.13 Army Commendation Medal. § 575.5 Entrance requirements. 578.14 Purple Heart. 578.15 Medal for Merit. This section describes the specific re- 578.16 National Security Medal. quirements which candidates must ful- 578.17 Presidential Medal of Freedom. fill in addition to obtaining an appoint- 578.17a Distinguished Civilian Service ment as outlined in § 575.3. Medal. (a) Age. On 1 July of the year admit- 578.17b Outstanding Civilian Service Medal. ted to the Military Academy a can- 578.18 Appurtenances to military decorations. didate must be at least 17 years of age 578.19 Foreign individual awards. and must not have passed his/her 22d 578.20 Supply of medals and appurtenances. birthday. The age requirements for all 578.21 Original issue or replacement. candidates are statutory and cannot be 578.22 Exhibition. waived. 578.23 Certificates for decorations: Issuance (b) Citizenship. A candidate must be a for prior awards. citizen of the United States, except 578.24 Certificate of appreciation. those appointed specifically as foreign 578.25 Accolade and Gold Star lapel button. cadets. 578.25a Certificate of Honorable Service and Record Service (Deceased Military Per- (c) Character. Every candidate must sonnel). be of good moral character. 578.25b Certificate of Achievement. (d) Marital Status. A candidate must 578.25c Special Certificate of Achievement be unmarried and not be pregnant or for Public and Community Relations.

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SERVICE MEDALS the United States Army, medals are of 578.26 General. the following categories: 578.27 Good Conduct Medal. (a) Military decorations are awarded 578.28 Civil War Campaign Medal. on a restricted individual basis in rec- 578.29 Indian Campaign Medal. ognition of and as a reward for heroic, 578.30 Spanish Campaign Medal. extraordinary, outstanding, and meri- 578.31 Spanish War Service Medal. torious acts, achievements, and serv- 578.32 Army of Cuban Occupation Medal. ices; and such visible evidence of rec- 578.33 Army of Puerto Rican Occupation ognition is cherished by recipients. Medal. Decorations are primarily intended to 578.34 Philippine Campaign Medal. 578.35 Philippine Congressional Medal. recognize acts, achievements, and serv- 578.36 China Campaign Medal. ices in time of war. 578.37 Army of Cuban Pacification Medal. (b) The Good Conduct Medal is 578.38 Mexican Service Medal. awarded in recognition of exemplary 578.39 Mexican Border Service Medal. behavior, efficiency, and fidelity dur- 578.40 World War I Victory Medal. ing enlisted status in active Federal 578.41 Army of Occupation of Germany military service. Medal. (c) Service medals are awarded gen- 578.42 American Defense Service Medal. erally in recognition of honorable per- 578.43 Women’s Army Corps Service Medal. formance of duty during designated 578.44 American Campaign Medal. 578.45 Asiatic-Pacific Campaign Medal. campaigns or conflicts. Award of deco- 578.46 European-African-Middle Eastern rations, and to a lesser degree, award Campaign Medal. of the Good Conduct Medal and of serv- 578.47 World War II Victory Medal. ice medals, provide a potent incentive 578.48 Army of Occupation Medal. to greater effort, and are instrumental 578.48a Medal for Humane Action. in building and maintaining morale. 578.48b Korean Service Medal. 578.48c Armed Forces Reserve Medal. [26 FR 6434, July 18, 1961] 578.48d United Nations Service Medal. 578.48e National Defense Service Medal. § 578.2 Definitions. 578.48f Antarctica Service Medal. The following definitions are fur- 578.48g Armed Forces Expeditionary Medal. nished for clarity and uniformity in 578.49 Service ribbons. the determination and award of decora- 578.49a Philippine service ribbons. tions: 578.49b United Nations Medal. (a) Above and beyond the call of duty. 578.52 Miniature service medals and appurtenances. Exercise of a voluntary course of ac- 578.53 Miniature service ribbons. tion, the omission of which would not 578.54 Lapel buttons. justly subject the individual to censure 578.56 Manufacture, sale, and illegal posses- for failure in the performance of duty. sion. It usually includes the acceptance of existing danger or extraordinary re- BADGES sponsibilities with praiseworthy for- 578.60 Badges and tabs; general. titude and exemplary courage. In its 578.61 Combat and special skill badges and highest degrees it involves the vol- tabs. untary acceptance of additional danger 578.62 Qualification badges and tabs. and risk of life. AUTHORITY: Sec. 3012, 70A Stat. 157; 10 (b) Combat heroism. Act or acts of her- U.S.C. 3012. oism by an individual engaged in: SOURCE: 21 FR 7672, Oct. 6, 1956, unless oth- (1) Actual conflict with an armed erwise noted. enemy, or (2) Military operations which involve DECORATIONS FOR INDIVIDUALS exposure to personal hazards, due to direct enemy action or the imminence of § 578.1 Purpose. such action. The primary purpose of the awards (c) Combat zone. The region where program is to provide tangible evidence fighting is going on; the forward area of public recognition for acts of valor of the theater of operations where com- and for exceptional service or achieve- bat troops are actively engaged. It ex- ment. Medals constitute one of the tends from the front line to the front of principal forms for such evidence; in the communications zone.

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(d) Duty of great responsibility. Duty enterprise having a definite beginning which, by virtue of the position held, and end but not necessarily connected carries the ultimate responsibility for with a specific period of time. the successful operation of a major (k) Peacetime criteria. The criteria ap- command, activity, agency, installa- plied: tion, or project. The discharge of such (1) In a period when the United duty must involve the acceptance and States is not engaged in the prosecu- fulfillment of the obligation so as to tion of a formal declared war, or greatly benefit the interests of the (2) Outside a combat zone when the United States. United States is engaged in military (e) Duty of responsibility. Duty, which operations against an armed enemy, by virtue of the positions held, carries but is not prosecuting a formal de- a high degree of the responsibility for clared war, except that in the commu- the successful operation of a major nications zone, those individuals whose command, activity, agency, installa- duties are in connection with military tion, or project, or which requires the operations against an armed enemy exercise of judgment and decision af- may be considered under war criteria. fecting plans, policies, operations, or (l) Shall have distinguished himself or the lives and well being of others. herself by. The person thus described (f) Heroism. Specific acts of bravery must have, by praiseworthy accom- or outstanding courage, or a closely re- plishment, set himself apart from his lated series of heroic acts performed comrades or from other persons in the within an exceptionally short period of same or similar circumstances. Deter- time. mination of this distinction requires (g) In connection with military oper- careful consideration of exactly what is ations against an armed enemy. This or was expected as the ordinary, rou- phrase covers all military operations tine, or customary behavior and ac- including combat, support, and supply complishment for individuals of like which have a direct bearing on the out- rank and experience for the cir- come of an engagement or engage- cumstances involved. ments against armed opposition. To perform duty or to accomplish an act (m) Wartime criteria. The criteria to of achievement in connection with be applied under the following condi- military operations against an armed tions: enemy, the individual must have been (1) During a period of formal, de- subjected either to personal hazard as a clared war and for 1 year after the ces- result of direct enemy action (or the sation of hostilities, or imminence of such action) or must (2) During a period of military oper- have had the conditions under which ations against an armed enemy and for his duty or accomplishment took place 1 year after the cessation of hostilities. complicated by enemy action or the Only those individuals actually in the imminence of enemy action. combat zone or those individuals in the (h) Key individual. A person who is oc- communications zone whose duties in- cupying a position that is indispen- volve direct control or support of com- sable to an organization, activity, or bat operations, are to be considered project. under wartime criteria. (i) Meritorious achievement. A praise- (n) Active Federal military service. The worthy accomplishment, with easily term ‘‘active Federal military service’’ discernible beginning and end, carried means all periods of active duty and, through to completion. The length of except for service creditable for the time involved is not a consideration Armed Forces Reserve Medal, excludes but speed of accomplishment may be a periods of active duty for training. factor in determining the worth of the Service as a cadet at the United States enterprise. Military Academy is considered to be (j) Meritorious service. Praiseworthy active duty. execution of duties over a period of (o) He, his, him. Include the terms time. Service differs from achievement ‘‘she’’ and ‘‘her,’’ as appropriate. in that service concerns a period of (p) Medal. A term used in either of time while achievement concerns an two ways:

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(1) To include the three categories of means ‘‘commissioned or warrant offi- awards, namely: decorations, Good cer.’’ Conduct Medal, and service medals; or (2) To refer to the distinctive phys- [21 FR 7672, Oct. 6, 1956, as amended at 26 FR ical device of metal and ribbon which 6434, July 18, 1961] constitutes the tangible evidence of an § 578.3 General provisions governing award. the awards of decorations. (q) Officer. Except where expressly indicated otherwise, the word ‘‘officer’’ (a) To whom awarded. See Figure 1.

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VerDate 22-AUG-97 14:43 Sep 07, 1997 Jkt 010199 PO 00000 Frm 00402 Fmt 8010 Sfmt 8010 E:\CFR\174116.094 174116 Department of the Army, DoD § 578.3 The meritorious act or service must be of degree required for the award BSM to U.S. military. Usually awarded acts services performed within an active theater oper- Peace criteria apply to all personnel in times of total peace; similarly, war formal declared plus 1 year thereafter. When no has Army Medal of Honor is awarded only to officer and enlisted personnel. Awarded to foreign military in one of four degrees. The degrees Chief Commander and compare award the DSM U.S. military, Officer Legion- Awarded to foreign personnel in one of four degrees: Gold Palm (corresponds LM, Chief, Commander degree); Silver Bronze Not usually awarded to these personnel. Must meet requirement ``while participating in aerial flight.'' Commander in the grade or position of major general higher, heads Hq DA Staff agencies. Commander of any separate force in the grade or position a major general higher. He may delegate his authority to field officer. Never awarded to officers of general rank. Must meet requirement ``in actual ground combat'' for valor, awarded with a bronze star ``V'' device to distinguish from an award made achievement or service. Not awarded for service rendered as a Department of the Army employee. Last awarded in 1952. 5 6 a b c d e f g h i j k ations, never for acts of services performed within continental limits the United States. been declared but the U.S. is engaged in military operations against an armed enemy, all personnel combat zone and certain individuals communications (i.e., only those whose duties involve direct control or support of combat operations) are considered under war criteria; all remaining personnel peace criteria. naire compare to award of the LM U.S. military. Second or succeeding awards this decoration must be in same a higher degree than previous award. (corresponds to LM, Officer and Legionnaire degrees); without Palm Bronze Star Medal). Only one Medal of Freedom, either with or palm, is awarded any one person. Second and successive awards may be evidenced by the addition of a palm higher degree.

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(b) Recommendations. (1) It is the re- (4) A recommendation for the award sponsibility and privilege of any indi- of a decoration based on a period of vidual having personal knowledge of an meritorious service will not normally act, achievement, or service believed to be acted on more than 30 days prior to warrant the award of a decoration to the projected end of that period. Such submit a recommendation for consider- an award normally will not be made ation. It is usually desirable that the until the duties which the individual intended recipient not be informed of a has been performing are terminated. pending recommendation or given an When an individual departing an orga- implied promise of an award prior to nization or installation desires to initi- final approval and clearance. This is ate a recommendation for an award for especially true when the intended re- meritorious service for an individual cipient is a foreigner. who is remaining in the command, he (2) Recommendations may be submit- should leave the recommendation in ted in letter form but it is preferable written form with the commanding of- that DA Form 638 (Recommendation ficer or with his own successor for final for Award (Heroism, meritorious action when the person recommended achievement or service)) be used. This becomes eligible for consideration, as form is self-explanatory; however, indicated in paragraphs (b)(1) to (4) of close attention to detail is most essen- this section. tial. A separate recommendation in- (5) Recommendations for all awards cluding a proposed citation will be sub- which may not be finally acted on in mitted for each proposed award and the field pursuant to delegated author- only one proposed recipient will be ity will be forwarded through channels named in a single recommendation. to The Adjutant General, or directly to Lucid reporting of facts, not flowery The Adjutant General if the use of generalities, will be most likely to military channels is impracticable. achieve the object of the recommenda- Each intermediate headquarters will tion. Statements of eyewitnesses, ex- express approval or disapproval, indi- tracts from official records, sketches, cating reasons if disapproved. When an maps, diagrams, photographs, etc., will interim award is made a copy of the or- be attached to support and amplify stated facts. Statements must be ders and citation will be added to the signed and the signer clearly identified recommendation when it is forwarded. by his organization or address; if in the (c) By whom awarded—wartime cri- military service the service number teria. The award of the Medal of Honor should be included. All other docu- is made by the President. Awards of mentation should be authenticated and other decorations are made by the related to the basic recommendation. President, the Secretary of Defense, The proposed citation usually will be and the Secretary of the Army, except limited to one typewritten page (8 by that during a period when wartime cri- 101⁄2 inches) double spaced. teria apply, authority to award decora- (3) To be fully effective a decoration tions is delegated as follows: must be timely. Undue delay in the (1) The Distinguished-Service Cross, submission of a recommendation may Silver Star, Distinguished-Flying preclude its consideration as noted in Cross, Soldier’s Medal, Bronze Star paragraph (m) of this section. It is Medal, Air Medal, and Commendation highly desirable that a recommenda- Ribbon with Metal Pendant may be tion be placed in military channels and awarded to members of the Armed acted on as quickly as possible. If cir- Forces of the United States by the sen- cumstances preclude submission of a ior Army commander of any separate completely documented recommenda- force or by subordinate commanders to tion it is best to submit it as soon as whom he may delegate this authority, possible and note that additional data provided that the authority will not be is to be submitted later. Action by in- delegated to any commander below the termediate headquarters and by the grade of major general. Authority may final approving authority will be as ex- be delegated to any commander in the peditious as possible, consistent with grade of brigadier general while he is full and weighted judgment. in command of a tactical unit and, as

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such, is occupying the established posi- approved (examples: war correspond- tion vacancy of a major general. No ents, Red Cross, and USO personnel). award will be made under the provi- (6) The Medal of Freedom may be sions of this paragraph to a member of awarded by such officers as may be des- another United States Armed Forces ignated by the Secretary of the Army. service without the concurrence of the (7) The National Security Medal shall respective senior commander present. be awarded by the President or his des- (2) The Distinguished-Service Cross ignee for that purpose under either and Silver Star may be awarded by the wartime or peacetime criteria. commanding general of a United States (d) By whom awarded; peacetime cri- Army force in a theater of operations teria. (1) Awards for peacetime service to officers and members of crews of are made by the President, the Sec- ships of the United States Merchant retary of Defense, and the Secretary of Marine serving under his jurisdiction. the Army. (3) The Legion of Merit may be (2) No peacetime award of an Army awarded only by commanders specifi- decoration will be made to a member of cally designated by the Secretary of another United States Armed Forces the Army. Service without concurrence from the (4) The Silver Star, Distinguished- military department concerned. Flying Cross, Soldier’s Medal, Bronze (3) The Legion of Merit, the Soldier’s Star Medal, and Air Medal may be Medal, the Army Commendation awarded by the commanders indicated Medal, the Decoration for Distin- in paragraph (c)(1) of this section, to guished Civilian Service and the Out- members of the armed forces of friend- standing Civilian Service Award are ly foreign nations, provided concur- the only United States decorations rence has been obtained from the sen- which may be awarded by the Depart- ior commander present in the theater ment of the Army to foreign nationals of hostilities for an award to one of his under peacetime criteria. The Bronze own nationals, except as shown in Star Medal may be awarded by the De- paragraphs (c)(4) (i) and (ii) of this sec- partment of the Army to foreign nation. Such concurrence will be regarded tionals under peacetime criteria during as constituting approval by his govern- a period and in specified areas where ment for acceptance of the award. A United States troops are engaged in recommendation for any of these military operations involving conflict awards will be forwarded to the Depart- with an opposing foreign force or while ment of the Army when: serving with friendly foreign forces en- (i) The senior commander of a co- gaged in an armed conflict against an belligerent force is unable to obtain opposing armed force in which the the approval of his government. United States is not a belligerent (ii) An award to a flag or general offi- party. cer or to the senior officer of the co- (4) Authority to award the Joint belligerent force present in the area is Service Commendation Medal has been contemplated. delegated by the Secretary of Defense (5) The Purple Heart may be awarded to: by the commanding general of any sep- (i) The Deputy Secretary of Defense arate force who is in the grade or posi- for awards to military personnel as- tion of a major general or higher or by signed to the Office of the Secretary of any field grade officer to whom he may Defense. delegate the authority. The award may (ii) The Chairman, Joint Chiefs of be made to members of the Armed Staff for awards to military personnel Forces of the United States, to officers on his staff, and in those agencies and and members of crews of ships of the activities reporting through his staff. United States Merchant Marine serving (iii) Director, Defense Supply Agency within the area of his command, to ci- for awards to military personnel on his vilian citizens of the United States staff. serving with the Army, and to civilian (iv) Director, National Security citizens of the United States whose Agency for award to military personnel presence within the command has been on his staff.

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(v) Commanders in Chief of Unified igible classes of next of kin are listed and Specified Commands, for awards to in the order of their precedence in military personnel assigned to their re- § 578.25a(b). spective headquarters and to those (g) Interim awards. To insure prompt joint agencies and activities reporting recognition of an act, achievement, or to or through their commands. service, the award of a suitable lesser In wartime, this authority may be fur- military decoration may be made by ther delegated at the direction of the appropriate authority pending final ac- Secretary of Defense. tion on a recommendation for a higher (5) The Army Commendation Medal award. Each such lesser award will be may be awarded for heroism, meritori- revoked simultaneously with an award ous achievement or meritorious service of a higher military decoration for the by any commander in the grade or po- same act. sition of a Major General or higher and (h) Awards of a lower decoration. When by the heads of Headquarters Depart- an interim award has not been made as ment of the Army staff agencies to provided in paragraph (g) of this sec- members of the Army of the United tion, the commander having authority States below the grade of Brigadier to take final action in the case may General. The Army Commendation award a lower decoration in lieu of the Medal may be awarded by the appro- one recommended. priate commander as an interim award (i) Duplication of awards. Only one in accordance with paragraph (g) of military decoration will be awarded for this section in those cases involving the same act, achievement, or period of heroism and for which a recommenda- meritorious service. An award for meri- tion for the award of the Distinguished torious service may include meritori- Flying Cross or the Soldier’s Medal has ous achievements, but duplicating been submitted. Awards of the Army awards will not be made for meritori- Commendation Medal may also be ous achievement and meritorious serv- made under the provisions of AR 672– ice involving the same period of time. 301 (Incentive Awards). Continuation of the same or similar (6) The National Security Medal is type service already recognized by an awarded as noted in paragraph (c)(7) of award for meritorious service will not this section. be given a second award. If appropriate, (e) Civilian components. Awards of the an award may be made to include the Soldier’s Medal, Distinguished-Flying extended period of service by supersed- Cross, Air Medal, and Commendation ing the earlier award, or if considered Ribbon with Metal Pendant may be appropriate by the awarding authority, made by the Secretary of the Army to and desired by the individual, the members of the civilian components of award previously made may be amend- the Army not in Federal service or on ed to incorporate the extended period active duty for acts and services inci- of service. An award for heroism per- dent to membership in such civilian formed within a period which is recog- components or directly related to at- nized by an award for meritorious serv- tendance on occasions of military duty. ice is not a duplication. (f) Posthumous awards. Awards may (j) Conversion of awards. Awards of be made following the decease of the certain decorations on the basis of ex- person being honored in the same man- isting letters, certificates, and/or or- ner as they are made for a living per- ders, as hereinafter authorized will be son except that the orders and citation made only upon letter application of will indicate that the award is being the individuals concerned to The Adju- made posthumously. Engraved certifi- tant General, Washington, DC 20310. If cates for presentation with the decora- possible, the applicant for the conver- tions will not contain the word post- sion of an award of the Bronze Star humous. When the next of kin resides Medal or Commendation Ribbon should in the United States, orders announc- inclose the original or a copy of the ing the award, together with the cita- documentation which he wishes to tion and related papers will be for- have considered, or furnish all possible warded to The Adjutant General who details as to time, place, and deed or will cause presentation to be made. El- service to assist in locating any copy of

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the commendation which may have (2) Awards of military decorations been recorded. may be made in recognition of pre- (k) Character of service. No decoration viously issued orders, letters, or cer- shall be awarded or presented to any tificates, and in exchange of decora- individual whose entire service subse- tions as may be authorized in this sec- quent to the time of the distinguished tion. act, achievement, or service shall not (n) Announcement of awards. All have been honorable. The Act of July 9, awards made pursuant to delegated au- 1918 (40 Stat. 871) as amended (10 U.S.C. thority will be announced in general 1409); the Act of July 2, 1926 (44 Stat. orders by the commander authorized to 789), as amended (10 U.S.C. 1429). make the award. Complete citations (l) Disapproval of awards. Whenever a for acts of heroism are normally in- recommendation for the award of a cluded in orders announcing the award. decoration is disapproved, the dis- Orders announcing awards for meritori- approving officer will indicate the spe- ous achievement and meritorious serv- cific reason or reasons for such action. ice normally include only the places The disapproval of a recommendation and inclusive dates of such achieve- by an officer subordinate to the comments and services; the complete cita- mander having authority to award the tion is then prepared separately for decoration will not constitute author- presentation and record purposes. ity for the return of the recommenda- Awards made by the President and the tion to the initiator, except that rec- Secretary of the Army will be announced in Department of the Army ommendations for an award for meri- General Orders when appropriate. torious service which describe only per- (o) Recording of awards. The award of formance of normal duty in time of a military decoration will be entered in peace will be automatically dis- the personnel records of the recipient approved and returned to the initiator. and in the unit history of his organiza- All recommendations which have been tion in the manner prescribed in Army finally disapproved by the commander regulations. having authority to award the decora- (p) Engraving of awards. The Medal of tion recommended will be considered Honor is engraved with the grade, by that commander for the award of a name, and organization of the recipi- lesser but appropriate decoration ent. The Medal of Freedom is engraved which, if approved, will be forwarded in on the edge, and the reverse of all lieu thereof. All disapproved rec- other decorations is engraved with the ommendations will be returned to the name of the recipient. Normally, en- initiator if he is in the military service graving will be accomplished prior to and will be returned through the same presentation. When this is impractica- channels employed for forwarding. ble, the recipient will be advised of his (m) Time limitations. By operation of privilege to mail the decoration to law a military decoration will not be Commanding General, Philadelphia awarded more than 3 years after the Quartermaster Depot, Philadelphia, action or period of service being hon- Pennsylvania, for engraving at Govern- ored, and in each instance the rec- ment expense. ommendation for an award must be for- (q) Presentation of decoration—(1) mally entered into military channels Medal of Honor. The Medal of Honor is within 2 years of the date of the act, usually presented to living recipients achievement, or service to be honored. by the President of the United States (1) Awards of military decorations at the White House. Posthumous pres- may be made in cases where prior simi- entation to the next of kin is normally lar recommendations have been acted made in Washington, DC, by the Presi- upon by commanders who had author- dent or his personal representative. ity to approve the awards, provided the (2) Other United States military decora- requests for reconsideration or upgrad- tions. Presentation will be timely. They ing are submitted within the time lim- will be made with an appropriate air of its prescribed above and such requests formality and with fitting ceremony. are accompanied by new and material (3) Conversion awards. Conversion evidence in support thereof. awards are not usually presented with

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formal ceremony, however, such pres- eagle grasping laurel leaves in one claw entation may be made at the discretion and arrows in the other. In the center of local commanders. of the star is the head of Minerva sur- (4) Act of presentation. A decoration rounded by the inscription ‘‘United may be pinned on the clothing of the States of America.’’ Each ray of the recipient, whether in uniform or civil- star bears an oak leaf in green enamel. ian clothing or on the next of kin in On the reverse of the bar are stamped the case of an award following death; the words ‘‘The Congress To.’’ The however, this will not be construed as medal is suspended by a hook to a ring authority for any person other than fastened behind the eagle. The hook is the individual honored by the decora- attached to a light-blue moired silk tion to wear it. As an alternative to neckband, 13⁄16 inches in width and 213⁄4 pinning the decoration, it may be inches in length, behind a square pad in handed to the recipient in an open the center made of the ribbon with the decoration container. corners turned in. On the ribbon bar [21 FR 7672, Oct. 6, 1956, as amended at 21 FR are 13 white stars arranged in the form 10010, Dec. 18, 1956; 24 FR 1790, Mar. 12, 1959; of a triple chevron, consisting of two 26 FR 6434, July 18, 1961; 29 FR 527, Jan. 22, chevrons of 5 stars and one chevron of 1964] 3 stars. A hexagonal rosette of light- blue ribbon 1⁄2 inch circumscribing di- § 578.4 Medal of Honor. ameter, with a fan-shaped ribbon insert (a) Criteria. The Medal of Honor, es- showing white stars, is included for tablished by Joint Resolution of Con- wear on civilian clothing. gress, 12 July 1862 (amended by Act of (c) Medal of Honor Roll. The Medal of 9 July 1918 and Act of 25 July 1963) is Honor Roll was established by Act of awarded in the name of Congress to a Congress, April 27, 1916, as amended, 38 person who, while a member of the U.S.C. 560. It provides that each Medal Army, distinguished himself conspicu- of Honor awardee may have his name ously by gallantry and intrepidity at entered on the Medal of Honor Roll. the risk of his life above and beyond Each person whose name is placed on the call of duty while engaged in an ac- the Roll is certified to the Veterans’ tion against an enemy of the United Administration as being entitled to re- States; while engaged in military oper- ceive a special pension of $100 per ations involving conflict with an op- month for life, payable monthly by posing foreign force; or while serving that agency. The payment of this spe- with friendly foreign forces engaged in cial pension is in addition to, and does an armed conflict against an opposing not deprive the pensioner of any other armed force in which the United States pension, benefit, right, or privilege to is not a belligerent party (Figure 1). which he is or may thereafter be enti- The deed performed must have been tled. A written application must be one of personal bravery or self-sacrifice made by the awardee to have his name so conspicuous as to clearly distinguish placed on the Medal of Honor Roll and the individual above his comrades and to receive the special pension. For must have involved risk of life. Incon- Army personnel, proper blanks and in- testable proof of the performance of structions shall be furnished without the service will be exacted and each charge upon request to The Adjutant recommendation for the award of this General, Department of the Army, decoration will be considered on the Washington, DC 20314, Attention: standard of extraordinary merit. Eligi- AGPB–AC. The application must bear bility is limited to members of the the full personal signature of the appli- Army of the United States in active cant. Federal military service. (d) Additional benefits. (1) Air trans- (b) Description. A gold-finished bronze portation: See AR 96–20 (Army Regula- star, one point down, 19⁄16 inches in ditions pertaining to Air Transpor- ameter with rays terminating in tation). trefoils, surrounded by a laurel wreath (2) Sons of winners of the Medal of in green enamel, suspended by two Honor, otherwise qualified for admis- links from a bar bearing the inscrip- sion to the United States Military tion ‘‘Valor’’ and surmounted by an Academy, will not be subject to quota

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requirements (see annual catalog, ance of normal duty will not alone jus- United States Military Academy). tify an award of this decoration. (2) For service not related to actual (Sec. 3741, 70A Stat. 215; 10 U.S.C. 3741) war the term ‘‘duty of great respon- [21 FR 7672, Oct. 6, 1956, as amended at 29 FR sibility’’ applies to a narrower range of 527, Jan. 22, 1964; 35 FR 9279, June 13, 1970] positions than in time of war, and requires evidence of conspicuously sig- § 578.5 Distinguished Service Cross. nificant achievement. However, jus- (a) Criteria. The Distinguished Serv- tification of the award may accrue by ice Cross, established by Act of Con- virtue of exceptionally meritorious gress 9 July 1918 (amended by Act of 25 service in a succession of high posi- July 1963), is awarded to a person who, tions of great importance. while serving in any capacity with the (3) Awards may be made to persons Army, distinguishes himself by ex- other than members of the Armed traordinary heroism not justifying the Forces of the United States for war- award of a Medal of Honor while en- time services only, and then only under gaged in an action against an enemy of exceptional circumstances with the ex- the United States, while engaged in press approval of the President, in each military operations involving conflict case. with an opposing force, or while serv- (b) Description. The coat of arms of ing with friendly foreign forces en- the United States in bronze surrounded gaged in an armed conflict against an by a circle of dark-blue enamel 11⁄2 opposing armed force in which the inches in diameter, bearing the inscrip- United States is not a belligerent party tion ‘‘For Distinguished Service (Figure 1). The act or acts of heroism MCMXVIII.’’ On the reverse, a blank must have been so notable and have in- scroll upon a trophy of flags and weap- volved risk of life so extraordinary as ons. The medal is suspended by a bar 3 to set the individual apart from his from a moired silk ribbon, 1 ⁄8 inches in 3 comrades. length and 1 ⁄8 inches in width, composed of a bank of scarlet (5⁄8-inch), a (b) Description. A cross of bronze 2 stripe of dark-blue (1⁄16-inch), a band of inches in height and 113⁄16 inches in white (5⁄8-inch), a stripe of dark-blue width with an eagle on the center and (1⁄16-inch), and a band of scarlet (5⁄16- a scroll below the eagle bearing the in- inch). scription ‘‘For Valor.’’ On the reverse, the center of the cross is circled by a (Sec. 3743, 70A Stat. 216; 10 U.S.C. 3743) wreath. The cross is suspended by a ring from moired silk ribbon, 13⁄8 inches § 578.7 Silver Star. in length and 13⁄8 inches in width, com- (a) Criteria. The Silver Star, estab- posed of a band of red (1⁄8-inch), white lished by Act of Congress 9 July 1918 (1⁄16-inch), blue (1-inch), white (1⁄16- (amended by Act of 25 July 1963), is inch), and red (1⁄8-inch). awarded to a person who, while serving in any capacity with the Army, is cited (Sec. 3742, 70A Stat. 215; 10 U.S.C. 3742) for gallantry in action that does not [21 FR 7672, Oct. 6, 1956, as amended at 29 FR warrant a Medal of Honor or Distin- 527, Jan. 22, 1964] guished Service Cross while engaged in an action against an enemy of the § 578.6 Distinguished Service Medal. United States, while engaged in mili- (a) Criteria. (1) The Distinguished tary operations involving conflict with Service Medal, established by Act of an opposing foreign force, or while Congress on July 9, 1918, is awarded to serving with friendly foreign forces en- any person who, while serving in any gaged in an armed conflict against an capacity with the Army of the United opposing armed force in which the States, shall have distinguished him- United States is not a belligerent party self or herself by exceptionally meri- (Figure 1). The required gallantry, torious service to the Government in a while of lesser degree than that re- duty of great responsibility (Fig. 1). quired for the award of the Medal of The performance must be such as to Honor or Distinguished Service Cross, merit recognition for service which is must nevertheless have been performed clearly exceptional. Superior perform- with marked distinction. It is also

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awarded upon letter application to The meritorious service in a succession of Adjutant General to those individuals important positions. who, while serving in any capacity (3) The accomplishment of the duty with the Army, received a citation for should have been completed prior to gallantry in action in World War I pub- submitting a recommendation, or if the lished in orders issued by the head- person being recommended has been quarters of a general officer. transferred prior to completion, the ac- (b) Description. A bronze star 11⁄2 complishment must have progressed to inches in circumscribing diameter. In what may be clearly determined to be the center thereof is a 3⁄16-inch diame- an exceptional degree. ter raised silver star, the center lines (4) Awards will be made without ref- of all rays of both stars coinciding. The erence to degree and for each such reverse has the inscription ‘‘For Gal- award, the Legion of Merit (Legion- lantry in Action.’’ The star is sus- naire) will be issued. pended by a rectangular-shaped metal (b) Criteria for armed forces of foreign loop with corners rounded from a nations. (1) See AR 672–7 (Army Regula- moired silk ribbon 13⁄8 inches in length tions pertaining to Legion of Merit for and 13⁄8 inches in width, composed of foreign nationals). stripes of blue (3⁄32-inch), white (3⁄64- (2) Each award will be made in one of inch), blue (7⁄32-inch), white (7⁄32-inch), the following degrees, which are listed red (7⁄32-inch), white (7⁄32-inch), blue (7⁄32- in order or rank: inch), white (3⁄64-inch), and blue (3⁄32- (i) Chief Commander. inch). (ii) Commander. (iii) Officer. (Sec. 3746, 70A Stat. 216; 10 U.S.C. 3746) (iv) Legionnaire. [21 FR 7672, Oct. 6, 1956, as amended at 29 FR (3) Awards of this decoration in the 527, Jan. 22, 1964] degrees of Chief Commander and Com- mander are comparable to awards of § 578.8 Legion of Merit. the Distinguished-Service Medal and The Legion of Merit, established by the standards prescribed in § 578.6 (a) Act of Congress July 20, 1942, is award- will be applied in considering such ed to any member of the Armed Forces awards. of the United States or of a friendly (4) Awards in the lesser degrees of foreign nation who has distinguished this decoration are comparable to himself or herself by exceptionally awards of the Legion of Merit to mem- meritorious conduct in the perform- bers of the Armed Forces of the United ance of outstanding services. See Fig- States and the standards prescribed in ure 1. paragraph (a) of this section are appli- (a) Criteria for Armed Forces of the cable. United States. (1) The performance must (5) Second or succeeding awards of have been such as to merit recognition this decoration will be in the same or a of key individuals for service rendered higher degree than the previous award. in a clearly exceptional manner. Supe- (c) Description—(1) Chief Commander. rior performance of duties normal to A domed five-pointed American white the grade, branch, specialty, or assign- star plaque of heraldic form bordered ment, and experience of an individual in purplish-red enamel 215⁄16 inches cir- is not an adequate basis for this award. cumscribing diameter with 13 white (2) For service not related to actual stars on a blue field emerging from a war, the term ‘‘key individuals’’ ap- circle of clouds; backing the star, a plies to a narrower range of positions laurel wreath with pierced, crossed ar- than in time of war and requires evi- rows pointing outward between each dence of significant achievement. Such arm of the star and the wreath. The re- service, performed in peacetime, should verse is engraved with the words be in the nature of a special require- ‘‘United States of America.’’ ment or the performance of an ex- (2) Commander. A five-pointed Amer- tremely difficult duty in an unprece- ican white star of heraldic form bor- dented and clearly exceptional manner. dered in purplish-red enamel 21⁄4-inches However, justification of the award circumscribing diameter with 13 white may accrue by virtue of exceptionally stars on a blue field emerging from a

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circle of clouds; backing the star, a flight (Figure 1). The performance of laurel wreath with pierced, crossed ar- the act of heroism must be evidenced rows pointing outward between each by voluntary action in the face of great arm of the star and the wreath. A danger above and beyond the call of bronze wreath connects an oval suspen- duty while participating in aerial sion ring to a neck ribbon. The reverse flight. The extraordinary achievement of the five-pointed star is enameled in while participating in aerial flight white. bordered in purplish-red enamel; must have resulted in an accomplish- in the center is a disk surrounded by ment so exceptional and outstanding as the words ‘‘Annuit Coeptis’’ and to clearly set the individual apart from ‘‘MDCCLXXXII,’’ and on the scroll are his comrades, or from other persons in the words ‘‘United States of America.’’ similar circumstances. Awards will be The moired silk neck ribbon is 211⁄4 made only to recognize single acts of inches in length and 115⁄16 inches in heroism or extraordinary achievement width composed of a bank of purplish- and will not be made in recognition of 13 red (1 ⁄16-inches) with edges of white sustained operational activities 1 ( ⁄16-inch). against an armed enemy. It should also (3) Officer. A five-pointed American be noted that if a higher decoration is white star of heraldic form bordered in considered to be merited for the hero- 7 purplish-red enamel 1 ⁄8-inches cir- ism or extraordinary achievement cumscribing diameter with 13 white while participating in aerial flight, rec- stars on a blue field emerging from a ommendation may be made for any ap- circle of clouds; backing the star, a propriate higher award. laurel wreath with modeled, crossed ar- 1 rows pointing outward between each (b) Description. On a bronze 1 ⁄2-inch arm of the star and the wreath, and an cross pattee, a four-bladed propeller 11 all-bronze device of the same design as 1 ⁄16 inches across the blades; in the re- entrant angles, rays forming a 1-inch the pendant 3⁄4 inch in diameter on the center of the suspension ribbon. On the square. The cross is suspended by a reverse is a disk surrounded by the plain, straight link from a moired silk 3 3 words ‘‘Annuit Coeptis’’ and ribbon 1 ⁄8 inches in length and 1 ⁄8 ‘‘MDCCLXXXII,’’ and on the scroll are inches in width, composed of stripes of 7 9 the words ‘‘United States of America.’’ blue ( ⁄64-inches), white ( ⁄64-inch), blue 11 3 3 The pendant is suspended by a moired ( ⁄32-inch), white ( ⁄64-inch), red ( ⁄32- inch), white (3⁄64-inch), blue (11⁄32-inch), silk ribbon 17⁄8 inches in length and 13⁄8 9 7 inches in width, composed of a bank of white ( ⁄64-inch), and blue ( ⁄64-inch). purplish-red (11⁄4-inches) with edges of (Sec. 3749, 70A Stat. 217; 10 U.S.C. 3749, E.O. white (1⁄16-inch). 4601, March 1, 1927, as amended by E.O. 7786, (4) Legionnaire. Same as prescribed in January 8, 1938, 3 FR 39) paragraph (c)(3) of this section, except the all-bronze device is not worn on the § 578.10 Soldier’s Medal. ribbon. (a) Criteria. The Soldier’s Medal, es- (Sec. 1121, 70A Stat. 88; 10 U.S.C. 1121, E.O. tablished by Act of Congress July 2, 9260, October 29, 1942, 7 FR 8819, 3 CFR, 1943 1926, is awarded to any person who, Cum. Supp.) while serving in any capacity with the [21 FR 7672, Oct. 6, 1956, as amended at 22 FR Army of the United States, shall have 9692, Dec. 4, 1957] distinguished himself or herself by heroism not involving actual conflict with § 578.9 Distinguished Flying Cross. an armed enemy (Figure 1). The same (a) Criteria. The Distinguished Flying degree of heroism is required as that Cross, established by Act of Congress for an award of the Distinguished Fly- July 2, 1926, is awarded to any member ing Cross. The performance must have of the Armed Forces of the United involved personal hazard or danger and States and of friendly foreign nations the voluntary risk of life under condi- who while serving in any capacity with tions other than those involving con- the Army of the United States, shall flict with an armed enemy. Awards will have distinguished himself or herself not be made solely on the basis of hav- by heroism or extraordinary achieve- ing saved a life. The award of this deco- ment while participating in aerial ration will be limited to members of

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the Armed Forces of the United States September 2, 1945, inclusive, or whose and of friendly foreign nations. meritorious achievement or exemplary (b) Description. On a 13⁄8-inch bronze conduct in ground combat against an octagon, an eagle displayed, standing armed enemy during such period has on a fasces, between two groups of been otherwise confirmed in writing by stars of six and seven, above the group documents executed prior to July 1, of six a spray of leaves. On the reverse 1947. Documents which have been exe- is a shield paly of 13 pieces on the cuted since August 4, 1944 in connec- chief, the letters ‘‘U.S.’’ supported by tion with recommendations for the sprays of laurel and oak, around the award of decorations of higher degree upper edge the inscription ‘‘Soldier’s than the Bronze Star Medal will not be Medal,’’ and across the face the words used to establish a basis for the award ‘‘For Valor.’’ The medal is suspended of this decoration under the provisions by a rectangular-shaped metal loop of this paragraph. with corners rounded from a moired (b) Description. A bronze star 11⁄2 3 3 silk ribbon 1 ⁄8 inches in length and 1 ⁄8 inches in circumscribing diameter. In inches in width, composed of two out- the center thereof is a 3⁄16-inch diame- 3 side stripes of blue ( ⁄8-inch), the center ter raised bronze star, the center line containing 13 white and red stripes of of all rays of both stars coinciding. The equal width (7 white and 6 red). reverse has the inscription ‘‘Heroic or (Sec. 3750, 70A Stat. 217; 10 U.S.C. 3750) Meritorious Achievement.’’ The star is suspended by a rectangular-shaped loop § 578.11 Bronze Star Medal. with corners rounded from a moired (a) Criteria. The Bronze Star Medal, silk ribbon 13⁄8 inches in length and 13⁄8 established by Executive Order on Feb- inches in width, composed of stripes of ruary 4, 1944, is awarded to any person white (1⁄32-inch), red (9⁄16-inch), white who, while serving in any capacity in (1⁄32-inch), blue (1⁄8-inch), white (1⁄32- or with the Army of the United States, inch), red (9⁄16-inch), and white (1⁄32- on or after December 7, 1941, shall have inch). A bronze block letter ‘‘V’’ 1⁄4 inch distinguished himself or herself by he- in height with serifs at the top of the roic or meritorious achievement or members is worn on the suspension and service, not involving participation in service ribbons of the Bronze Star aerial flight, in connection with mili- Medal to denote an award made for tary operations against an armed heroism (valor). Not more than one enemy. See Figure 1. ‘‘V’’ device will be worn. When one or (1) Heroism. Awards may be made for more oak-leaf clusters appear on the acts of heroism performed in actual same ribbon the ‘‘V’’ device is worn on ground combat against an armed the wearer’s right. enemy which are of lesser degree than required for the award of the Silver (E.O. 9419, Feb. 4, 1944, 9 FR 1495) Star. (2) Meritorious achievement and service. § 578.12 Air Medal. (i) Awards may be made to recognize (a) Criteria. The Air Medal, estab- single acts of merit and meritorious lished by Executive Order on May 11, service. The required achievement or 1942, is awarded to any person who, service, while of lesser degree than while serving in any capacity in or that required for the award of the Le- with the Army of the United States, gion of Merit, must nevertheless have has distinguished himself or herself by been meritorious and accomplished meritorious achievement while partici- with distinction. pating in aerial flight (Fig. 1). Awards (ii) Awards may be made, upon letter may be made to recognize single acts of application to The Adjutant General, merit or sustained operational activi- to those members of the Armed Forces ties against an armed enemy. The re- of the United States who, on or after quired achievement, while of lesser de- December 7, 1941, have been awarded gree than that required for the award the Combat Infantryman Badge or of the Distinguished Flying Cross, Medical Badge for exemplary conduct must nevertheless have been accom- in ground combat against an armed plished with distinction above and be- enemy between December 7, 1941 and yond that normally expected.

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(b) Description. A bronze compass rose (7) Headquarters of joint task forces, 111⁄16-inches circumscribing diameter joint commands or control groups, re- suspended by the pointer and charged porting through the Joint Chiefs of with an eagle volant carrying two Staff, unified, specified or subordinate lightning flashes in its talons. The joint commanders, to include service points of the compass rose on the re- components assigned to a joint com- verse are modeled with the central por- mand for exercise purposes (e.g., tion plain. The medal is suspended STRIKE Command). from a moired silk ribbon 13⁄8 inches in (8) Other joint activities reporting to length and 13⁄8 inches in width, com- commanders of unified or specified posed of a band of ultramarine blue (1⁄8- commands (e.g., Military Assistance inch), a band of golden orange (1⁄4-inch), Advisory Groups or Joint Missions). 5 a band of ultramarine blue ( ⁄8-inch), a [29 FR 527, Jan. 22, 1964] band of golden orange (1⁄4-inch), and a band of ultramarine blue (1⁄8-inch), by a § 578.13 Army Commendation Medal. ring engaging the pointer. (a) Criteria. The Army Commendation (E.O. 9158, May 11, 1942, 7 FR 3541, as amend- Medal established by the Secretary of ed by E.O. 9242A, Sept. 11, 1942, 7 FR 7874) War on December 18, 1945, and amended in Department of the Army General Or- § 578.12a Joint Service Commendation ders 10, 1960, is awarded to any mem- Medal. bers of the Armed Forces of the United Department of Defense Directive States who, while serving in any capac- 1348.14, 25 June 1963, established the ity with the Army after December 6, Joint Service Commendation Medal 1941, shall have distinguished himself This decoration is awarded in the name by meritorious achievement or meri- of the Secretary of Defense and shall torious service. (See Figure 1.) take precedence with, but before, the (1) The required meritorious achieve- Army Commendation Medal when both ment or meritorious service while of are worn on the uniform. The decora- lesser degree than that required for the tion is not awarded to any individual award of the Legion of Merit must nev- for a period of service for which an- ertheless have been accomplished with other meritorious decoration has been distinction and must have been of the awarded. same degree as required for the award of the Bronze Star Medal or Air Medal. (a) Eligibility. Any member of the An award may be made when the oper- Armed Forces of the United States who ational requirements for the award of distinguishes himself by meritorious the Bronze Star Medal have not been achievement or service while serving in fully met. any assignment specified in paragraph (2) An award may be made for acts of (b) of this section after 1 January 1963 outstanding courage which do not meet is eligible for this award. The required the requirements for an award of the achievement or service, while of lesser Soldier’s Medal. degree than that required for award of (3) An award for meritorious service the Legion of Merit, must nevertheless will not normally be made for a period have been accomplished with distinc- of service of less than 6 months’ duration. tion. (b) Joint activities. Military personnel (4) The Army Commendation Medal assigned to the following joint activi- will not be awarded to general officers. ties are eligible for the award: (5) It is particularly desirable that (1) Office of the Secretary of Defense. emphasis be placed on the award of this (2) Organization of the Joint Chiefs of decoration to outstanding company Staff. grade officers, warrant officers, and en- (3) Defense Supply Agency. listed personnel whose achievements (4) National Security Agency. and services meet the prescribed stand- (5) Other Department of Defense ards. agencies or joint activities reporting (6) Awards may be made upon letter through the Joint Chiefs of Staff. application to The Adjutant General to (6) Headquarters, unified and special any individual commended after De- commands. cember 6, 1941, and prior to January 1,

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1946, in a letter, certificate, or order of lesion is not required, provided the commendation, as distinguished from concussion or other form of injury re- letter of appreciation, signed by an of- ceived was directly due to enemy ac- ficer in the grade or position of a major tion and required treatment by a medi- general or higher. cal officer. Awards will not be made by (7) The Army Commendation Medal reason of injuries due to frostbite or may be awarded in connection with trenchfoot. Not more than one award military participation in the Depart- of this decoration will be made for ment of the Army Suggestion Program. more than one wound or injury re- (8) Awards of the Army Commenda- ceived at the same instant or from the tion Ribbon and of the Commendation same missile, force, explosion, or Ribbon with Metal Pendant are redes- agent. ignated by Department of the Army (2) Records of medical treatment for General Orders 10, March 31, 1960, as wounds or injuries received in action as awards of the Army Commendation prescribed above must have been made Medal, without amendments of certifi- a matter of official record during the cates or of orders previously issued. period of hostilities or within 6 months (b) Description. On a 13⁄8-inch bronze thereafter. hexagon, one point up, an American (3) Awards may be made, upon letter bald eagle with wings displayed hori- application, to those individuals who, zontally grasping three crossed arrows as members of the Army, prior to De- and bearing on its breast a shield paly cember 7, 1941, were awarded Meritori- of 13 pieces and a chief. On the reverse ous Services Citation Certificates by between the words ‘‘For Military’’ and the Commander-in-Chief, American Ex- ‘‘Merit’’ a panel, all above a sprig of peditionary Forces, during World War I laurel. A moired silk ribbon 13⁄8 inches and/or were authorized to wear wound in length and 13⁄8 inches in width, com- chevrons. 3 posed of stripes of white ( ⁄32-inch), (4) Those individuals who, as mem- 25 1 green ( ⁄64-inch), white ( ⁄32-inch), green bers of the Army, on or after December 1 1 1 ( ⁄16-inch), white ( ⁄32-inch), green ( ⁄16- 7, 1941, were awarded the Purple Heart 1 1 inch), white ( ⁄32-inch), green ( ⁄16-inch), for meritorious achievement or service 1 1 white ( ⁄32-inch), green ( ⁄16-inch), white in connection with military operations 1 25 ( ⁄32-inch), green ( ⁄64-inch), and white against the enemy may make applica- 3 ( ⁄32-inch). tion for the award of an appropriate [21 FR 7672, Oct. 6, 1956, as amended at 26 FR decoration in lieu of the Purple Heart. 6434, July 18, 1961] (5) A Purple Heart will be issued by The Adjutant General to the next of § 578.14 Purple Heart. kin of each person entitled to a post- (a) Criteria. The Purple Heart, estab- humous award. Issue will be made lished by General George Washington automatically as soon as possible after at Newburgh, New York, on August 7, receipt by the Department of the Army 1782, and revived by the President on of a report of death under cir- February 22, 1932, is awarded to any cumstances indicating such entitle- member of the Armed Forces of the ment, and notwithstanding the fact United States and to any civilian citi- that the records indicate the presen- zen of the United States serving with tation of a Purple Heart to the de- the Army who was wounded either in ceased person prior to death. action against an armed enemy of the (b) Description. On a purple heart United States or as a direct result of within a bronze border, a profile head an act of such enemy, provided the in relief of General George Washington wound necessitated treatment by a in military uniform. Above the heart is medical officer. See Figure 1. a shield of General Washington’s coat (1) For the purpose of considering an of arms between two sprays of leaves in award of this decoration, a ‘‘wound’’ is green enamel. On the reserve below the defined as an injury to any part of the shield and leaves without enamel is a body from an outside force or agent raised bronze heart with the inscrip- sustained while in action in the face of tion ‘‘For Military Merit.’’ The entire the armed enemy or as a result of a device is 111⁄16 inches in length. The hostile act of such enemy. A physical medal is suspended by a rectangular-

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shaped loop with corners rounded from in the field of intelligence relating to a moired silk ribbon 13⁄8 inches in the national security. This contribu- length and 13⁄8 inches in width consist- tion may consist of either exception- ing of a purple (pansy) center with ally meritorious service performed in a white edges (1⁄8-inch). position of high responsibility or of an act of valor requiring personal courage § 578.15 Medal for Merit. of a high degree and complete dis- (a) Criteria. The Medal for Merit was regard of personal safety. established by Act of Congress on July (b) Description. A blue enameled com- 20, 1942, to be awarded to civilians of pass rose surrounded by a red enameled the nations prosecuting the war under oval, the interior dimensions of which the joint declaration of the United Na- are 1 inch vertically and 7⁄8 inch hori- tions and of other friendly foreign na- zontally, bearing the inscription ‘‘Unit- tions who have, subsequent to the proc- ed States of America’’ at the top and lamation of an emergency by the Presi- ‘‘National Security’’ at the bottom, the dent, distinguished themselves by ex- whole enclosed within a laurel wreath ceptionally meritorious conduct in the of gold-finished bronze surmounted by performance of outstanding services. an American bald eagle standing with The Medal for Merit has not been wings raised. On the reverse a serial awarded since 1952. number appears on the eagle and the (b) Description. An eagle displayed words ‘‘Presented To’’ are impressed on standing on a vertical sheaf of arrows the compass rose. The name of the re- bearing the inscription ‘‘Novus Ordo cipient is engraved below. The medal is Seclorum,’’ all gold-finished bronze, in suspended by a loop from a silk moire 3 front of a ring of dark-blue enamel 11⁄2 ribbon 2 inches in length and 1 ⁄8 inches inches in diameter, bearing 13 white in width, composed of a band of dark- enamel stars. On the gold-finished blue (1⁄4-inch), gold (3⁄32-inch), dark blue bronze reverse, the ring, in front of the (11⁄16-inch), gold (3⁄32-inch), dark blue eagle and arrows in reverse, the words (1⁄4-inch). Diagonal gold lines (3⁄32 inch ‘‘United States of America’’ at the top in width and 3⁄32 inch apart) extend and ‘‘For Merit’’ at the bottom in front downward from the wearer’s right to of a spray of laurel leaves. The medal is left across the center band of dark connected to the suspension ring by a blue. The miniature of this medal is wreath of laurel leaves, green enamel furnished at the time of the award. on the front and gold-finished bronze (E.O. 10431, January 19, 1953, 18 FR 437) on the back. The medal is suspended by a moired silk ribbon 17⁄8 inches in § 578.17 Presidential Medal of Free- length and 13⁄8 inches in width, com- dom. 9 posed of a stripe of purplish-red ( ⁄16- (a) Criteria—(1) Medal of Freedom. The 1 inch), a stripe of white ( ⁄16-inch), a Medal of Freedom was established by 1 stripe of purplish-red ( ⁄8-inch), a stripe Executive Order 9586, 6 July 1945, as 1 of white ( ⁄16-inch), and a stripe of pur- amended by Executive Order 10336, 5 9 plish-red ( ⁄16-inch). A circular cup- April 1952, to be awarded to any person shaped rosette of purplish-red ribbon, other than a member of the Armed 1 ⁄2-inch circumscribing diameter, with Forces of the United States who, after a fan-shaped ribbon insert showing pur- 6 December 1941, performed a meritori- plish-red and white stripes is included ous act or service which aided the for wear on civilian clothing. United States in the prosecution of a (Sec. 1122, 70A Stat. 88; 10 U.S.C. 1122) war against an armed enemy or enemies, or similarly aided any nation § 578.16 National Security Medal. engaged with the United States in the (a) Criteria. The National Security prosecution of a war against a common Medal, established by Executive Order enemy or enemies, or during any period on January 19, 1953, is awarded to any of national emergency declared by the person, without regard to nationality, President or the Congress furthered the including members of the Armed interests or the security of the United Forces of the United States for distin- States or of any nation allied or associ- guished achievement or outstanding ated with the United States during contribution on or after July 26, 1947, such period when the award of any

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other United States military decora- Medal of Freedom with the tip of the tion was not deemed appropriate. palm toward the wearer’s right. Under special circumstances, without [E.O. 9586, July 6, 1945, 10 FR 8523, as amend- regard to the existence of a state of ed by E.O. 10336, Apr. 3, 1952, 17 FR 2957; 29 war or national emergency, the Medal FR 528, Jan. 22, 1964] of Freedom was awarded by or at the direction of the President for perform- § 578.17a Distinguished Civilian Serv- ance of a meritorious act or service in ice Medal. the interest of the security of the Unit- (a) Criteria. The Distinguished Civil- ed States. The Medal of Freedom was ian Service Medal, established by the reestablished as the Presidential Medal Secretary of the Army, is awarded to of Freedom on 22 February 1963 and no civilians other than employees of the awards of the Medal of Freedom after Department of the Army, who render that date are authorized. outstanding service during peacetime (2) Establishment of Presidential Medal which makes a substantial contribu- of Freedom. The Medal of Freedom was tion to the accomplishments of the reestablished as the Presidential Medal Army’s mission. Award is made by the of Freedom by Executive Order 11085, 22 Secretary of the Army upon rec- February 1963, to be awarded to any ommendation of a staff agency. (b) Description. Distinguished Civilian person who has made an especially Service Medal, Department of the meritorious contribution to the secu- Army, is bronze, gold filled, 11⁄4 inches rity or national interest of the United in diameter. The central design of the States, to world peace or to cultural or obverse of the medal incorporates a other significant public or private en- disc with a wreath on the lower half of deavors. The Medal can only be award- the rim denoting nonmilitary service. ed by the President of the United The equilateral triangle is symbolic of States who makes the final selection of the civilian. Displayed on the triangle recipients with the assistance of a Dis- is the eagle from the Great Seal of the tinguished Civilian Service Awards United States. The reverse of the Board. The President may select for medal is inscribed ‘‘Awarded award of the Presidential Medal of To—————for Distinguished Civilian Freedom any person nominated by the Service To The United States Army.’’ Board, any person otherwise rec- The medal is suspended from a ribbon ommended to him for award of the 13⁄8 inch in width consisting of a white Medal, or any person he selects upon stripe (1⁄16 in.), a blue stripe (1⁄16 in.), a his own initiative. Announcement of white stripe (1⁄16 in.), a red stripe (1⁄16 awards will be made by the President in.), a white stripe (1⁄16 in.), a blue on or about 4 July of each year. stripe (1⁄16 in.), a white stripe (5⁄8 in.), a (b) Description. The Medal of bronze is blue stripe (1⁄16 in.), a white stripe (1⁄16 1 1 ⁄4 inches in diameter. On the obverse in.), a red stripe (1⁄16 in.), a white stripe are the head, shoulders, and headdress (1⁄16 in.), a blue stripe (1⁄16 in.), and a of Freedom (taken from the statue on white stripe (1⁄16 in.). A rosette 13⁄32 inch the top of the United States Capitol in diameter, made of the medal ribbon dome). In the lower portion in an arc is into a red centered white disc sur- the inscription ‘‘Freedom.’’ On the re- rounded by blue, is provided for lapel verse is the ‘‘Liberty Bell’’ without wear. carriage, within a circle composed of (c) Recommendations. Recommenda- the words ‘‘United States of America.’’ tions will be submitted through mili- The medal is suspended by a ring from tary channels to the Deputy Chief of a moired silk ribbon 13⁄8 inches in Staff for personnel, Headquarters, De- length and 13⁄8 inches in width, compartment of the Army, Washington 25, posed of red (7⁄16-inch), white (1⁄32-inch), DC, Attn: Office of Civilian Personnel. red (1⁄8-inch), white (1⁄32-inch), red (1⁄8- Each recommendation will describe the inch), white (1⁄32-inch), red (1⁄8-inch), project, research, or type of service white (1⁄32-inch), and red (7⁄16-inch). The rendered; the activity in which per- gold, silver, or bronze palm is 11⁄8 formed; and the dates of this service. inches in length, and is worn on the The relationship and value of this serv- suspension and service ribbons of the ice to the Army as a whole must be

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clearly indicated. The recommendation § 578.18 Appurtenances to military will also include a statement that the decorations. individual is not employed by the (a) Oak-Leaf Cluster. A bronze (or sil- Army, or was not so employed during ver) twig of four oak leaves with three the period in which the services to be acorns on the stem, 13⁄32 inch in length recognized were rendered. A proposed for a suspension ribbon and 5⁄16 inch in citation will be inclosed. length for a service ribbon is issued in lieu of a decoration for the second or [22 FR 9693, Dec. 4, 1957] succeeding awards of United States military decorations with the excep- § 578.17b Outstanding Civilian Service Medal. tion that Oak-Leaf Clusters will not be placed on a posthumous award of the (a) Criteria. The Outstanding Civilian Purple Heart. Oak-Leaf Clusters are Service Medal established by the Sec- not issued for the Legion of Merit of retary of the Army in DA General Or- the Medal of Freedom awarded in de- ders No. 3, 1960, is awarded to private grees to foreign nationals. Oak-Leaf citizens, Federal Government officials Clusters are worn attached to the rib- at the policy development level, and bons of the decorations to which they technical personnel who serve the pertain with the stem of the oak leaves Army in an advisory capacity or as toward the wearer’s right. A silver consultants. Award is made by the Sec- Oak-Leaf Cluster may be worn in lieu retary of the Army, or by major com- of five bronze Oak-Leaf Clusters for the manders on behalf of the Secretary of same decoration. In lieu of an Oak-Leaf the Army when the contribution is of Cluster a gold compass rose is issued to significance to or within the major denote the second or succeeding awards command concerned only. of the National Security Medal. (b) Letter ‘‘V’’ Device. See § 578.11 (b). (b) Recommendations. Same as (c) Palm. See § 578.17(b). § 578.17a(c). (d) Service ribbon. A ribbon identical (c) Description. Outstanding Civilian in color with the suspension ribbon of Service Medal, Department of the the decoration it represents attached 1 Army, is bronze, 1 ⁄4 inches in diameter. to a bar 3⁄8 inch in width (vertical di- The central design of the obverse of the mension) and 13⁄8 inches in length, medal incorporates a disc with a equipped with a suitable attaching de- wreath on the lower half of the rim device. A service ribbon is issued with noting nonmilitary service. The each decoration except the National equalateral triangle is symbolic of the Security Medal which is provided with civilian. Displayed on the triangle is an extra length of ribbon for the recipi- the eagle from the Great Seal of the ent’s use. Service ribbons will not be United States. The reverse of the impregnated with unnatural preserva- medal is inscribed ‘‘Awarded tives nor worn with protective cover- to———————for Outstanding Civil- ings. 1 ian Service to the United States (e) Lapel button. A lapel button ⁄8 21 Army.’’ The medal is suspended from a inch in length and ⁄32 inch in width is a colored enamel replica of the respec- ribbon 13⁄8 inches wide consisting of tive service ribbon. An enamel lapel thirteen alternating stripes equally button is issued with each decoration spaced, seven white and six red, with a except the Medal of Honor and Medal blue stripe 1⁄64 inch wide centered on for Merit. 1 each white stripe. A rosette ⁄2 inch in (f) Rosette. See §§ 578.4(b), 578.15 (b), diameter consisting of a gathered red and 578.17a(b). center on a white background with a (g) Container. A container, either narrow blue stripe, the rim composed plastic or leather covered, and of alternating red and white vertical plushlined, containing a decoration, stripes with a narrow blue stripe cen- service ribbon, and lapel button or ro- tered on the white, is included for wear sette. Each decoration awarded will be on civilian clothing. furnished in an appropriate container. (h) Miniatures. Miniature decorations [26 FR 6435, July 18, 1961] and appurtenances are replicas of the

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corresponding decorations and appur- tant General. A brief statement should tenances on the scale of one-half. With accompany the award explaining the the exception of the National Security act or service for which the award was Medal (§ 578.16), miniatures are not pre- made, date and place of presentation, sented or sold by the Army but may be and name and title of official who purchased from civilian dealers. There made the presentation. is no miniature of the Medal of Honor (e) Congressional authorization. Except or the Legion of Merit, degree of Com- for such awards as may be specifically mander. authorized by the Congress. The Adju- [21 FR 7672, Oct. 6, 1956, as amended at 22 FR tant General will forward each foreign 9693, Dec. 4, 1957] award or gift to the Secretary of State to be held in escrow pending approval § 578.19 Foreign individual awards. of its acceptance by the Congress. Each (a) Constitutional restriction. No per- military and civilian recipient of for- son holding any office of profit or trust eign awards, upon discharge or perma- under the United States shall, without nent retirement or other permanent the consent of the Congress, accept any separation from active Federal service, present, emolument, office, or title of should notify The Adjutant General in any kind whatsoever from any king, order that action may be taken with prince, or foreign state. (Const., Art I, reference to his award or gifts. The Sec. 9.) This includes decorations, Secretary of State is required by law to awards, and gifts tendered by any offi- transmit the names of retired person- cial of a foreign government. nel to the second session of each alter- (b) Definitions. (1) Accept or Accept- nate Congress (5 U.S.C. 115a). Upon ap- ance as used in this section means as- proval by the Congress, the award or sumption of ownership and permanent gift will be forwarded to the individual possession of a military award or simi- concerned. lar object awarded by a foreign govern- (f) Acceptance of foreign awards. An ment or official for which congres- award by a friendly foreign nation may sional approval has been granted. be accepted without the requirement (2) Receive or Receipt as used in this for securing approval by the Congress section means the act of coming into only as indicated below: temporary custody of a military award (1) By the next of kin if the award is or similar object awarded by a foreign conferred posthumously upon a former government or official for which con- member of the Armed Forces of the gressional approval is required. United States. (c) General policy. The provisions for (2) By the next of kin if the recipient receipt and/or acceptance, or prohibi- dies before approval of acceptance can tion thereof, outlined in this section be obtained. apply to all members of the Armed (3) If the award was conferred or Forces on active duty, all members of earned while the recipient was serving the Reserve components, and all civil- as a bona fide member of the Armed ian employees of the Army. This policy Forces of the nation conferring the should be observed also when the award award and if the award is one author- or gift is tendered to a member of the ized to be conferred generally upon immediate family of any of the fore- members of that nation’s forces. Such going personnel. foreign awards must meet the follow- (d) Participation in ceremonies. Except ing applicable requirements: as prohibited by paragraph (h) of this (i) A decoration must be awarded section, an individual may participate prior to the recipient’s entrance into in a ceremony and receive the tender of active service in the Armed Forces of a foreign award or gift. The receipt of the United States. the award or gift will not constitute (ii) A badge must have been qualified acceptance of the award by the recipi- for by the recipient under criteria es- ent. Immediately following the cere- tablished by the country concerned for mony, the individual will forward the award of the badge. award or gift with all appurtenances (iii) A service medal must have been thereto, and all official papers includ- earned under usual criteria established ing diploma and citation, to The Adju- by the country concerned.

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(g) Foreign service medals. Service paragraph (e) of this section will be fol- medals awarded by foreign govern- lowed. ments for service performed while a [26 FR 6435, July 18, 1961] member of the Armed Forces of the United States may not be accepted or § 578.20 Supply of medals and appur- worn except the Philippine Service tenances. Ribbons, the United Nations Service (a) Items issued by Department of Medal, and others which may be spe- the Army: cifically authorized. (1) Decorations, (h) Military Assistance Program. (1) As (2) Service medals, an exception to the general policy and procedures set forth in the foregoing (3) Service ribbons, paragraphs, the following prohibition (4) Palms, shall apply to members of the Armed (5) Rosettes, Forces and civilian employees perform- (6) Clasps, ing duties in connection with the Mili- (7) Arrowheads, tary Assistance Program. Specifically, (8) Service Stars, this prohibition includes personnel as- (9) Good Conduct Medals, signed or attached to, or otherwise per- (10) Oak-Leaf Clusters, forming duty with, Military Assistance (11) Letter ‘‘V’’ devices, Advisory Groups, Military Advisory (12) Certificates for decorations, Groups, Military Aid Groups, or mis- (13) Lapel buttons for decorations, sions having Military Assistance Pro- (14) Lapel buttons, miscellaneous, gram functions. Such personnel, re- (15) 10-year devices, gardless of assignment, may not accept (16) Berlin airlift devices, the tender of any decoration, award, or (17) Containers for decorations. gift from foreign governments for duty (b) Items not issued or sold by De- of this nature. In addition, personnel partment of the Army: performing military assistance advi- (1) Miniature medals and appur- sory, programming, budgeting, and/or tenances, logistic functions in any headquarters, (2) Miniature service ribbons, office, agency, or organization may not (3) Miniature devices, accept the tender of any decoration, (4) Lapel buttons for service medals, award, or gift from foreign governments in recognition of such duties. (5) Lapel buttons, miscellaneous. Accordingly, participation in cere- [26 FR 6436, July 18, 1961] monies involving any such tender is not authorized. In order to avoid em- § 578.21 Original issue or replacement. barrassment, the appropriate foreign (a) General. All United States Army officials should be acquainted with this medals are presented without cost to prohibition. If presentation is made in the awardee. Replacement medals are spite of such representation, the deco- likewise issued without cost to an ration, award, or gift will be forwarded awardee in active Federal military with a full explanation of the cir- service when his written request in- cumstances to The Adjutant General cludes a statement that the original for disposal. This restriction also ap- medal was lost, destroyed, or rendered plies to personnel performing United unfit for use without fault or neglect Nations Truce supervisory activities. on his part. Replacement of medals for (2) When an award or gift is proffered individuals not on active duty or for el- to a member of the Armed Forces or a igible next of kin, provided the original civilian employee performing any duty issue had been made to them, may be in connection with the Military Assist- made at cost price. No money should be ance Program in recognition of actual mailed until instructions are received combat services against an armed from The Adjutant General or the enemy of the United States, or in rec- Commanding Officer, U.S. Army ognition of heroism involving the sav- Records Center, 9700 Page Boulevard, ing of life, the foregoing prohibition is St. Louis, Mo., 63132. Requests should inapplicable, and the provisions of be directed as follows:

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Individual status Direct to

Personnel in active Federal military service or in Re- Unit commander. serve components. All requests for medals in behalf of individuals having Commanding Officer, U.S. Army Records Center, 9700 Page Blvd., no current Army status or deceased. St. Louis, Mo., 63132 Personnel receiving retirement pay, except general offi- Same as above. cers. Retired general officers ...... The Adjutant General, Washington, DC 20310

(b) Discharged Personnel. All requests (c) Requests. Letter requests for deco- for medals in behalf of individuals hav- rations for exhibit or display will be ing no current Army status, or de- made to The Adjutant General, Depart- ceased, will be forwarded to the Com- ment of the Army, Washington, DC manding Officer, United States Army 20310. Shipment is made direct from Records Center, 9700 Page Boulevard, the Philadelphia Quartermaster Depot, St. Louis, Mo., 63132. Philadelphia, Pennsylvania. (c) Miscellaneous. (1) Supply action for the Medal of Honor will be accom- § 578.23 Certificates for decorations: plished only by The Adjutant General. Issuance for prior awards. (2) The Medal for Merit has not been Those individuals to whom United awarded since 1952; therefore, no re- States military decorations have been quirements exist for this item except awarded subsequent to December 7, for replacements. 1941, and to whom an appropriate cer- (3) The Gold Star Lapel Button is au- tificate for decoration has not been is- thorized for issue to next of kin of de- sued may make application for such ceased personnel. certificate by submitting a written re- [29 FR 528, Jan. 22, 1964] quest to the appropriate office as indicated in § 578.21. Each request should § 578.22 Exhibition. indicate a reference to the number, date, and headquarters of issue of the (a) Government agencies. Upon ap- order announcing the award. proval by the Secretary of the Army, samples of military decorations may be § 578.24 Certificate of appreciation. furnished, without charge, for one display at the headquarters of each Army As a token of appreciation and in rec- and higher field commander, in the of- ognition of patriotic civilian service fices of the chiefs of governmental contributing to the accomplishment of agencies not under military jurisdic- the mission of an installation, com- tion where opportunity for the public mand, or Staff Agency of the Army, or to view the display is assured, and in to the welfare of Army personnel, a each office of the Department of the Certificate of Appreciation has been es- Army the functions of which include tablished. This certificate, together matters pertaining to decorations. with a brief citation may be awarded (b) Civilian institutions. Upon approval by commanders of major commands of the Secretary of the Army, samples and heads of Headquarters, Department of military decorations may be fur- of the Army Staff agencies on behalf of nished, at cost price (including the cost the Secretary of the Army for services of engraving, packing, and shipment), rendered to elements of the Army to museums, libraries, numismatic, under their respective jurisdictions. and military societies and institutions The accompanying citation should con- of such public nature as will assure an form to § 578.3(b)(2) and will be made a opportunity for the public to view the matter of record in the headquarters of exhibits under circumstances bene- issue, or, when issued by a Head- ficial to the Army. All decorations fur- quarters, Department of the Army nished to civilian institutions for exhi- Staff agency, will be forwarded to The bition purposes will be engraved with Adjutant General, Department of the the words ‘‘For Exhibition Purposes Army, Washington, DC 20310, Attn: Only.’’ AGAO–N, for file.

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(a) Awards to individuals. The award pacity with the Armed Forces of the may be made to civilians who are not United States during the dates and/or employed by the Department of the in the areas prescribed above in con- Army and were not so employed during nection with military personnel. the period for which the services are (1) The Accolade reads as follows: being recognized. It is intended that this certificate be used when the serv- In grateful memory of————————— ices to be recognized do not fulfill all who died in the service of his (her) country the requirements for a decoration, but at—————————. He (she) stands in the unbroken line of patriots who have dared to are outstanding to a degree which mer- die that freedom might live and grow, and its public recognition by the Army in increase its blessings. Freedom lives, and the local area. When this certificate is through it he (she) lives—in a way that hum- presented as an individual award the bles the undertakings of most men. (Fac- recipient will be furnished with the Pa- simile signature) President of the United triotic Civilian Service lapel button. States. (b) Awards to organizations, companies, (2) Accolades will be issued by The etc. The award may be made to busi- Adjutant General upon receipt of re- ness firms, fraternal organizations, ports of death. quasi-military units, etc., on the same basis as stated above for individual (b) In order to provide an appropriate awards. No lapel button or other device identification for widows, parents, and accompanies the certificate and cita- certain next of kin of members of the tion when presented to organizations. Armed Forces of the United States who (c) Supply. This is a standard Depart- lost their lives in World War I, April 6, ment of the Army certificate which 1917 to March 3, 1921; World War II, may be obtained by a written request September 8, 1939 to July 25, 1947; Ko- to The Adjutant General, Department rean operations, June 27, 1950 to July of the Army, Washington, DC 20310, 27, 1954; or during any subsequent war Attn: AGPS–AD. The certificates when or period of armed hostilities in which provided will bear the signature of the the United States may be engaged, a Secretary of the Army in the lower Gold Star lapel button was established right and will be countersigned on the by an Act of Congress on August 1, left by the major commander or head 1947. of a Headquarters, Department of the (1) The Gold Star lapel button con- Army Staff agency making the award. sists of a gold star on a purple circular Patriotic Civilian Service Lapel But- background, bordered in gold and sur- tons will be obtained in the same man- rounded by gold laurel leaves. On the ner. Not more than a 6-month supply of reverse is the inscription ‘‘United certificates and lapel buttons will be States of America, Act of Congress, maintained by using agencies. August 1947,’’ with space for engraving [22 FR 9693, Dec. 4, 1957] the initials of the recipient. (2) One Gold Star lapel button will be § 578.25 Accolade and Gold Star lapel furnished without cost to the widow or button. widower and to each of the parents of a (a) As a token of appreciation and in member of the Armed Forces who lost recognition of services rendered by his or her life while in the active mili- those who died in the service of their tary service during the periods indi- country, an Accolade signed by the cated above. The term ‘‘widow or wid- President is issued to the next of kin of ower’’ includes those who have since record of all military personnel whose remarried, and the term ‘‘parents’’ in- death occurred in line of duty during cluded mother, father, stepmother, World War II, December 7, 1941, to July stepfather, mother through adoption, 25, 1947, both dates inclusive, and in father through adoption, and foster Korea during military operations from parents who stood in loco parentis. June 27, 1950, to July 27, 1954, inclusive. (3) One Gold Star lapel button will be The Accolade is also issued to the next furnished at cost price to each child, of kin of civilians who died overseas or stepchild, child through adoption, as a result of injury or disease con- brother, half brother, sister, and half tracted while serving in a civilian ca- sister of a member of the Armed Forces

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who lost his or her life during any pe- who die while in the active military riod indicated herein. service or while taking inactive status (4) Letter applications for Gold Star training as reservists not on active lapel buttons may be submitted to The duty, regardless of line of duty status. Adjutant General or to the Command- Commanding officer having custody of ing Officer, Army Records Center, 9700 the individual’s records at time of Page Boulevard, St. Louis, Missouri death will prepare the form in dupli- 63132, by eligible next of kin of de- cate. The original will be forwarded to ceased Army personnel enumerated in the closest next of kin of record of the paragraphs (b) (2) and (3) of this sec- deceased individual in the following tion. order: Widow or widower, eldest son, (5) Under the act, only one Gold Star eldest daughter, father, mother, eldest lapel button will be furnished to eligi- brother, eldest sister, eldest grand- ble individuals, except that whenever a child. Gold Star lapel button has been lost, destroyed, or rendered unfit for use, § 578.25b Certificate of Achievement. without fault or neglect on the part of Commanding officers may recognize the person to whom it was furnished, periods of faithful service, acts, or such button may be replaced at cost achievements which do not meet the price upon application to The Adjutant standards required for decorations by General. Private manufacture and/or issuing to individual United States sale of the Gold Star lapel button is military personnel and United States prohibited. The design will not be in- civilian citizens a Certificate of corporated in any manner in any arti- Achievement. cle manufactured commercially or pri- (a) The Certificate of Achievement vately. The law prescribes a fine of $1,000 and/or imprisonment for 2 years may be devised locally by commanding as a penalty for unauthorized wearing officers and issued under such regula- or counterfeiting of the Gold Star lapel tions as they may prescribe; may be button, or for possessing a counterfeit printed or lithographed; and may bear of this button. reproductions of authorized insignia. A Certificate of Achievement may be § 578.25a Certificate of Honorable used locally for awarding the Good Service and Record Service (De- Conduct Medal. ceased Military Personnel). (b) No distinguishing device is au- (a) Certificate of Honorable Service. A thorized for wear to indicate the re- Certificate of Honorable Service (DA ceipt of a Certificate of Achievement. Form 1563) is issued to the closest next of kin of record in recognition of serv- § 578.25c Special Certificate of ices rendered by those who die in line Achievement for Public and Com- of duty while in active military service munity Relations. in time of peace when the Accolade is (a) A Special Certificate of Achieve- not appropriate. ment for issuance to information (1) The certificate reads as follows: media, civic, fraternal, and other types of organizations and groups who have Honorable Service in the Armed Forces of the United States of America. This is to cer- actively supported the Army in its pub- tify that—————————————died while lic and community relations efforts, in the service of our country as a member of including the Reserve Forces Program, the Army of the United States on has been established. This special cer- the———————day of——————— This certificate is designed to give official De- tificate is awarded as a testimonial of Hon- partment of the Army recognition to est and Faithful Service. (Signature) Sec- civilian groups and organizations who retary of the Army. have made an exceptional contribution (2) Certificates of Honorable Service to the development of public under- will be issued by The Adjutant General standing of the Army, gaining for it upon receipt of reports of death. greater public confidence and support. (b) A Record of Service—Deceased Mili- Consideration should be given to the tary Personnel (DA Form 53A). Form 53A award of this certificate as an expres- will be issued for all military personnel sion of the appreciation of the Army

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for the service rendered by civilian or- available for issue to authorized recipi- ganizations which have contributed di- ents. rectly to improved relationship be- (d) Duplicating awards. Not more than tween members of local military com- one service medal will be awarded for mands and civilian communities. The service involving identical or overlap- award may be made in recognition of ping periods of time, except that each service rendered over a prolonged pe- of the following groups of service med- riod of time, or for a specific one-time als may be awarded to an individual program or service considered to be so provided he meets the criteria pre- outstanding as to merit commendation scribed hereinafter. by the Secretary of the Army. (1) World War I Victory Medal and (b) Letter recommendations for issu- Mexican Service Medal. ance of the Special Certificate of (2) World War II Victory Medal and Achievement for Public and Commu- one or more of the campaign medals for nity Relations will be submitted to the that war. Chief of Information, Department of (3) Medal for Humane Action and the Army, Washington, DC 20310, Army of Occupation Medal. through military channels. Rec- (4) National Defense Medal, Korean ommendations will include a detailed Service Medal, and United Nations description of the contributions made Service Medal. by the nominee, the inclusive dates of (5) Armed Forces Reserve Medal and the period during which the contribu- any other service medal listed herein- tions were made, and a proposed cita- after. tion. The value of these contributions to the Army must be clearly indicated. [26 FR 6436, July 18, 1961] No distinguishing device is authorized § 578.27 Good Conduct Medal. for wear by members of the cited organization. (a) Purpose. The Good Conduct Medal, (c) Presentation of the special certifi- established by Executive Order 8809 and cate will be made in a manner com- amended by Executive Order 9323 and mensurate with the significance of the by Executive Order 10444 is awarded for award. exemplary behavior, efficiency, and fidelity in active Federal military serv- [22 FR 9693, Dec. 4, 1957] ice. It is awarded on a selective basis to each soldier who distinguishes himself SERVICE MEDALS from among his fellow soldiers by his exemplary conduct, efficiency, and fi- § 578.26 General. delity while in an enlisted status. (a) Purpose. Service (campaign) med- There is no right or entitlement to the als denote honorable performance of medal until the immediate commander military duty within specified limiting has made positive recommendation for dates in specified geographical areas. its award, and until the awarding au- With the exception of the Medal of Hu- thority has announced the award in mane Action and the Armed Forces Re- General Orders. To qualify for an serve Medal they are awarded only for award of the Good Conduct Medal, an active Federal military service. enlisted person must meet specified (b) Awarding. Awarding of service criteria throughout a specified period medals is effected pursuant to an- of continuous enlisted active Federal nouncement of criteria by the Sec- military service, as outlined in this retary of the Army in Department of section. the Army Bulletins or General Orders. (b) Awarding authority. General and A service medal thus is automatically field grade officer commanders are au- awarded to each individual who meets thorized to award the Good Conduct the published criteria. Orders are not Medal (original and subsequent awards) required. to enlisted personnel serving under (c) Requisitioning. Service medals for their command jurisdiction who meet service prior to World War I will not be the established criteria. This delegated requisitioned for display purposes since authority is limited to service during only minimum essential quantities are the 36 calendar months immediately

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preceding the date of current consider- 1950, of less than 3 years but more than ations. Personnel processing installa- 1 year. tion or activity commanders are pro- (4) For first award only, upon termi- hibited from awarding the Good Con- nation of service, on or after June 27, duct Medal to personnel other than 1950, of less than 1 year when final sep- members of their own permanent aration was by reason of physical dis- party. ability incurred in line of duty. (c) Special provisions. (1) Qualifying (e) Criteria. Throughout a qualifying periods of service must be continuous period each enlisted person must meet enlisted active Federal military serv- all of the following criteria for an ice. When an interval in excess of 24 award. hours occurs between enlistments, that (1) All conduct (character) and effi- portion of service prior to the interrup- ciency ratings must be recorded as tion is not creditable toward an award. ‘‘Excellent’’ except that: (2) Entry into service as a cadet or (i) Ratings of ‘‘Unknown’’ for por- midshipman at any United States serv- tions of the period under consideration ice academy or discharge from enlisted are not disqualifying. status for immedate entry on active (ii) Service school efficiency ratings duty in an officer status is considered based upon academic proficiency of at termination of service for the purpose least ‘‘Good’’ rendered subsequent to of awarding the Good Conduct Medal. November 22, 1955 are not disqualify- (3) A qualified person scheduled for ing. separation from active Federal military service should receive the award (2) No conviction by court-martial at his last duty station. Such award is during the period. authorized up to 30 days prior to the (3) The individual must not be serv- soldier’s departure en route to a sepa- ing in, nor have been serving at the ration processing installation in time of separation in, an assignment of CONUS or overseas. Orders announcing the type designated as ‘‘specially con- such advance awards will indicate the trolled duties’’ in AR 604–10. closing date of periods for the award (f) Basis for recommendation. Rec- prefixed with ‘‘DOSOA’’ (indicating ommendation by the individual’s im- ‘‘Date of separation on or about’’). mediate unit commander is required (4) An award made for any authorized for award of the Good Conduct Medal period of less than 3 years must be for by the approving authority. Such com- the total period of obligated active mander’s recommendation will be Federal military service. based on his personal knowledge and on (5) Discharge under provisions of AR the individual’s official records for pe- 635–205 for immediate (re) + enlistment riods of service under prior command- is not termination of service. ers during the period for which the (6) Retroactive awards will be made award is to be made. The lack of offi- only by The Adjutant General after fa- cial disqualifying comment by such vorable consideration of requests, sub- previous commanders qualifies the use mitted through channels, which in- of such periods toward the award by clude adequate evidence of injustice. current commander. (d) Qualifying periods of service. Any (g) Clasp. A good Conduct Medal one of the following periods of continu- Clasp is awarded for wear on the Good ous enlisted active Federal military Conduct Medal suspension ribbon and service qualifies for award of the Good service ribbon to denote a second or Conduct Medal or of a Clasp, in con- subsequent award of the medal. Not junction with the criteria in paragraph more than one Good Conduction Medal (e) of this section. may be awarded to any one person. (1) Each 3 years completed on or after (h) Presentation. Presentation of the August 26, 1940. Good Conduct Medal to military per- (2) For first award only, 1 year served sonnel may be made at troop forma- entirely during the period December 7, tions. 1941 to March 2, 1946. (i) Description. The Good Conduct (3) For the first award only, upon ter- Medal of bronze is 11⁄4 inches in diame- mination of service on or after June 27, ter. On the obverse is an eagle standing

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on a closed book and Roman sword, en- eagle perched on a cannon supported by circled by the words ‘‘Efficiency- crossed flags, rifles, an Indian shield, Honor-Fidelity.’’ On the reverse is a spear, and quiver of arrows, a Cuban five-pointed star and a scroll between machete, and a Sulu kriss. Below the the words ‘‘For Good’’ and ‘‘Conduct,’’ trophy are the words ‘‘For Service.’’ surrounded by a wreath formed by a The whole is surrounded by a circle laurel branch on the left and an oak composed of the words ‘‘United States branch on the right. The medal is sus- Army’’ in the upper half and thirteen pended by a ring from a silk moire rib- stars in the lower half. The medal is bon 13⁄8 inches long and 13⁄8 inches wide suspended by a ring from a silk moire 3 3 composed of stripes of red (1⁄16 inch), ribbon 1 ⁄8 inches in length and 1 ⁄8 white (1⁄16 inch), red (1⁄16 inch), white inches in width composed of a red 1 3 (1⁄16 inch), red (1⁄16 inch), white (1⁄16 stripe ( ⁄4 inch), black stripe ( ⁄16 inch), 1 3 inch), red (5⁄8 inch), white (1⁄16 inch), red red band ( ⁄2 inch), black stripe ( ⁄16 1 (1⁄16 inch), white (1⁄16 inch), red (1⁄16 inch), and red stripe ( ⁄4 inch). inch), white (1⁄16 inch), and red (1⁄16 (b) Requirements. Service in any of inch). the following campaigns: (1) Southern Oregon, Idaho, northern [26 FR 6436, July 18, 1961] California, and Nevada between 1865 § 578.28 Civil War Campaign Medal. and 1868. (2) Against the Comanches and con- Established by WD General Orders 12, federate tribes in Kansas, Colorado, 1907. Texas, New Mexico, and Indian Terri- (a) Description. The medal of bronze is tory between 1867 and 1875. 11⁄4 inches in diameter. On the obverse (3) Modoc War between 1872 and 1873. is the head of Lincoln, nearly in pro- (4) Against the Apaches in Arizona in file, facing sinister, surrounded by the 1873. words ‘‘With malice toward none, with (5) Against the Northern Cheyennes charity for all.’’ On the reverse are the and Sioux between 1876 and 1877. words ‘‘The Civil War,’’ and below this (6) Nez Perce War in 1877. the dates ‘‘1861–1865,’’ surrounded by a (7) Bannock War in 1878. wreath formed by a branch of oak on (8) Against the Northern Cheyennes the left and a branch of olive on the between 1878 and 1879. right, the stems joined at the bottom (9) Against the Sheep-Eaters, Piutes, by a conventional knot. The medal is and Bannocks between June and Octo- suspended by a ring from a silk moire ber, 1879. ribbon 13⁄8 inches in length and 13⁄8 (10) Against the Utes in Colorado and inches in width composed of a blue Utah between September 1879 and No- band (11⁄16 inch) and a gray band (11⁄16 vember 1880. inch). (11) Against the Apaches in Arizona (b) Requirements. Service between and New Mexico between 1885 and 1886. April 15, 1861, and April 9, 1865, or in (12) Against the Sioux in South Da- Texas between April 15, 1861, and Au- kota between November 1890 and Janu- gust 20, 1866. ary 1891. [13 FR 6798, Nov. 18, 1948] (13) Against hostile Indians in any other action in which United States § 578.29 Indian Campaign Medal. troops were killed or wounded between 1865 and 1891. Established by WD General Orders 12, 1907. [13 FR 6798, Nov. 19, 1948] (a) Description. The medal of bronze is 11⁄4 inches in diameter. On the obverse § 578.30 Spanish Campaign Medal. is a mounted Indian facing sinister, Established by WD General Orders 5, wearing a war bonnet, and carrying a 1905. spear in his right hand. Above the (a) Description. The medal of bronze is horseman are the words ‘‘Indian Wars,’’ 11⁄4 inches in diameter. On the obverse and below, on either side of a buffalo is a conventional castle with the addi- skull, the circle is completed by arrow- tion of two round-corner towers within heads, conventionally arranged. On the a circle composed of the words ‘‘War reverse is a trophy, composed of an with Spain’’ in the upper half and in

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the lower half the date ‘‘1898’’ at the Occupation, Military Government of bottom, with a branch of the tobacco Cuba,’’ and above the shield the dates plant on the left and a stalk of sugar- ‘‘1898’’ and ‘‘1902.’’ The reverse is the cane on the right. The reverse is the same as that of the Indian Campaign same as that of the Indian Campaign Medal. The medal is suspended by a Medal. The medal is suspended by a ring from a silk moire ribbon 13⁄8 inches ring from a silk moire ribbon 13⁄8 inches in length and 13⁄8 inches in width com- in length and 13⁄8 inches in width composed of a blue stripe (1⁄16 inch), red posed of a yellow stripe (1⁄8 inch), blue band (3⁄8 inch), yellow stripe (1⁄16 inch), band (3⁄8 inch), a yellow band (3⁄8 inch), blue band (3⁄8 inch), yellow stripe (1⁄16 blue band (3⁄8 inch), and yellow stripe inch), red band (3⁄8 inch), and blue (1⁄8 inch). stripe (1⁄16 inch). (b) Requirements. Service ashore in or (b) Requirements. Service in Cuba be- on the high seas en route to any of the tween July 18, 1898, and May 20, 1902. following countries: [13 FR 6799, Nov. 19, 1948] (1) Cuba between May 11, 1898, and July 17, 1898. § 578.33 Army of Puerto Rican Occupa- (2) Puerto Rico between July 14, 1898, tion Medal. and August 13, 1898. Established by WD Compilation of (3) Philippine Islands between June Orders, Changes 15, February 4, 1919. 30, 1898, and August 16, 1898. (a) Description. The medal of bronze is [13 FR 6798, Nov. 19, 1948] 11⁄4 inches in diameter. On the obverse is a conventional castle with the addi- § 578.31 Spanish War Service Medal. tion of two round-corner towers within Established by Act of Congress July a circle composed of the words ‘‘Army 9, 1918. of Occupation, Porto Rico’’ in the (a) Description. The medal of bronze is upper half and in the lower half the 11⁄4 inches in diameter. On the obverse date ‘‘1898’’ at the bottom, with a is a sheathed Roman sword hanging on branch of the tobacco plant on the left a tablet on which is inscribed ‘‘For and a stalk of sugarcane on the right. service in the Spanish War.’’ The tablet The reverse is the same as that of the is surrounded by a wreath. On the re- Indian Campaign Medal. The medal is verse is the coat of arms of the United suspended by a ring from a silk moire States with a scroll below, all sur- ribbon 13⁄8 inches in length and 13⁄8 rounded by a wreath displaying the in- inches in width composed of a red signia of the Infantry, Artillery, and stripe (1⁄16 inch), blue band (3⁄8 inch), Cavalry. The medal is suspended by a yellow stripe (1⁄16 inch), red band (3⁄8 1 ring from a silk moire ribbon 13⁄8 inches inch), yellow stripe ( ⁄16 inch), blue 3 1 in length and 13⁄8 inches in width com- band ( ⁄8 inch), and red stripe ( ⁄16 inch). posed of a green stripe (1⁄8 inch), yellow (b) Requirements. Service in Puerto stripe (1⁄4 inch), green band (5⁄8 inch), Rico between August 14, 1898, and De- yellow stripe (1⁄4 inch), and green stripe cember 10, 1898. 1 ( ⁄8 inch). [13 FR 6799, Nov. 19, 1948] (b) Requirements. Service between April 20, 1898, and April 11, 1899, by per- § 578.34 Philippine Campaign Medal. sons not eligible for the Spanish Cam- Established by WD General Orders 5, paign Medal. 1905. [13 FR 6799, Nov. 19, 1948] (a) Description. The medal of bronze is 11⁄4 inches in diameter. On the obverse § 578.32 Army of Cuban Occupation is a conventional coconut-palm tree. Medal. On the left of it is a lamp of knowledge Established by WD General Orders 40, and on the right the scales of justice. 1915. The whole is in a circle composed of (a) Description. The medal of bronze is the words ‘‘Philippine Insurrection.’’ 11⁄4 inches in diameter. On the obverse and the date ‘‘1899’’ at the bottom. The is the coat of arms of the Cuban Repub- reverse is the same as that of the In- lic, with wreath and fasces. Around the dian Campaign Medal. The medal is circumference are the words ‘‘Army of suspended by a ring from a silk moire

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ribbon 13⁄8 inches in length and 13⁄8 stripe (1⁄16 inch), white stripe (1⁄16 inch), inches in width composed of a blue red stripe (1⁄8 inch), white stripe (1⁄8 stripe (1⁄16 inch), red band (5⁄16 inch), inch), blue band (5⁄8 inch), white stripe 5 5 blue band ( ⁄8 inch), red band ( ⁄16 inch), (1⁄8 inch), red stripe (1⁄8 inch), white 1 and blue stripe ( ⁄16 inch). stripe (1⁄16 inch), and blue stripe (1⁄16 (b) Requirements. Service in the Phil- inch). ippine Islands under any of the follow- (b) Requirements. Service, meeting all ing conditions: the following conditions: (1) Ashore between February 4, 1899, (1) Under a call of the President en- and July 4, 1902. tered the Army between April 21 and (2) Ashore in the Department of October 26, 1898. Mindanao between February 4, 1899, (2) Served beyond the date on which and December 31, 1904. entitled to discharge. (3) In operations against the (3) Ashore in the Philippine Islands Pulajanes on Leyte between July 20, between February 4, 1899, and July 4, 1906, and July 30, 1907, or on Samar be- 1902. tween August 2, 1904, and June 30, 1907. (4) With any of the following expedi- [13 FR 6799, Nov. 19, 1948] tions: § 578.36 China Campaign Medal. (i) Against Pala on Jolo between April and May 1905. Established by WD General Orders 5, (ii) Against Datu Ali on Mindanao in 1905. October 1905. (a) Description. The medal of bronze is (iii) Against hostile Moros on Mount 11⁄4 inches in diameter. On the obverse Bud-Dajo, Jolo, March 1906. is the Imperial Chinese five-toed drag- (iv) Against hostile Moros on Mount on with the head in full face in the Bagsac, Jolo, between January and middle, within a circle composed of the July 1913. words ‘‘China Relief Expedition,’’ with (v) Against hostile Moros on the dates ‘‘1900–1901’’ at the bottom. Mindanao or Jolo between 1910 and The reverse is the same as that of the 1913. Indian Campaign Medal. The medal is (5) In any other action against hos- suspended by a ring from a silk moire tile natives in which United States ribbon 13⁄8 inches in length and 13⁄8 troops were killed or wounded between inches in width, composed of a blue February 4, 1899, and December 31, 1913. stripe (1⁄16 inch), a yellow band (11⁄4 inches), and a blue stripe (1⁄16 inch). [13 FR 6799, Nov. 19, 1948] (b) Requirements. Service ashore in § 578.35 Philippine Congressional China with the Peking Relief expedi- Medal. tion between June 20, 1900, and May 27, 1901. Established by Act of Congress June 29, 1906. [13 FR 6799, Nov. 19, 1948] (a) Description. The medal of bronze is 11⁄4 inches in diameter. On the obverse § 578.37 Army of Cuban Pacification is a group composed of a color bearer Medal. holding a flag of the United States and Established by WD General Orders 96, supported by two men with rifles on 1909. their shoulders, the three facing dex- (a) Description. The medal of bronze is ter. The flag extends to the rim be- 11⁄4 inches in diameter. On the obverse tween the words ‘‘Phillipine’’ and ‘‘In- is the coat of arms of the Cuban Repub- surrection.’’ Below the group is the lic with wreath and fasces, supported date ‘‘1899.’’ On the reverse are the by two American soldiers with rifles, words ‘‘For patriotism, fortitude, and at parade rest. Above the group are the loyalty’’ in a wreath composed of a words ‘‘Cuban Pacification,’’ below are branch of pine on the left and a branch the dates ‘‘1906–1909.’’ The reverse is of palm on the right, the stems joined the same as that of the Indian Cam- by a conventional knot. The medal is paign Medal. The medal is suspended suspended by a ring from a silk moire by a ring from a silk moire ribbon 13⁄8 ribbon 13⁄8 inches in length and 13⁄8 inches in length and 13⁄8 inches in width inches in width composed of a blue composed of a red stripe (1⁄8 inch),

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white stripe (1⁄8 inch), blue stripe (1⁄8 (a) Description. The medal of bronze is inch) olive-drab band (5⁄8 inch), blue 11⁄4 inches in diameter. On the obverse stripe (1⁄8 inch), white stripe (1⁄8 inch), is a sheathed Roman sword hanging on and red stripe (1⁄8 inch). a tablet on which is inscribed ‘‘For (b) Requirements. Service in Cuba be- service on the Mexican border.’’ The tween October 6, 1906, and April 1, 1909. tablet is surrounded by a wreath. The reverse is the same as that of the Span- [13 FR 6799, Nov. 19, 1948] ish War Service Medal. The medal is § 578.38 Mexican Service Medal. suspended by a ring from a silk moire ribbon 13⁄8 inches in length and 13⁄8 Established by WD General Orders inches in width composed of a green 155, 1917. band (7⁄16 inch), yellow band (1⁄2 inch), (a) Description. The medal of bronze is and green band (7⁄16 inch). 11⁄4 inches in diameter. On the obverse (b) Requirements. Service between is the Mexican Yucca plant in flower, May 9, 1916 and March 24, 1917, or with with mountains in the background. the Mexican Border Patrol between Above the yucca plant are the words January 1, 1916, and April 6, 1917, by ‘‘Mexican Service’’ in the upper half persons not eligible for the Mexican and in the lower half the dates ‘‘1911– Service Medal. 1917’’ arranged in a circle. The reverse is the same as that of the Indian Cam- [13 FR 6800, Nov. 19, 1948] paign Medal. The medal is suspended § 578.40 World War I Victory Medal. by a ring from a silk moire ribbon 13⁄8 inches in length and 13⁄8 inches in width Established by WD General Orders 48, composed of a green stripe (1⁄8 inch), 1919. (a) Description. The medal of bronze is yellow band (3⁄8 inch), blue band (3⁄8 36 millimeters in diameter. On the ob- inch), yellow band (3⁄8 inch), and green verse is a winged Victory standing full stripe (1⁄8 inch). (b) Requirements. Service in any of length and full face. On the reverse is the following expeditions or engage- the inscription ‘‘The Great War for Civ- ments: ilization’’ and the coat of arms for the (1) With the Vera Cruz Expedition in United States surmounted by a fasces, Mexico between April 24, 1914, and No- and on either side the names of the Al- vember 26, 1914. lied and Associated Nations. The medal (2) With the Punitive Expedition in is suspended by a ring from a silk 3 Mexico between March 14, 1916, and moire ribbon 1 ⁄8 inches in length and 36 February 7, 1917. millimeters in width, composed of two rainbows placed in juxtaposition and (3) In the following engagements: having the red in the middle, with a (i) Buena Vista, Mexico, December 1, white thread along each edge. 1917. (b) Requirements. Service between (ii) San Bernardino Canon, Mexico, April 6, 1917, and November 11, 1918, or December 26, 1917. with either of the following expedi- (iii) La Grulla, Texas, January 8 and tions: 9, 1918. (1) American Expeditionary Forces in (iv) Pilares, Mexico, March 28, 1918. European Russia between November 12, (v) Nogales, Arizona, August 27, 1918, 1918, and August 5, 1919. or November 1 to 5, 1915. (2) American Expeditionary Forces in (vi) El Paso, Texas, and Juarez, Mex- Siberia between November 12, 1918, and ico, June 15 and 16, 1919. April 1, 1920. (vii) Any other action against hostile (c) Clasps. Two types of clasps are au- Mexicans in which United States thorized. troops were killed or wounded between (1) Battle clasps—(i) Requirements. April 12, 1911, and February 7, 1917. Combat service, one clasp for each [13 FR 6799, Nov. 19, 1948] campaign. The individual must have been actually present for duty under § 578.39 Mexican Border Service competent orders in the combat zone Medal. during the period in which the organi- Established by Act of Congress July zation was engaged in combat. For 9, 1918. service in an engagement not included

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in a named campaign, a defensive sec- inches in length and 13⁄8 inches in tor clasp will be awarded, not more width, composed of a blue stripe (1⁄16 than one such clasp being awarded to inch), red stripe (1⁄16 inch), white stripe any individual regardless of the num- (3⁄16 inch), (black band (3⁄4 inch), white ber of engagements. stripe (3⁄16 inch), red stripe (1⁄16 inch), (ii) Description. The clasp is a bronze and blue stripe (1⁄16 inch). bar 1⁄8 inch in width and 11⁄2 inches in (b) Requirements. Service in Germany length with the name of the campaign or Austria-Hungary between November or the words ‘‘Defensive Sector’’ with a 12, 1918, and July 11, 1923. star at each end of the inscription. (2) Service clasps—(i) Requirements. [13 FR 6800, Nov. 19, 1948] Service in France, Italy, Siberia, Euro- pean Russia, or England, as a member § 578.42 American Defense Service of a crew of a transport sailing between Medal. the United States and those countries, Established by Executive Order 8808 and by persons not eligible for battle (3 CFR, 1943, Cum. Supp.). clasps who served with the areas out- (a) Description. The medal of bronze is lined above. Only one service clasp will 11⁄4 inches in diameter. On the obverse be awarded to any individual. is a female Grecian figure symbolic of (ii) Description. The clasp is a bronze defense, holding in her sinister hand an 1 1 bar ⁄8 inch in width and 1 ⁄2 inches in ancient war shield in reverse and her length with the name of the country in dexter hand brandishing a sword above which the service was performed in- her head, and standing upon a conven- scribed thereon. tionalized oak branch with four leaves. (d) Service Stars—(1) Requirements. Around the top is the lettering ‘‘Amer- Possession of a battle clasp and/or de- ican Defense.’’ On the reverse is the fensive sector clasp is denoted by a wording ‘‘For service during the lim- bronze service star worn on the service ribbon of the medal, one bronze star for ited emergency proclaimed by the each clasp. President on September 8, 1939 or dur- (2) Description. The service star is a ing the unlimited emergency proclaimed by the President on May 27, bronze or silver five-pointed star 3⁄16 inch in diameter. A silver service star 1941’’ above a seven-leaved spray. The is authorized for wear in lieu of five medal is suspended by a ring from a bronze service stars. silk moire ribbon 13⁄8 inches in length and 13⁄8 inches in width composed of a [13 FR 6800, Nov. 19, 1948, as amended at 17 golden yellow stripe (3⁄16 inch), blue FR 912, Jan. 31, 1952] stripe (1⁄24 inch), white stripe (1⁄24 inch), § 578.41 Army of Occupation of Ger- red stripe (1⁄24 inch) golden yellow band many Medal. (3⁄4 inch), red stripe (1⁄24 inch), white stripe (1⁄24 inch), blue stripe (1⁄24 inch), Established by Act of November 21, and golden yellow stripe (3⁄16 inch). 1941 (55 Stat. 781). (a) Description. The medal of bronze is (b) Requirements. Service between September 8, 1939, and December 7, 11⁄4 inches in diameter. On the obverse is a profile of General John J. Per- 1941, under orders to active duty for a shing, facing dexter in uniform of period of 12 months or longer. World War I. Around the upper edge are (c) Foreign service clasp—(1) Require- four, five-pointed stars, on the left the ments. Service outside the continental inscription ‘‘General John J. Per- limits of the United States, including shing,’’ and on the right an unsheathed service in Alaska, as a member of a sword point up within a laurel wreath crew of a vessel sailing ocean waters, with the years ‘‘1918’’ and ‘‘1923.’’ On as a member of an operating crew of an the reverse is an eagle with wings dis- airplane participating in regular and played and inverted standing on Castle frequent flights over ocean waters, or Ehrenbreitstein within a circle com- as an assigned member of an organiza- posed of the words ‘‘U.S. Army of Occu- tion stationed outside the continental pation of Germany’’ and three, five- limits of the United States. pointed stars. The medal is suspended (2) Description. The clasp is a bronze by a ring from a silk moire ribbon 13⁄8 bar 1⁄8 inch in width and 11⁄2 inches in

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length with the words ‘‘Foreign Serv- bald close eagle between the dates ice’’ with a star at each end of the in- ‘‘1941–1945’’ and the words ‘‘United scription. States of America.’’ The medal is sus- (d) Service star—(1) Requirements Pos- pended by a ring from a silk moire rib- session of a foreign service clasp is de- bon 13⁄8 inches in length and 13⁄8 inches noted by the wearing of a bronze serv- in width composed of a blue stripe (3⁄16 ice star on the service ribbon. inch), white stripe (1⁄16 inch), black (2) Description. See § 578.40(d)(2). stripe (1⁄16 inch), red stripe (1⁄16 inch), 1 3 [13 FR 6800, Nov. 19, 1948, as amended at 17 white stripe ( ⁄16 inch), blue stripe ( ⁄16 1 FR 912, Jan. 31, 1952] inch), dark blue stripe ( ⁄24 inch), white stripe (1⁄24 inch), red stripe (1⁄24 inch), § 578.43 Women’s Army Corps Service blue stripe (3⁄16 inch), white stripe (1⁄16 Medal. inch), red stripe (1⁄16 inch), black stripe Established by Executive Order 9365 (1⁄16 inch), white stripe (1⁄16 inch), and (3 CFR, 1943 Cum. Supp.) blue stripe (3⁄16 inch). (a) Description. The medal of bronze is (b) Requirements. Service within the 11⁄4 inches in diameter. On the obverse American Theater between December 7, is the head of Pallas Athene in profile 1941, and March 2, 1946, under any of facing dexter, superimposed on a the following conditions: sheathed sword crossed with oak leaves (1) On permanent assignment outside and a palm branch within a circle com- the continental limits of the United posed of the words ‘‘Women’s’’ in the States. upper half, and in the lower half (2) Permanently assigned as a mem- ‘‘Army Corps.’’ On the reverse, within ber of a crew of a vessel sailing ocean an arrangement of 13 stars, is a scroll waters for a period of 30 consecutive bearing the words ‘‘For service in the days, or 60 days not consecutive. Women’s Army Auxiliary Corps’’ in (3) Outside the continental limits of front of the letters ‘‘U S’’ in lower re- the United States in a passenger status lief at the top and perched on the scroll or on temporary duty for 30 consecu- is an eagle with wings elevated and dis- tive days or 60 days not consecutive. played, and at the bottom, the dates (4) In active combat against the ‘‘1942–1943.’’ The medal is suspended by enemy and was awarded a combat deco- 3 a ring from a silk moire ribbon 1 ⁄8 ration or furnished a certificate by the 3 inches in length and 1 ⁄8 inches in width commanding general of a corps, higher 1 composed of an old gold stripe ( ⁄8 inch), unit, or independent force that he actu- 1 moss-tone green band (1 ⁄8 inches), and ally participated in combat. 1 old gold stripe ( ⁄8 inch). (5) Within the continental limits of (b) Requirements. Service in both the the United States for an aggregate pe- Women’s Army Auxiliary Corps be- riod of 1 year. tween July 20, 1942, and August 31, 1943, (c) Boundaries of the American Thea- and the Women’s Army Corps between ter—(1) Eastern boundary. From the September 1, 1943, and September 2, North Pole, south along the 75th me- 1945. ridian west longitude to the 77th par- [13 FR 6800, Nov. 19, 1948] allel north latitude thence southeast through Davis Strait to the intersec- § 578.44 American Campaign Medal. tion of the 40th parallel north latitude Established by Executive Order 9265 and the 35th meridian west longitude, (3 CFR, 1943 Cum. Supp.) thence south along the meridian to the (a) Description. A medal of bronze 11⁄4 10th parallel north latitude, thence inches in diameter. On the obverse a southeast to the intersection of the Navy cruiser under full steam with a Equator and the 20th meridian west B–24 airplane flying overhead with a longitude, thence south along the 20th sinking enemy submarine in the fore- meridian west longitude to the South ground on three wave symbols, in back- Pole. ground a few buildings, representing (2) Western boundary. From the North the arsenal of democracy, above this Pole, south along the 141st meridian scene and words ‘‘American Cam- west longitude to the east boundary of paign.’’ On the reverse an American Alaska, thence south and southeast

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along the Alaska boundary to the Pa- dent with the western boundary of the cific Ocean, thence south along the American Theater (§ 578.44(c)(2)). 130th meridian to its intersection with (2) Western boundary. From the North the 30th parallel north latitude, thence Pole, south along the 60th meridian southeast to the intersection of the east longitude to its intersection with Equator and the 100th meridian west the east boundary of Iran, thence south longitude to the South Pole. along the Iran boundary to the Gulf of (d) Service star—(1) Requirements. Oman and the intersection of the 60th Combat service within the American meridian east longitude, thence south Theater, one bronze service star for the along the 60th meridian east longitude, Antisubmarine Campaign. The individ- to the South Pole. ual must have been assigned, or at- (d) Service star—(1) Description. See tached, to and present for duty with a § 578.40(d)(2). unit credited with the Campaign. (2) Requirements. Combat service (2) Description. See § 578.40(d)(2). within the Asiatic-Pacific Theater, one [13 FR 6800, Nov. 19, 1948, as amended at 17 bronze service star for each campaign. FR 912, Jan. 31, 1952] The individual must meet any of the following conditions: § 578.45 Asiatic-Pacific Campaign (i) Assigned, or attached, to and Medal. present for duty with a unit during the Established by Executive Order 9265 period in which it participated in com- (3 CFR, 1943 Cum. Supp.). bat. (a) Description. A medal of bronze 11⁄4 (ii) Under orders in the combat zone inches in diameter. On the obverse a and in addition meets any of the fol- tropical landing scene with a battle- lowing requirements: ship, aircraft carrier, submarine and (a) Awarded a combat decoration. aircraft in the background with land- (b) Furnished a certificate by a coming troops and palm trees in the fore- manding general of a corps, higher ground: above this scene the words unit, or independent force that he actu- ‘‘Asiatic-Pacific Campaign.’’ The re- ally participated in combat. verse is the same as that of the Amer- (c) Served at a normal post of duty ican Campaign Medal. The medal is (as contrasted to occupying the status suspended by a ring from a silk moire of an inspector, observer, or visitor). (d) Aboard a vessel other than in a ribbon 13⁄8 inches in length and 13⁄8 inches in width composed of an orange passenger status and furnished a certificate by the home port commander stripe (3⁄16 inch), white stripe (1⁄16 inch), of the vessel that he served in the com- red stripe (1⁄16 inch), white stripe (1⁄16 bat zone. inch), orange stripe (1⁄4 inch), blue (iii) Was an evadee or escapee in the stripe (1⁄24 inch), white stripe (1⁄24 inch), combat zone or recovered from a pris- red stripe (1⁄24 inch), orange stripe (1⁄4 oner of war status in the combat zone inch), white stripe (1⁄16 inch), red stripe during the time limitations of the cam- (1⁄16 inch), white stripe (1⁄16 inch), and paign. Prisoners of war will not be ac- orange stripe (3⁄16 inch). (b) Requirements. Service within the corded credit for the time spend in con- Asiatic-Pacific Theater between De- finement or while otherwise in re- cember 7, 1941, and March 2, 1946, under straint under enemy control. any of the following conditions: (e) Arrowhead—(1) Description. The ar- (1) On permanent assignment. rowhead is a bronze replica of an In- 1 1 (2) In a passenger status or on tem- dian arrowhead ⁄4 inch in height and ⁄8 porary duty for 30 consecutive days or inch in width. 60 days not consecutive. (2) Requirements. Participated in a (3) In active combat against the combat parachute jump, combat glider enemy and was awarded a combat deco- landing, or amphibious assault landing ration or furnished a certificate by the within the Asiatic-Pacific theater commanding general of a corps, higher while assigned or attached as a mem- unit, or independent force that he actu- ber of an organized force carrying out ally participated in combat. an assigned tactical mission. (c) Boundaries of the Asiatic-Pacific [13 FR 6801, Nov. 19, 1948, as amended at 17 Theater—(1) Eastern boundary. Coinci- FR 912, Jan. 31, 1952]

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§ 578.46 European-African-Middle (ii) Under orders in the combat zone Eastern Campaign Medal. and in addition meets any of the fol- Established by Executive Order 9265 lowing requirements: (3 CFR, 1943 Cum. Supp.). (a) Awarded a combat decoration. (a) Description. A medal of bronze 11⁄4 (b) Furnished a certificate by a com- inches in diameter. On the obverse an manding general of a corps, higher LST landing craft and troops landing unit, or independent force that he actu- under fire with an airplane in back- ally participated in combat. ground below the words ‘‘European-Af- (c) Served at a normal post of duty rican-Middle Eastern Campaign.’’ The (as contrasted to occupying the status reverse is the same as that of the of an inspector, observer, or visitor). American Campaign Medal. The medal (d) Aboard a vessel other than in a is suspended by a ring from a silk passenger status and furnished a cer- moire ribbon 13⁄8 inches in length and tificate by the home port commander 13⁄8 inches in width composed of a of the vessel that he served in the com- brown stripe (3⁄16 inch), green stripe (1⁄16 bat zone. inch), white stripe (1⁄16 inch), red stripe (iii) Was an evadee or escapee in the (1⁄16 inch), green stripe (1⁄4 inch), blue combat zone or recovered from a pris- stripe (1⁄24 inch), white stripe (1⁄24 inch), oner of war status in the combat zone red stripe (1⁄24 inch), green stripe (1⁄4 during the time limitations of the cam- inch), white stripe (1⁄16 inch), black paign. Prisoners of war will not be ac- stripe (1⁄16 inch), white stripe (1⁄16 inch), corded credit for the time spent in con- and brown stripe (3⁄16 inch). finement or while otherwise in re- (b) Requirements. Service within the straint under enemy control. European-African-Middle Eastern —heat- (e) Arrowhead—(1) Description. See er between December 7, 1941, and No- § 578.45(e)(1). vember 8, 1945, under any of the follow- (2) Requirements. See § 578.45 (e) (2). ing conditions: (1) On permanent assignment. [13 FR 6801, Nov. 19, 1948, as amended at 17 (2) In a passenger status or on tem- FR 912, Jan. 31, 1952] porary duty for 30 consecutive days or 60 days not consecutive. § 578.47 World War II Victory Medal. (3) In active combat against the Established by Act July 6, 1945 (59 enemy and was awarded a combat deco- Stat. 461; 10 U.S.C. 1430c). ration or furnished a certificate by the (a) Description. The medal of bronze is commanding general of a corps, higher 36 millimeters in diameter. On the ob- unit, or independent force that he actu- verse is a figure of Liberation standing ally participated in combat. full length with head turned to dexter (c) Boundaries of the European-Afri- looking to the dawn of a new day, right can-Middle Eastern Theater—(1) Eastern foot resting on a war god’s helmet with boundary. Coincident with the western the hilt of a broken sword in the right boundary of the Asiatic-Pacific Thea- hand and the broken blade in the left ter (§ 578.45(c)(2)). hand, the inscription ‘‘World War II’’ (2) Western boundary. Coincident with horizontally placed immediately below the eastern boundary of the American center. On the reverse are the inscrip- Theater (§ 578.44(c)(1)). tions ‘‘Freedom from fear and want’’ (d) Service star—(1) Description. See and ‘‘Freedom of speech and religion’’ § 578.40(d)(2). separated by a palm branch, all within (2) Requirements. Service within the a circle composed of the words ‘‘United European-African-Middle Eastern The- States of America—1941–1945.’’ The ater, one bronze service star for each medal is suspended by a ring from a campaign (AR 260–15). The individual silk moire ribbon 13⁄8 inches in length must meet any of the following condi- and 13⁄8 inches in width composed of a tions: double rainbow in juxtaposition (3⁄8 (i) Assigned, or attached, to and inch), white stripe (1⁄32 inch), red band present for duty with a unit during the (9⁄16 inch), white stripe (1⁄32 inch), and period in which it participated in com- double rainbow in juxtaposition (3⁄8 bat. inch).

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(b) Requirements. Service between De- can-Middle Eastern Campaign Medal cember 7, 1941, and December 31, 1946, was awarded for service prior to May 9, both dates inclusive. 1945.) [13 FR 6802, Nov. 19, 1948] (5) Army of Occupation of Japan between September 3, 1945, and April 27, § 578.48 Army of Occupation Medal. 1952, in the four main islands of Established by section I, WD General Hokkaido, Honshu, Shokoku, and Orders 32, 1946: Kyushu, the surrounding small islands (a) Requirements. Service for 30 con- of the Japanese homeland, the Ryukyu secutive days at a normal post of duty Islands, and the Bonin-Volcano Islands. (as contrasted to inspector, visitor, (Service between September 3, 1945, and courier, escort, passenger status, tem- March 2, 1946, will be counted only if porary duty, or detached service) while the Asiatic-Pacific Campaign Medal assigned to any of the following armies was awarded for service prior to Sep- of occupation: tember 3, 1945. In addition, service (1) Army of Occupation of Germany which meets the requirements for the (exclusive of Berlin) between May 9, Korean Service Medal as prescribed in 1945, and May 5, 1955. (Service between § 578.48b will not be counted in deter- May 9, and November 8, 1945, will be mining eligibility for this medal.) counted only if the European-African- Middle Eastern Campaign Medal was (6) Army Occupation of Korea be- awarded for service prior to May 8, tween September 3, 1945, and June 29, 1945.) 1949, inclusive. (Service between Sep- (i) Service for the prescribed period tember 3, 1945, and March 2, 1946, will with an organization which has been be counted only if the Asiatic-Pacific designated in Department of the Army Campaign Medal was awarded for serv- general orders as having met the re- ice prior to September 3, 1945.) quirements for the Berlin airlift device (b) Description. The medal of bronze is on an individual basis in orders issued 11⁄4 inches in diameter. On the obverse by appropriate field authority will the Remagen Bridge abutments below qualify the individual for the award. the words ‘‘Army of Occupation.’’ On (ii) The orders announcing the award the reverse Fujiyama with a low hang- of the Berlin airlift device will specifi- ing cloud over two Japanese junks cally award the Army of Occupation above a wave scroll and the date Medal to persons not otherwise eligible ‘‘1945.’’ The medal is suspended by a therefor. 3 (2) Army of Occupation of Austria be- ring from a silk moire ribbon 1 ⁄8 inches 3 tween May 9, 1945, and July 27, 1955. in length and 1 ⁄8 inches in width com- (Service between May 9, and November posed of a white stripe (3⁄16 inch), black 8, 1945, will be counted only if the Eu- band (1⁄2 inch), red band (1⁄2 inch), and ropean-African-Middle Eastern Cam- white stripe (3⁄16 inch). paign Medal was awarded for service (c) Clasps—(1) Requirements. A clasp prior to May 9, 1945.) appropriately inscribed will be issued (3) Army of Occupation of Berlin be- with each award of the Army of Occu- tween May 9, 1945, and a terminal date pation Medal to denote the area in to be announced later. (Service be- which occupation duty was rendered. tween May 9, and November 8, 1945, will (2) Description. The clasp is a bronze be counted only if the European-Afri- bar 1⁄8 inch in width and 11⁄2 inches in can-Middle Eastern Campaign Medal length with the word ‘‘Germany’’ or was awarded for service prior to May 9, ‘‘Japan’’ inscribed thereon. 1945.) (d) Berlin airlift device—(1) Require- (4) Army of Occupation of Italy be- ments. Service for 90 consecutive days tween May 9, 1945, and September 15, with a unit credited with participation 1947, in the compartment of Venezia in the Berlin airlift, or awarded the de- Giulia E Zara or Province of Udine, or with a unit in Italy as designated in vice by competent field authority on DA General Orders 4, 1947. (Service be- an individual basis. tween May 9, and November 8, 1945, will (2) Description. The Berlin airlift de- be counted only if the European-Afri- vice is a gold colored metal miniature

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of a C–54 type aircraft of 3⁄8-inch wing (3) Southern boundary. 48th parallel span, other dimensions proportionate. north latitude. (4) Western boundary. 5th meridian [17 FR 912, Jan. 31, 1952, as amended at 20 FR 8190, Nov. 1, 1955] west longitude. (d) Awards. No individual will be § 578.48a Medal for Humane Action. awarded more than one Medal for Hu- mane Action, regardless of the number Established by the Act of July 20, of times he may qualify for an award. 1949 (63 Stat. 447; 10 U.S.C. 1430d, Supp. III). [15 FR 5993, Sept. 6, 1950, as amended at 16 (a) Description. The medal of bronze is FR 391, Jan. 16, 1951] 11⁄4 inches in diameter. On the obverse is a facsimile of a C–54 airplane within § 578.48b Korean Service Medal. a wreath of wheat centering at the bot- Established by Executive Order 10179, tom of the coat of arms of the city of November 9, 1950 (3 CFR, 1950 Supp.). Berlin, Germany. The reverse bears the (a) Requirements. Service between eagle, shield, and arrows from the seal June 27, 1950, and July 27, 1954, under of the Department of Defense beneath any of the following conditions: the words ‘‘For Humane Action’’ and (1) Within the territorial limits of above the quotation ‘‘To Supply Neces- Korea or in the waters immediately ad- sities Of Life To The People of Berlin, jacent thereto; or Germany.’’ The medal is suspended by (2) With a unit under the operational a ring from a silk moire ribbon 13⁄8 control of CINCFE, other than one inches in length and 13⁄8 inches in within the territorial limits of Korea, width, banded in black (9⁄32 inch) on which has been designated by the Com- each edge symmetrically inclosing mander in Chief, Far East, as having white strips (1⁄16 inch) outside blue directly supported the military effort bands (9⁄32 inch) followed by white in Korea; or stripes (3⁄64 inch) centering one stripe of (3) Was furnished an individual cer- red (1⁄32 inch). tificate by the Commander in Chief, (b) Requirements—(1) General. Service Far East, testifying to material con- for at least 120 days during the period tribution made in direct support of the June 26, 1948, and September 30, 1949, military effort in Korea. inclusive, within the boundaries of the (4) The service prescribed must have Berlin airlift operations prescribed in been performed while: paragraph (c) of this section, while par- (i) On permanent assignment; or ticipating in the Berlin airlift or in di- (ii) On temporary duty for 30 con- rect support thereof, by the following secutive days or 60 days not consecu- individuals: tive; or (i) Members of the Armed Forces of (iii) In active combat against the the United States. enemy under conditions other than (ii) Persons other than members of those prescribed in paragraphs (a)(4)(i) the Armed Forces of the United States and (ii) of this section, provided a com- when recommended for meritorious bat decoration has been awarded or an participation. individual certificate has been fur- (2) Posthumous. Awards may be made nished by the commander of an inde- to those persons who lost their lives pendent force or of a division, ship, or while participating in the Berlin air- air group, or comparable or higher lift, or as a direct result of participat- unit, testifying to such combat credit. ing therein, without regard to the (b) Description. The medal of bronze is length of such service, provided all 11⁄4 inches in diameter. (Design to be other requirements prescribed in sub- announced later.) The medal is sus- paragraph (1) of this paragraph have pended by a ring from a silk moire rib- been complied with. bon 13⁄8 inches in length and 13⁄8 inches (c) Boundaries of area of Berlin airlift in width composed of a white stripe (1⁄32 operations—(1) Northern Boundary. 54th inch), United Nations blue band (19⁄32 parallel north latitude. inch), white stripe (1⁄8 inch), United Na- (2) Eastern boundary. 14th meridian tions blue band (19⁄32 inch), and white east longitude. stripe (1⁄32 inch).

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(c) Service star—(1) Requirements. the Reserve components of the Armed Combat service within the Korean The- Forces of the United States, including ater between June 27, 1950, and a termi- the Coast Guard Reserve and the Ma- nal date to be announced, one bronze rine Corps Reserve, for a period of 10 service star for each campaign. Under years under the following conditions: any of the following conditions: (1) Such years of service must have (i) Assigned, or attached, to and been performed within a period of 12 present for duty with a unit during the consecutive years. period in which it participated in com- (2) Each year of active or inactive bat. honorable service prior to July 1, 1949, (ii) Under order in the combat zone in any Reserve component listed in and in addition meets any of the fol- part 563 of this chapter, will be credited lowing requirements: toward award. For service performed (a) Awarded a combat decoration. on or after July 1, 1949, a member must (b) Furnished a certificate by a com- accumulate during each anniversary manding general of a corps, higher year a minimum of 50 retirement unit, or independent force that he actu- points as prescribed in part 563 of this ally participated in combat. chapter. (c) Served at a normal post of duty (3) Service in a regular component of (as contrasted to occupying the status the Armed Forces, including the Coast of an inspector, observer, or visitor). Guard, is excluded except that service (d) Aboard a vessel other than in a in a Reserve component which is con- passenger status and furnished a cer- current in whole or in part with service tificate by the home port commander in a regular component will be in- of the vessel that he served in the com- cluded. bat zone. (4) Any period during which Reserve (iii) Was an evadee or escapee in the service is interrupted by one or more of combat zone or recovered from a pris- the following will be excluded in com- oner of war status in the combat zone puting, but will not be considered as a during the time limitations of the cam- break in the period of 12 years: paign. Prisoners of war will not be ac- (i) Service in a regular component of corded credit for the time spent in con- the Armed Forces; or finement or while otherwise in re- (ii) During tenure of office by any straint under enemy control. State official chosen by the voters of (2) Description. See § 578.40(d)(2). the entire State, territory, or posses- (d) Arrowhead—(1) Requirements. See sion; or § 578.45(e)(2). (iii) During tenure of office of mem- (2) Description. See § 578.45 (e) (1). ber of the legislative body of the Unit- ed States or of any State, territory, or [17 FR 913, Jan. 31, 1952, as amended at 19 FR possession; and 9376, Dec. 31, 1954] (iv) While serving as judge of a court EDITORIAL NOTE: Executive Order 10179 was of record of the United States, or of amended by Executive Order 10429, January 17, 1953, 18 FR 408 (3 CFR, 1953 Supp.). any State, territory, possession, or the District of Columbia. § 578.48c Armed Forces Reserve Medal. (b) Ten-year device. One 10-year device Established by Executive Order 10163, is awarded for wear on the service rib- as amended by Executive Order 10439. bon and suspension ribbon of the Medal The reverse of this medal is struck in for each 10-year period of service ac- two designs for award to personnel crued in addition to and under the con- whose Reserve component service has ditions prescribed above for award of been primarily in the Organized Re- the Medal. serve or primarily in the National [26 FR 6436, July 18, 1961] Guard. The first design portrays the Minute Man from the Organized Re- § 578.48d United Nations Service serve Crest; the other design portrays Medal. the National Guard insignia. Established by United Nations Gen- (a) Requirements. Awarded for honor- eral Assembly Resolution 483 (V), De- able and satisfactory service as a mem- cember 12, 1950. Presidential accept- ber or former member of one or more of ance for the United States Armed

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Forces announced by the Department combat service has been furnished by of Defense November 27, 1951 (directive the commander of an independent force number 110.23–3). or a division, ship, or air group, or (a) Requirements. (1) Personnel to comparable or higher unit. qualify must be: (b) Description. The medal is of bronze (i) Members of the Armed Forces of alloy 1.4 inches in diameter. On the ob- the United States dispatched to Korea verse is the emblem of the United Na- or adjacent areas for service on behalf tions (a polar projection map of the of the United Nations in the action in world, taken from the North Pole, em- Korea; or braced in twin olive branches). On the (ii) Other personnel dispatched to reverse, within a rim, is the inscription Korea or adjacent areas as members of ‘‘For Service in Defense of the Prin- paramilitary and quasimilitary units ciples of the Charter of the United Na- designated by the United States Gov- tions.’’ The medal is suspended from a ernment for service in support of Unit- silk ribbon 2 inches in length and 1.33 ed Nations action in Korea and cer- inches in width, consisting of 17 tified by the United Nations Com- stripes, 9 of United Nations blue and 8 mander-in-Chief as having directly sup- of white, alternating, each stripe 0.08 ported military operations there. inch in width. A bar 1.5 inches in NOTE: Personnel awarded the Korean Serv- length and 0.25 inch in width, bearing ice Medal automatically establish eligibility the word ‘‘Korea,’’ constitutes a part of for the United Nations Service Medal. the suspension of the medal from the (2) Service. (i) Service shall be for pe- ribbon. riods provided in this section between (c) Exclusions. No personnel of the June 27, 1950, inclusive, and a terminal United Nations or of its specialized date to be announced later by the Sec- agencies or of any national government retary General of the United Nations, service other than as prescribed above, under either of the following condi- and no International Red Cross person- tions: nel engaged for service under the Unit- (a) Within the territorial limits of ed Nations Commander-in-Chief with Korea or the waters immediately adja- any United Nations relief team in cent thereto or in the air over Korea or Korea shall be eligible for the award of over such waters; or the medal. (b) With a national contingent des- [17 FR 914, Jan. 31, 1952, as amended at 18 FR ignated by the United States Govern- 3046, May 27, 1953; 18 FR 4218, July 18, 1953] ment for service in support of the Unit- ed Nations action in Korea and cer- § 578.48e National Defense Service tified by the United Nations Com- Medal. mander-in-Chief as having directly sup- Established by Executive Order 10448 ported military operations in Korea. (3 CFR, 1953 Supp.). (ii) The service prescribed must have been performed while serving with any (a) Requirements. Honorable active unit as provided in paragraph (a)(1) of service for any period between June 27, this section as specified hereunder: 1950, and a terminal date to be an- (a) While on an assignment to such nounced, both dates inclusive. unit for any period between the dates (b) Exclusions. For the purpose of this specified in paragraph (a)(2)(i) of this award, the following persons shall not section; or be considered as performing active (b) While attached to such unit for a service: period of 30 days consecutive or non- (1) Reserve component personnel on consecutive, between the dates speci- short tours of active duty to fulfill fied in paragraph (a)(2)(i) of this sec- training obligations under an inactive tion; or training program. (c) While on active combat against (2) Reserve component personnel on the enemy under conditions other than temporary active duty to serve on those prescribed in paragraphs (a)(2)(ii) boards, courts, commissions, etc. (a) and (b) of this section, if a combat (3) Any person on active duty for the decoration has been awarded or an in- sole purpose of undergoing a physical dividual certificate testifying to such examination.

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(4) Any person on active duty for pur- pating U.S. agency. In such case, award poses other than for extended active will be made by the Secretary of the duty. Department under whose cognizance (c) Description. The medal of bronze the expedition falls, provided the com- 11⁄4 inches in diameter. (Design to be mander of the military support force as announced later.) The medal is sus- senior U.S. representative in Antarc- pended by a ring from a silk moire rib- tica considers that he has performed bon 13⁄8 inches in length and 13⁄8 inches outstanding and exceptional service in width composed of a red band (7⁄16 and shared the hardship and hazards of inch), white stripe (1⁄32 inch), blue the expedition. stripe (1⁄32 inch), white stripe (1⁄32 inch), (b) Clasps and discs. Wintering over red stripe (1⁄32 inch), yellow band (1⁄4 on the Antarctic continent is recog- inch), red stripe (1⁄32 inch), white stripe nized by the award of the following: (1⁄32 inch), blue stripe (1⁄32 inch), white (1) A clasp bearing the words stripe (1⁄32 inch), red band (7⁄16 inch). ‘‘Wintered over’’ for wear on the sus- (d) Appurtenances. No appurtenances pension ribbon of the medal; and other than the service ribbon are au- (2) A disc bearing an inscribed out- thorized for use with the National De- line of the Antarctic continent for fense Service Medal. wear on the service ribbon. [18 FR 5449, Sept. 10, 1953] These appurtenances are awarded in bronze for the first winter, in gold for § 578.48f Antarctica Service Medal. the second winter and in silver for the Established by Public Law 86–600, as third winter. promulgated in DOD Instruction 1348.9, (c) Miscellaneous provisions. (1) No November 22, 1960. person may receive more than one (a) Requirements. Awarded to any per- award of the Antarctic Service Medal. son who after January 1, 1946, meets (2) Not more than one clasp or disc any of the following qualifications: will be worn on the ribbon. (1) Any member of the Armed Forces (3) No minimum time limits for par- of the United States or civilian citizen, ticipation are prescribed. or resident alien of the United States (4) The Antarctic Service Medal who, as a member of a U.S. expedition, takes precedence immediately after participates in scientific, direct sup- the Korean Service Medal. port, or exploratory operations on the Antarctic continent. [26 FR 6437, July 18, 1961] (2) Any member of the Armed Forces § 578.48g Armed Forces Expeditionary of the United States or civilian citizen, Medal. or resident alien of the United States who, under the sponsorship and ap- Established by Executive Order 10977, proval of competent U.S. Government dated 4 December 1961. This medal is authority participates in a foreign Ant- authorized for: arctic expedition on that continent in U.S. Military Operations. coordination with a U.S. Antarctic ex- U.S. Operations in Direct Support of the pedition. United Nations. (3) Any member of the U.S. Armed U.S. Operations of Assistance for Friendly Forces who serves as a crew member of Foreign Nations. an aircraft flying to or from the Ant- (a) Definitions—(1) Operation. A mili- arctic or within Antarctica in support tary action, or the carrying out of a of operations on that continent. strategic, tactical, service, training, or (4) Any member of the U.S. Armed administrative military mission; the Forces who serves on a United States process of carrying on combat includ- ship operating south of latitude 60° ing movement, supply, attack, defense, south in support of U.S. operations in and maneuvers needed to gain the ob- Antarctica. jectives of any battle or campaign. (5) Any person, including citizens of (2) Area of operations. (i) The foreign foreign nations, not fulfilling any territory upon which troops have actu- above qualification, who participates ally landed or are present and specifi- in a U.S. Antarctic expedition on that cally deployed for the direct support of continent at the invitation of a partici- the designated military operation.

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(ii) Adjacent water areas in which wan Straits—from 23 August 1958 to 1 ships are operating, patrolling, or pro- January 1959. viding direct support of operations. (iv) Cuba—from 24 October 1962 to 1 (iii) The airspace above and adjacent June 1963. to the area in which operations are (2) U.S. operations in direct support of being conducted. the United Nations. Congo—from 14 July (3) Direct support. Services being sup- 1960 to 1 September 1962. plied the combat forces in the area of (3) U.S. operations of assistance for a operations by ground units, ships, and friendly foreign nation. (i) Laos—from 19 aircraft providing supplies and equip- April 1961 to 7 October 1962. ment to the forces concerned, provided (ii) Vietnam—From 1 July 1958 to a it involves actually entering the des- date to be announced. ignated area; and ships and aircraft Future area of operations will be an- providing fire, patrol, guard, reconnais- nounced as required. sance, or other military support. (b) Requirements. Awarded for services [29 FR 582, Jan. 22, 1964] after 1 July 1958, meeting the qualifica- § 578.49 Service ribbons. tions set forth below: (1) General. Personnel must be a bona A ribbon identical in color with the fide member of a unit engaged in the suspension ribbon of the service medal 3 operation, or meet one or more of the it represents, attached to a bar 1 ⁄8 3 following criteria: inches in width and ⁄8 inch in length, (i) Shall serve not less than 30 con- equipped with a suitable attaching de- secutive days in the area of operations. vice. A service ribbon is issued with (ii) Be engaged in direct support of each service medal. the operation for 30 consecutive days [17 FR 914, Jan. 31, 1952] or 60 nonconsecutive days, provided this support involves entering the area § 578.49a Philippine service ribbons. of operations. (a) Philippine Defense Ribbon. Estab- (iii) Serve for the full period where lished by General Orders 8, Army Head- an operation is of less than 30 days’ du- quarters, Commonwealth of the Phil- ration. ippines, 1944. (iv) Be engaged in actual combat, or (1) Description. A silk moire ribbon 3⁄8 duty which is equally as hazardous as inch in length and 13⁄8 inches in width combat duty, during the operation composed of a red stripe (7⁄32 inch), a with armed opposition, regardless of white stripe (3⁄16 inch), red band (9⁄16 time in the area. inch), a white stripe (3⁄16 inch), and a (v) Participate as a regularly as- red stripe (7⁄32 inch); in the center of signed crewmember of an aircraft fly- the red band, three white stars 1⁄8-inch ing into, out of, within, or over the circumscribed diameter, centers placed area in support of the military oper- on extremities of an imaginary equi- ation. lateral triangle 1⁄4-inch on each side (vi) Be recommended, or attached to with one point of each star outward a unit recommended, by the chief of a and centered in radiated center lines. service or the commander of a unified (2) Requirements. Service in the de- or specified command for award of the fense of the Philippines from December medal, although the criteria above 8, 1941, to June 15, 1942, under either of have not been fulfilled. Such rec- the following conditions: ommendations may be made to the (i) Participated in any engagement Joint Chiefs of Staff for duty of such against the enemy in Philippine terri- value to the operation as to warrant tory, in Philippine waters, or in the air particular recognition. over the Philippines or over Philippine (c) Designated areas and dates—(1) U.S. waters. An individual will be consid- military operation dates. (i) Berlin—from ered as having participated in an en- 14 August 1961 to 1 June 1963. gagement if he: (ii) Lebanon—from 1 July 1958 to 1 (a) Was a member of the defense gar- November 1958. rison of the Bataan Peninsula or of the (iii) Quemoy and Matsu Islands— fortified islands at the entrance to Ma- from 23 August 1958 to 1 June 1963. Tai- nila Bay; or

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(b) Was a member of and present with (iv) Served in the Philippine Islands a unit actually under enemy fire or air or on ships in Philippine waters for not attack; or less than 30 days during the period. (c) Served on a ship which was under (3) Bronze service star—(i) Description. enemy fire or air attack: or See § 578.40(d)(2). (d) Was a crew member or passenger (ii) Requirements. Individuals who in an airplane which was under enemy meet more than one of the conditions aerial or ground fire. set forth above are authorized to wear (ii) Assigned or stationed in Phil- a bronze service star on the ribbon for ippine territory or in Philippine waters each additional condition under which for not less than 30 days during the pe- they qualify other than that under riod. which they are eligible for the initial award of the ribbon. (3) (i) Bronze service star— Description. (c) Philippine Independence Ribbon. See § 578.40(d)(2). Established by General Orders 383, (ii) Requirements. Individuals who Army Headquarters, Commonwealth of meet both of the conditions set forth in the Philippines, 1946. paragraph (a)(2) of this section, are au- (1) Description. A silk moire ribbon 3⁄8 thorized to wear a bronze service star inch in length and 13⁄8 inches in width on the ribbon. composed of a yellow stripe (1⁄8 inch), (b) Philippine Liberation Ribbon. Es- blue stripe (3⁄8 inch), red stripe (3⁄32 tablished by General Orders 8, Army inch), white stripe (3⁄16 inch), red stripe Headquarters, Commonwealth of the (3⁄32 inch), blue stripe (3⁄8 inch), and yel- Philippines, 1944. low stripe (1⁄8 inch). (1) Description. A silk moire ribbon 3⁄8 (2) Requirements. Army personnel who inch in length and 13⁄8 inches in width are recipients of the Philippine Defense composed of a red band (7⁄32 inch), blue and/or Philippine Liberation Ribbons stripe (1⁄8 inch), white stripe (1⁄8 inch), are eligible for the award of the Phil- and a red band (9⁄16 inch). ippine Independence Ribbon. (2) Requirements. Service in the lib- [14 FR 6265, Oct. 14, 1949, as amended at 17 FR eration of the Philippines from October 914, Jan. 31, 1952; 18 FR 4218, July 18, 1953] 17, 1944, to September 3, 1945, under any of the following conditions: § 578.49b United Nations Medal. (i) Participated in the initial landing Established by the United Nations operations on Leyte or adjoining is- Secretary-General, July 30, 1959. Presi- lands from October 17, 1944, to October dential acceptance for the United 20, 1944. An individual will be consid- States Armed Forces announced by De- ered as having participated in such op- partment of Defense Instruction erations if he landed on Leyte or ad- 1348.10, December 6, 1960. joining islands, was on a ship in Phil- (a) Eligibility. Personnel to qualify for ippine waters, or was a crew member of award must be or have been in the an airplane which flew over Philippine service of the United Nations, for a pe- territory during the period. riod not less than 6 months, with one of (ii) Participated in any engagement the following: against the enemy during the cam- (1) United Nations Observation Group paign on Leyte and adjoining islands. in Lebanon (UNOGIL) An individual will be considered as (2) United Nations Truce Supervision having participated in combat if he Organization in Palestine (UNTSOP), meets any of the conditions set forth in (3) United Nations Military Observer paragraphs (a)(2)(i) (b), (c), and (d) of Group in India and Pakistan this section. (UNMOGIP). (iii) Participated in any engagement (b) Awards. Awards are made by the against the enemy on islands other United Nations Secretary-General, or than those included in paragraphs in his name by officials to whom he (b)(2)(i) of this section. An individual delegates awarding authority. will be considered as having partici- (c) Presentation. Presentation nor- pated in combat if he meets any of the mally will be made in the field by the conditions set forth in paragraphs Senior Representative of the Sec- (a)(2)(i) (b), (c), and (d) of this section. retary-General who makes the award.

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When presentation is not so accom- (i) American Expeditionary Forces in plished, any person who believes him- European Russia between November 12, self eligible for award may submit to 1918, and August 5, 1919; or The Adjutant General, ATTN: AGPS– (ii) American Expeditionary Forcesin AD a request for such award with copy Siberia between November 12, 1918, and of any substantiating documents. The April 1, 1920. Adjutant General will forward each (2) Description. A five-pointed star 5⁄8- such request through the Office of In- inch in diameter on a wreath with the ternal Administration, Office of the As- letters ‘‘US’’ in the center. For persons sistant Secretary of State for Inter- wounded in action, the lapel button is national Organization Affairs, to the of silver; for all others, of bronze. United Nations for consideration. (c) Honorable service lapel button [26 FR 6437, July 18, 1961] (World War II Victory Medal lapel button). § 578.52 Miniature service medals and (1) Eligibility requirements. Honorable appurtenances. Federal military service between Sep- (a) Description. Miniature service tember 8, 1939, and December 31, 1946. medals and appurtenances are replicas (2) Description. A button of gold-color of the corresponding service medals metal and consists of an eagle perched and appurtenances, on a scale of 1⁄2. within a ring composed of a chief and (b) Wearing. Miniature service medals 13 vertical stripes. The button is 7⁄16- with miniature appurtenances are worn inch in height and 5⁄8-inch in width. attached to a bar on the left lapel of (d) Lapel button for service rendered military and civilian evening clothes prior to 8 September 1939 (World War II only. Victory Medal lapel button). [13 FR 6802, Nov. 19, 1948] (1) Eligibility requirements. (i) The following persons are entitled to wear § 578.53 Miniature service ribbons. this lapel button: (a) Description. Miniature service rib- (a) Those who have served honorably bons are replicas of corresponding serv- as enlisted men, field clerks, warrant ice ribbons, on a scale of 1⁄2. officers, nurses, or commissioned mem- (b) Wearing. Miniature service rib- bers of the military forces in time of bons with miniature appurtenances are war. worn attached to a bar on civilian (b) Those who have served honorably clothes only. in the Army of the United States and [13 FR 6802, Nov. 19, 1948] have been trained and qualified in the grade of private or in a higher grade, § 578.54 Lapel buttons. including contract surgeons and veteri- narians, warrant officers, nurses, and (a) Enameled reproductions of the commissioned officers. service ribbons of all service medals, except the World War I and World War (c) Those who have served honorably II Victory Medal, are authorized. in a military unit conducted under the (1) Eligibility requirements. Same as for War Department, or have been trained the service medals listed in §§ 578.27 and qualified as a private or in a higher through 578.39, 578.41 through 578.46, grade. 578.48 through 578.48c, and 578.48e. (ii) Except where other regulations (2) Description. The lapel button is govern, the length of service and train- 21⁄32-inch in width and 1⁄8-inch in length ing required for qualification for the in colored enamel, being a reproduc- lapel button for service rendered prior tion of the service ribbon. to September 8, 1939, will be as follows, (b) World War I Victory button such service and training to have been (World War I Victory Medal lapel but- considered honorable and satisfactory ton). by the commanding officer: (1) Eligibility requirements. Honorable (a) Two months’ service in the Regu- service during the period April 6, 1917, lar Army. to November 11, 1918, or service with (b) One year’s service in the National the— Guard.

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(c) One year’s service in the Enlisted tion by tangible evidence of the attain- Reserve Corps, including 15 days’ train- ment of a high degree of skill, pro- ing on active or inactive duty, or ficiency, and excellence in tests and equivalent training during another competition, as well as in the perform- year. ance of duties. Awards of badges pro- (d) One year’s service in the basic mote esprit de corps, and provide an in- course of a senior Reserve Officers’ centive to greater effort, thus becom- Training Corps unit or in a junior Re- ing instrumental in building and main- serve Officers’ Training Corps unit in taining morale. Types of badges au- an essentially military school. thorized to be awarded as hereinafter (e) Two years’ service in other junior prescribed, are combat and special skill Reserve Officers’ Training Corps units badges, qualification badges and identi- and units given Government aid (sec- fication badges. tion 55c, National Defense Act, and R. (b) Recommendations. Recommenda- S. 1225). tions for awards of badges will be for- (f) Two months’ service in a citizens’ warded through channels to the com- military training camp or its equiva- mander authorized herein to make the lent. respective awards of to The Adjutant (iii) Next of kin are not authorized to General, ATTN: AGPS–AD, as prompt- wear the lapel button for service. ly as practicable following the individ- (2) Description. A button of gold-color ual’s qualification. metal and consists of an eagle perched (c) Awards of badges—(1) General. within a ring which displays 7 white Badges may be awarded in the field and 6 red vertical stripes with a blue only by designated commanders. Com- chief bearing the words ‘‘National De- manders other than those to whom au- fense.’’ The button is 7⁄16-inch in height thority is delegated herein will forward and 5⁄8-inch in width. recommendations for such awards (e) Army lapel button—(1) Eligibility re- through command channels to The Ad- quirements. Honorable active Federal jutant General, ATTN: AGPS–AD. service in the Army of the United (2) Posthumous awards. When an indi- States for at least 1 year subsequent to vidual who has qualified for a badge December 31, 1946. dies before the award is made, the (2) Description. The minute man in award nevertheless may be made and gold-color metal on a red enamel disk the badge forwarded to the next of kin surrounded by 16 pointed gold rays, as indicated by the records of the De- outside diameter 9⁄16-inch. partment of the Army, in the following [19 FR 9377, Dec. 31, 1954] precedence: Widow, or widower, eldest son, eldest daughter, father, mother, § 578.56 Manufacture, sale, and illegal eldest brother, eldest sister, or eldest possession. grandchild. Posthumous awards made Sections 507.1 to 507.8 of this chapter by commanders outside the continental prescribe: United States will be forwarded to The (a) Restrictions on manufacture and Adjutant General, ATTN: AGPS–AD. sale of service medals and appur- (3) Retroactive awards. Retroactive tenances by civilians. awards of the Combat Infantryman (b) Penalties for illegal possession Badge and Medical Badge will not be and wearing of service medals and ap- made. Exceptions are awards of Com- purtenances. bat Infantryman Badge or Medical Badge made by The Adjutant General [13 FR 6802, Nov. 19, 1948] upon written request by individuals otherwise fully qualified who are re- BADGES cipients of decorations for heroism in SOURCE: Sections 578.60 through 578.62 ap- combat. pear at 26 FR 6437, July 18, 1961, unless other- (d) Announcement of awards. Except wise noted. for identification badges, each award of a badge will be announced in special § 578.60 Badges and tabs; general. orders of commanders authorized here- (a) Purpose. The purpose of awarding in to make the award or in letter or- badges is to provide for public recogni- ders of the Department of the Army.

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(e) Presentation of awards. Whenever (2) The Medical Badge may be award- practicable, badges will be presented to ed only to members of the United military personnel with formal and im- States Army or Navy. pressive ceremony. Presentations (3) All other combat and special skill should be made as promptly as possible badges may be earned by honorable ac- following announcement of awards and, tive or inactive service, in or while for- when practicable, in the presence of mally assigned or attached to, the the troops with whom the recipients United States Army. Awards of United were serving at the time of qualifica- States Army combat and special skill tion. badges to a foreigner will be made only (f) Supply of badges and appur- with the prior consent of his parent tenances—(1) Items issued by the Depart- government and upon completion of ment of the Army: the full requirements established for (i) Combat and Special Skill badges. each badge listed below. (ii) Qualification badges. (c) Reinstatement of awards. An award (iii) Qualification badge bars. once revoked will not be reinstated (iv) The Guard, Tomb of the Un- automatically when, for any reason of known Soldier identification badge (an conviction by court-martial for deser- item of organizational equipment). tion in time of war is voided by com- (2) Items not issued or sold by Depart- petent authority. ment of the Army: Identification badges, (d) Combat Infantryman Badge.— (1) except as provided in paragraph (a) of Eligibility requirements. (i) An individual this section. must be an infantry officer in the grade (i) Lapel buttons for badges. of colonel or below, or an enlisted man, (ii) Certificates for badges. or a warrant officer with infantry (iii) Foreign badges. MOS, who subsequent to December 6, (iv) Miniature combat infantryman 1941, has satisfactorily performed duty and expert infantryman badges. while assigned or attached as a mem- (3) Requisition. Initial issue or re- ber of an infantry unit of regimental or placement for badge lost, destroyed, or smaller size during any period such rendered unfit for use without fault or unit was engaged in active ground com- neglect on the part of the person whom bat. Battle participating credit alone is it was awarded, will be made upon ap- not sufficient; the unit must have been plication, without charge to military in active ground combat with the personnel on active duty and at stock enemy during the period. Awards may fund standard price to all others. be made to assigned members of ranger (g) Character of service. No badge will infantry companies assigned or at- be awarded to any person who, subse- tached to tactical infantry organiza- quent to qualification therefor, has tions. been dismissed, dishonorably dis- (ii) Awards will not be made to gen- charged, or convicted of desertion by eral officers nor to members of head- court-martial, except as provided in quarters companies of units larger in § 578.61(c). size than battle groups. (iii) Any officer whose basic branch is § 578.61 Combat and special skill other than infantry who, under appro- badges and tabs. priate orders, has commanded an infan- (a) Purpose. Combat and special skill try unit of regimental or smaller size badges are awarded to denote pro- for at least 30 consecutive days is ficiency in performance of duties under deemed to have been detailed in infan- hazardous conditions and cir- try and is eligible for the award of the cumstances of extraordinary hardship Combat Infantryman Badge notwith- as well as special qualifications and standing absence of written orders de- successful completion of prescribed tailing him in the infantry provided all courses of training. other requirements for such award (b) To whom awarded. (1) The Combat have been met. Orders directing the in- Infantryman Badge may be awarded dividual to assume command will be only to members of the United States confirmed in writing at the earliest Army or Navy. practicable date.

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(iv) One award of the Combat Infan- infantry unit of regimental or smaller tryman Badge is authorized to each in- size; or when assigned to, or attending dividual for each separate war in which a course of instruction at, the United the requirements prescribed have been States Army Infantry School. met. Second, third, and fourth awards (2) Who may award. Commanding offi- are indicated by superposing 1, 2, and 3 cers of infantry regiments, battle stars respectively, centered at the top groups and separate infantry units or of the badge between the points of the their next superior, commanders of oak wreath. United States Army Training Centers, (2) Who may award. Commanding gen- and the Commandant, United States erals of infantry divisions and com- Army Infantry School. Commanders at manding officers of infantry battle training installations may award the groups, separate infantry battalions, badge to qualified personnel under- and separate infantry companies. going 6 months’ active duty for train- (e) Medical Badge—(1) Eligibility re- ing under the Reserve Forces Act of quirements. (i) A member of the Army 1955 provided such personnel are as- Medical Service or of the Naval Medi- signed to infantry units of battle group cal Service assigned or attached to the or smaller size in the Reserve compo- Army, must have satisfactorily per- nents. formed medical duties subsequent to (g) Parachutist badges. (1) Three de- December 6, 1941, while assigned or at- grees of badges are authorized for tached in a permanent status as a award: the Master Parachutist Badge, member of the medical detachment of the Senior Parachutist Badge, and the an infantry unit of regimental or Parachutist Badge. Eligibility require- smaller size, or as a member of the ments for each badge are set forth in medical platoon of an infantry or air- succeeding paragraphs. Awarding au- borne battle group headquarters com- thorities for all three are the following: pany, during any period the unit was Commanding generals of the United engaged in active ground combat. Bat- States Continental Army Command; ZI tle participation credit is not suffi- armies and overseas commands: Mili- cient; the infantry unit must have been tary District of Washington, U.S. in contact with the enemy. Army; airborne corps; airborne divi- (ii) Awards of this badge will not be sions; infantry divisions containing or- made to members of medical battal- ganic airborne elements, and the Quar- ions, except when attached to an infan- termaster Research and Engineering try unit as indicated above. Command; the Commandants of the In- (iii) One award of the medical badge fantry School and of the Quarter- is authorized to each individual for master School; commanding officers of each war in which the above require- separate airborne regiments, separate ments are met. Successive awards are airborne battle groups, or separate air- indicated by superimposing stars on borne battalions. Special Forces the badge as follows: Second award, Groups (Airborne), and the Special one star at the top center above the Warfare Center; and President, U.S. cross; third award, two stars, one at Army Airborne and Electronics Board. the top center above the cross and one (2) Eligibility for awards will be de- at the bottom center of the wreath; termined from the Individual Jump fourth award, three stars, one at the Record (DA Form 1307) contained in top center above the cross, and one at the field 201 file section of the person- each side of the wreath at the ends of nel records jacket. Each entry on this the stretcher. form will include pay period covered (2) Who may award. Same as for Com- and initials of the personnel officer; bat Infantryman Badge. the entry will be made only from a Cer- (f) Expert Infantryman Badge—(1) Eli- tificate of Jump and Loading Manifest gibility requirement. An individual must (DA Form 1306) completed by an officer be an infantry officer or enlisted man, or jumpmaster. or a warrant officer with an infantry (h) Master Parachutist Badge. An indi- MOS who has satisfactorily completed vidual must have been rated excellent the proficiency tests prescribed by in character and efficiency and have Army Regulations while assigned to an met the following requirements:

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(1) Participated in a minimum of 65 (iii) Two mass tactical jumps which jumps to include: culminate in an airborne assault prob- (i) Twenty-five jumps with combat lem with either a unit equivalent to a equipment to consist of normal TOE battalion or larger; a separate com- equipment, individual weapon carried pany/battery; or an organic staff of reg- by the individual in combat whether imental size or larger. The individual the jump was in actual or simulated must fill a position commensurate with combat. In cases of simulated combat his rank or grade during the problem. the equipment will include water, ra- (2) Either graduated from the tions (actual or dummy), ammunition Jumpmaster Course of the Airborne (actual or dummy), and other essential Department of the Infantry School or items necessary to sustain an individ- the jumpmaster school of a separate ual in combat; airborne battalion or larger airborne (ii) Four night jumps made during unit, or served as jumpmaster on one the hours of darkness (regardless of the or more combat jumps or as a time of day with respect to sunset) one jumpmaster on 15 noncombat jumps. of which will be as jumpmaster of a (3) Have served on jump status with stick; an airborne unit or other organizations (iii) Five mass tactical jumps which authorized parachutists for a total of culminate in an airborne assault prob- at least 24 months. lem with a unit equivalent to a battal- (j) Parachutists Badge. An individual ion or larger; a separate company/bat- must have satisfactorily completed the tery; or an organic staff of regimental prescribed proficiency tests while as- size or larger. The individual must fill signed or attached to an airborne unit a position commensurate with his rank or the Airborne Department of The In- or grade during the problem. fantry School; or have participated in (2) Either graduated from the at least one combat parachute jump Jumpmaster Course of the Airborne into enemy-held territory as a member Department of the Infantry School or of an organized force carrying out an the jumpmaster school of a separate assigned tactical mission for which the airborne battalion or larger airborne unit was credited with an airborne as- unit, or served as jumpmaster on one sault landing by the theater com- or more combat jumps or as mander. jumpmaster on 33 noncombat jumps. (k) Army aviator badges—(1) Badges (3) Have served on jump status with authorized. (i) Master Army Aviator an airborne unit or other organization Badge. authorized parachutists for a total of at least 36 months. (ii) Senior Army Aviator Badge. (i) Senior Parachutist Badge. An indi- (iii) Army Aviator Badge. vidual must have been rated excellent (2) Eligibility requirements. An individ- in character and efficiency and have ual must have satisfactorily completed met the following requirements: prescribed training and proficiency (1) Participated in a minimum of 30 tests as outlined in AR 600–106, and jumps to include: must have been designated as an avi- (i) Fifteen jumps with combat equip- ator in orders issued by headquarters ment to consist of normal TOE equip- indicated below: ment including individual weapon car- (3) Who may award. (i) The Com- ried in combat whether the jump was mandant, Army Aviation School, may in actual or simulated combat. In cases designate an individual as an Army of simulated combat the equipment Aviator. will include water, rations (actual or (ii) The Adjutant General may des- dummy), ammunition (actual or ignate an individual as an Army Avi- dummy), and other essential items nec- ator, as a Senior Army Aviator, and as essary to sustain an individual in com- a Master Army Aviator. bat; and (l) Army Aviation Medical Officer (ii) Two night jumps made during the Badge. The Surgeon General may hours of darkness (regardless of time of award this badge to any Army Medical day with respect to sunset) one of Corps officer to whom he has awarded which will be as jumpmaster of a stick; MOS 3160 (either primary or secondary)

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upon successful completion of a course (ii) Assigned in a TOE or TD position in aviation medicine. for which the basic EOD course is a (m) Diver badges—(1) Badges author- prerequisite. ized. Diver proficiency is recognized by (2) Who may award. Same as in para- the following badges: graph (n) of this section. (i) Master Diver Badge. (p) Glider Badge. The Glider Badge is (ii) First-Class Diver Badge. no longer awarded. An individual who (iii) Salvage Diver Badge. was awarded the badge upon satisfying (iv) Second-Class Diver Badge. then current eligibility requirements (2) Eligibility requirements. An individ- may continue to wear the badge. Eligi- ual must have satisfactorily completed bility for award could be established by prescribed proficiency tests in accord- satisfactory completion of prescribed ance with AR 611–75 while assigned or proficiency tests while assigned or at- attached to an authorized diving and tached to an airborne unit or to the salvage school or to a unit for which Airborne Department of the Infantry the TOE or TD includes diving person- School, or by participation in at least nel. one combat glider landing into enemy- (3) Who may award. The commandant held territory as a member of an orga- of an authorized diving and salvage nized force carrying out an assigned school and commanding officer of a tactical mission for which the unit was regiment, group, or separate battalion credited with an airborne assault land- for which the TOE or TD includes diving by the theater commander. ing personnel. (q) Ranger Tab. (1) The Commandant (n) Explosive Ordnance Disposal Super- of the U.S. Army Infantry School may visor Badge—(1) Eligibility requirements. award the Ranger Tab to any person Any commissioned officer, warrant of- who successfully completed a Ranger ficer, or noncommissioned officer in Course conducted by that school. grade E–6 or higher may be awarded (2) The Adjutant General may award the badge if he meets, or has met, all the Ranger Tab to any person who was the following requirements; awarded the Combat Infantryman (i) Successful completion of basic and Badge while serving as a member of a special weapons disposal courses of in- Ranger Battalion (1st–6th, inclusive) or struction. in the 5307th Composite Unit, Provi- sional (Merrill’s Marauders) or to any (ii) Eighteen months cumulative person who successfully completed a service in a supervisory position in a Ranger course conducted by the Rang- TOE or TD which the above explosive er Training Command. ordnance disposal courses are a prerequisite. § 578.62 Qualification badges and tabs. (iii) Noncommissioned officers must have been rated excellent in character (a) Driver and Mechanic Badge—(1) and efficiency at the time of rec- Purpose. This badge is awarded to de- ommendation for the award. note the attainment of a high degree of (2) Who may award. Commanding gen- skill in the operation and maintenance erals of divisions and higher com- of motor vehicles. Component bars are mands, and commanding officers of authorized only for the following types separate groups or equivalent head- of vehicles and/or qualifications: quarters exercising operational control (i) Driver—W (for wheeled vehicles). of EOD personnel or units. (ii) Driver—T (for tracked vehicles). (o) Explosive Ordnance Disposal Spe- (iii) Driver—M (for motorcycles). cialist Badge—(1) Eligibility requirements. (iv) Driver—A (for amphibious vehi- Any commissioned officer, warrant of- cles). ficer, or enlisted man may be awarded (v) Mechanic (for automotive or al- the badge if he meets, or has met, all lied trade vehicles). the following requirements: (vi) Operator—S (for special mechani- (i) Successful completion of the pre- cal equipment). scribed basic EOD course of instruc- (2) Eligibility requirements for drivers. tion. The individual must have:

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(i) Qualified for and possess a current cate the degree in which an individual, U.S. Government Motor Vehicle Opera- military or civilian, has qualified in a tor’s Identification Card (SF 46), issued prescribed record course and an appro- as prescribed by AR 600–55; and priate bar is furnished to denote each (ii) Performed assigned duty as a weapon with which he qualified. Each driver or assistant driver of Army vehi- bar will be attached to the basic badge cles for a minimum of 12 consecutive which indicates the qualification last months, or during at least 8,000 miles attained with the respective weapon. and has no Army motor vehicle acci- Basic qualification badges are of three dent or traffic violation recorded on his classes: Expert, sharpshooter, and Driver Qualification Record (DA Form marksman. The only weapons for 348); or which component bars are authorized (iii) Performed satisfactorily for a are: minimum period of 1 year as an active qualified driver instructor, or motor Weapon Inscription vehicle driver examiner. Rifle ...... Rifle. (3) Eligibility requirements for mechan- Pistol ...... Pistol. ics. The individual must have: Antiaircraft artil- AA Artillery. lery. (i) Passed aptitude tests and have Automatic rifle Auto rifle. completed the standard mechanics; Machine gun ... Machine gun. course with a ‘‘skilled’’ rating or have Field Artillery ... Field Arty. Tank Weapons Tank Weapons. demonstrated possession of sufficient Flamethrower .. Flamethrower. previous experience as an automotive Submachine Submachine gun. mechanic to justify such a rating; and gun. Rocket Launch- Rocket Launcher. (ii) Been assigned to primary duty as er. an automotive mechanic, second eche- Grenade ...... Grenade. lon or higher, or as an active auto- Carbine ...... Carbine. motive mechanic instructor; and Recoilless rifle Recoilless Rifle. Mortar ...... Mortar. (iii) If required to drive an Army Bayonet ...... Bayonet. motor vehicle in connection with auto- Rifle, small Small bore rifle. motive mechanic or automotive me- bore. Pistol, small Small bore pistol. chanic instructor duties, qualified for bore. motor vehicle operators permit as pre- Missile ...... Missile. scribed above, and performed duty which included driving motor vehicles (c) Who may award—(1) To military for a minimum of 6 consecutive personnel. Any commander in the grade months, and had no Army motor vehi- or position of lieutenant colonel or cle accident or traffic violation re- higher may make awards to members corded on his Driver Qualification of the Armed Forces of the United Record (DA Form 348). States. ROTC camp commanders and (4) Eligibility requirements for operators professors of military science of ROTC of special mechanical equipment. A sol- may make awards to members of the dier or civilian whose primary duty in- ROTC. volves operation of Army materials (2) To civilian personnel. Except to handling or other mechanical equip- uniformed civilian guards, awards to ment must have completed 12 consecu- civilians will be made only by the Di- tive months or 500 hours of operation, rector of Civilian Marksmanship, Head- whichever comes later, without acci- quarters, Department of the Army. The dent or written reprimand as the result authorization for civilian guards to of his operation, and his operating per- wear marksmanship badges may be formance must have been adequate in made by installation commanders. Ci- all respects. vilian guards will procure badges at (5) Who may award. Commanding offi- their own expense. cers of regiments, battle groups, sepa- (d) Revocation of awards—(1) Basic rate battalions, and any commanding qualification badges. An award for pre- officer in the grade of lieutenant colo- vious qualification is revoked auto- nel or higher. matically whenever an individual, upon (b) Basic qualification badges. A basic completion of firing a record course for qualification badge is awarded to indi- which the previous award was made,

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has not attained the same qualifica- two designs of bars: One with inscription. If the bar which is revoked auto- tion ‘‘US Army’’ for award to Army matically is the only one authorized to members; and the other with inscrip- be worn on the respective basic quali- tion ‘‘US,’’ for award to civilians. fication badge, the award of the basic (3) Eligibility requirements. (i) A mem- badge likewise is revoked automati- ber of the Army will be designated as a cally. An award once revoked will not Distinguished Rifleman or Distin- be reinstated. guished Pistol Shot when he has earned (2) Driver and Mechanic Badge. An three credits toward the distinguished award of this badge will be revoked designation, provided that at least one only by a commander authorized to credit was earned by having been award the badge and only for any of awarded the Excellence in Competition the following reasons: Badge for achievement in the National (i) Motor vehicle driver and operator of matches or in the All-Army Champion- special mechanical equipment. (a) In the ships. event of a moving traffic violation in (ii) A civilian will be designated by which life or property was endangered, the Army as a Distinguished Rifleman or an accident which involved either or Distinguished Pistol Shot when for property damage or personal injury the third time he has qualified for wherein the awardee was at fault. award of the Excellence in Competition (b) If the event of damage to the vehi- Badge, provided that at least one of cle for which the awardee is responsible these awards was won in the National due to lack of preventive maintenance. matches or for having placed among (c) In the event of an unsatisfactory the upper 50 percent of individuals de- rating of the awardee as a driver. termined to be entitled to such awards (ii) Motor Mechanic. (a) In the event in either a major command competi- of failure of awardee to perform his as- tion or National Rifle Association Re- signed duties as a mechanic in an ex- gional Championship match. Badges cellent manner. awarded prior to 1948 will be considered (b) In the event of damage to vehicle toward achievement of the distin- or shop equipment as a result of care- guished designation under the rules of less or inefficient performance of duty the match in which won. A credit by the awardee. granted by the National Board for the (c) In the event of unsatisfactory Promotion of Rifle Practice under shop performance by the awardee. rules in effect for matches prior to 1948 (3) Miscellaneous. An award of a dis- will be considered toward the award of tinguished designation badge or the Excellence in Competition Badge will this badge the same as though an Ex- be revoked only by the Commanding cellence in Competition had been General, United States Continental awarded. Army Command, or by The Adjutant (iii) The year in which a person first General and only when an award has became eligible for designation by the been made through error or as the re- Army as a Distinguished Rifleman or sult of fraud. Distinguished Pistol Shot is the year (e) Distinguished designation badges— in which he is regarded as having at- (1) Purpose. A Distinguished Rifleman tained the distinguished designation Badge or a Distinguished Pistol Shot and for which he will be so designated. Badge is awarded to a member of the (iv) In computing credits toward dis- Army or to a civilian in recognition of tinguished designation only one credit a preeminent degree of achievement in per calendar year in any one individual target practice firing with the standard or team match will be allowed. military service rifle or pistol. Winners (4) Who may award—(i) To Army per- of distinguished designation badges sonnel. Commanding General, United will not part with them without au- States Continental Army Command thority of the Secretary of the Army Copies of letters of authorization will and will hold them subject to inspec- be forwarded to The Adjutant General tion at any time. ATTN: AGPF, for record purposes. (2) Types of badges. Each badge con- (ii) To all others. The Adjutant Gen- sists of a bar and pendant. There are eral.

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(5) Engraving. The name of the recipi- one badge of each type. Credits will be ent and the year of attainment will be given in lieu of additional awards of engraved on the reverse of the metal the same badge. pendant. (ii) Individuals who have either (f) Excellence in Competition Badge—(1) qualified for or attained the distin- Purpose. Excellence in Competition guished designation are ineligible for Badges are awarded to individuals in further awards of this badge. Any such recognition of an eminent degree of individual who fraudulently accepts an achievement in target practice firing additional award of the Excellence in with the standard military service rifle Competition Badge when he is aware of or pistol. his eligibility for distinguished des- (2) Types of badges. Types of badges ignation, or has been designated as a and criteria for award are under revi- Distinguished Rifleman or Distin- sion. When finalized, they will be pub- guished Pistol Shot will be subject to lished in a change to this section. revocation of the award. (3) Eligibility requirements. The num- (5) Who may award—(i) To Army per- ber of badges which will be awarded in sonnel in active service. Commanding recognition of achievement in the Na- General, United States Continental tional Matches, the All-Army Cham- Army Command. Copies of letters of pionships, Major Command Competi- authorization will be forwarded to The tions, or in National Rifle Association Adjutant General, ATTN: AGPF, for Regional Championships will depend record purposes. primarily upon the number of ‘‘non- (ii) To all others. The Adjutant Gen- distinguished’’ participants in the eral, upon recommendation of the match. In all competitions except Commanding General, United States those included in the National Matches Continental Army Command, or the the badge will be awarded only for ex- National Board for the Promotion of cellence in individual competition. In Rifle Practice, as appropriate. the National Matches the badge may be (g) President’s Hundred Tab. A Presi- awarded for achievement in both indi- dent’s Hundred Tab is awarded to each vidual and team competition. The con- person who qualified among the top 100 ditions governing eligibility for award successful contestants in the Presi- of the badge in the National Matches dent’s Match held annually at the Na- are prescribed by the National Board tional Rifle Matches. for the Promotion of Rifle Practice in joint regulations entitled ‘‘Rules and PART 581—PERSONNEL REVIEW Regulations for National Matches’’. BOARD Comparable badges will be awarded to civilians by the Director of Civilian Sec. Marksmanship in accordance with reg- 581.1 Army Disability Review Board. ulations prescribed by the National 581.2 Army Discharge Review Board. Board for the Promotion of Rifle Prac- 581.3 Army Board for Correction of Military tice. A badge for excellence in competi- Records. tion in a match conducted subsequent AUTHORITY: 10 U.S.C. 1552, 1553, 1554, 3012; 38 to 1947 will be awarded only to a person U.S.C. 3103a. whose score in authorized competition constitutes a credit toward a distin- § 581.1 Army Disability Review Board. guished designation badge. The deter- (a) General provisions—(1) Constitution, mination as to whether a badge for ex- purpose, and jurisdiction of review board. cellence in competition which has been (i) The Army Disability Review Board awarded for achievement in a match (called the review board in this sec- conducted prior to 1948 may be consid- tion) is an administrative agency cre- ered toward the award of a distin- ated within the Department of the guished designation badge will be in Army under authority of section 302, accordance with Army Regulations in title I, Act of June 22, 1944 (58 Stat. effect at the time such match was con- 284), as amended by section 4, Act of ducted. December 28, 1945 (59 Stat. 623), to re- (4) Limit on award. (i) In no case will view, at the request of any officer rean individual be awarded more than tired or released from active service,

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without pay, for physical disability (iv) In carrying out its duties under pursuant to the decision of a retiring this memorandum such review board board or disposition board, the findings shall have the same powers as exer- and decisions of such board. The review cised by, or vested in, the board whose board is charged with the duty, in findings and decisions are being re- cases within its jurisdiction, of viewed. ascertaining whether an applicant for (2) Application for review. (i) Any offi- review who was separated from the cer desiring a review of his case will service or released to inactive service, make a written application therefor on without pay, for physical disability, in- WD AGO Form 0258 (Application for curred such physical disability in line Review of Army Retiring Board Pro- of duty or as an incident of the service. ceedings) which may be obtained from When the review board determines in The Adjutant General, Washington, DC an individual case within its jurisdic- 20310, Attention: AGPO–S–D. tion that physical disability was so in- (ii) No application for review will be curred, it is authorized in the manner granted unless received by the Depart- prescribed by this memorandum, to re- ment of the Army within 15 years after verse prior findings in such regard and the date on which such officer was sep- to make such findings in lieu thereof as arated from the service or released to are warranted by the evidence or perti- inactive service, without pay, for phys- nent regulations. Such remedial action ical disability, or within 15 years after is intended primarily to insure that no June 22, 1944, whichever date is the officer separated from the service or later. returned to an inactive status without (iii) The Adjutant General, upon re- pay, for disability, shall be deprived ceipt of an application for review, will unjustly of retirement pay benefits, or note thereon the time of receipt there- retired status and retired pay, as the of and will, in cases where the jurisdic- case may be, by reason of erroneous tion for review by the review board is findings. established, assemble the originals or (ii) The class of officers whose cases are reviewable shall include officers of certified copies of all available Depart- the Army of the United States, other ment of the Army and/or other record than officers of the Regular Army, who pertaining to the health and physical were discharged or released to inactive condition of the applicant, including service under the conditions prescribed the record of the proceedings and find- in paragraph (a)(1)(i) of this section; ings of all retiring and disposition and former officers of the Regular boards in question and the records of Army who were wholly retired under all administration and/or executive ac- section 1252, Revised Statutes. tion taken thereon. Such records, to- (iii) The review board is authorized, gether with the application and any upon timely application therefor, to re- supporting documents submitted there- view the proceedings and findings of with, will be transmitted to the presi- boards referred to in paragraph (a)(1)(i) dent of the review board. of this section; and to receive addi- (3) Changes in procedure of review tional evidence bearing on the causes board. The review board may initiate and service-connection of disabilities recommendation for such changes in in the cases of officers referred to in procedures as established herein as paragraph (a)(1)(ii) of this section, may be deemed necessary for the prop- whose cases were the subject of find- er functioning of the review board. ings by a retiring or disposition board, Such changes will be subject to the ap- and who were separated from the serv- proval of the Secretary of the Army. ice or released to inactive service, (b) Proceedings of review board—(1) without pay, by reason of physical dis- Convening of review board. (i) The re- ability, whether denial of retirement or view board will be convened at the call retirement pay benefits, as the case of its president and will recess or ad- may be, was pursuant to the adverse journ at his order. In the event of the findings of a board, or was pursuant to absence or incapacity of the president, administrative action in a case where the next senior member will serve as there was favorable action by a board. acting president for all purposes.

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(ii) Unless otherwise directed by its writing, waives his right to appear, president, the review board will con- thereby waives such right. vene in Washington, DC, at the time (iv) In the conduct of its inquiries, and place indicated by him. the review board shall not be limited (iii) The review board will assemble by the restrictions of common law in open session for the consideration rules of evidence. and determination of cases presented (v) In the case wherein it is advisable to it. After the conclusion of such hear- and practicable, the review board may, ing, the review board will as soon as at the request of the examiner, or upon practicable thereafter convene in its own motion, request The Surgeon closed session for determination. General to detail one or more medical (2) Hearings. (i) An applicant for re- officers to make physical examination view, upon request, is entitled by law of the applicant, if available, and re- to appear before the review board in port their findings resulting from such open session either in person or by examination with respect to the mat- counsel of his own selection. Witnesses ters at issue, either in person or by af- shall be permitted to present testi- fidavit. When testifying in person at a mony either in person or by affidavit. hearing, such medical witnesses will be As used in the regulations in this part subject to cross-examination. Simi- the term ‘‘counsel’’ shall be construed larly the medical members of the board to include members of the Federal bar, may examine the applicant, if avail- the bar of any state, accredited rep- able, and testify as witnesses concern- resentatives of veterans’ organizations ing the results of such examination. recognized by the Veterans’ Adminis- (vi) Expenses incurred by the appli- tration under section 200 of the Act of cant, his witnesses, or in the procure- June 29, 1936 (49 Stat. 2031), and such ment of their testimony, whether in other persons who, in the opinion of person, by affidavit or by deposition the review board, are considered to be will not be paid by the Government. competent to present equitably and (3) Continuances. The review board comprehensively the claim of the ap- may continue a hearing on its own mo- plicant for review. In no case will the tion. A request for continuance by the expenses or compensation of counsel examiner or by or on behalf of the ap- for the applicant be paid by the Gov- plicant may be granted, if in the ernment. board’s discretion, a continuance ap- (ii) In every case in which a hearing pears necessary to insure a full and fair is authorized, the secretary will trans- hearing. mit to the applicant and to designated (c) Findings, conclusions, and direc- counsel for the applicant, if any, a tions—(1) Findings, conclusions, and di- written notice by registered mail stat- rections of review board. (i) The review ing the time and place of hearing. Such board will make written findings in notice shall be mailed at least 30 days closed session in each case. Such find- in advance of the date on which the ings will include: case is set for hearing except in cases (a) Statement of complete findings of in which the applicant waives the right the retiring or disposition board and of of personal appearance and/or represen- administrative action subsequent tation by counsel. Such notice shall thereto in the proceedings under re- constitute compliance with the review; quirement of notice to applicant and (b) A finding affirming or reversing his counsel. The record shall contain the findings of such retiring or disposi- the certificate of the secretary that tion board or such administrative ac- written notice was given applicant and tion, specifying which of the findings his counsel, if any, and the time and or administrative actions are affirmed manner thereof. and which are reversed. (iii) An applicant who requests a (ii) In the event the review board rehearing and who, after being duly noti- verses any of such original findings or fied of the time and place of hearing, administrative actions, the review fails to appear at the appointed time, board will then make complete find- either in person or by counsel, or, in ings which shall include the affirmed

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findings of the original board or of ad- dissenting members of the review ministrative action subsequent there- board; and all other papers and docu- to. Such complete findings shall in- ments necessary to reflect a true and clude the following: complete history of the proceedings. (a) Whether the applicant was perma- The record so prepared will be signed nently incapacitated for active service by the president of the review board at the time of his separation from the and authenticated by its secretary as service or release to inactive service. being true and complete. In the event (b) The cause or causes of the inca- of the absence or incapacity of the sec- pacity. retary, the record may be authenti- (c) The approximate date of origin of cated by a second participating mem- each incapacitating defect. ber of the review board. (d) The date officer became incapaci- (ii) All records of proceedings of the tated for active service. review board shall be confidential, ex- (e) Whether the cause or causes of the cept that upon written request from incapacity was or was not an incident the applicant, his guardian or legal of service. representative, The Adjutant General (f) Whether the cause or causes of the will furnish a copy of the proceedings incapacity had been permanently ag- of the review board, less any exhibits gravated by military service. which it may be found impracticable to (g) Whether such incapacity for ac- reproduce out which will include: tive service was or was not the result (a) A copy of the order appointing the of an incident of service. board. (h) Whether the officer’s incapacity (b) The findings of the Army retiring was or was not incurred in combat with board affirmed. an enemy of the United States or (c) The findings of the Army retiring whether it did or did not result from an board reversed. explosion of an instrumentality of war (d) The findings of the review board. in line of duty. (e) The conclusions which were made (iii) In the event the review board by the review board. finds the officer permanently incapaci- (f) The directions of the Secretary of tated for active service and that the in- the Army. capacity was an incident of service, it If it should appear that furnishing such will make an additional finding speci- information would prove injurious to fying the grade in which the officer is the physical or mental health of the entitled to be retired or to be certified applicant, such information will be fur- for retirement pay benefits. nished only to the guardian or legal (iv) The findings, conclusions, and di- representative of the applicant. The rections of a majority of the review Adjutant General, subject to the fore- board shall constitute the findings, going restrictions, will make available conclusions, and directions of the re- for inspection, upon request of the ap- view board, and when made, will be plicant, his guardian or legal rep- signed by each member of the review resentative, a record of the proceedings board who concurs therein, filed, and of any case reviewed by the review authenticated by the secretary. board, but copies of the proceedings of (d) Disposition of and action upon pro- any case heard prior to January 4, 1946, ceedings—(1) Record of proceedings. (i) will not be furnished if such copies are When the review board has concluded not readily available. its proceedings in any case, the sec- (2) Final action by review board. When retary will prepare a complete record the review board has completed the thereof. Such record shall include the proceedings and has arrived at its deci- application for review; a transcript of sion, the proceedings, together with the hearing if any; affidavits, papers the review board’s decision, will be and documents considered by the re- transmitted to The Adjutant General view board; all briefs and written argu- for appropriate Department of the ments filed in the case; the report of Army action. The Adjutant General, in the examiner; the findings, conclu- the name of the President of the Unit- sions, and directions of the review ed States, will indicate on the record of board; any minority report prepared by such proceedings and decision the

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President’s approval or disapproval of guidance on legal matters relating to the action of the review board, and will ADRB functions. perform such administerial acts as may (2) Medical consultant of the ADRB. An be necessary and thereafter will notify officer of the Army Medical Corps as- the applicant and/or his counsel of the signed to the ADRB to provide opinions action taken. Written notice, specify- and guidance on medical matters relating the action taken and the date ing to ADRB functions. thereof, will be transmitted by The Ad- (3) Video tape hearing. A hearing con- jutant General to the president of the ducted by an ADRB hearing examiner review board to be filed by the sec- at which an applicant is given the retary as a part of the records of the opportuntiy to present his/her appeal board pertaining to each case. to the hearing examiner, with the en- (e) Rehearings—(1) Policy on the grant- tire presentation, including cross-ex- ing of rehearings. After the review board amination by the hearing examiner, re- has reviewed a case and its findings corded on video tape. This video tape and decision have been approved, the presentation is later displayed to a full case will normally not be reconsidered ADRB panel. Video tape hearings will except on the basis of new, pertinent, be conducted only with the consent of and material evidence, which if pre- the applicant and with the concurrence viously considered could reasonably be of the President of the ADRB. expected to have caused findings and a (c) Composition and responsibilities—(1) decision other than those rendered as Authority. The ADRB is established the result of the original review. An under Pub. L. 95–126 and 10 U.S.C. 1553 application for rehearing must be made and is responsible for the implementa- within a reasonable time after the dis- tion of the Discharge Review Board covery of the new evidence, mentioned (DRB) procedures and standards within in this subparagraph, and the request DA. for rehearing must be accompanied by (2) The ADRB president. The president such new evidence and by a showing is designated by the Secretary of the that the applicant was duly diligent in Army (SA). The President— attempting to secure all available evi- (i) Is responsible for the operation of dence for presentation to the review the ADRB. board when his case was previously re- (ii) Prescribes the operating proce- viewed and that the reason for the dures of the ADRB. delay in discovering such new evidence (iii) Designates officers to sit on pan- was not due to fault or neglect on the els. part of the applicant. (iv) Schedules panels to hear dis- (2) Application for rehearing. Any offi- charge review appeals. cer desiring a rehearing of his case will (v) Monitors the DOD directed re- make a written application therefor on sponsibilities of the SA on service dis- WD AGO Form 0413 (Application for charge review matters for the DOD. Review of Findings of the Army Dis- (3) ADRB panels and members. The ability Review Board) which may be ADRB will have one or more panels. obtained from The Adjutant General, Each panel, when in deliberation, will Washington, DC 20310, Attention: consist of five officers. The senior offi- AGPO–S–D. cer (or as designated by the president [13 FR 6805, Nov. 19, 1948, as amended at 19 ADRB) will act as the presiding officer. FR 6706, Oct. 19, 1954] (4) Secretary Recorder (SR) Branch. The Chief, SR— § 581.2 Army Discharge Review Board. (i) Ensures the efficient overall oper- (a) Purpose. This regulation imple- ation and support of the ADRB panels. ments 10 U.S.C. 1553, Pub. L. 95–126, and (ii) Authenticates the case report and DOD Directive 1332.28 (app. A). directives of cases heard. (b) Explanation of terms—(1) Legal con- (5) Secretary Recorder. The SR is an sultant of the Army Discharge Review officer assigned to the SR Branch Board (ADRB). An officer of The Judge whose duties are to— Advocate General’s Corps assigned to (i) Schedule, coordinate, and arrange the ADRB to provide opinions and for panel hearings at a designated site.

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(ii) Administer oaths to applicants § 581.3 Army Board for Correction of and witnesses under Article 136 UCMJ. Military Records. (iii) Ensure that the proceedings of (a) Purpose. This section establishes the cases heard and recorded into the procedures for making application, and case report and directive of cases. the consideration of applications, for (6) Administrative Specialist. An Ad- the corrections of military records by ministrative Specialist is an enlisted the Secretary of the Army acting member assigned to the SR Branch through the Army Board for Correction whose duties are to— of Military Records (hereinafter re- (i) Assist the SR in arranging panel ferred to as the Board). hearings. (b) Establishment, functions, and juris- (ii) Operate and maintain video and diction of the Board—(1) Establishment voice recording equipment. and composition. (i) Pursuant to 10 (iii) Aid the SR in the administrative U.S.C. 1552, the Army Board for Correc- operations of the panels. tion of Military Records is established (7) Administrative personnel. Such ad- in the Office of the Secretary of the ministrative personnel as are required Army. for the proper functions of the ADRB (ii) The Board will consist of civilian and its panels will be furnished by the officers or employees of the Depart- SA. ment of the Army in such number, not (d) Special standards. (1) Under the less than three, as may be appointed by November 27, 1979, order of the United the Secretary of the Army. Three States District Court for the District members present will constitute a of Columbia in ‘‘Giles v. Secretary of quorum of the Board. The Secretary of the Army’’ (Civil Action No. 77–0904), a the Army will designate one member as former Army service member is enti- the Chairman. In the event of absence tled to an honorable discharge if a less or incapacity of the Chairman, an Act- than honorable discharge was issued to ing Chairman chosen by the Board will the service member who was dis- act as Chairman for all purposes. charged before 1 January 1975 as a re- (2) Function. The function of the sult of an administrative proceeding in Board is to consider all applications which the Army introduced evidence properly before it for the purpose of de- developed by or as a direct or indirect termining the existence of an error or result of compelled urinalysis testing an injustice. administered for the purpose of identi- (3) Jurisdiction. The Board will have fying drug abusers (either for the pur- jurisdiction to review and determine pose of entry into a treatment program all matters properly brought before it or to monitor progress through reha- consistent with existing law. bilitation or follow up). (c) Application for correction—(1) Gen- (2) Applicants who believe they fall eral requirements. (i) The application for within the scope of paragraph (d)(1) of correction should be submitted on DD this section should place the work Form 149 (Application for Correction of CATEGORY ‘‘G’’ in block 7, DD Form Military or Naval Record) and should 293, (Application for Review of Dis- be addressed to Army Board for Correc- charge or Dismissal from the Armed tion of Military Records, Department Forces of the United States). Such ap- of the Army, Washington, DC 20310. plications will be reviewed expedi- Forms and explanatory matter may be tiously by a designated official who obtained from The Adjutant General, will either send the individual an hon- Washington, DC 20310. For those appli- orable discharge certificate if the indi- cants in the military service, these vidual falls within the scope of para- forms may be obtained through normal graph (d)(1) of this section or forward AG publications supply channels. the application to the ADRB if the in- (ii) Except as provided in paragraph dividual does not fall within the scope (c)(1)(iii) of this section, the applica- of paragraph (d)(1) of this section. The tion shall be signed by the person re- action of the designated official will questing corrective action with respect not constitute an action or decision by to his record and will either be sworn the ADRB. to or will contain a provision to the ef- [50 FR 33035, Aug. 16, 1985] fect that the statements submitted in

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the application are made with full effective administrative remedies knowledge of the penalty provided by available to him, or for the reason the law for making a false statement or applicant did not file the application claim (18 U.S.C. 287, 1001). within 3 years after he discovered the (iii) When the record in question is alleged error or injustice and did not that of a person who is incapable of submit any reason why the Board making application himself, or whose should find it to be in the interest of whereabouts are unknown, or when justice to excuse the failure to file the such person is deceased, for the purpose application within the prescribed 3 of bringing the matter before the Board years. the application may be made by a (ii) The Board may deny an applica- spouse, parent, heir, or legal represent- tion if it determines that insufficient ative. Proof of proper interest shall be relevant evidence has been presented to submitted as may be required by the demonstrate the existence of probable Board. material error or injustice. The Board (2) Time limit for filing application. A will not deny an application on the sole claimant, his heir, or legal representa- ground that the record was made by or tive must file the application for cor- at the direction of the President or the rection of a record within 3 years after Secretary in connection with proceed- discovery of the alleged error or injus- ings other than proceedings of a Board tice. Failure to file within the time for the correction of military or naval prescribed may be excused by the records. Denial of an application on the Board if it finds it would be in the in- grounds of insufficient relevant evi- terest of justice to do so. If the claim- dence to demonstrate the existence of ant, his heir, or legal representative probable material error or injustice is files an application more than 3 years without prejudice to further consider- after he discovers the error or injus- ation in the event new relevant evi- tice, he must include in his application dence is submitted. The applicant will his reasons why the Board should find be informed of his privilege to submit it is in the interest of justice to excuse newly discovered relevant evidence for the failure to file application within consideration. the time prescribed in this subpara- (iii) All requests for further consider- graph. ation may be initially screened by the (3) Exhaustion of other remedies. No staff of the Board to determine wheth- application will be considered until the er any evidence or other matter (in- applicant has exhausted all effective cluding, but not limited to, any factual administrative remedies afforded him allegations or any arguments why the by existing law or regulations, and relief should be granted) has been sub- such legal remedies as the Board shall mitted by the applicant that was not in determine are practical and appro- the record at the time of any prior priately available to the applicant. Board consideration. If such evidence (4) Other proceedings not stayed. The or other matter has been submitted, application to the Board for correction the request will be forwarded to the of a record will not operate as a stay of Board for a determination in accord- any proceedings being taken with re- ance with this paragraph. If no such spect to the person involved. evidence or other matter has been sub- (5) Consideration of application. (i) mitted, the applicant will be informed Each application and the available that his/her request was not considered military or naval records pertinent to by the Board because it did not contain the corrective action requested will be any evidence or other matter that was reviewed to determine whether to au- not in the record at the time of any thorize a hearing, recommend that the previous Board consideration. records be corrected without a hearing, (iv) When an original application or a or to deny the application without a request for further consideration of a hearing. The Board will make this de- previously denied application is denied termination in all cases except those in without a hearing, the Board’s deter- which the application has been denied mination shall be made in writing and administratively for reason that the include a brief statement of the applicant has not exhausted all other grounds for denial.

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(v) The brief statement of the the hearing, will be considered in ac- grounds for denial shall include the cordance with paragraph (e)(2)(ii) of reasons for the determination that re- this section. lief should not be granted, including (3) Counsel. As used in this section, the applicant’s claims of constitu- the term ‘‘counsel’’ will be construed tional, statutory and/or regulatory vio- to include members in good standing of lations rejected, together with all es- the Federal bar or the bar of any State, sential facts upon which the denial is accredited representatives of veterans’ based, including, if applicable, factors organizations recognized by the Ad- required by regulation to be considered ministrator of Veterans’ Affairs under for determination of the character of section 3402 of title 38, United States and reasons for a discharge. Attached Code, and such other persons who, in to the statement shall be any advisory the opinion of the Board, are consid- staff opinions considered by the Board ered to be competent to present equi- not fully set forth in the statement and tably and comprehensively the request any minority opinions. Counsel and ap- of the applicant for correction, unless plicant will be informed that the name barred by law. and final vote of Board members will (4) Witnesses. The applicant will be be furnished or made available upon re- permitted to present witnesses in his quest. behalf at hearings before the Board. It (vi) The brief statement of the will be the responsibility of the appli- grounds for denial, together with all cant to notify his witnesses and to ar- attachments, shall be furnished range for their appearance at the time promptly to applicant and counsel. and place set for hearing. Classified or privileged material con- (5) Access to records. (i) The applicant tained in or attached to the statement will be assured access to all official of grounds for denial may be deleted records that are necessary to an ade- only if a written statement of the basis quate presentation of his case consist- for the deletion is provided the appli- ent with regulations governing privi- cant and counsel. leged or classified material. It is the (d) Entitlement to hearing—(1) General. In each case in which the Board deter- responsibility of the applicant to pro- mines that a hearing is warranted, the cure such evidence not contained in the applicant will be entitled to appear be- official records of the Department of fore the Board either in person or by the Army as he desires to present in counsel of his own selection or in per- support of his case. son with counsel. (ii) The Board shall not release clas- (2) Notice. (i) In each case in which a sified material to the applicant or to hearing is authorized, the Board will his counsel or personal representative. transmit to the applicant and counsel, In such cases the Board shall take if any, a written notice stating the steps in accordance with established time and place of hearing. The notice regulations to obtain a review of the will be mailed to the applicant and material to determine whether declas- counsel, if any, at least 30 days prior to sification is possible so that the evi- the date of hearing, except that an ear- dence can be released to the applicant; lier date may be set where the appli- or if declassification is not possible, cant waives his right to such notice in prepare or cause to be prepared a sum- writing. mary of the content of such material in (ii) Upon receipt of notice of hearing, sufficient detail, consistent with the the applicant will notify the Board in interests of national security, to en- writing at least 15 days prior to the able the applicant to prepare a re- date set for hearing as to whether he sponse. will be present at the hearing and will (iii) This section does not authorize indicate to the Board the name of the furnishing of copies of official rec- counsel, if represented by counsel, and ords by the Board. Requests for copies the names of such witnesses as he may of official records should be processed intend to call in his behalf. Cases in in accordance with AR 345–20. which the applicant notifies the Board (e) Hearing—(1) Convening of Board. that he does not desire to be present at The Board will be convened at the call

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of the Chairman and will recess or ad- Board may require the applicant to ob- journ at his order. tain, or the Board may obtain, such (2) Conduct of hearing. (i) The hearing further information as it may consider will be conducted by the Chairman, and essential to a complete and impartial will be subject to his rulings so as to determination of the facts and issues. insure a full and fair hearing. The (c) Following a hearing, the Board Board will not be limited by legal rules will make written findings, conclu- of evidence but will maintain reason- sions, and recommendations. The name able bounds of competency, relevancy, and final vote of each Board member and materiality. will be recorded. A majority vote of the (ii) If the applicant, after being duly members present on any matter before notified, has indicated to the Board the Board will constitute the action of that he does not desire to be present or the Board and will be so recorded. to be represented by counsel at the (d) Where the Board deems it nec- hearing, the Board will consider the essary to submit comments or rec- case on the basis of all the material be- ommendations to the Secretary of the fore it, including, but not limited to, Army as to matters arising from but the application for correction filed by not directly related to, the issues of the applicant, any documentary evi- any case, such comments or rec- dence filed in support of such applica- ommendations will be the subject of tion, any brief submitted by or in be- separate communication. half of the applicant, and all available (ii) Minority report. In case of a dis- pertinent records. agreement between members of the (iii) If the applicant, after being duly Board a minority report may be sub- notified has indicated to the Board mitted, either as to the findings, con- that he will be present or be rep- clusions, or the recommendations or to resented by counsel at the hearing, and all, including the reasons therefor. without good cause and timely notice (iii) Record of proceedings. When the to the Board, he or his representative Board has completed its proceedings, a fails to appear at the time and place record thereof will be prepared. Such set for the hearing, the Board may con- record will indicate whether or not a sider the case in accordance with para- quorum was present at the hearing and graph (e)(2)(ii) of this section, or will at the Board’s deliberations. The make such other disposition of the case record will include the application for as is indicated under the cir- relief, a transcript of any testimony, cumstances. affidavits, papers, and documents con- (iv) All testimony before the Board sidered by the Board, briefs and writ- will be given under oath or affirmation. ten arguments filed in the case, the The proceedings of the Board and the findings, conclusions and recommenda- testimony given before it will be re- tions of the Board, and all other pa- corded verbatim. pers, documents, and reports necessary (3) Continuance. The Board may con- to reflect a true and complete history tinue a hearing on its own motion. A of the proceedings. The record so pre- request for continuance by or in behalf pared will be certified by the Chairman of the applicant may be granted by the or his designee as being true and com- Board if a continuance appears nec- plete. essary to insure a full and fair hearing. (iv) Withdrawal. The Board may per- (f) Action on applications—(1) Action mit an applicant to withdraw his appli- by the Board—(i) Deliberations, findings, cation without prejudice at any time conclusions, and recommendations. (a) before its proceedings are forwarded to Only members of the Board and its the Secretary of the Army. staff will be present during the delib- (2) Action by Secretary of Army. The erations of the Board. record of proceedings of the Board, ex- (b) Whenever, during the course of its cept in cases finalized by the Board review of the case, it appears to the under authority delegated in paragraph Board’s satisfaction that the facts have (f)(1)(v) of this section or those denied not been fully and fairly disclosed by the Board without a hearing, will be the records or by the testimony and forwarded to the Secretary of the other evidence before the Board, the Army who will direct such action in

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each case as he determines to be appro- (iv) Written notice specifying the ac- priate, which may include the return of tion taken and the date thereof will be the record to the Board for further con- transmitted to the Chairman of the sideration when deemed necessary. If Board. the Secretary’s decision is to deny re- (v) The record of the decision of the lief, such decision shall be in writing Secretary of the Army will not be filed and, unless he expressly adopts in in the military records of the subject of whole or in part the findings, conclu- the application where the effect of such sions and recommendation of the action would be to nullify the relief Board, shall include a brief statement granted. of the grounds for denial. See para- (vi) After action by the Secretary of graph (c)(5)(v) of this section. the Army on the record, the applicant (3) Staff action. (i) Upon final action or his counsel is entitled, upon request, by the Secretary of the Army the com- to inspect the record of proceedings plete record in each case will be re- and to receive a copy of the Board’s turned to the Board. The Board will findings, conclusions, and rec- transmit the decision of the Secretary ommendations, unless the Chairman of the Army to The Adjutant General considers that granting the request for appropriate action. would be detrimental to the public in- (ii) Upon receipt of the record of pro- terest. ceedings after final action by the Sec- (4) Reconsideration. After final adju- retary of the Army, or by the Board dication, further consideration will be acting under the authority contained granted only upon presentation by the in paragraph (f)(1)(v) of this section, applicant of newly discovered relevant the Board will communicate the deci- evidence not previously considered by sion to the applicant and counsel. the Board and then only upon rec- (a) If the recommendation of the ommendation of the Board and ap- Board was to deny relief or if the final proval by the Secretary of the Army. decision of the Secretary or the Board was to deny relief, the following mate- (g) Settlement of claims—(1) Authority. rial will be made available to the appli- (i) The Department of the Army is au- cant and counsel: thorized to pay claims in accordance (1) A statement of the findings, con- with section 1552, title 10, United clusions and recommendations made by States Code. the Board; (ii) The Department of the Army is (2) Any advisory staff opinions con- not authorized to pay any claim there- sidered by the Board or the reviewing tofore compensated by Congress authority; through enactment of a private law, or (3) The name and final vote of each to pay any amount as compensation for Board member; any benefit to which the claimant (4) Any minority reports; and might subsequently become entitled (5) Any material prepared by the Sec- under the laws and regulations admin- retary of the Army as required in para- istered by the Administrator of Veter- graph (f)(2) of this section. To the ex- ans Affairs. tent that any of the above material (2) Application for settlement. (i) Set- consists of classified or otherwise priv- tlement and payment of claims will be ileged matters, deletions may be made made only upon a claim of the person only if a written statement of the basis whose record has been corrected or of therefore is provided the applicant and his legal representative, his heirs at counsel. law or his beneficiaries. Such claim for (b) If the final decision was other settlement and payment may be filed than to deny relief, the applicant and as a separate part of the application for counsel are entitled, upon request, to correction of the record. receive a copy of the Board’s findings, (ii) In case the person whose record conclusions and recommendations. has been corrected is deceased, and (iii) When all necessary administra- where no demand is presented by a tive action has been completed the ap- duly appointed legal representative of plicant will be informed of such action the estate, payments otherwise due by The Adjutant General. shall be made to the surviving spouse,

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heir, or beneficiaries, in the order pre- (ii) The Board is authorized to call scribed by the law applicable to that upon the Office of the Secretary of the kind of payment; or if there is no such Army and the Department of the Army law covering order of payment, in the General and Special Staffs for inves- order set forth in section 2771 of title tigative and advisory services and upon 10, United States Code; or as otherwise any other Department of the Army prescribed by the law applicable to agency for assistance, within the spe- that kind of payment. cialized jurisdiction of that agency. (iii) Upon request, the applicant or (2) Expenses. No expenses of any na- applicants will be required to furnish ture whatsoever, voluntarily incurred requisite information to determine by the applicant, his counsel, his wit- their status as proper parties to the nesses, or by any other person in his claim for purposes of payment under behalf will be paid by the Government. applicable provisions of law. (3) Changes in procedures. The Board (3) Settlement. (i) Settlement of may initiate recommendations for such claims shall be based on the decision of changes in procedures as established the Secretary of the Army. Computa- herein as may be considered necessary tion of the amounts due shall be made for the proper functioning of the Board. by the Finance Center, U.S. Army, In- Such changes will be subject to the ap- dianapolis, Ind. 46249. In no case will proval of the Secretary of the Army the amount found due exceed the and of the Secretary of Defense. amount which would otherwise have (4) Index of Cases. Documents sent to been paid or have become due under ap- each applicant and counsel in accord- plicable laws had no error or injustice ance with paragraphs (c)(5)(v) and (f)(3) occurred. Earnings received from civil- of this section, together with the ian employment during any period for record of the votes of board members which active duty pay and allowances and all other statements of findings, conclusions and recommendations are payable will be deducted from the made on final determination of an ap- settlement. To the extent authorized plication by the Board or the Secretary by law and regulations, amounts found of the Army will be indexed and due may be reduced by the amount of promptly made available for public in- any existing indebtedness to the Gov- spection and copying at a reading room ernment, arising from military service. within the Washington, DC metropoli- (ii) Prior to or at the time of pay- tan area. ment, the person or persons to whom (i) The index prepared shall be in a payments are to be made shall be ad- usable and concise form so as to indi- vised by the Finance Center, U.S. cate the grounds for which the Board Army, as to the nature and amount of and/or Secretary granted or denied re- the various benefits represented by the lief. This index shall be published quar- total settlement, and shall be advised terly and shall be distributed by sale or further that acceptance of such settle- otherwise. In addition, it shall be avail- ment shall constitute a complete re- able for inspection and distribution at lease by the claimants involved of any the reading room in the Washington, claim against the United States on ac- DC area. count of the correction of the record. (ii) Deletions. To the extent nec- (4) Report of settlement. In every case essary to prevent a clearly unwar- where payment is made, the amount of ranted invasion of personal privacy, such payment and the names of the identifying details of the applicant and payee or payees will be reported to the other persons will be deleted from the Chairman of the Board. documents made available for public (h) Miscellaneous—(1) Staff assistance. inspection and copying. Names, ad- (i) At the request of the Board, The Ad- dresses, social security numbers and jutant General will assemble the origi- military service numbers must be de- nal or certified copies of all available leted. Deletions of other information military records pertinent to the relief which may result in a clearly unwar- requested. Such records and all sup- ranted invasion of personal privacy or porting papers will be transmitted to which is privileged or classified may be the Board. made only if a written statement of the

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basis for such deletion is made avail- 584.6 Procedures governing nonactive duty able for public inspection. or discharged personnel. (5) Special Standards. (i) Pursuant to 584.7 Basic allowance for quarters. the November 27, 1979 order of the 584.8 Garnishment. 584.9 Involuntary allotments. United States District Court for the District of Columbia in Giles v. Sec- APPENDIX A TO PART 584—REFERENCE retary of the Army (Civil Action No. 77– AUTHORITY: 10 U.S.C. 3012. 0904), a former Army servicemember is SOURCE: 50 FR 52447, Dec. 24, 1985, unless entitled to an honorable discharge if a otherwise noted. less than honorable discharge was issued to the servicemember in an ad- § 584.1 General. ministrative proceeding in which the (a) Purpose. This regulation sets forth Army introduced evidence developed the Department of the Army (DA) pol- by or as a direct or indirect result of icy, responsibilities, and procedures compelled urinalysis testing adminis- on— tered for the purpose of identifying (1) Support and nonsupport of family drug abusers (either for the purposes of members. entry into a treatment program or to (2) Child custody. monitor progress through rehabilita- (3) Paternity claims. tion or follow-up). (4) Adoption proceedings involving (ii) Applicants who believe that they the children of soldiers. fall within the scope of paragraph (b) References. Required and related (h)(5)(i) of this section, should place publications and prescribed and ref- the word Category ‘‘G’’ in block (11), erenced forms are listed in appendix A. DD Form 149, Application for Correc- (c) Explanation of abbreviations and tion of Military or Naval Record. Such terms. Abbreviations and special terms applications shall be reviewed expedi- used in this regulation are explained in tiously by a designated official who the glossary. will either send the individual an hon- (d) Responsibilities. (1) The Deputy orable discharge certificate if the indi- Chief of Staff for Personnel will set vidual falls within the scope of para- policy for processing— graph (h)(5)(i) of this section, or for- (i) Nonsupport complaints. ward the application to the Discharge (ii) Child custody complaints. Review Board if the individual does not (iii) Paternity claims. fall within the scope of paragraph (iv) Requests on adoption proceedings (h)(5)(i) of this section. The action of of children of soldiers. the designated official shall not con- (2) The Commanding General (CG), stitute an action or decision by the U.S. Army Community and Family Board for the Correction of Military Support Center (USACFSC) will— Records. (i) Set procedures for processing the [35 FR 15992, Oct. 10, 1970, as amended at 42 following: FR 17442, Apr. 1, 1977; 45 FR 17990, Mar. 20, (A) Nonsupport complaints. 1980; 46 FR 33518, June 30, 1981] (B) Child custody complaints. (C) Paternity claims. PART 583—FORMER PERSONNEL (D) Requests regarding adoption pro- [RESERVED] ceedings of children of soldiers. (ii) Process nonsupport complaints, PART 584—FAMILY SUPPORT, CHILD child custody complaints, and pater- CUSTODY, AND PATERNITY nity claims received at USACFSC regarding Army soldiers. (iii) Carry out the objectives of this Sec. 584.1 General. regulation to protect the rights of the 584.2 Family support and child custody. soldier, the family, and the interests of 584.3 Paternity claims. the Army. 584.4 Adoption proceedings. (iv) Advise and assist the heads of 584.5 U.S. citizenship determinations on Headquarters, Department of the Army children born out of wedlock in a foreign (HQDA) agencies, commanders of the country. major Army commands, and other

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commanders on matters pertaining Records on Nonsupport/Child Custody/ to— Paternity Complaints). (A) Nonsupport. (v) Answer all correspondence re- (B) Child custody. ceived directly from family members, (C) Paternity. legal assistance attorneys, and others. (D) Adoption proceedings of children Normally, replies will not include in- of soldiers. formation obtained from a system of (3) Officers having general court-mar- records without the soldier’s written tial jurisdiction will give special em- consent. (See § 584.1(f).) Commanders phasis to the support of family mem- may coordinate responses with the bers in command information pro- Staff Judge Advocate (SJA). Also, the grams. This includes informing soldiers commander will ask the SJA for guid- of Army policy and of their responsibil- ance in unusual or difficult situations. ity to provide adequate support for all (vi) Inform the first level field grade family members and to comply with all commander of all instances of the sol- court orders. dier’s repeated failure to meet the re- (4) First level field grade command- quirements of this regulation or to ers will monitor all instances of sol- comply with court orders. Also, point diers’ repeated failure to meet the re- out actions taken or contemplated to quirements of this regulation that are correct instances of nonsupport of fam- brought to their attention. They will ily members or continuing violations take action, when proper. of court orders. (5) Immediate commanders will— (vii) Refer correspondence or queries (i) Ensure that soldiers are informed received from news media organiza- of the DA policy on support of family tions to the unit, installation, or com- members and that they comply with mand public affairs officer for re- court orders. They will also inform sol- sponse. diers of the possible consequences of (viii) Take appropriate action failing to fulfill financial obligations. against soldiers who fail to comply This information will be included dur- with this regulation. These actions in- ing inprocessing and outprocessing clude, but are not limited to, the ac- briefings, particularly during process- tions in § 584.1(d)(5)(viii) (A) through ing for mobilization and oversea move- (E). Failure to comply with the mini- ment. mum support requirements (§ 584.2(d)) (ii) Process nonsupport complaints, or the child custody provisions child custody complaints, and pater- (§ 584.2(e)) of this regulation may be nity claims per this regulation. charged as violations of article 92, (iii) Counsel soldiers when com- UCMJ. Article 132, UCMJ, prohibits the plaints and claim are received. If the making of false claims. Article 133, soldier is suspected of criminal con- UCMJ, covers conduct unbecoming an duct, self-incrimination protections officer. Article 134, UCMJ, concerns (article 31, Uniform Code of Military dishonorable failure to pay debts and Justice (UCMJ) and rights advisement) conduct of a nature to bring discredit must be provided. (See § 584.2(g)(4).) upon the Armed Forces. Also, the (iv) Answer all correspondence re- criminal laws of some States prohibit ceived from CG, USACFSC and other the abduction of children by a parent DA officials. In answering this cor- or the nonsupport of family members respondence, the commander will— in violation of existing court orders. (A) Furnish complete details regard- These laws may also apply against sol- ing nonsupport complaints, child cus- diers under article 134, UCMJ, and As- tody complaints, and paternity claims. similative Crimes Act, section 13, title (B) Reveal whether or not the soldier 18, United States Code (18 U.S.C. 13). authorized the release outside the De- (A) Denial of reenlistment for en- partment of Defense (DOD) of informa- listed members (AR 601–280). tion obtained from a system of records. (B) Letter of reprimand for filing in a His or her decision should be recorded soldier’s Military Personnel Records on DA Form 5459–R (Authorization to Jacket or Official Military Personnel Release Information from Army File (AR 600–37).

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(C) Administrative separation from for the welfare of their families. Before the service (AR 635–100 or AR 635–200). recommending approval of requests for, (D) Nonjudicial punishment under ar- or extensions of, oversea assignments, ticle 15, UCMJ. commanders should consider whether (E) Court-martial. the soldier’s oversea assignment will (ix) Urge soldiers to provide addi- adversely affect the legal rights of fam- tional financial support beyond the re- ily members in pending court actions quired minimum whether the needs of against the soldier. the family so require. (5) The policy in this regulation re- (x) After coordination with the SJA garding the financial support of family and appropriate command representa- members is solely intended as an in- tives, and under applicable State, Fed- terim measure until the parties— eral, and host country laws, take remedial steps to assist in the following: (i) Arrive at a mutually satisfactory (A) Elimination of continuing viola- agreement, or tions of court orders and this regula- (ii) Resolve their differences in court. tion on child custody. (6) Soldiers are entitled to the same (B) Return of such children to the legal rights and privileges in State parent or guardian entitled to custody. courts as civilians. This includes deter- (6) The unit, installation, or com- mining the extent and amount of their mand public affairs officer will— support obligations to family members. (i) Answer correspondence and que- This regulation is not intended to be ries received from news media organi- used as a guide by courts in determin- zations. ing the following: (ii) Coordinate with the SJA before (i) The existence of support obliga- making any response. tions. (e) Policy. (1) Soldiers of the Army (ii) The amount of past, present, or are required to manage their personal future support obligations. affairs statisfactorily. This responsibil- (f) Release of information. (1) Soldiers ity includes— will be provided the opportunity of (i) Providing adequate and continuous support to or for family members. completing DA Form 5459–R before (See § 584.2.) being questioned about compliants or (ii) Complying with all court orders. claims under this regulation. Informa- (2) The Army has an interest in the tion voluntarily provided by soldiers welfare of both soldiers and their fami- may be used by commanders to answer lies. This is recognized by numerous inquiries. Replies normally will not in- laws and programs authorizing the fol- clude information obtained from a sys- lowing: tem of records without the soldier’s (i) Family housing. written consent. (ii) Living and travel allowances. (2) Some information may be re- (iii) Medical care. leased outside DOD from a system of (iv) Child care and development. records even without the soldier’s writ- (v) Community support services. ten consent. Under the Privacy Act (5 (3) Because of military duty, soldiers U.S.C. 552a(b)(2) and AR 340–21, para 3– and their families often live in States 3), information may be released, if rein which they have not established quired, under the Freedom of Informa- domicile. Frequently, they reside in tion Act. Under 5 U.S.C. 552(b)(6) and foreign nations. This often places sol- AR 340–17, chapter III, information diers beyond the judicial process of from personnel and other similar files State courts. may be released if it does not con- (4) The Army recognizes the tran- stitute a ‘‘clearly unwarranted inva- sient nature of military duty. This regulation prohibits the use of a soldier’s sion of privacy.’’ The information re- military status or assignment to deny leased must be in the public interest. financial support to family members or (3) The type of information that may to evade court orders on child support be released from a system of records or custody. Commanders have a respon- without the soldier’s consent will vary sibility to ensure that soldiers provide from case to case. In each case, the

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public interest of having soldiers sup- support requirements of this regulation port their families and obey court or- are stated in amounts equal to a sol- ders must be balanced against the sen- dier’s BAQ at the ‘‘with dependents’’ sitivity of the privacy interests in- rate. However, a soldier’s entitlement volved. Army policy favors permanent or lack of entitlement to such allow- resolution of support and custody mat- ances has no relationship to the obliga- ters in court. The denial of information tion under this regulation to support that hinders such resolution is not in family members. Except for the public interest. § 584.2(f)(2)(ii)(B), the actual receipt or (4) Before releasing information from nonreceipt of BAQ also has no relation- a system of records without the sol- ship to that obligation. dier’s consent, commanders may con- (i) Entitlement of variable housing al- sult the SJA. Generally, the types of lowance. Soldiers entitled to BAQ at information shown below may be re- the ‘‘with’’ or ‘‘without dependents’’ leased to the complaining family mem- rate may be entitled to variable hous- ber entitled to support or those author- ing allowance (VHA). Terms for receiv- ized by the family member to act in his ing VHA are set forth in the Joint or her behalf (for example, legal assist- Travel Regulations, M4550 through ance attorneys, Member of Congress, M4557. Soldiers may use VHA to defray courts, Government welfare agencies). housing costs for family members. (i) Present unit of assignment, in- (j) Garnishment. A summary of the cluding port calls and future duty as- rules regarding garnishment of Federal signments, permanent or temporary, if wages is in § 584.8. known. (k) Involuntary allotments. A sum- (ii) Scheduled separation and retire- mary of the rules regarding involun- ment dates from the Service. tary allotments from pay and allow- (iii) Rank and authorized pay and al- ances is in § 584.9. lowances for that grade. (iv) Allotments authorized or being § 584.2 Family support and child cus- authorized for or in behalf of the fam- tody. ily member entitled to support. (a) General. (1) This chapter requires (v) The soldier’s stated intentions, if soldiers to provide financial support to any, regarding resolution of the com- family members and to obey court or- plaint. ders on child custody. It also provides (vi) The general whereabouts of the guidance and policy to commanders to soldier’s children, if known. follow when resolving nonsupport and (5) The SJA should be consulted for child custody issues. Consistent with legal advice before the residential ad- specific provisions below, a soldier dress of a soldier or family member is will— released. (i) Furnish financial support to fam- (6) Any information released should ily members that meets at least the be pertinent to the inquiry. The sol- minimum support requirements of this dier’s relationship, if any, to the per- regulation (§ 584.2(d)). son making the inquiry, should be con- (ii) Provide such additional support sidered. Consistent with the purpose of within his or her financial ability to this regulation, information that un- meet the financial needs of family duly invades the privacy of the soldier members (§ 584.2(j)). or his or her family should not be re- (iii) Comply with all court-imposed leased. obligations (§ 584.2(c)(3)). (g) Penalties. Compliance with the (iv) Obey court orders and this regu- minimum support requirements lation on child custody and visitation § 584.2(d)) and child custody provisions rights (§ 584.2(e)). (§ 584.2(e)) of this regulation will be en- (2) It is the responsibility of soldiers forced by administrative and criminal to resolve nonsupport issues with fam- remedies as appropriate. ily members by one of the methods (h) Basic allowance for quarters. A shown in § 584.2(a)(2)(i) through (iii). In summary of the rules regarding enti- all cases, Army support policy for fam- tlements to basic allowance for quar- ily members should be considered tem- ters (BAQ) is in § 584.7. The minimum porary until either an agreement has

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been reached between the parties (in- the parties cannot reach an oral agree- cluding those acting on behalf of minor ment or the amount agreed upon is in children) or court action has been dispute. In appropriate cases, the com- taken. mander can order additional support (i) Oral agreements. beyond the minimum amount required (ii) Written support agreements. by § 584.2(d). (See § 584.2(j).) (iii) Court orders. (2) Written support agreement. If the (3) Each complaint of nonsupport will parties are separated and have a signed be considered individually by the sol- written agreement, the amount of sup- dier’s immediate commander. Alleged port specified in such an agreement desertion or other marital misconduct controls. A signed written agreement on the part of a spouse has no effect on includes a separation agreement or a a soldier’s obligation to provide finan- property settlement agreement. A cial support as required by § 584.2(d). written agreement on support also may (b) Separation from family due to mili- be shown by letters exchanged between tary service. Military service often re- the parties in which the amount of sup- quires soldiers to live separately from their families during oversea service or port has been agreed to by the parties. extended temporary duty. Soldiers If the agreement is silent on an must plan carefully for the support of amount of spousal and/or child support, their families during these periods. the interim minimum financial support Commanders will educate soldiers and requirements of § 584.2(d)(2) apply. The their families on the advantages of amount specified in the written agree- joint bank accounts. Such arrangement will be deemed adequate until ments usually minimize the hardship modified by— and financial burden on family mem- (i) Another agreement reduced to bers that may occur during periods of writing and signed by both parties. such separation. If proper, commanders (ii) Court order. will urge soliders to start an allotment (3) Court order. (i) Court orders often to or for their family to ensure contin- contain other financial obligations, uous financial support. The amount of such as provisions for property divi- such a support allotment should be set sion, marital property awards, and pay- up by agreement between the soldier ment of medical and other expenses. and his or her family. In the absence of Commanders have a responsibility to such an agreement or a court order, ensure that soldiers comply with these the provisions of § 584.2(d)(2) apply. provisions. Soldiers will comply with Each soldier is expected to keep rea- all court-imposed obligations. Failure sonable contact with family members to do so may result in costly and time- to minimize inquiries, claims, and consuming litigation or court con- compliants sent to Army officials. tempt proceedings. These actions often (c) Support by oral agreement, written are to the detriment of the soldier and support agreement, or court order—(1) the unit’s readiness mission. Section Oral agreement. It is not the Army’s policy to involve itself in disputes over 584.2 (d)(1)(i), however, only applies to the terms or enforcement of oral sup- court orders directing the soldier to port agreements. Where an oral agree- provide financial support to family ment exists and is being followed, the members on a periodic basis. Army need not and will not interfere. (ii) Court orders under this regula- When a dispute arises, the Army will tion include those orders issued by the require compliance only with the pro- courts of the Federal Republic of Ger- visions of this regulation. Thus, if a many (FRG). The courts must have ac- family member complains that a sol- quired valid jurisdiction consistent dier is not sending an agreed upon with the provisions of articles 32 amount that is less or more than the through 37 of the Supplementary minimum required by § 584.2(d), the Agreement concerning foreign forces commander will advise the soldier to stationed in the FRG. This agreement either send the agreed upon amount or supplements the North Atlantic Treaty the minimum amount required by Organization Status of Forces Agree- § 584.2(d). Section 584.2(d) applies when ment. A soldier will comply with all

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other foreign nation court and admin- (ii) Multiple-family units. In multi- istrative orders that are recognized by family unit support situations, each treaty or international agreement. supported family member will receive a (iii) Commanders should be aware pro-rata share of the BAQ at the with- that conditions may have changed dependents rate. This share will be de- greatly from when a court order was is- termined by dividing an amount equal sued. For example, a soldier may have to BAQ at the with-dependents rate for gained other family responsibilies. the soldier’s rank by the total number Many outstanding and uncontested of supported family members (exclud- support orders against soldiers cause ing former spouses). The following severe hardship. Such orders can only modifications apply: First, any court be modified by a court. If a soldier’s in- ordered support will be paid as stated. come appears inadequate to satisfy an Secondly, supported families living in outstanding order and still maintain Government family quarters will re- the soldier, the commander should urge ceive an amount equal to the difference the individual to consult a legal assist- between BAQ at the with- and without- ance attorney. However, the soldier dependents rate for the soldier’s rank. will comply with the terms of a court Lastly, any remaining family members order until relieved of this obligation (excluding former spouses) will receive by modification of the order by a court. a pro-rata share of the BAQ amount. (d) Minimum support requirements. (1) This will be provided regardless of the Soldiers will not violate the following: amount of support paid to other family (i) Financial support provisions of a members. Following are examples: court order. (A) Example 1. A soldier is divorced and has (ii) Financial support provisions of a three children from that marriage. The sol- written support agreement in the ab- dier is required by a court order to pay $300 sence of a court order. per month for the children and $100 per (iii) Interim minimum financial sup- month for the former spouse. The soldier has port requirements of § 584.2(d)(2) in the remarried and has two more family members absence of a court order or written sup- (spouse and child) living in private housing. port agreement. The soldier now has a total of five family members that he or she must support under (2) In the absence of a court order or Army policy. (A former spouse does not qual- written support agreement, and until ify as a family member in pro-rata deter- such an order or agreement is obtained, minations.) The children by the previous the following interim minimum finan- marriage must receive $300 and the former cial support requirements apply: spouse must receive $100 per the court order. (i) Single family units. (A) Family not The present spouse and child should receive living in Government family quarters. support equal to two-fifths of BAQ at the The soldier will provide support in an with-dependents rate for the soldier’s rank. (B) Example 2. A soldier has one child by a amount equal to the soldier’s BAQ at previous marriage. There is no court order the with-dependents rate. This amount for child support. The soldier is unable to of financial support will be provided for show that the court granting the divorce had this family unit regardless of whether personal jurisdiction over the soldier so as to or not the soldier is— be able to order child support. The soldier (1) Receiving BAQ. has remarried and has a spouse and two chil- (2) Occupying Government family dren living in private housing. The soldier quarters. now has a total of four family members that he or she must support under Army policy. (B) Family living in Government (These family members are the child by a family quarters. While the supported previous marriage and the present spouse family is occupying Government fam- and two children.) Each family member ily quarters, the soldier will provide an should receive support equal to one-fourth of amount equal to the difference between BAQ at the with-dependents rate for the sol- BAQ at the with- and without-depend- dier’s rank. ents rate. When the supported family (C) Example 3. A soldier has two children by members move out of Government fam- a previous marriage. The soldier is required by court order to pay $200 per month for ily quarters, support will be provided these children. Also, the soldier is required in an amount equal to BAQ at the to pay $75 per month for support of a child with-dependents rate for the soldier’s per a court order that has declared him to be rank. the father. He has remarried and has a

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spouse and three children living in Govern- and children reside in private housing. ment family quarters. The soldier now has a The Army soldier has a total of three total of seven family members that he must family members that he or she must support under Army policy. The children by support. The Army soldier will pay $150 his previous marriage must receive $200 per the court order. His other child must receive a month to the adopted child per the $75 per the court order. The spouse and chil- court order. The children from the dren of his present marriage should receive present marriage will receive an an amount equal to the difference between amount equal to the difference between BAQ at the with- and without-dependents his or her BAQ at the with- and with- rate for the soldier’s rank. out-dependents rates for the Army sol- (iii) Military members married to dier’s rank. one another. In the absence of a court (3) A commander has no authority to order or written support agreement, an excuse a soldier from complying with Army soldier is not required to provide the interim minimum support require- support to a spouse on active duty in ments of § 584.2(d)(2) when they are ap- the Armed Forces. plicable. (iv) Children of military member par- (4) In the absence of a contrary provi- ents. sion in a written support agreement or (A) Single family units. In the absence court order, monthly financial support of a court order or written support to family members will be sent before agreement, the following interim sup- the last calendar day of the month for port requirements apply: which the support is due. If the family (1) Single family units when the members are not residing together, the Army soldier does not have custody of soldier will ensure each family member any children of the marriage. The receives his or her pro-rata share. (For Army soldier will pay an amount equal example, spouse lives along and the to the difference between his or her children live with their grandparents.) own BAQ at the with- and without-dependents rate to the military member (e) Child custody. (1) A soldier rel- having custody of the child or children ative, who is aware that another person of the marriage. This amount of finan- is a lawful custodian of an unmarried cial support will be provided regardless child under the age of 14 years, will of which military member, if any, is not— receving BAQ or occupying Govern- (i) Abduct, taken, entice, or carry ment family quarters. away the child from the lawful custo- (2) Single family units when the dian. Army soldier has custody of the child (ii) Withhold, detain, or conceal the or children of the marriage (for exam- child away from the lawful custodian. ple, Army soldier has custody of one (2) A ‘‘lawful custodian’’ is a person child and spouse has custody of two authorized, either along or together children). In this situation, the Army with another person or persons, to have soldier is not required to provide a custody and exercise control over a minimum amount of financial support child less than 14 years of age by order for the children in the other military of a court. The fact that joint custody member’s custody. has been awarded to both parents by a (B) Multiple-family units. The provi- court does not preclude a violation of sions of § 584.2(d)(2)(ii) apply. However, this paragraph by the soldier parent. the amount in § 584.2(d)(2)(iv)(A) will However, in the absence of a court not be diminished by proration because order to the contrary, the mother of a of the Army soldier’s financial support child born out of wedlock who is not obligations to other family members. then, nor has ever been, married to the For example: An Army soldier has an father of the child is deemed the ‘‘law- adopted child from a previous mar- ful custodian’’ of that child for the pur- riage. The soldier is required by court pose of this regulation. order to pay $150 per month for this (3) A soldier relative is a soldier who child. The soldier presently is married is the parent, grandparent, brother, sis- to a spouse on active duty with the Air ter, uncle, aunt, or one who has at Force. They have two children from some time been the lawful custodian of this marriage. The Air Force member the child.

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(4) It is a defense to a violation of (1) The court issuing the final order this paragraph that the soldier— of divorce had personal jurisdiction (i) At the time of the offense had cus- over the soldier to order child support. tody of the child to the exclusion of (2) The soldier is not receiving BAQ others pursuant to a valid order of a at the ‘‘with dependents’’ rate based court having jurisdiction over the solely on the support of the minor chil- child; or dren in question. (ii) Voluntarily returned the child to (3) Written support agreements. If a fi- the lawful custodian within 96 hours nancial support obligation is evidenced after return was demanded by the law- by a written agreement between the ful custodian. parties, the soldier can only be relieved (f) Relief from the minimum support re- of this obligation by another written quirement. (1) Court orders with finan- agreement or by court order. cial support provisions. (4) Greater spousal income. In the ab- (i) Court ordered financial support sence of a written support agreement will be by the terms of the court order. or court order, a soldier has no obliga- Relief from a court order can only be tion to support a civilian spouse who is obtained under the law. Nothing in this receiving an annual income equal to or regulation affects or lessens a soldier’s greater than the annual gross pay of legal obligation to comply strictly the soldier. The income of the spouse with the terms of a court order. does not affect the soldier’s obligation (ii) A soldier who disobeys a court to provide financial support to the chil- order may be held in contempt of the dren of that marriage in the physical court that issued the order. Also, a sol- custody of the spouse on a pro-rata dier may be punished for violating this basis. Example: A soldier is living in regulation. It is, however, a defense to Government family quarters with one any violation of § 584.2(d)(1)(i) that— of their children. The soldier’s spouse (A) The court issuing the order was deserted the soldier and lives in private without jurisdiction to do so, and housing with their other child. The sol- (B) The soldier at all times has been complying with any of the following: dier’s spouse earns $5,000 more in an- (1) The financial support provisions nual income from a civilian job than of another court order. the soldier earns in annual gross pay. (2) The financial support provisions There is no court order or written sup- of a written support agreement. port agreement. The soldier has a total (3) The interim minimum financial of three family members. However, support requirements of § 584.2(d)(2). under Army support policy, the soldier (4) Court orders without financial does not have to provide a pro-rata support provisions. share of financial support to the spouse (iii) A soldier will provide financial because the spouse’s income exceeds support to family members unless ex- that of the soldier. (Note that under pressly relieved of this obligation by— § 584.2(a)(3) marital misconduct is not a (A) Court order. relevant consideration.) The soldier (B) Written support agreement. must support the child in Government (iv) A soldier will provide financial family quarters. In addition, the sol- support under § 584.2(f)(2) to family dier must provide an amount equal to members, which meets at least the one-third of BAQ (pro-rata share) at minimum support requirements of this the ‘‘with dependents’’ rate to the regulation. The financial support will spouse on behalf of the child living be provided even when a court order with the spouse. contains no provision as to support ex- (2) [Reserved] cept as follows: (g) Commander’s inquiries. (1) If a sol- (A) A soldier has no obligation to dier denies he or she has a financial ob- provide financial support to a former ligation to support a spouse or children spouse except by order of court. for any reason, the soldier’s com- (B) A soldier has no obligation to mander will— provide financial support to minor (i) Inquire into the matter. children of the marriage if he or she (ii) Consult with the SJA prior to de- can show the following: termining whether or not there is a

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support obligation. If there is no sup- (iii) Interest and principal due on port obligation, BAQ at the ‘‘with de- loans, mortgages, or charge accounts. pendents’’ rate should be stopped. (iv) Insurance payments. (2) If a soldier claims he or she has (i) Arrearages. made support payments as required by (1) General. A soldier who falls into this regulation, the soldier’s com- arrears without legal justification or mander will— excuse is in violation of § 584.2(d). (i) Request the soldier to provide (2) Court orders and written support proof of payment in one of the follow- agreements. ing forms: (i) Amounts in arrears based on a (A) Canceled personal checks. past failure to comply with a court (B) Leave and earnings statements order or written support agreement showing allotments. will be paid at once in a lump sum (C) Postal or money order receipts amount. If an immediate lump sum accompanied by a sworn statement payment is impractical, soldiers are from the soldier that the order was expected to work out arrangements sent to the family member. If possible, with the court or the affected family evidence that the postal or money members to pay arrearages on a sched- order was cashed by the complaining uled basis. If arrangements can not be party should be provided. worked out, commanders will intervene (D) Other acceptable evidence of pay- and order payment of arrearages on a ment. scheduled basis based on the soldier’s (ii) Consult with the SJA, if nec- ability to pay. essary, to determine whether the sol- (ii) When arrearages arise from non- dier has provided enough proof of pay- compliance with court orders and writ- ment. ten support agreements, this may re- (3) If a soldier is suspected of violat- sult in— ing a child custody or visitation rights (A) Garnishment of the soldier’s pay in a court order, the soldier’s com- account (§ 584.8). mander will— (B) Initiation of an involuntary allot- (i) Inquire into the matter. ment against the soldier’s pay account (ii) Consult with the SJA prior to (§ 584.9). taking action. (C) Contempt of court proceedings. (4) In any case in which the soldier is (D) Recoupment of BAQ received by suspected of violating this regulation the soldier. (§ 584.2(d) or (e)), or of having commit- (iii) Administrative or punitive acted other offenses, the commander, tion may be taken on a violation of prior to questioning the soldier, will this regulation for any month in which advise him or her of— the soldier failed to provide the re- (i) The suspected offense. quired financial support even if the (ii) The right to remain silent under amount in arrears eventually is paid. article 31, UCMJ. (3) Interim minimum financial sup- (iii) The right to counsel under the port requirements. A soldier should be Fifth Amendment. encouraged to pay the amount in ar- (h) Form of support payment. (1) Un- rears based on past noncompliance less otherwise provided in the court with the interim minimum financial order or by agreement, a financial sup- support requirements (§ 584.2(d) (1)(iii) port payment will be made in one of and (2)). However, a soldier cannot be the following ways: ordered to pay such an amount. Never- (i) In cash. theless, administrative or punitive ac- (ii) By check or money order. tion may be taken on a violation of (iii) By allotment. this regulation for any month in which (2) A soldier will receive credit for the soldier failed to provide the re- payments made to others on behalf of, quired financial support even if the and with the agreement of, the sup- amount in arrears eventually is paid. ported family members. Examples of Also, failure to provide required finan- support provided in kind include— cial support in the past may be consid- (i) Rent. ered, together with other factors, in a (ii) Utility services. commander’s determination of the

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amount of additional support that may sions dealing with child custody, visi- be ordered. (See § 584.2(j).) tation rights, property division, and (j) Additional support where there is marital property awards. no support agreement or court order. (x) The amount in arrears owed by (1) Ordinarily, a soldier should not be the soldier based on past noncompli- required to provide financial support ance with the minimum support re- beyond that required by § 584.2(d)(1)(iii). quirements. (See § 584.2 (d) and (i).) However, a soldier should provide addi- (xi) Any other fact which, in the tional support within his or her ability judgment of the commander, has a log- to meet the basic financial needs of ical bearing upon the amount of addi- family members when the interim sup- tional support the soldier reasonably port requirements of this regulation should be expected to provide. are shown to be inadequate. (k) Procedure for making complaints. (2) If there is a demonstrated need for (1) Complaints about nonsupport of immediate and temporary additional family members and noncompliance support because of unexpected and un- with court orders on financial support foreseen circumstances and the parties and child custody should be sent are unable to agree on such additional through command channels. The com- support, a commander may order tem- plainant should be referred to the im- porary additional support. mediate commander of the soldier con- (3) Commanders will consider the fol- cerned. lowing factors in determining the (2) The Inspector General (IG) may amount of additional support, if any, assist in properly routing the com- that a soldier should provide when a re- plaint. The IG also may assist if the request for additional support is responsible commander has failed to received: spond in a satisfactory manner or as (i) The pay, allowances, separate in- required by this regulation. (See AR come, and other financial resources of 20–1, para 4–9.) both the soldier and the family member for whom additional support is re- (3) The USACFSC (DACF–IS–PA) has quested. set up an office to assist in these cases. (ii) The earning capacity of the fam- USACFSC will provide policy interpre- ily member on whose behalf support is tations and guidance on unresolved or requested. complex cases, as needed. USACFSC (iii) The financial savings of the sol- normally will go through command dier and family member. channels to the immediate commander (iv) The separate and joint debts of of the soldier concerned requesting the soldier and family member, by that action be taken under this regula- whom those debts were incurred, and tion. the reasons behind them. (4) Family members who present (v) The soldier’s duty to provide fi- complaints against a military member nancial support to other family mem- of another Service (Air Force, Marine bers, including former spouses. Corps, Navy, or Coast Guard) should be (vi) The financial needs of the soldier referred to the appropriate Service. and the family member and whether (l) Commander’s actions. (1) Upon re- these needs are temporary or perma- ceipt of a complaint of nonsupport or nent in nature. noncompliance with court orders, in- (vii) The standard of living of the sol- cluding provisions on child custody or dier and family member and whether visitation rights, the commander will such standard of living is reasonable review the complaint. He or she will do under the circumstances. the following if the information is in- (viii) With regard to spousal support, complete: the duration of the marriage and the (i) Acknowledge receipt of the com- circumstances under which the parties plaint. separated. (ii) Explain that the information or (ix) The extent of the soldier’s or documentation sent is not enough to family member’s compliance with ex- give proper help. isting court orders and written support (iii) If appropriate, send the com- agreements. This includes those provi- plainant DA Form 5460–R (Request for

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Help in Receiving Support and/or Iden- to family members. Therefore, collec- tification Cards for Family Members). tion action may be initiated by the (iv) Advise that help will be given Army. with the complaint upon return of the (vii) Explain what garnishment is completed form and other requested in- (§ 584.8) and how it might affect the sol- formation and documents. dier’s pay, allowances, and allotments. (v) If appropriate, advise that DA For example, explain that the amount Form 5460–R alone is not enough docu- garnisheed monthly might signifi- mentation for issuance of a dependent cantly exceed monthly support obliga- identification card (ID card) (AR 640–3). tions previously agreed upon. Documentation (that is, court orders, (viii) Tell the soldier of any court birth certificates, marriage certifi- order for attachment or garnishment cates, etc.) must be provided to support that has been received. Immediately eligibility for benefits. send the court documents to the Com- (vi) Answer any policy or procedural mander, U.S. Army Finance and Ac- questions that have been asked. counting Center (USAFAC), ATTN: (2) Upon receipt of DA Form 5460–R FINCL–G, Indianapolis, IN 46249–0260 or a complaint that has enough infor- for action. (See § 584.8(b).) Also, inform mation to properly respond, the com- the soldier that if the document is in mander will— proper legal form, a portion of the sol- (i) Review soldier’s legal financial ob- dier’s pay and allowances will be gar- ligations in light of the complaint and nisheed. the facts presented by all parties con- (ix) Explain involuntary allotments cerned. (§ 584.9) if appropriate. (ii) If necessary, ask the SJA if the complaint is valid, if the soldier must (x) Coordinate with the soldier’s serv- provide financial support or give up icing finance and accounting office custody of children, and any other re- (FAO) for problems of pay, allowances, lated questions. and allotments. (iii) Notify the soldier of the com- (xi) Urge soldiers to provide continu- plaint of nonsupport or of a violation ous support to family members by al- of a child custody court order. lotment. The allotment should be for (iv) Require the soldier to complete the mutually agreed amount, court and sign DA Form 5459–R. Information order, or as computed under this regu- obtained from a system of records ordi- lation. An account may be set up in a narily will not be released outside DOD financial institution by the recipient without the soldier’s consent. (See to receive the allotment. This action § 584.1(f).) may preclude delays in receipt and (v) If the soldier is suspected of vio- other related problems in the future. lating this regulation or of having (xii) Help the soldier start an allot- committed other offenses, the comment to make the required support mander, prior to questioning the sol- payments. Also, advise the soldier to dier, will also advise him or her of— let the commander know if there is a (A) The suspected offense. change or stoppage to the support al- (B) The right to remain silent under lotment. article 31, UCMJ. (xiii) Give the soldier a chance to (C) The right to counsel under the consult with a legal assistance attor- Fifth Amendment. ney if he or she desires. However, the (vi) Explain the following to the sol- commander should ensure that this is dier: not used as a delaying tactic. Where (A) The Army’s policies regarding appropriate, a support payment plan support of family members and compli- should be initiated without delay. ance with court orders. (xiv) Urge soldiers thinking about di- (B) That refusal to give required sup- vorce to seek legal advice from a legal port per this regulation may result in assistance attorney. Also, advise the administrative or punitive action. soldier to ensure an amount of support (C) That a soldier is not entitled to is included in the court order for their BAQ at the ‘‘with dependents’’ rate children. This action may help to pre- when no part of the allowance is given vent future disputes.

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(xv) Ensure that the soldier is not re- § 584.3 Paternity claims. ceiving BAQ at the ‘‘with dependents’’ (a) General. (1) This chapter sets pol- rate when not entitled to it. (See icy and procedures to process paternity § 584.7.) claims against male Army soldiers. (xvi) Ask the soldier about his or her These procedures apply to claims made intentions. Give the soldier the chance in the continental United States and in to furnish a voluntarily signed state- foreign countries. They apply to claims ment admitting or denying the com- made by the claimant or on behalf of plaint and stating his or her inten- the claimant by attorneys, court offi- tions. cials, and others. (xvii) Send complaints received to (2) Soldiers will be informed of pater- the soldier’s new duty station if he or nity claims against them. Commanders she has been reassigned. Advise the will ensure that soldiers are advised of complainant of the soldier’s reporting their legal rights and will advise sol- date and the unit address to which cor- diers of their moral and legal obliga- respondence should be sent. If proper, tions in the matter. Soldiers admitting give the complainant a copy of DA paternity will be urged to provide the Form 5460–R. necessary financial support to the (3) Advise the complainant cour- child. Also, they will take any other teously and promptly— action proper under the circumstances. (b) Procedures for questioning sol- (i) Of the Army policy in suitable diers about paternity claims upon re- areas of concern. ceipt of a claim of paternity against a (ii) Of the soldier’s intentions, if the soldier, the commander will take the soldier allows release of the informa- following actions: tion. (1) If there is evidence that an offense (iii) That personal problems outside (for example, rape, indecent acts with a the requirements of this regulation minor) may have been committed— must be resolved in court if the parties (i) Inform law enforcement officials. cannot agree. (ii) Inform the soldier of the sus- (4) If proper to the situation, remind pected offense. Before questioning, ad- complainant of other helping agencies vise the soldier of his right to remain on post, such as the chaplain and Army silent under article, 31, UCMJ, and his Community Service. These agencies right to counsel under the Fifth can give timely, interim help to meet Amendment. immediate needs pending a more per- (iii) Coordinate further action under manent resolution of the problem. this regulation with the SJA and law (5) Retain the statements allowing or enforcement officials if appropriate. forbidding release of information to (2) If there is no evidence that an of- the complainant and the soldier’s in- fense was committed— tentions with the case file for future (i) Allow the soldier a chance to talk reference. Documents/records will be with a legal assistance attorney about filed per AR 600–37 and the Army Func- his legal rights and obligations. tional Files System (AR 340–2 and AR (ii) Require the soldier to complete 340–18). and sign DA Form 5459–R. Information obtained from a system of records nor- (6) Monitor actions closely to ensure mally will not be released outside DOD promises of support or other actions by without the soldier’s consent. (See soldiers to complainants are being met. § 584.1(f).) (7) Consider administrative or puni- (iii) Inform the soldier of Army pol- tive action if proper. icy on the support of family members (8) Inform the first level field grade contained in this regulation. commander of the soldier’s repeated (iv) Advise the soldier that a court failure to meet the requirements of order against him on the paternity this regulation. Also, point out actions claim, followed by a refusal to support taken or contemplated to correct in- a child born out of wedlock, could re- stances of nonsupport of family mem- sult in— bers or violations of child custody (A) Administrative or punitive action court orders. for violating this regulation.

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(B) Garnishment of the soldier’s pay (vi) Allow the soldier to take ordi- account (§ 584.8). nary leave in order to marry the claim- (C) Initiation of an involuntary allot- ant, if leave is requested for this pur- ment against the soldier’s pay account pose. However, the leave may be de- (§ 584.9). layed if it will interfere with military (D) Contempt of court proceedings. requirements. Travel in connection (v) Ask the soldier about his inten- with leave (including travel to and tions. Give the soldier the chance to from overseas commands) is the re- furnish a voluntarily signed statement sponsibility of the soldier. Travel will admitting or denying the claim and be at no expense to the Government. If stating his intentions. the marriage is to take place overseas, (c) Procedures for processing paternity the soldier must comply with AR 600– claims. (1) When one of the conditions 240 and AR 608–61 in applying for au- in § 584.3(c)(1)(i) applies, a claimant will thorization to marry (DA Form 2029–R) be advised of the statement in (Application for Authorization to § 584.3(c)(1)(ii). Marry Outside of the United States). (i) A soldier— (d) Court orders. If a court order of pa- (A) Refuses to answer questions ternity and support has been issued, about the paternity claim. the commander will— (1) Advise the soldier of the policy re- (B) Denies paternity. garding support of family members. (C) Admits paternity, but refuses to (2) Advise the soldier that refusal to provide financial support. support his child born out of wedlock (ii) No action can be taken on the could result in— claim of paternity in the absence of a (i) Garnishment of the soldier’s pay court order. The court order must iden- account (§ 584.8). tify the soldier in question as the fa- (ii) Initiation of an involuntary allot- ther of the child. Also, the court order ment against the soldier’s pay account must direct that the soldier provide fi- (§ 584.9). nancial support to the child. (iii) Contempt of court proceedings. (2) The commander will reply di- (iv) Administrative or punitive ac- rectly to the claimant or the attorney tion for violating this regulation. or court official she has authorized to (3) Refer the soldier to a legal assist- act in her behalf. Information obtained ance attorney for advice on his legal from a system of records ordinarily rights and obligations. will not be released outside DOD with- (4) Help the soldier file an attotment out the soldier’s consent. (See or give other financial aid. § 584.1(f).) (5) Advise the claimant of the (3) If the soldier admits paternity and amount, effective date, and means of agrees to provide financial support, payment. then the commander will— (6) Help the soldier apply for BAQ at (i) Ask the claimant to provide a the ‘‘with dependents’’ rate, if applica- copy of the birth certificate. ble. (ii) Help the soldier in filing for an (7) Ensure an ID card is issued for the allotment or providing other financial child. aid. (8) Consider administrative or puni- (iii) Advise the claimant of the tive action if the soldier fails to obey amount, effective date, and means of the court order. (See § 584.1(d)(5)(viii.) payment. (9) Inform the first level field grade (iv) Help the soldier apply for BAQ at commander of the soldier’s repeated the ‘‘with dependents’’ rate, if applica- failure to meet the requirements of ble. (A birth certificate may be re- this regulation. Also, point out actions quired.) taken or contemplated to correct in- (v) Ensure an ID card is issued for the stances of nonsupport of family mem- child after the relationship is docu- bers. mented, if proper. (A birth certificate may be required.) (See AR 640–3, para § 584.4 Adoption proceedings. 3–3, for dependency criteria for ID (a) General. This chapter does not cards.) apply to those situations were a soldier

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is trying to adopt a child. It applies to of those years must have been spent in those situations where another person the United States after the father’s is trying to adopt a legitimate or ille- 14th birthday. United States military gitimate child of a soldier. A child born service counts as physical presence in in or out of wedlock normally may not the United States. (See 8 U.S.C. be put up for adoption without the con- 1101(c)(1), 1401(g), and 1409(c).) Whether sent of the parents. Therefore, commu- the child gains the citizenship of its nications from a judge or court asking mother depends entirely upon the laws that a soldier appear at an adoption of the nation in which she is a citizen. hearing must be answered. (2) A child born out of wedlock in a (b) Commander’s actions. The com- foreign country to an American citizen mander will— mother and an alien father or U.S. Citi- (1) Inform the soldier or the inquiry. zen father gains U.S. citizenship at (2) Urge the soldier to see a legal as- birth if the mother had been physically sistance attorney. present in the United States for a (3) Advise the court or judge, as ap- continous period of 1 year prior to the propriate, that— child’s birth. (See 8 U.S.C. 1409(c).) The (i) A request by the soldier for leave child will gain the citizenship of the fa- to attend an adoption hearing on (date) ther only if the laws of the nation of has been granted. which the father is a citizen so provide. (ii) A request by the soldier for leave (b) Procedures for claiming U.S. citizen- to attend an adoption hearing on ship rights. (1) A father desiring rights (date), if made, would be approved.. of U.S. citizenship for a foreign-born (iii) Due to military requirements, child must legally acknowledge the the soldier cannot be granted leave to child as his own and prepare a case file. attend any court hearing until (date). Each case is decided on its own merits. (iv) The soldier has stated that he or The Department of State, if the child is she is not the natural parent of the in a foreign nation, or the Immigration child. and Naturalization Service (INS), if the (v) Since the soldier is not present child is in the United States, will make because (give specific reasons), (for ex- the decision. Documents that may be ample, temporary duty or leave), a important in supporting a citizenship complete response cannot be made determination are listed below: until (date). (i) Proof of father’s citizenship. This (vi) The soldier is no longer in this may consist of any of the following: command. The commander will provide (A) A certified copy of his birth cer- the soldier’s new military address to tificate (with a raised seal of the reg- the court or judge. The commander istrar of births). then will send a copy of the inquiry to (B) A report of birth abroad (FS the soldier’s new commander and ad- Form 240 (Report of Birth Abroad of a vise the court or judge of this action. Citizen of the United States)). (4) Furnish the soldier with a copy of (C) A certificate of citizenship. the communication and the reply. (D) A certificate of naturalization. § 584.5 U.S. citizenship determinations (E) A valid U.S. Passport. on children born out of wedlock in (F) A certified copy of an approved a foreign country. U.S. passport application. (a) General. (1) A child born out of (G) Any secondary evidence accept- wedlock in a foreign country of an able by the State Department or INS. American citizen father and an alien (ii) Affidavit of paternity. mother does not automatically gain (iii) Proof of presence in the foreign U.S. citizenship. The child must first country at time of conception. (This be legally acknowledged by the father. information can be extracted from the Marriage to the mother may be re- passport, DA Form 2–1 (Personnel quired in order for the child to acquire Qualification Record—Part II), etc.). U.S. citizenship. The father also must (iv) Child’s birth certificate. establish that he had at least 10 years (v) Proof of the father’s physical of physical presence in the United presence in the United States for 10 States prior to the child’s birth. Five years (5 after age 14).

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(vi) Blood type tests of the mother, (2) After RCPAC verifies the status, the father, and the child. (At the re- the following officials will act as pre- quest of the examining officer.) scribed below: (vii) Two sworn affidavits (at the re- (i) Chief, National Guard Bureau, quest of the examining officer) from in- WASH DC 20310–2500, for members of dividuals who personally knew the the Army National Guard. mother, father, and child at the time of (ii) The area commander concerned birth and can identify the child. for Ready Reservists assigned to troop (viii) A copy of a certified English program units under his or her control. translation of all needed legal docu- (See AR 140–1, para 1–6.) ments that are in a foreign language. (iii) Commander, RCPAC for nonunit (ix) An executed passport application members assigned to Control Groups of with three signed pictures of the child. the Ready Reserve, Standby Reserve, and Retired Reserve. (2) The soldier may consult a legal (3) The officials cited above will en- assistance attorney for help in prepar- sure that correspondence claiming non- ing the case file. The case file should support or paternity is delvered to the be taken to the nearest American Em- person concerned, using military chan- bassy, Consulate General, or Consulate nels. When the correspondence cannot in the country where he and his child be delviered through military chan- live. If the father is not present in the nels, it will be sent to the last known country where the child lives, he will mailing address of the person by cer- do one of the following— tified mail (PS Form 3811 (Return Re- (i) Take the necessary documents to ceipt, Registered, Insured and Certified the nearest American Embassy, Con- Mail)). It should be marked ‘‘Return sulate General, or Consulate. Receipt Requested—Deliver to Ad- (ii) Mail the documents to the De- dressee Only.’’ This form is available at partment of State, ATTN: Office of U.S. post offices. Citizens Consular Service, WASH DC (4) After delivery of correspondence, 20520. That office, in conjunction with the responsible official will advise the the American Consul abroad, will de- complainant or claimant— cide if the child is a U.S. citizen. (i) Of the date and method of deliv- (3) If both father and child are within ery. the United States, a decision of citizen- (ii) That the military department ship status can be obtained from the does not control the personal affairs of INS. The soldier should file Form N–600 nonactive duty personnel. These per- (Application for Certificate of Citizen- sonnel usually are in a civilian status ship) at the nearest INS office. This and are not subject to military dis- form can be obtained from the INS. cipline. Therefore, the matter has been The appendix of AR 608–3 lists the loca- left to the person’s discretion. tion of INS offices. (iii) Of the person’s mailing address (4) Any soldier who claims to be a only if the conditions in § 584.6(c) are U.S. citizen has the burden of proving met. that claim to the Department of State (b) Procedures governing discharged or INS, as applicable. personnel. Nonsupport complaints or paternity claims against persons who § 584.6 Procedures governing non- have been discharged from the Service active duty or discharged person- will be sent to RCPAC. These persons nel. do not hold any military status what- (a) Procedures governing nonactive soever. Commander, RCPAC will return duty personnel. (1) Nonsupport com- the correspondence and all accompany- plaints and paternity claims against ing documentation and advise the com- former soldiers or other not on active plainant or claimant— duty will be sent to the Commander, (1) That the person is no longer a U.S. Army Reserve Components Per- member of the Army or the Reserve sonnel and Administration Center Components. (RCPAC), ATTN: DARC–PSE–VS, 9700 (2) Of the date of discharge. Page Boulevard, St. Louis, MO 63132– (3) That the Army no longer has con- 5200. trol or authorty over the discharged

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member. Therefore, the Army can take § 584.2(f)(2).) Normally, a soldier is not no further action in the matter. entitled to BAQ on behalf of a former (4) Of the person’s mailing address spouse or stepchildren after the di- only if the conditions in § 584.6(c) are vorce. BAQ at the ‘‘with dependents’’ met. rate is not authorized when the soldier (c) Conditions for disclosing mailing ad- or the supported family is residing in dress. Nonactive duty and discharged Government family quarters. Also, if personnel’s mailing addresses will not two soldier member-parents are sup- be disclosed except for one of the fol- porting the same child, only one sol- lowing reasons: dier member is entitled to BAQ at the (1) The person consents in writing to ‘‘with dependents’’ rate. the release of his or her address. (b) False claims. BAQ at the ‘‘with de- (2) The complainant or claimant pendents’’ rate is not payable to soldier sends a court order directing the re- who are not supporting their families. lease of the address. Cases involving alleged failure or re- (3) Any other reason that does not fusal of soldiers to pay at least the dif- constitute a violation of the Privacy ference between BAQ at the with- and Act of 1974. without-dependents rate for the sup- (d) Retired personnel. (1) Court orders port of family members will be referred for garnishment or attachment of pay to the proper FAO after investigation. of retired persons will be sent to Nonsupport of family members for USAFAC. whom BAQ is claimed may result in— (2) The complainant or claimant will (1) Collection of BAQ received but be advised that correspondence may be not given to the family members. sent to the retired member as follows: (2) Stoppage of BAQ at the ‘‘with de- (i) Place correspondence in a stamped pendents’’ rate. envelope with retired member’s name (3) Punitive or administrative action typed or printed on the envelope. against a soldier for— (ii) Place stamped envelope in a sec- (i) Violating the minimum support ond envelope and send to the Com- requirements of this regulation. mander, RCPAC, ATTN: DARC–PSE– (ii) Submitting a fraudulent claim VS, 9700 Page Boulevard, St. Louis, MO for BAQ based on false information. 63132–5200. (c) Forfeiture of BAQ. Forfeiture of (3) Commander, RCPAC will send the the ‘‘with dependents’’ portion of BAQ correspondence to the retired member does not relieve the soldier of the obli- but cannot release the address under gation to support family members as the provisions of the Privacy Act of set up in this regulation. 1974. (d) BAQ entitlements versus Army minimum support requirements Terms § 584.7 Basic allowance for quarters. for entitlements to BAQ are set forth (a) Eligibility. (1) Soldiers entitled to in DODPM, part 3, chapter 2. Except as basic pay, who have family members, provided in this regulation, BAQ enti- are entitled to BAQ at the rates pre- tlements have no relationship to Army scribed for soldiers ‘‘with dependents’’ minimum support requirements. under certain conditions. The Depart- ment of Defense Military Pay and Al- § 584.8 Garnishment. lowances Entitlements Manual (a) General. (1) Pub. L. 93–647 (42 (DODPM) governs entitlements. (See U.S.C. 659) permits garnishment, at- DODPM, part 3, chap 2.) tachment, or assignment of Federal (2) Soldiers may receive BAQ at the wages and retirement payments to en- ‘‘with dependents’’ rate as long as they force court-ordered child support and pay at least the difference between alimony obligations that are in ar- BAQ at the with- and without-depend- rears. It includes foreign court orders ents rate each month in support of when— their families. (See DODPM, part 3.) (i) Required by treaty or inter- This is so even if a divorce decree or national agreement. (A soldier is sub- court order is silent on support or reject to garnishment for child support leases the soldier from the responsibil- issued by the FRG only while phys- ity of supporting the family. (See ically stationed in Germany.)

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(ii) Recognized by a court of com- (b) USAFAC procedures. The USAFAC petent jurisdiction. Applicable State will process most garnishment orders. laws govern legal procedures to be used Unless the order is contrary to Federal by complainants. Jurisdictional or pro- law or the laws of the jurisdiction from cedural challenges to garnishment ac- which it was issued, the soldier’s pay tions remain the responsibility of indi- will be garnished per the court order. vidual members. Garnishment orders will be sent by cer- (2) In the absence of State law more tified or registered mail to the Com- favorable to the soldier, 15 U.S.C. 1673 mander, USAFAC, ATTN: FINCL–G, In- limits the amount of pay that can be dianapolis, IN 46249–0160. However, all garnisheed as follows: legal process issued by German courts (i) Fifty percent of disposable pay will be processed under DODPM, sec- when a soldier is supporting a spouse tion 70710, when the soldier is stationed or dependent child who is not the sub- in the FRG. The documents must ex- ject of the support order. (See pressly state they pertain to child sup- § 584.8(a)(3) for an explanation of dispos- port or alimony. Also, the name and able pay.) social security number (SSN) of the (ii) Sixty percent of disposable pay soldier must be included. The submis- when a soldier is not supporting such sion of a divorce decree or support spouse or dependent child. order alone is not enough, as a garnish- (iii) An additional 5 percent in each ment order is required. of the above cases if payments are more than 12 weeks overdue. § 584.9 Involuntary allotments. (3) The items of pay listed in (a) General. Pub. L. 97–248 (42 U.S.C. § 584.8(a)(3)(i) are subject to garnish- 665) permits involuntary allotments ment except for amounts deducted for from pay and allowances of soldiers on the items listed in § 584.8(a)(3)(ii). active duty as child, or child and (i) Items of pay and bonus subject to garnishment. spousal, support payments when— (A) Basic pay. (1) The soldier has failed to make (B) Special pay (including enlistment payments under a court order for 2 and reenlistment bonuses). months or in a total amount equal to (C) Incentive pay. or in excess of the support obligations (D) Inactive duty training pay. for 2 months. (E) Academy officials pay (except (2) Failure to make such payments is personal money allowances). established by notice from an author- (F) Accrued leave payments (basic ized person to the Commander, pay portion only). USAFAC, ATTN: FINCL–G, Indianap- (G) Retired and retainer pay. olis, IN 46249–0160. An authorized per- (H) Lump-sum Reserve bonus. son is— (I) Separation payments (readjust- (i) Any agent or attorney of any ment pay and severance pay). State having in effect a plan approved (ii) Deductions not subject to gar- under part D of title IV of the Social nishment. Security Act (42 U.S.C. 651–664), who (A) Federal income tax withholding. has the duty or authority under the (B) State income tax withholding. plan to seek recovery of any amounts (C) Servicemen’s Group Life Insur- owed as child or child and spousal sup- ance. port (including, when authorized under (D) Social Security taxes (Federal In- a State plan, any official of a political surance Contributions Act). subdivision). (E) United States Soldier’s and Air- (ii) A court or agent of the court that men’s Home. has authority to issue an order against (F) Survivor Benefit Plan. the soldier for the support and mainte- (G) Retired Servicemen’s Family nance of a child. Protection Plan. (3) Such notice must give the sol- (H) Indebtedness to the United States dier’s full name and SSN. Also, it must and delinquent Federal taxes. list the name and address of the person (I) Fines and forfeitures ordered by a to whom the allotment is payable. The court-martial or commander. amount of the allotment will be the

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amount needed to comply with the sup- Inspector General Activities and Proce- port order. The allotment may include dures arrearages as well as amounts for cur- AR 140–1 rent support if provided for in the sup- Mission, Organization, and Training AR 340–2 port order. A copy of this must be in- Maintenance and Disposition of Records cluded with the notice. If proper, a for TOE Units and Certain Other Units of statement must be included that the the Army. support allotment qualifies for the ad- AR 340–18 ditional 5 percent in excess of the max- The Army Functional Files System imum percentage limitations. These AR 600–240 limitations are prescribed in 15 U.S.C. Marriage in Oversea Commands 1673. Also, a copy of the underlying AR 601–280 support order must be included with Army Reenlistment Program AR 608–3 the notice. An allotment under this Naturalization and Citizenship of Military provision will be adjusted or discon- Personnel and Dependents tinued only upon notice from an au- AR 608–61 thorized person. Application for Authorization to Marry (b) Procedures. No action will be Outside of the United States taken to set up an allotment until the AR 635–100 soldier has the chance to consult a Officer Personnel (Separations) legal assistance attorney. The purpose AR 635–200 of the meeting is to discuss the legal Enlisted Personnel (Separations) Misc Pub 8–1 and other factors involved with respect Joint Travel Regulations, Volume 1: Mem- to the soldier’s support obligation and bers of the Uniformed Services failure to make payments. If the soldier has not consulted with legal coun- Section III—Prescribed Forms sel, the allotment will start the first DA Form 5459–R end-of-month payday after 30 days have Authorization to Release Information from elapsed since notice was given to the Army Records on Nonsupport/Child Cus- affected soldier. tody/Paternity Complaints. (Cited in §§ 584.1(d)(5)(iv)(B), 584.1(f)(1), APPENDIX A TO PART 584—REFERENCE 584.2(1)(2)(iv), and 584.3(b)(2)(ii).) DA Form 5460–R Section I—Required Publications Request for Help in Receiving Support and/ AR 340–17 or Identification Cards for Family Mem- Release of Information and Records from bers. (Cited in § 584.2(1).) Army Files. (Cited in § 584.1(f)(2).) Section IV—Referenced Forms AR 340–21 The Army Privacy Program. (Cited in DA Form 2–1 § 584.1(f)(2).) Personnel Qualification Record-Part II AR 600–37 DA Form 2029–R Unfavorable Information. (Cited in Application for Authorization to Marry §§ 584.1(d)(5)(viii)(B) and 584.2(l)(5).) Outside of the United States AR 640–3 FS Form 240 Identification Cards, Tags, and Badges. Report of Birth Abroad of a Citizen of the (Cited in §§ 584.2(l)(1)(v) and 584.3(c)(3)(v).) United States Misc Pub 13–1 Form N–600 DOD Military Pay and Allowances Entitle- Application for Certificate of Citizenship ments Manual. (Cited In §§ 584.7a, 584.7(d) PS Form 3811 and 584.8(b).) Return Receipt, Registered, Insured, and Uniform Code of Military Justice Certified Mail (Cited In §§ 584.1(d)(5), 584.2(g)(4)(ii), 584.2(l)(2)(v)(B), and 584.3(b)(1)(ii).) GLOSSARY Section II—Related Publications Section I—Abbreviations A related publication is merely a source of ARNGUS additional information. The user does not Army National Guard of the United States have to read it to understand this regula- BAQ tion. Basic allowance for quarters AR 11–2 DA Internal Control Systems Department of the Army AR 20–1 DOD

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Department of Defense also includes any foreign nation court or ad- DODPM ministrative order recognized by treaty or Department of Defense Military Pay and international agreement. Court orders are Allowances Entitlements Manual presumed valid in the absence of evidence to FAO the contrary. Finance and accounting office FRG Family Member Federal Repubic of Germany HQDA For the purpose of this regulation only, a Headquarters, Department of the Army family member includes— ID cards a. A soldier’s present spouse. (A former Identification cards spouse is not a family member. However, ex- IG cept as otherwise indicated, the term ‘‘fam- Inspector general ily member’’ includes any former spouse for INS whom the soldier is required by any court Immigration and Naturalization Service order to provide financial support.) RCPAC b. A soldier’s minor children from present U.S. Army Reserve Components Personnel and former marriages, including children le- and Administration Center gally adopted by the soldier. (A family mem- SJA ber does not include the child of a soldier Staff Judge Advocate who has been legally adopted by another per- SSN son.) Social Security Number c. Minor children born out of wedlock to— UCMJ (1) A woman soldier. Uniform Code of Military Justice (2) A male soldier if evidenced by a decree USACFSC of paternity identifying the soldier as the fa- U.S. Army Community and Family Sup- ther and ordering the soldier to provide support Center port. USAFAC U.S. Army Finance and Accounting Center d. Any other person (for example, parent, USAR stepchild, etc.) for whom the soldier has an U.S. Army Reserve obligation to provide financial support under VHA the law of the domicile of either the soldier Variable Housing Allowance or the supported person.

Section II—Terms Financial Support Provision Arrearage The provision in a court order or separation agreement directing the soldier to pro- The total amount of money a soldier owes vide financial support to a family member on a family member for prior months in which a periodic basis. the soldier failed to comply with the minimum support requirements of this regula- Government Family Quarters tion. Any sleeping accommodations or family- Basic Allowance for Quarters type housing owned or leased by the U.S. Government. An amount of money prescribed and limited by law that a soldier receives to pay for Gross Pay quarters not provided by the Government. For support purposes, gross pay includes Child Custody Complaint basic pay and allowances to include special, A written or oral complaint by a family incentive, and other pay when received on a member, or a third party acting on behalf of monthly basis. Gross pay does not include a family member, that alleges that the sol- funds not received on a monthly basis (that dier is violating a court order granting cus- is, enlistment and reenlistment bonuses and tody of minor children to someone other accrued leave payments). Gross pay does not than the soldier. It also includes a complaint include wages from off-duty employment. by a mother of a child born out of wedlock against a soldier father who has abducted or Legal Assistance Attorney detained the child. Army lawyers designated to advise and assist soldiers and their families on family law Court Order matters. Such matters include marriage, di- As used in this regulation, court order in- vorce, adoption, paternity, child custody cludes all judicial and administrative orders problems, and support obligations. In the and decrees, permanent and temporary, context of this regulation, a legal assistance granting child custody, directing financial attorney also includes a lawyer retained by a support, and executing paternity findings. It soldier at his or her own expense.

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Minor Children 588.3 Explanation of abbreviations and terms. Unmarried children under 18 years of age 588.4 Responsibilities. who are not on active duty with the Armed 588.5 Authority. Forces. 588.6 Policy statements. Nonsupport Complaint 588.7 EEO counselor training. 588.8 Venue. A written or oral complaint by a family 588.9 Complaints involving the Secretary of member, or a third party acting on behalf of the Army or officials of the Office of the a family member, that alleges one of the fol- Secretary of the Army. lowing: 588.10 Complaints involving the Chief of a. Soldier is providing no financial support. Staff, Army; MACOM commanders; offi- b. Soldier is providing insufficient finan- cials of the Army Staff; and its Staff sup- cial support. port or field operating agencies. c. Soldier is failing to comply with— 588.11 Complaints involving the U.S. Army (1) An oral agreement, Civilian Personnel Center (CIVPERCEN). (2) A written support agreement, or (3) A court order that sets up a financial Subpart B—Individual Complaints of support requirement. Discrimination Soldier 588.12 Who may file a complaint? As used in this regulation, the term soldier 588.13 Precomplaint processing. includes commissioned officers, warrant offi- 588.14 Filing a formal complaint. cers, and enlisted personnel. 588.15 Criteria for acceptance. 588.16 Acceptance and rejection of formal Staff Judge Advocate complaints. The chief legal officer and his or her staff 588.17 Arranging for the investigation. who advise commanders on laws and regula- 588.18 Authority assigned to the USACARA tions affecting the command. Includes com- investigator. 588.19 Conducting the investigation. mand judge advocates and post judge advo- 588.20 Informal adjustment and offer of cates, but not legal assistance attorneys or hearing. attorneys assigned to the Trial Defense Serv- 588.21 MACOM review of proposed disposi- ice. tion. System of Records 588.22 Failure to carry out the terms of the adjustment. Any record under DA control from which 588.23 Request for Army decision without a information is retrieved by the name of the hearing. individual or by his or her SSN. 588.24 Arranging for a hearing. 588.25 The hearing. Variable Housing Allowance 588.26 Final Army decision. An amount of money prescribed by law 588.27 Avoiding delays. that a soldier receives to defray high housing 588.28 Canceling a complaint. costs in the continental United States. 588.29 Consolidation of complaints. 588.30 The complaint file. Written Support Agreement Any written agreement between husband Subpart C—Class Complaints of and wife in which the amount of periodic fi- Discrimination nancial support to be provided by the soldier 588.31 General guidance. spouse has been agreed to by the parties. A 588.32 Precomplaint processing. written support agreement may be contained 588.33 Filing a formal class complaint. in a separation agreement or property settle- 588.34 Designating the Army representative. ment agreement. Also, the support agree- 588.35 Criteria for acceptance. ment may be shown by letters exchanged be- 588.36 Acceptance, rejection, or cancellation tween the parties in which the amount of of the formal complaint. support has been agreed to by the parties. 588.37 Notification and opting out. 588.38 Avoiding delay. PART 588—EQUAL EMPLOYMENT 588.39 Developing evidence. 588.40 Resolution of the complaint. OPPORTUNITY DISCRIMINATION 588.41 Procedures for the hearing. COMPLAINTS 588.42 Final Army decision. 588.43 Corrective action. Subpart A—General Provisions 588.44 The complaint file. Sec. Subpart D—Miscellaneous Complaints 588.1 Purpose. 588.2 Prescribed forms. 588.45 Reprisal.

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588.46 Mixed cases. APPENDIX D TO PART 588—SAMPLE FORMAT— 588.47 Negotiated grievance procedure. AVENUES OF REDRESS FOR ARMY EMPLOY- 588.48 Election of forum. EES 588.49 Final decision under the negotiated APPENDIX E TO PART 588—SAMPLE FORMAT— grievance procedure. NOTICE OF INTERVIEW WITH EEO COUN- 588.50 General allegations of discrimina- SELOR tion. APPENDIX F TO PART 588—SAMPLE FORMAT— NOTICE OF RIGHT TO FILE A DISCRIMINATION Subpart E—Remedial Actions COMPLAINT APPENDIX G TO PART 588—SAMPLE FORMAT— 588.51 General guidance. NOTICE OF RECEIPT OF DISCRIMINATION 588.52 Remedial action involving an appli- COMPLAINT cant. APPENDIX H TO PART 588—NEGOTIATED SET- 588.53 Remedial action involving an em- TLEMENT AGREEMENT ployee. APPENDIX I TO PART 588—SAMPLE FORMAT— 588.54 Award of attorney fees and/or costs. NOTICE OF PROPOSED DISPOSITION OF DIS- 588.55 Informal no-fault settlement. CRIMINATION COMPLAINT APPENDIX J TO PART 588—PROCEDURAL STEPS Subpart F—Appeals and Civil Actions IN A CLASS ACTION DETERMINATION COM- PLAINT 588.57 Appealing an Army decision. APPENDIX K TO PART 588—ADDRESSES AND GE- 588.58 Review by the EEOC commissioners. OGRAPHIC JURISDICTION OF U.S. ARMY CI- 588.59 Civil actions. VILIAN APPELLATE REVIEW REGIONAL OF- FICES Subpart G—Participation by the Alleged APPENDIX L TO PART 588—SAMPLE FORMAT Discriminating Official FOR NOTICE OF FINAL ACTION APPENDIX M TO PART 588—ADDRESSES AND 588.60 General guidance. GEOGRAPHIC JURISDICTIONS OF EEOC DIS- 588.61 The ADO at the informal stage. TRICT OFFICES 588.62 The ADO during the USACARA inves- APPENDIX N TO PART 588—SAMPLE ADVICE— tigation. MIXED CASES 588.63 Informal adjustment and proposed APPENDIX O TO PART 588—GLOSSARY disposition. APPENDIX P TO PART 588—PRESCRIBED FORMS 588.64 The ADO at the hearing. 588.65 The final Army decision. AUTHORITY: 42 U.S.C. 2000e and 29 U.S.C. 621 588.66 Appeals to the EEOC. et seq. 588.67 Representing the ADO. SOURCE: 51 FR 4082, Jan. 31, 1986, unless 588.68 The ADO’s role in class complaints of otherwise noted. discrimination. 588.69 Conflicts of interest. Subpart A—General Provisions

Subpart H—Witnesses, Representation, § 588.1 Purpose. Administrative Procedures, and Reports This regulation prescribes policies 588.70 Arranging for witnesses. and procedures for filing, processing, 588.71 Complaintant’s and class agent’s rep- investigating, and settling Equal Em- resentative. ployment Opportunity (EEO) com- 588.72 Representing the Army in individual plaints. The processing of all EEO com- complaints. 588.73 Representing the Army in class complaints filed by civilian Army employ- plaints. ees or applicants for employment will 588.74 Using official time. be governed by this regulation. This 588.75 Hearing arrangements. regulation will be revised to reflect 588.76 Complaint file. changes made by the EEOC in its regu- 588.77 Complaints reporting. lations and/or through the issuance of 588.78 Disposition of complaints of discrimi- new or revised directives. nation. 588.79 Travel and other costs. § 588.2 Prescribed forms. APPENDIX A TO PART 588—STEPS IN INDIVID- The following forms are contained in UAL COMPLAINTS OF DISCRIMINATION appendix P to this part. APPENDIX B TO PART 588—STEPS IN CLASS COMPLAINTS OF DISCRIMINATION (a) DA Form 2590–R, Formal Com- APPENDIX C TO PART 588—PROCEDURAL STEPS plaint of Discrimination. IN AN INDIVIDUAL DISCRIMINATION COM- (b) DA Form 5492–R, Precomplaint PLAINT Counseling Data Sheet.

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(c) DA Form 5493–R, Individual Com- (1) Conduct investigations of civilian plaint Data Sheet. employee complaints of discrimina- (d) DA Form 5494–R, Class Complaint tion. Data Sheet. (2) Prepare reports of findings includ- (e) DA Form 5495–R, Chronology of ing recommendations on corrective ac- Individual EEO Complaint. tions to be taken by the activity. (f) DA Form 5496–R, Chronology of (d) The Civilian personnel Officer Class EEO Complaint. (CPO) will— (g) DA Form 5497–R, Disposition of (1) Ensure that EEO officers, EEO Complaint of Discrimination. counselors, and investigators are given appropriate access to personnel records § 588.3 Explanation of abbreviations and copies of records relevant to the and terms. complaint without an inordinate inva- Abbreviations and special terms used sion of privacy. in this regulation are explained in ap- (2) Perform personnel regulatory re- pendix O. views and technical support to labor counselors, EEO counselors, and EEO § 588.4 Responsibilities. officers. (a) The Army Director of Equal Em- (e) The Activity Commander respon- ployment Opportunity, referred to in 29 sible for the discrimination complaint CFR 1613.204, will be designated by the program for all serviced and tenant or- Secretary of the Army to set EEO pol- ganizations. icy. This individual will ensure that— (1) Ensure that sufficient resources (1) Army programs conform to this are available to EEO program official policy. to manage and operate the discrimina- (2) Adequate resources are available tion program effectively. to implement the Army’s EEO pro- (2) Ensure that supervisors and man- gram. agers understand and meet their re- (3) A system to process EEO com- sponsibilities in the discrimination plaints exists. complaint program. (b) The Director of Equal Employ- (3) Stress the need for prompt proc- ment Opportunity Compliance and essing and informal resolution of dis- Complaints Review Agency (EEOCCRA) crimination complaints. will— (1) Develop Army policy and pro- (4) Ensure that management is ade- grams to process discrimination com- quately represented at all steps in the plaints. complaint procedure where representa- (2) Manage and operate the Army dis- tion is authorized. crimination complaint system for indi- (5) Make timely recommendations vidual and class complaints from Army and decisions on complaints of dis- civilian employees and applicants. crimination and awards of attorney (3) Process and prepare final Army fees. decisions on individual and class com- (6) Ensure that Army and EEOC deci- plaints of discrimination for approval sions are implemented promptly. by the Secretary of the Army or his or (7) Ensure that the following infor- her designee. mation is regularly publicized and per- (4) Process requests from the EEOC manently posted on official bulletin for case files on complaints that are boards, with easy access to all employ- appealed to EEOC. ees and to applicants for employment (5) Receive and implement appellate with the Army: decisions rendered by EEOC and proc- (i) The name and address of the Army ess requests for reopening and recon- Director of Equal Employment Oppor- sidering EEOC decisions. tunity. (6) Provide guidance to subordinate (ii) The names, addresses, and tele- Army activities on the discrimination phone numbers of the activity EEO of- complaint system. ficials, including the EEO officer and (c) The Administrator of the U.S. EEO counselors. Army Civilian Appellate Review Agen- (iii) Where applicable, a list of the or- cy (USACARA) will— ganization each counselor services.

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(iv) A statement that a counselor copies of records relevant to the com- must be consulted before a formal dis- plaint, without an unwarranted inva- crimination complaint is filed under sion of privacy. this regulation. (Where applicable, em- (6) Make the final decision on behalf ployees should also be advised that dis- of the Secretary of the Army to reject, crimination may be grieved under the in whole or in part, individual com- negotiated grievance procedure or plaints at the activity; also accepts through Merit Systems Protection complaints provisionally subject to Board (MSPB) appellate procedures.) final decision by the Secretary of the (v) The time limits to start action Army or his or her designee. and to file and process a complaint (7) Ensure that complaints are proc- under this regulation. When applicable, essed promptly and that all require- employees should also be advised of ment for precomplaint counseling and time limits for filing allegations of dis- for processing complaints of discrimi- crimination under the negotiated nation are met. grievance procedure or MSPB appellate (8) Ensure that every reasonable ef- procedures. fort is made to reach an informal reso- (f) The major Army command lution of the complaint. He or she will (MACOM) EEO officer will— advise the Activity Commander on pro- (1) Advise the MACOM commander on posed dispositions. the resources required in the command (9) Arrange for USACARA investiga- to manage the discrimination com- tions, EEOC hearings and provide for plaint program effectively. court reporters, making sure that the (2) Ensure that the EEO complaint EEOC complaints examiner is correctly processing program is operated effec- advised to direct his or her report to tively and efficiently throughout the EEOCCRA and that the correct number MACOM. of transcripts are ordered. (3) Ensure that reports and files are (10) Ensure that all copies of case submitted accurately and promptly. files misdirected to the installation by (4) Make on-site evaluations of activ- complaints examiners are returned to ity level effectiveness and give staff as- the complaints examiner with instruc- sistance as needed. tions to send the files to EEOCCRA. (5) Ensure that all time limits set (11) Send legible copies of complaint forth in this regulation are met. files to EEOCCRA as fast as possible. (g) The activity EEO officer will— (12) Prepare and submit the required (1) Manage the Activity complaint reports. processing program and advise the Ac- (13) Maintain and safeguard com- tivity Commander on EEO matters plaint files. that require his or her attention. (h) The EEO counselor will— (2) Advise the Activity Commander (1) Advise complainant and manage- to ensure that adequate resources are ment officials of their rights, inquire available in the activity to manage the into allegations of discrimination complaint program effectively. raised under this regulation, and try to (3) Recommend the Availability or resolve discrimination complaints at adequate EEO counselors to provide ef- the precomplaint stage. fective counseling services. As a guide, (2) Keep records indicating when the there should be one counselor for about aggrieved person first contacted the every 500 serviced employees. This counselor. These records will document ratio may vary depending on local the inquiry methods used to reach a so- need. lution and the result of the inquiry. (4) Supervise EEO counselors to en- Such records will provide specific facts sure that they perform effectively and to be included in the counselor’s writ- are trained in all phases of complaint ten report to the EEO officer upon processing. Refer to assign EEO coun- completion of counseling. selors for precomplaint counseling. (i) The servicing legal officer/Staff (5) Ensure that counselors and inves- Judge Advocate (SJA) will— tigators are given administrative and (1) Provide legal advice on EEO mat- logistical support, including appro- ters to the Activity Commander, the priate access to personnel records and CPO, and EEO officials.

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(2) Act as the Army’s activity-level plaints will be free from restraint, in- legal representative in hearings on interference, coercion, harassment, dis- dividual complaints and in class action crimination, and reprisal. proceedings. (b) A discrimination complaint will (3) Review for legal sufficiency, as re- be processed with due regard for the quested, proposed informal adjust- rights of persons against whom allega- ments or settlement agreements, pro- tions have been made. posed disposition letters, and final de- (c) Complaints will be processed cision letters. promptly and impartially. (4) Advise the Activity Commander (d) Complaints should be resolved at regarding settling claims of attorney the earliest possible stage; informal fees and costs. The counselor will for- resolution can occur at any stage of ward with analysis and recommenda- processing. Early resolution of com- tions to the Department of the Army plaints achieves better employee rela- (DA), through the Labor and Civilian tions, cuts administrative costs, and is Personnel Law Office (DAJA-LC), Of- consistent with the Army’s commit- fice of the Judge Advocate General, for ment to equal employment oppor- final decision, all claims for attorney tunity. fees and/or costs that are not settled at (e) This regulation does not affect the activity level. (See§ 588.54) the rights granted unions that have ex- (j) Managers and supervisors will act clusive recognition in the Army. Fur- promptly to prevent or correct situa- ther, this regulation is not intended to tions that may give rise to complaints affect the rights of an employee rep- of discrimination. All members of the resented by such a union from exercis- work force will refrain from actions or ing the option to file— comments that might be viewed as dis- (1) A discrimination complaint under criminatory. Supervisors will allow this regulation. employees with collateral EEO duties enough duty time to perform their EEO (2) A grievance under a negotiated functions. They will also ensure that, procedure. at the precomplaint and the formal (3) An appeal under the appellate pro- stages of the complaint, complainants visions of the MSPB regulations. and their representatives are allowed (4) Sufficient resources, in terms of to use a reasonable amount of duty personnel and funds, will be made time to work on their complaints. available at all levels of command to Managers, supervisors, and employees assure the success of the Army’s Equal must cooperate fully with counselors, Opportunity Program. EEO officers, investigators, and exam- (5) Suspenses imposed by this regula- iners. tion are purely administrative and were established by the EEOC and the § 588.5 Authority. Army. They are designed to encourage This regulation implements the di- prompt resolution of complaints. Fail- rectives of the Equal Employment Op- ure to meet such a suspense will not portunity Commission which is nullify any administrative proceeding. charged by statute with the enforce- All ‘‘days’’ referred to in this regula- ment of equal employment opportunity tion are calender days. in the Federal Government. Discrimi- nation complaints filed under this reg- § 588.7 EEO counselor training. ulation are processed under the guid- All EEO counselors will be given the ance of EEOC regulations contained in required training as soon as possible part 1613 of title 29, Code of Federal after their appointment, within time Regulations (29 CFR part 1613). This limits set by the major command. regulation will be revised to reflect Training will at least include comple- changes in EEOC directives and regulation of the basic EEO counseling course tions. given by regional offices of the Office of Personnel Management or any com- § 588.6 Policy statements. parable course, and courses in EEO and (a) Persons who take part in present- civilian personnel management, as ap- ing or processing discrimination com- propriate. Additional and refresher

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training will be determined by com- (2) A copy of the acknowledgment or mand policy. All Army training should receipt. stress the Army policy to seek infor- (3) A recommendation as to the ac- mal resolution at the earliest possible ceptance or rejection of the complaint, stage of complaint. along with an analysis in support of the recommendation. § 588.8 Venue. (4) A copy of the EEO counselor’s re- EEO complaints will generally be port. processed at the activity where the alleged discrimination occurred. The § 558.10 Complaints involving the Chief of Staff, Army; MACOM com- complaint may be processed at a dif- manders; officials of the Army Staff; ferent location designated by the and its Staff support or field oper- MACOM EEO officer if processing is ating agencies. impractical at the activity where the (a) Precomplaint counseling that in- alleged discrimination occurred. (See volves the Chief of Staff, Army; §§ 588.9 and 588.69) MACOM commanders; official of the Army Staff; or its Staff support and § 588.9 Complaints involving the Sec- retary of the Army or officials of field operating agencies (unless these the Office of the Secretary of the activities have been designated to be Army. serviced by an EEO officer other than the EEO officer for the Military Dis- (a) Precomplaint counseling that in- trict of Washington (MDW), will be co- volves official at the Secretary of the ordinated with the EEO officer for Army level will be coordinated with MDW regardless of where in the Army the EEO officer, Office of the Secretary the counseling may arise. The EEO of- of the Army, regardless of where in the ficer at the activity where the ag- Army the counseling may arise. The grieved person is employed, or has ap- EEO officer at the activity where the plied for employment, will be respon- aggrieved person is employed or has ap- sible for ensuring that local counseling plied for employment will be respon- is conducted in accord with §§ 588.13 and sible for ensuring that local counseling 588.32, and that the required coordina- is conducted in accord with §§ 558.13 and tion is accomplished before the activ- 588.32. The coordination will be accom- ity EEO counselor conducts the final plished before the activity EEO coun- interview. Coordination may be on an selor conducts the final interview. Co- informal basis using the most expedi- ordination may be on an informal basis tious means of communication. using the most expeditious means of (b) Formal complaints that involve communication. actions actually taken by the Chief of (b) Formal complaints that involve Staff, Army; MACOM commanders; of- actions taken by the Secretary of the ficials of the Army Staff; or its Staff Army or an official of the Office of the support and field operating agencies Secretary of the Army will be for- (unless these activities have been des- warded for acceptance and processing ignated to be serviced by an EEO offi- to the EEO officer, Office of the Sec- cer other than the MDW EEO officer), retary of the Army, regardless of where will be forwarded for acceptance and in the Army they arise. The activity processing to the MDW EEO officer, re- EEO officer will issue a letter to the gardless of where in the Army the complainant acknowledging receipt of counseling may arise. The letter must the complaint and informing the com- state that such acknowledgment does plainant of the referral to the Office of not constitute acceptance of the com- the Secretary of the Army. The letter plaint. The Activity EEO officer must must state that such acknowledgment forward to the EEO officer, MDW, the does not constitute acceptance of the following documents: complaint. The activity EEO officer (1) The complaint. must forward to the EEO officer, Office (2) A copy of the acknowledgment of of the Secretary of the Army, the fol- receipt. lowing documents: (3) A recommendation as to the ac- (1) The complaint. ceptance or rejection of the complaint,

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along with an analysis in support of duced locally and given to the com- the recommendation. plainant.) (4) A copy of the EEO counselor’s report. § 588.13 Precomplaint processing. (a) Before a formal complaint can be § 588.11 Complaints involving the U.S. filed, the complainant must first Army Civilian Personnel Center (CIVPERCEN). present the matter to an EEO counselor for inquiry within 30 calendar (a) The Chief, CIVPERCEN will days from the date of the alleged dis- render the proposed disposition if a criminatory event, the effective date of complaint challenges all of the follow- a personnel action, or the date that the ing: aggrieved person became aware or rea- (1) The rating, ranking, and referral sonably should have become aware, of process at the Army-wide referral the discriminatory event or personnel level. action. Matters raised after the 30-day (2) Actions taken by DA Career Pro- time limit will be counseled by the gram administrators and/or Career EEO counselor even though a formal Program screening panels. complaint may later be rejected for un- (3) The complainant was not included timeliness. on the referral list. (b) At the initial interview, the EEO (b) The Activity Commander respon- counselor will inform the aggrieved sible for the nonselection will render person of the following matters: the proposed disposition if a complaint (1) The aggrieved person may be ac- challenges all of the following: companied, represented, and advised at (1) The rating, ranking, and referral all counseling interviews by a rep- process at the Army-wide referral resentative designated in writing in ac- level. cord with § 588.71. (2) Actions taken by DA Career Pro- (2) The aggrieved person will waive gram administrators and or Career the right to file a formal complaint Program screening panels. under this regulation and its proce- (3) The complainant was included on dures if he or she files or has already the referral list but not selected. filed a grievance on the same allega- (c) Pertinent information will be pro- tions of discrimination under a nego- vided by CIVPERCEN or other DA level tiated grievance procedure or an appeal referral offices, as appropriate, to in- with the MSPB. The counselor will clude in the Activity Commander’s pro- give the aggrieved person a handout posed disposition. similar to that contained in Appendix D which informs the individual of the Subpart B—Individual Complaints other procedures available for filing al- of Discrimination legations of discrimination. If the aggrieved person has already filed an ap- § 588.12 Who may file a complaint? peal with the MSPB or a written griev- Any employee, former employee, or ance under a negotiated procedure on applicant for employment covered by the same issue, the EEO officer will re- this regulation, who believes he or she ject a formal complaint under this reg- has been discriminated against because ulation. of race, color, religion, sex, national (3) The counselor will not reveal the origin, physical or mental handicap, aggrieved person’s identity to anyone age, and/or reprisal in an employment unless the aggrieved person gives writ- matter subject to the control of the ten permission or a formal complaint is Army, may file an individual com- accepted. plaint of discrimination. The com- (4) The counselor will define and plaint may also be filed for the com- record the dates and facts of the spe- plainant, by a representative des- cific incidents or personnel actions ignated in writing by the complainant. that are the basis of the discrimination (The summarized, step-by-step com- complaint. The aggrieved person must plaint procedure at appendix A and the cooperate with the counselor in clearly flow chart at appendix C may be repro- defining issues for investigation.

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(5) If the aggrieved person believes first called to the counselor’s atten- that a particular person discriminated tion, absent extraordinary cir- against him or he, then that individual cumstances that must be documented may be identified as the alleged dis- by the counselor. At that time, the criminating official (ADO). counselor will tell the aggrieved person (6) If an EEO counselor has filed a of the results of the inquiry and discuss discrimination complaint individually proposed solutions. Upon completion of or as a class agent then, at the discre- the final interview, the counselor tion of the activity EEO officer, he or will— she may be precluded from counseling (i) Inform the aggrieved person, in any other person concerning a com- writing, of the right to file a formal plaint until that counselor’s complaint complaint within the next 15 calendar is resolved by a final Army decision days. This formal notice should be and all appeals have been exhausted. given to the aggrieved person by the An activity EEO officer may preclude use of the sample letter in Appendix E. an EEO counselor from counseling The counselor must not try to influ- based on actual or perceived conflict of ence the aggrieved person on whether interest. or not to file a formal complaint and (c) The EEO counselor’s duties during must emphasize that the decision to inquiry are as follows: file rests solely with the aggrieved per- (1) The counselor will inquire into son. the specific incidents and actions (ii) Stress that a formal complaint indentified by the aggrieved person at must give specific information on the the initial interview. The counselor alleged acts of discrimination and should interview persons who can give must be limited to the issues discussed direct information on the allegations. with the counselor in the precomplaint If the aggrieved person has named an procedure. A formal complaint that is ADO or an ADO is otherwise identified, not specific or does not define the is- the counselor must interview that per- sues will be returned for clarification son unless the counselor has informa- and canceled if not properly defined. tion that clears the ADO from any al- (iii) Inform the aggrieved person that leged discrimination to the satisfac- he or she must inform the EEO officer tion of the aggrieved person. Before immediately in writing if legal counsel any interview with an ADO, the coun- or any other representative is retained selor must advise that individual of his for a formal complaint. (See § 588.71) or her rights and the nature of the ac- (2) If the final interview is not held cusations in accord with § 588.61. within 21 calendar days of initial con- (2) The counselor’s inquiry should be tact with the EEO counselor and if the designed to obtain only that informa- matter has not previously been re- tion necessary to reach an informal solved to the satisfaction of the ag- resolution of the aggrieved person’s al- grieved person, the counselor will in- legations. Usually such inquiries are to form the aggrieved person in writing, be completed within a matter of days. in the 21st day, of the right to file a The inquiry should not be as extensive formal complaint of discrimination. as an investigation under § 588.19. The (See appendix F.) The counselor must counselor should function as a medi- not try to influence the aggrieved per- ator between the aggrieved person and son on whether or not to file a formal management and should seek a reason- complaint and must emphasize that able informal resolution. the decision to file rests solely with (3) The counselor should prepare a the aggrieved person. written report of all actions taken dur- (3) Upon completion of counseling, ing the inquiry and of the advice, if the counselor will prepare a written re- any, given to the aggrieved person and port of all actions taken during the in- the activity. quiry, and of the advice, if any, given (d) The EEO counselor’s duties at the to the aggrieved person and to manage- final interview are as follows: ment. The counselor will provide this (1) The counselor should conduct the report to the EEO officer along with a final interview with the aggrieved per- copy of the written Notice of Final son within 21 days after the matter was Interview. The EEO counselor will also

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complete DA Form 5492–R (iv) Director of Equal Employment (Precomplaint Counseling Data Sheet) Opportunity. and appropriate portions of DA Form (v) Secretary of the Army. 5493–R (Individual Complaint Data (2) All activity publication will re- Sheet). The DA Form 5492–R will be quest the complainant to submit a prepared for each reportable contact at copy of his or her complaint to the ac- the time the Notice of Final Interview tivity EEO officer regardless with is issued. These documents will be sub- whom it is filed. Anyone other than the mitted to the EEO officer along with activity EEO officer who receives a his or her report. DA Form 5492–R and complaint will immediately transmit DA Form 5493–R will be reproduced lo- the complaint to the activity EEO offi- cally on 8 1⁄2- by 11-inch paper. cer, indicating the date of receipt of (e) All Army personnel will fully co- the complaint if it is not postmarked. operate with and support the EEO EEO counselors should encourage ag- counselor in the performance of his or grieved persons to submit their com- her duties under this regulation. The plaints to the activity EEO officer to EEO counselor will be free from re- assure timely processing. straint, interference, harassment, coer- (3) A formal complaint is deemed cion, discrimination, or reprisal in con- filed on the date that it is postmarked nection with the performance of his or or, if there is no postmark, on the date her duties. it is received by one of the officials listed in c(1) above. The activity EEO § 588.14 Filing a formal complaint. officer will acknowledge receipt of the (a) A formal complaint must be filed formal complaint in writing. (See Ap- within 15 calendar days after the date pendix G.) of receipt of the notice of final inter- (4) Upon receipt of the formal com- view with the EEO counselor. The for- plaint, the EEO officer will indicate mal complaint must be filed in writing the MACOM against which the com- by the complainant. If vague or general plaint is filed, code the matters giving allegations are contained in the com- rise to the complaint, ensure the DA plaint, the complainant will be given Form 2590–R is completed, and imme- an opportunity to provide specific in- diately submit one copy of the com- formation that will clearly define the pleted DA Form 2590–R to EEOCCRA. issues. If specific information is not provided, the vague or general allega- § 588.15 Criteria for acceptance. tions of the complaint will be canceled (a) A complaint will be accepted by for failure to prosecute. the EEO officer (subject to final deci- (b) Complaints should be submitted sion by the Secretary of the Army or on DA Form 2590–R (Formal Complaint his or her designee) unless the com- of Discrimination). Complaints submit- plaint contains one or more of the fol- ted in letter form, while not preferred, lowing: will be accepted if they meet the other (1) Refers to a situation over which requirements of this regulation. How- the Army has no jurisdiction. ever, in this situation, the EEO officer (2) Is not based on the complainant’s will complete a DA Form 2590–R and race, color, religion, sex, age, national attach it to the letter. DA Form 2590– origin, physical or mental handicap, R will be reproduced locally on 81⁄2- by and/or reprisal. Complaints of discrimi- 11-inch paper. A copy of DA Form 2590– nation because of age are accepted only R is located at the back of this regula- if the complaint was at least 40 years tion. of age when the action complained of (c) Persons to whom complaints may occurred. be submitted are as follows: (3) Sets forth matters identical to (1) A formal complaint may be sub- those in a previous complaint filed by mitted to the Army official listed the same complainant and which has below: been, or is being, processed. (i) Activity EEO officer. (4) Sets forth matters identical to (ii) Activity Commander. those in a grievance filed in writing by (iii) Federal Woman’s Program Man- the same complainant under a nego- ager. tiated grievance procedure.

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(5) Sets forth matters which also (1) The EEO officer may ask the com- form the basis of an appeal filed before plainant to give more specifics on alle- the MSPB by the same complainant. gations or meet with the EEO coun- (6) Is untimely. selor on a matter not previously dis- (i) The matters in a complaint must cussed in the precomplaint counseling. have been brought to the attention of (2) The EEO officer may cancel a an EEO counselor within 30 calendar complaint for failure of the complain- days after the incident, effective date ant to prosecute his or her complaint if of a personnel action, or the date the the complainant does not provide the aggrieved person became aware of rea- needed information to the EEO officer sonably should have been aware, of the in the time specified. discriminatory event of personnel ac- (c) The EEO officer will decide tion. whether to accept or reject a complaint (ii) Formal complaints must be filed in whole on in part. When appropriate, within 15 calendar days after receipt of the EEO officer will coordinate accept- the Notice of Final Interview. ance or rejection of a complaint with (iii) The Activity Commander or his the labor counselor. The acceptance of or her EEO officer will waive the time any complaint shall always be condi- limits of this paragraph if the com- tioned upon the final decision of the plainant can show either— Secretary of the Army or his or her (A) That he or she was not notified of designee in accord with § 588.15(b). the time limits and was not otherwise (d) The EEO officer will provide the aware of them. complainant and his or her representa- (B) That he or she was prevented by tive, if any, a written decision within 5 circumstances beyond his or her con- calandar days after the complaint is re- trol from submitting the matter within ceived. The decision will be either the time limits of this section. hand-delivered to the complainant or (C) The time limits of this paragraph sent by certified mail. The complain- may be waived for reasons deemed suf- ant must acknowledge receipt of the ficient at the discretion of the Activity decision in writing. The decision must Commander or his or her designee. specify which allegations or parts of a (D) The letter accepting the com- complaint were accepted and explain plaint will state the specific basis for the grounds for any rejection or can- any waiver of time limits. cellation. The decision will also advise (b) The Secretary of the Army or his the complainant of the right to appeal or her designee reserves the right to re- the rejections or cancellations. ject a complaint previously accepted (e) If a complaint has been rejected by an EEO officer when making the in whole or in part, the EEO officer final Army decision on the Basis of one will process the closure in accord with or more of the grounds specified in a § 588.69(b). The case file will be retained above. by the EEO officer for 2 years from the date of the final Army decision or until § 588.16 Acceptance and rejection of all administrative and judicial appeals formal complaints. are exhausted, whichever is longer. (a) As soon as the EEO officer accepts (f) If any part of a complaint is ac- a formal complaint, he or she will give cepted by the EEO officer, a copy of the a copy of the EEO counselor’s written complaint will be sent directly to the report on the precompliant counseling appropriate USACARA Regional office to the complainant. The original report by the EEO officer requesting the as- will be kept in the complaint file. signment of an investigator and citing (b) The EEO officer will review the applicable funds for payment of travel complaint against the criteria of and per diem. As indicated in § 588.17 § 588.15 and determine which allega- the transmittal letter will identify the tions should be accepted or rejected. part(s) of the compliant which have The EEO officer will ensure that the been accepted for investigation. complainant was informally counseled (g) Immediately upon acceptance of a on each matter accepted in the formal formal complaint, the Activity Com- complaint. mander should designate the activity

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labor counselor as the Army represent- (d) To avoid the appearance of impro- ative. An ADO may not serve as an priety, no activity personnel, to in- Army representative. At the request of clude EEO, CPO, management, or labor the labor counselor, the Activity Com- personnel will express an opinion re- mander may also appoint a personnel garding perceived merits of a com- specialist or other activity personnel plaint, or lack thereof, with the to assist the labor counselor. USACARA investigator. However, activity personnel may disclose facts § 588.17 Arranging for the investiga- that would assist the USACARA inves- tion. tigator at any time prior to the com- (a) Within 3 calendar days after ac- pletion of the investigation and receipt ceptance of a formal complaint, the of the USACARA Report of Investiga- EEO officer will request the assign- tion (ROI). ment of a USACARA investigator. (See appendix K.) A copy of the request let- § 588.18 Authority assigned to the ter without enclosures will be provided USACARA investigator. to the complainant, his or her rep- By designation of the Secretary of resentative, and the labor counselor. the Army, USACARA investigators are The request must contain the following authorized to act as shown below. information: (a) Investigate all aspects of a com- (1) A clear statement of the issues plaint. This includes reviewing and that were accepted. copying all records judged by the inves- (2) A statement of the parts of the tigator to be pertinent to the inves- complaint that were rejected. tigation. Classified documents may be (3) The complainant’s organization, examined only by an investigator who work location, mailing address, and possesses the appropriate security telephone numbers (both AUTOVON clearance. and commercial). (b) Require all Army personnel to (4) The complainant’s designation of copperate with the investigator in con- a representative, including the rep- ducting the investigation. resentative’s work and mailing ad- (c) Require Army personnel who have dresses and telephone numbers (both any knowledge of the matter com- AUTOVON and commercial). plained of to furnish testimony under (5) A fund citation for travel and per oath or affirmation without a pledge of diem. confidence, unless this testimony (6) A specific point of contact within would result in self-incrimination. the activity EEO office. (d) Administer oaths. (7) Legible copies of the following (e) Issue an ROI containing conclu- documents: sions and recommendations. (i) The formal complaint. (ii) The EEO counselor’s report. § 588.19 Conducting the investigation. (iii) Any relevant documents. The investigator— (b) The EEO officer or a designee will (a) Collects facts and develops infor- arrange for the investigator’s visit. mation on each accepted allegation in This may include— the Complaint and reviews the cir- (1) Arranging for quarters and trans- cumstances under which the discrimi- portation. nation is alleged to have taken place. (2) Providing a private office, clerical The investigator does not have the au- help, and access to a telephone. thority to expand the scope of the in- (3) Making sure that all named wit- vestigation to include any charges of nesses and ADO’s are readily available. allegations that were not included in (4) Giving the investigator any other the formal complaint or for which administrative help needed to conduct precomplaint counseling was not given. an efficient investigation. The obligation of the investigator to (c) The EEO officer should provide collect facts and develop information the labor counselor with at least 10 does not lessen the responsibility of days advance notice of the dates, time, the complainant and management to and location of the USACARA inves- prepare, present, and explain their po- tigation. sitions as the disputes.

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(b) Administers oaths and obtains § 588.20 Informal adjustment and offer statements from witnesses under oath of hearing. or affirmation. The investigator deter- (a) The EEO officer will thoroughly mines the witnesses whose testimony review the ROI to ensure that the ADO is necessary to the investigation and was given an opportunity to respond to interviews and obtains affidavits from each allegation as described in only these witnesses whose testimony § 588.62(c) and that the investigation is is necessary to the investigation and comprehensive and adequately address- interviews and obtains affidavits from es all issues accepted in the complaint. only these witnesses. Affidavits are in- The EEO officer may return an ROI to cluded in the investigative file only if USACARA for further investigation if the investigator deems the testimony the ROI is inadequate. The EEO officer relevant and necessary. The investiga- will specify the additional issues to be tor documents for the record the rea- investigated or evidence to be gathered. son any witness identified by the com- (b) Within 5 calendar days after re- plainant or by management was not ceipt of the USACARA ROI, the EEO interviewed and the reason evidence officer will send a complete copy of the that was offered was not accepted. USACARA ROI to the complainant and (c) Gives the ADO, if named or identi- his or her representative, if any, with fied, full opportunity to review docu- an offer to meet and discuss an infor- ments and respond to all allegations mal adjustment of the complaint. The made against him or her in accord with ROI may be sent by certified mail, re- § 588.62. turn receipt requested, or be personally (d) Collects and analyzes information delivered by an Army official. If the on how members of the complainant’s ROI is personally delivered, the com- group are treated compared to other plainant and the representative will ac- employees in the organization where knowledge receipt in writing. If the the discrimination is alleged to have complainant or the representative de- occurred. This information may in- clines to sign a receipt, the server will clude, for instance, statistical data on sign and indicate to whom and when promotions, disciplinary actions, the ROI was served. The receipt will be awards, or other personnel actions. filed in the complaint file. (c) If the complainant agrees, an ad- (e) Investigates work policies and justment meeting should be held with- practices relevant to the accepted alle- in 10 calendar days after receipt of the gations of the complaint. USACARA ROI by the EEO officer. The (f) Collects information needed to re- Activity Commander, or a designee, view the merit of mixed case issues should consult with the EEO officer, that are included under § 588.46. the labor counselor, and the CPO, on (g) Is independent of control by any the proposed terms of the adjustment. of the parties to the complaint, but is The adjustment meeting should be ac- entitled to the full cooperation of all complished by the least costly method parties and their representatives. while protecting the rights of the com- (h) Sends the ROI to the EEO officer, plainant. Adjustment meetings may be with a copy of the report without at- conducted by conference call or cor- tachments to the EEO officer at the respondence if the concerned parties next higher level of command within 45 are not readily available. The com- days after assignment of the case. This mander or a designee may also consult 45–day time limit is purely administra- the ADO on the subject. Offers of set- tive in nature. Failure to process a tlement and the details of negotiations USACARA investigation within this about settlement offers will not be included in the complaint file. time frame will not prevent the admin- (d) If a tentative settlement is istrative processing of any complaint reached, its proposed terms are coordi- of discrimination. Included in the file nated by the EEO officer with the labor are the investigator’s findings and rec- counselor and the CPO as appropriate ommendations and other relevant doc- before it is finalized. It is then signed uments as described in § 588.76. by the complainant and the Activity

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Commander, or a designee, and made are specificially provided for in this part of the complaint file. A copy of paragraph, the activity should con- the terms of the settlement will be tinue to be alert to the possibility of given to the complainant, his or her adjustments at any stage of the com- representative, and the ADO. (See ap- plaint process. pendix H.) (e) An informal adjustment may in- § 588.21 MACOM review of proposed clude an award of attorney fees and/or dispositions. costs if there was a finding or admis- When a USACARA investigator rec- sion of discrimination. (See § 588.55 for ommends a finding of discrimination special procedures on no-fault settle- and the Activity Commander rejects ments without a finding or admission that recommendation in favor of a proof discrimination.) If the parties agree posed disposition finding no discrimi- on an adjustment of the complaint, but nation, that proposed disposition cannot agree on the issue of attorney (along with the complaint file) will be fees and/or costs, that issue will be forwarded to the Activity Command- handled separately. The issue of attor- er’s MACOM commander for review. ney fees and costs will then be the sub- The MACOM review will be performed ject of the final decision by the Sec- within 30 calendar days after the issu- retary of the Army or his or her des- ance of the proposed disposition. The ignee. (See § 588.51 for guidance.) MACOM commander’s review of the (f) If the complainant does not agree proposed disposition will be made a to meet, or if an adjustment is not part of the complaint file. The MACOM reached, the Activity Commander will review will be performed concurrent give the complainant a Notice of Pro- with the processing of a complaint for posed Disposition of Discrimination a hearing in accord with § 588.24 or as Complaint with a copy furnished to the part of the processing of a complaint ADO. (See appendix I.) The notice, for an Army decision without a hearing which must first be reviewed by the in accord with § 588.16. labor counselor for legal sufficiency, will— § 588.22 Failure to carry out the terms (1) Indicate the date a meeting was of the adjustment. held to attempt adjustment or that the If the activity does not carry out, or complainant refused to meet. if it cancels, any action specified by (2) Notify the complainant of his or the adjustment, for any reason not due her right to a final Army decision with to acts or conduct of the complainant, or without a hearing, and of the 15-cal- the complaint will be reinstated for endar-day time limit to make the re- further processing at the written request. Decisions regarding attorney quest of the complainant. The com- fees and/or costs will be made in accord plaint should be reinstated at the point with §§ 588.54 and 588.55. where processing stopped. If the Activ- (3) Contain an analysis of the case ity Commander determines that the and the rationale for the proposed dis- terms of the adjustment have been im- position. plemented, a decision declining to rein- (4) Be issued within 20 calendar days state the complaint will be issued. Doc- of receipt by the EEO officer of the uments evidencing implementation USACARA ROI. will be attached to the decision with an (g) If the complainant does not re- advisement of appeal rights to the spond within 15 calendar days from re- EEOC. ceipt of the Notice of Proposed Disposi- tion, the Activity Commander will § 588.23 Request for Army decision adopt the proposed disposition as the without a hearing. final Army decision and notify the When the complainant, dissatisfied complainant accordingly, advising him with the Activity Commander’s pro- or her of the right to appeal to the Of- posed disposition asks for an Army de- fice of Review and Appeals, Equal Em- cision without a hearing, the EEO offi- ployment Opportunity Commission, cer sends the original and one copy of and the right to file a civil action (app the complaint file the ERROCCRA, B). Although complaint adjustments ATTN: SFCR, WASH, DC 20310–1813.

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(For a list of the contents of the com- then contract for a court reporter plaint file, see § 588.76. The EEO officer through their contracting office using ensures that all copies of the file are the General Services Administration complete, legible, and identical. (GSA) Federal Supply Schedule.

§ 588.24 Arranging a hearing. § 588.25 The hearing. (a) When the complainant asks for a (a) The hearing is conducted by an hearing, the EEO officer requests as- EEOC complaints examiner subject to signment of a complaints examiner EEOC regulations and procedures. This from the EEOC District Office that has paragraph is provided for information geographic jurisdiction over the activ- and general guidance and does not con- ity where the hearings is to be held. trol the EEOC complaints examiner’s (See appendix L.) The hearing will usu- activities. ally be held at the activity where the (b) Before scheduling the hearing, the complaint if permanently assigned or complaints examiner reviews the com- has applied for employment. If another plaint file to determine if further in- location is preferred, the written re- vestigation is needed and, if so, asks quest to EEOC will specify the alter- the activity to conduct the additional native location. However, EEOC will investigation. If a complaints examiner decide where a hearing is to be held. asks an activity to conduct further in- For travel funding and other costs, see vestigation, the EEO officer will § 588.79. promptly forward the request to the re- (b) The written request to EEOC will sponsible USACARA Regional Office include the original complaint file (See with an information copy of the trans- § 588.76). In addition, one copy of the mittal letter furnished the complain- tabbed complaint file will be sent to ant and the complaints examiner. The EEOCCRA. examiner may also ask the activity to (c) The request to the EEOC will ask arrange for the witnesses needed to tes- that the complaints examiner send the tify at the hearing. (See § 588.70) If a complaint file with the final report and prehearing adjustment of the com- four copies of the hearing transcript to plaint is reached, the original copy of the Director, EEOCCRA, ATTN: SFCR, the agreement will be forwarded imme- WASH, DC 20310–1913. When there is diately to the activity EEO officer who more than one complainant, the EEO will send necessary closeout document officer will ask that an additional copy to EEOCCRA. of the report and transcript be sent to (c) Attendance at the hearing is lim- EEOCCRA for each additional com- ited to persons determined by the complainant. If the complaints examiner plaints examiner to have a direct con- sends the report to the activity rather nection with the complaint. The activ- than to EEOCCRA, the EEO officer will ity will make available all DA person- immediately return the file to the nel called as witnesses for a hearing, EEOC by certified mail, return receipt unless the presence of a prospective requested, with instructions to trans- witness is administratively imprac- mit it to the Director, EEOCCRA, tical. The complaint examiner con- ATTN: SFCR, WASH, DC 20310–1813. ducts the hearing to bring out perti- (d) The request to the EEOC will also nent facts and accept pertinent docu- provide the name, title, address, and ment. Rules of evidence are not applied telephone number of the labor coun- strictly, but the examiner will exclude selor as the Army representative at the irrelevant or unduly repetitious evi- hearing. A copy of the request will be dence. Information that has a bearing given to the complainant. on the complaint, including employ- (e) The EEO officer will arrange for ment policies or practices relevant to the services of a court reporter at the the complaint, will be received in evi- hearing. Activities may not use Army dence. The complainant, his or her rep- court reporters and should attempt to resentative, if any, and the labor coun- arrange for a court reporter from Navy selor at the hearing are given the op- or Air Force installations under an portunity to cross-examine witnesses interservice support agreement. If no who appear and testify. Testimony is reporter is available, the activity may given under oath or affirmation. (See

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§ 588.64 for the right of the ADO at the ceive a copy of the findings, analysis, hearing.) and recommendations of the com- (d) The hearing is recorded and tran- plaints examiner with a copy of the scribed verbatim. All documents ac- hearing record. The final Army deci- cepted by the examiner at the hearing sion may adopt, reject, or modify the are made part of the record. If the decision recommended by the com- labor counselor submits a document plaints examiner. If the examiner has that is accepted, a copy of the docu- recommended a finding of discrimina- ment shall be furnished to the com- tion and if the final Army decision let- plainant. If the complainant submits a ter will give the specific reasons for the document that is accepted, he or she rejection or modification. A com- shall make the document available to plaints examiner’s recommended find- the labor counselor for reproduction. ing of discrimination will become final (e) The complaints examiner consid- and binding on the Army if 180 cal- ers all documents in the complaint file, endar days have elapsed since the com- including the record of the hearing, in plaint was filed and the Army has not making his or her findings, and analy- issued a final decision concerning the sis, and recommendation. The exam- recommendation within 30 calendar iner then sends the complaint file to days after its receipt. EEOCCRA with the required number of (d) The Army decision will require copies of the examiner’s report and any remedial action authorized by law hearing transcript, and notifies the that is judged to be necessary or desir- complainant of the date that this is able to resolve issues of discrimination done. The report may include rec- and to promote EEO policy. ommended remedial action, if proper, (e) If discrimination of reprisal is regarding the matter that gave rise to found and there is an attorney of the complaint. Also, the examiner may record, the Army decision will advise send EEOCCRA a separate letter con- the complainant and his or her rep- cerning conditions in the activity that resentative that attorney fees and/or do not have a direct bearing on the costs maybe awarded and that any re- complaint. quest for this award must be documented and filed within 20 calendar § 588.26 Final Army decision. days after receiving the notice. Where (a) The Director of EEO or another the Army determines not to award at- person designated by the Secretary of torney fees and/or costs to a prevailing the Army makes the final decision, in complainant represented by an attor- writing, for the Army. The decision, ney, the decision will state the specific based on information in the complaint reasons for denying the award. Attor- file, is sent to the complainant and his ney fees and/or costs are not authorized or her representative, if any, by cer- in age discrimination complaints. tified mail, return receipt requested. (f) The Army decision will inform the Copies are sent to the MACOM and ac- complainant of the right to appeal the tivity EEO officer. The decision may decision to the EEOC, of the right to also be personally delivered to the file a civil action, and of the applicable complainant and the representative by time limits. (For appeal and civil ac- an Army official. If so, the complain- tion procedures, see § 588.57.) ant and the representative acknowl- (g) Section 588.65 of this regulation edge receipt by signing and dating the addresses the rights of the ADO when a official copy, and the server signs it final decision is made. and indicates on the copy to whom and when the decision was served. The re- § 588.27 Avoiding delays. ceipt or the signed copy is filed in the (a) Complainants and management complaint file. officials must not only comply with (b) If a hearing was not held, the de- the time limits specified in this section cision will specify the reasons for the and Army directives, they should also decision and any remedial action to be process a complaint without delay so taken. that it may be resolved within 180 days (c) If a hearing was conducted, the after the formal complaint is filed. complainant and the activity will re- This includes the time spent by the

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complaint examiner in processing the plaints examiner, be joined for process- complaint. In mixed cases covered by ing after notifying the individual that § 588.42, the Army decision should be his or her complaints will be processed given within 120 days. jointly. (b) If the activity has not issued a decision and has not asked for a com- § 588.30 The complaint file. plaints examiner within 75 calendar The complaint file will be indexed days from the date a formal complaint and tabbed in reverse chronological was filed, the EEOC may require the order and will contain legible copies of Army to take steps to make sure the the documents listed in § 588.76. complaint is processed promptly. Al- ternatively, the EEOC may assume the Subpart C—Class Complaints of complaint’s processing. This assump- tion may include an EEOC investiga- Discrimination tion that will be paid for by the activ- § 588.31 General guidance. ity. (a) An employee or applicant who § 588.28 Canceling a complaint. wishes to be an agent for a class and (a) If a complainant fails to pros- who believes the class has been dis- ecute the complaint prior to the issu- criminated against because of race, ance of the USACARA ROI, the EEO of- color, religion, sex, national origin, ficer will notify the complainant of the physical or mental handicap, age, and/ possibility of cancellation if the com- or reprisal in an employment matter plainant does not proceed within a controlled by the Army, may file a specified time period. If the complaint class complaint of discrimination. An is canceled, the EEO officer will notify agent must be a member of the class the complainant, in writing, of the can- and must allege that he or she has been cellation, and of his or her right to ap- personally harmed by a personnel pol- peal to the EEOC or to file a civil ac- icy or practice that the Army has the tion. The notice will also give the time authority to change or eliminate. limits for filing an appeal or civil ac- (b) EEO personnel trained in han- tion. dling class complaints serve as the (b) If the complainant fails to pros- counselors for class complaints. ecute the complaint and it has been in- (c) Agents of the class should be thor- vestigated by USACARA, the EEO offi- oughly familiar with the criteria in cer should send the file to EEOCCRA § 588.33 before they file a class com- and request that the Secretary of the plaint. Army or his or her designee issue a (d) The summarized step-by-step pro- final decision. cedure in appendix B, and the flow chart at appendix J may be reproduced § 588.29 Consolidation of complaints. locally and used as a handout. (a) Two or more complaints of dis- § 588.32 Precomplaint processing. crimination filed by different Army employees, former employees, or appli- (a) An employee or applicant for em- cants for employment, making sub- ployment who wishes to be an agent in stantially similar allegations of dis- a class complaint must consult with crimination, may, with written permis- the responsible activity’s designated sion of the complainants, be consoli- EEO counselor for class complaints. dated for processing by any of the fol- Contact must be made within 90 cal- lowing individuals: endar days from one of the following (1) EEO officer. dates: (2) Activity Commander. (1) The date of the matter giving rise (3) USACARA investigator. to the allegation of individual dis- (4) EEOC complaints examiner. crimination. (b) Two or more complaints of dis- (2) The effective date of a personnel crimination from the same employee action. or applicant may, at the discretions of (3) The date that the aggrieved per- the EEO officer, Activity Commander, son became aware, or reasonably USACARA investigator, or EEOC com- should have become aware.

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(b) The counselor should advise all her representative. Information pro- aggrieved persons orally and in writing vided to the Director, EEOCCRA, will of the following: identify precisely all matters raised in (1) The discrimination complaint pro- the complaint, except that anonymity cedures. during the precomplaint processing (2) The criteria for the acceptance of will be observed unless disclosure is au- class complaints. thorized by the class agent. (3) The aggrieved person’s right to (8) Conduct the final interview and anonymity during the precomplaint terminate counseling with the class process unless disclosure is authorized agent not later than 30 calendar days by the aggrieved person or a formal after the date on which the allegation complaint is filed. was first called to the counselor’s at- (4) The aggrieved person’s right to tention. This interview will take place anonymity during the precomplaint whether or not the matter has been re- process unless disclosure is authorized solved. At this final interview, the by the aggrieved person or a formal counselor informs the aggrieved person complaint is filed. in writing that— (c) EEO counselor duties. The EEO (i) Counseling is over. counselor will— (ii) The class agent has the right to (1) Make whatever inquiry is nec- file a formal class complaint of dis- essary to clarify and define the issues. crimination within the next 15 days. (2) Counsel the aggrieved person con- (iii) The class agent must imme- cerning the issues involved. diately inform the EEO officer if he or (3) Inform the EEO officer and the she hires legal or other representation. CPO and other affected officials when (iv) A formal complaint must specifi- corrective action is believed necessary. cally describe the acts of alleged dis- (4) Attempt informal resolution crimination. through discussions with appropriate (v) Only matters discussed with the officials of the responsible activity. EEO counselor will be considered in a When involved in such discussions, the formal complaint. counselor may seek advice from the (9) Avoid influencing the class agent servicing legal office. in any way regarding the filing of a (5) Keep records of all counseling ac- class complaint. tivities. (6) Summarize in writing actions and (10) Not reveal the identity of the advice given, if any, concerning the is- class agent during the precomplaint sues in the personnel management pol- processing stage, except when author- icy or practice. ized to do so by the class agent. (7) Provide sufficient information to (11) Prepare and submit a counselor’s the EEO officer so that he or she may report to the activity EEO officer with- notify by electrical transmission the in 5 calendar days after the final inter- Director of EEOCCRA (EEOCCRA/ view. SFCR/WASH DC 20310–1813) and OTJAG (DAJA/LTC/WASH DC 20310–2210) with- § 588.33 Filing a formal class complaint. in 5 calendar days after the start of precomplaint processing. The informa- (a) The complaint must be filed in tion provided must identify precisely writing by the class agent or a rep- all matters raised in the complaint. resentative and be signed by the class The right of anonymity during the agent. precomplaint processing will be ob- (b) It must described specifically the served unless disclosure is authorized policy of practice that gave rise to the by the class agent. If possible, the complaint and the resultant personnel counselor should reach a mutual agree- action or matter that harmed the class ment with the class agent and his or agent. her representative, if any, as to the (c) It must be filed no later than 15 specific issues to be considered. This calendar days after the class agent has agreement will be in writing and signed received the notice of final interview by the parties concerned with a copy from the EEO counselor. For that pur- provided to the complainant and his or pose, the date a complaint is filed is

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the date of the postmark, or, if no post- will be used in processing the class mark, the date the complaint is re- complaint. ceived by one of the officials listed in d below. § 588.34 Designating the Army rep- (d) Persons to whom class complaints resentative. may be submitted. The activity labor counselor should (1) A formal class complaint may be be designated by the Activity Com- filed with any of the following: mander as the Army representative. At (i) The responsible activity EEO offi- the request of the labor counselor, the cer. Activity Commander may also appoint (ii) The director of EEO. a personnel specialist or other activity (iii) The Secretary of the Army. personnel to assist the labor counselor. (2) EEO activity publications and the EEO counselor will request the class § 588.35 Criteria for acceptance. agent to submit a copy of his or her A class complaint or any part of it class complaint to the responsible ac- may be accepted unless it contains one tivity EEO officer in every case. Any of or more of the following: the officials listed above will imme- (a) Refers to a situation over which diately transmit the complaint by the the Army has no jurisdiction. fastest means possible to the respon- (b) Is not based on the class or sible activity EEO officer, indicating agent’s race, color, religion, sex, age, the date of receipt of the complaint if national origin, physical or mental it is not postmarked. handicap, and/or reprisal. Complaints (e) At all stages, in the preparation of discrimination because of age are ac- and presentation of a complaint, the cepted only if the class agent and the class agent will have the right to be class were at least 40 years of age when represented, accompanied, and advised the action occurred. by a representative of his or her own (c) Consists of allegations identical choosing, provided the choice does not to those made in a previous class com- involve a conflict of interest or posi- plaint, filed for the same class, that is tion. The designation of the represent- pending or has been resolved by the ative must be made in writing and Army or other proper authority. made part of the class complaint file. (f) If the agent is employed by the (d) Is untimely. army, he or she will have a reasonable (1) Class complaints must be brought amount of official time to prepare and to the attention of an EEO counselor present his or her complaint. Employ- within 90 calendar days after the inci- ees who represent fellow Army employ- dent, effective date of a personnel ac- ees in discrimination complaint cases tion, or the date that the aggrieved must be permitted to use a reasonable person became aware, of the discrimi- amount of official time to carry out natory event or personnel action. that responsibility, whenever it is not (2) Formal class complaints must be inconsistent with the performance of filed within 15 calendar days after the their duties. (See § 588.71(d).) Army em- date of the final interview with the ployees who represent non-Army em- EEO counselor. ployees in a complaint will be granted, (e) Lacks specificity and detail. at their request, a reasonable amount (f) Was no filed in writing or was not of annual leave or leave without pay signed by the class agent. for this purpose. (g) Designates a class that is small (g) Upon receipt of the class com- enough that a consolidated complaint plaint, the responsible EEO officer will of the members of the class would be immediately send a copy of the com- practical. (See § 588.29.) plaint to EEOCCRA (EEOCCRA/SFCR/ (h) Alleges no questions of fact com- WASH DC 20310–1813) and OTJAG mon to the class. (DAJA/LTC/WASH DC 20310–2210). Re- (i) Asserts claims of the class agent ceipt of the complaint will be acknowl- that are not typical of the claims of edged, in writing, by EEOCCRA. The the class. acknowledgement will contain a dock- (j) Specifies a class agent or rep- et number assigned to the case which resentative that will not protect the

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interests of the class fairly and ade- required information within that time, quately. the complaints examiner may recommend that the Army reject the com- § 588.36 Acceptance, rejection, or can- plaint. If the information given makes cellation of the formal complaint. new allegations outside the scope of (a) The activity EEO officer will re- the complaint, the examiner advises view the class complaint, along with the agent to file and individual or class the EEO counselor’s report and all complaint based on these allegations. other available evidence relevant to (e) The complaints examiner may the acceptance of the class status of recommend that the Army extend the the complaint as specified in § 588.35. time limits for filing a complaint and The EEO officer should coordinate with for consulting with an EEO counselor. the servicing legal office and CPO for This may be done when the agent or their comments to the EEOC com- the representative establishes either of plaints examiner on accord with b(4) the following: below. (1) The class agent was not notified (b) The EEO officer must forward the of the prescribed time limits and was following items to the EEOC district not otherwise aware of them. officer having geographic jurisdiction (2) The class agent was prevented by over the activity (appendix M.) within circumstances beyond his or her con- 10 calendar days after receipt of the trol from acting within the time lim- class complaint. its. (1) The Class complaint. (2) The EEO counselor’s report. (f) The complaints examiner may rec- (3) Any other information that may ommend that the Army cancel a com- help the EEOC complaints examiner plaint if the agent fails to prosecute determine whether the complaint the complaint. This action may be meets the criteria for acceptance speci- taken when the agent fails to respond, fied in § 588.35. within 15 calendar days, to a written (4) Any brief prepared by the labor request from the complaints examiner counselor regarding the acceptability to give information or proceed with the of the class status of the complaint. At complaint. No complaint may be can- the request of the labor counselor, a celed unless the class agent is first no- personnel specialist may be appointed tified, in writing, that failure to pro- to assist the labor counselor in the ceed within a specified time may result preparation of the brief. in cancellation of the class complaint. (5) A written instruction that the (g) When requesting information EEOC complaints examiner send the under d or e above, the complaints ex- recommended decision on acceptance, aminer informs the class agent that rejection, or cancellation of the class the complaint may be rejected if the complaint directly to EEOCCRA, information is not provided. ATTN: SFCR, WASH DC 20310–1813. (h) The complaints examiner’s writ- (c) If an allegation is not included in ten recommendation to accept, reject, the EEO counselor’s report, the EEOC or cancel a class complaint is sent to complaints examiner gives the class the Director, EEOCCRA, the class agent 15 calendar days to explain agent, and the agent’s representative. whether it was discussed and, if not, (i) Upon receiving the complaint ex- the reason it was not discussed. If the aminer’s recommendation, the explanation is not satisfactory, the EEOCCRA reviews the recommenda- complaints examiner may recommend tions and the case file. The EEOCCRA that the Army reject the allegation. If recommends to the Secretary of the the explanation is satisfactory, the Army or his or her designee whether to complaints examiner may refer the al- accept, reject, or cancel the class com- legation back to the EEO counselor for plaint. further counseling of the agent. (j) The Secretary of the Army or his (d) If an allegation is not specific and or her designee will notify the class lacks detail, the complaints examiner agent, the agent’s representative and gives the agent 15 calendar days to cor- the complaints examiner of the Army rect it. If the agent does not give the decision, and will send a copy of the

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notice to the MACOM and activity EEO (4) An explanation of the binding na- officer. ture of the final decision on the formal (k) The notice of decision to reject or class complaint. cancel must inform the class agent of all of the following: § 588.38 Avoiding delay. (1) The right to proceed with an indi- A class complaint must be processed vidual complaint of discrimination. promptly. All parties will proceed with (2) The right to appeal the Army de- the complaint without delay so that cision to the EEOC Office of Review the time limits imposed by the com- and Appeals. plaints examiner will be met and the (3) The right to file a civil action. In complaint will be processed within 180 age discrimination complaints, the calendar days after filing. agent must appeal a rejection or cancellation to the EEOC before he or she § 588.39 Developing evidence. may file a civil action. (a) The complaints examiner gives (l) The complaint examiner’s rec- the labor counselor and the class agent ommendation to accept, reject, or can- and his or her representative, if any, 60 cel the complaint becomes the Army calendar days to prepare their cases decision unless it is accepted, modified, and develop the evidence based on or rejected by the Secretary of the EEOC regulations. The complaints ex- Army or his or her designee within 10 aminer may extend this time if re- calendar days after its receipt. quested by either party. (m) Acceptance of a class complaint (b) During the time allowed to de- by the Secretary of the Army or his or velop the evidence, the complaints ex- her designee for purposes of adminis- aminer may, at his or her discretion, trative processing under this regula- direct that an investigator trained or tion is not an admission of class status certified by the EEOC, investigate within the meaning of Rule 23 of the facts relevant to the class complaint or Federal Rules of Civil Procedure for to any portion of it. In this event, the purposes of litigation within a Federal labor counselor will immediately no- District Court. tify the EEO officer who will request, in writing, within 3 days of receipt of § 588.37 Notification and opting out. the examiner’s directive, the assign- (a) Upon notification of acceptance of ment of an investigator by the appro- a class complaint, the activity EEO of- priate USACARA Regional Office cit- ficer will immediately make reason- ing applicable funds for travel and per able efforts to notify all class members diem. of the existence of a class complaint. (c) Both parties will give the exam- The notice will advise class members of iner all materials that they wish exam- their right to remove themselves from ined and other material the examiner the class by notifying the Army within may request. 30 calendar days after the notice is issued. The EEO officer will determine § 588.40 Resolution of the complaint. the reasonable means such as delivery, (a) The complaints examiner gives mailing distribution, or posting, for no- the class agent, or his or her represent- tifying the class members. ative, and the labor counselor a copy of (b) The notice will contain the fol- all materials obtained. Also, the exam- lowing: iner provides an opportunity for the (1) The name of the agency or organi- class agent to discuss these materials zational segment, its location, and the with the labor counselor and to try to date the class complaint was accepted resolve the complaint. by the Army. (b) Though an opportunity to resolve (2) A description of the issues accept- the complaint is specifically provided ed in the class complaint. at this stage, both parties may agree to (3) An explanation that class mem- resolution at any time after the com- bers may remove themselves from the plaint has been accepted. class by notifying the activity EEO of- (c) If the complaint is resolved, the ficer within 30 calendar days after the terms of the resolution will be put in issuance of the notice. writing and signed by the class agent

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and the Activity Commander, after co- record. The complaints examiner sends ordination with the EEO officer, the to EEOCCRA the record of the hearing, labor counselor, and the CPO. A writ- the report of findings, and a rec- ten resolution may include a finding on ommended decision on the complaint. the issue of discrimination and an This decision includes corrective ac- award of attorney fees and/or costs. It tion where appropriate. The examiner must also include any corrective action notifies the class agent of the date the agreed on. The corrective action must report of findings and recommenda- be consistent with the law, executive tions was sent to the EEOCCRA. orders, negotiated agreements, and Federal regulations, rules, and instruc- § 588.42 Final Army decision. tions. A copy of the signed resolution (a) Within 30 calendar days after the will be given to the class agent. Army receives the examiner’s report, (d) Notice of the resolution will be the Secretary of the Army or his or her given to all class members in the same designee must issue a written decision way as the notification of the accept- to accept, reject, or modify the find- ance of the class complaint. This no- ings and recommendations of the ex- tice will state the terms of the correc- aminer. tive action, if any, to be granted by the (b) The decision is sent to the class Army. A resolution binds all members agent and to his or her representative, of the class, except those who have with a copy of the transcript of the properly removed themselves. hearing and of the findings and rec- (e) If the Army does not carry out, or ommendations of the examiner. rescind, any action specified by the res- (c) If the Army decision is to reject olution, for reasons not due to acts or or modify the findings and rec- conduct of the class agent, the rep- ommendations of the complaints exam- resentative, or class members, it will iner, the decision must state, in detail, reinstate the complaint for processing the specific reasons for the Army ac- at the class agent’s written request. tion. The complaint should be reinstated at (d) If the Army has not issued a deci- the point where processing stopped. sion within 30 calendar days after re- The agent may appeal to the EEOC Of- ceiving the examiner’s report, the find- fice of Review and Appeals the Army’s ings and recommendations of the ex- failure to reinstate the complaint. aminer will become the final Army decision. This decision and the record of § 588.41 Procedures for the hearing. the hearing must then be sent by (a) At the end of the period allowed EEOCCRA to the class agent or his or to prepare the case, the complaints ex- her representative. A copy of the final aminer will set a date for a hearing. Army decision will be sent to the Witnesses and representatives at the MACOM, the Activity Commander, and hearing are authorized as provided for to the activity EEO officer. a subpart H. Only persons directly con- (e) Within 10 calendar days of the nected to the complaint (as determined transmittal of the final Army decision by the examiner) may attend the hear- to the class agent, the EEO officer will ing. notify all members of the class of the (b) The complaints examiner will final Army decision by the same means conduct the hearing and give an oppor- used to notify the class of the existence tunity to the parties to introduce evi- of the class complaint. (See § 508.31(a)) dence and to cross-examine witnesses. (f) The final Army decision will di- Testimony will be under oath or affir- rect any remedial action authorized by mation. Rules of evidence are not ap- law determined to be necessary or de- plied strictly, but the complaints ex- sirable to resolve the issue of discrimi- aminer may exclude irrelevant or un- nation and to promote the policy of duly repetitious evidence. The exam- equal employment opportunity. When iner may also exclude any person from discrimination is found, the notice of the hearing for conduct that obstructs decision will— the hearing. (1) Advise the class agent and his or (c) The hearing is recorded verbatim her representative, if any, the attorney and the transcript is made a part of the fees and/or costs may be awarded. The

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payment of attorney fees and/or costs in no more than 135 calendar days be- is not authorized in administrative fore the class complaint was filed. complaints of age discrimination. (d) The Army will try in good faith to (2) State that a request for such resolve the claim within 60 calendar award must be filed within 20 calendar days of receipt. If the Army and the days after receipt. claimant do not agree that the claim- (3) List the documents that must be ant is a member of the class or do not sent with the request. (See § 588.54.) agree on the relief to which the claim- (g) The notice of decision must in- ant is entitled, the Army will refer the form the class agent and his or her rep- claim, with its recommendations, to resentative, if any, of the right to ap- the complaints examiner peal the Army decision to the EEO Of- (e) The complaints examiner will no- fice of Revenue and Appeals, of the tify the claimant of the right to a hear- right to file a civil action, and of the ing on the claim and will give the par- applicable time limits. (For details on ties to the claim an opportunity to appeals and civil actions, see subpart submit evidence and representations on F.) the claim. If a hearing is requested, it will be conducted in accord with (h) A final Army decision on a class § 588.25. If a hearing is not requested, complaint filed under this regulation is the complaints examiner, at his or her binding on the Army and all members discretion, may hold a hearing to ob- of the class, except those who have tain the necessary evidence on the properly removed themselves from the claim. class. (f) The complaints examiner will issue a report of findings and rec- § 588.43 Corrective action. ommendations on the claim to the Di- (a) If discrimination is found, the rector, EEOCCRA. The Army will issue Army must eliminate or change the a final decision within 30 calendar days personnel policy or practice that gave of receipt of the examiner’s report. If a rise to the complaint, so that the pol- decision is not issued within 30 cal- icy or practice will no longer cause endar days, the examiner’s findings and such discrimination. Also, the Army recommendations will become the final must provide individual remedial ac- decision. tion to the class agent including an (g) If the complaints examiner deter- award of attorney fees and/or costs, as mines that the claimant is not a mem- appropriate, as provided in subpart E. ber of the class or that the claim was (The Army must fulfill obligations to not filed in a timely manner, he or she consult or negotiate with the unions will recommend rejection of the claim that have exlusive recognition before and give notice of this action to the doing away with or changing personnel Army, the claimant, and the claim- policies or practices.) ant’s representative. The notice will (b) If discrimination is found and a inform the claimant of the right to ap- class member believes that, but for peal to the EEOC Office of Review and that discrimination, he or she would Appeals or to file a civil action in ac- have been given employment or an em- cord with subpart F. ployment benefit, the class member may file a written claim within 30 cal- § 588.44 The complaint file. endar days with any of the persons list- The complaint file will be indexed ed below. The claim will be filed within and tabbed in reverse chronological 30 calendar days after the notification. order and will contain legible copies of (1) The activity EEO officer. the documents listed in § 588.76. (2) The director of EEOCCRA. (3) The director of EEO for the Army. Subpart D—Miscellaneous (4) The Secretary of the Army. Complaints (c) The claim must include details showing that the claimant is a class § 588.45 Reprisal. member who was affected by a person- A complainant, his or her representa- nel action or matter resulting from the tive, a witness, or an EEO official may discriminatory policy or practice with- allege restraint, interference, coercion,

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discrimination, or reprisal at any stage advise the MSPB and request that it in the presentation or processing of a dismiss the appeal without prejudice. complaint of discrimination. An allega- The Army, thereafter, shall process the tion of reprisal may be processed under complaint in a manner similar to any this regulation, a negotiated grievance other complaint, except that there will procedure where applicable, or the ap- be no hearing before the EEOC and the pellate provisions of the MSPB (mixed complaint’s appeal rights will be to the case). MSPB, not to the EEOC. (d) Election. A mixed case complaint § 588.46 Mixed cases. may be presented initially as a dis- (a) A mixed case complaint is ei- crimination complaint under this regu- ther— lation or under a negotiated grievance (1) A complaint of employment dis- procedure, if applicable, or as part of crimination or reprisal filed under this an appeal to the MSPB as set forth in regulation, related to or stemming FPM Supplement 990–1, MSPB regula- from an action taken by the Army tions, or part 1201, title 5, Code of Fed- against the complainant, which action eral Regulations (5 CFR part 1201). Em- may be appealed to the MSPB pursuant ployees who wish to appeal must to any law, rule, or regulation. choose the system under which they (2) A complaint of sex-based wage dis- wish to proceed. Whichever formal ac- crimination filed with the EEOC, relat- tion the employee files first is consid- ed to or stemming from an action ered an election to proceed in that taken by the Army against a complain- forum as to the alleged discrimination. ant, which may be appealed to the The Army will inform every employee MSPB, pursuant to any law, rule, or who is the subject of an action which is regulation. appealable to the MSPB, of the right to (b) Examples of action appealable to file a mixed case complaint with the the MSPB are removals, suspensions Army, or to file a mixed case appeal for more than 14 days, reductions in with MSPB if the employee has raised grade (demotion), reductions in force, the issue of discrimination during the denials of within-grade increases, and processing of the personnel action but furloughs for 30 days or less. prior to the decision to effect that per- (c) Mixed case appeals. (1) A mixed sonnel action. case appeal is an appeal filed with the (e) Timely processing. A mixed case MSPB which alleges that an Army ac- complaint will be processed in a timely tion resulted, in whole or in part, be- manner, so that the final Army deci- cause of discrimination on the basis of sion is issued within 120 calendar days race, color, religion, sex, national ori- from the date the complaint was filed. gin, mental or physical handicap, age, (f) Processing complaints on proposals. and/or reprisal, or alleges that such (1) Any complaint filed in connection Army action resulted in sex-based wage with an Army proposal to take an ac- discrimination. tion that is appealable to the MSPB (2) If an employee files an appeal will be consolidated with any subse- with the MSPB on a mixed case, before quent mixed case complaint filed in filing a formal complaint of discrimi- connection with the Army’s decision to nation with the Army, the Army activ- take such an action, either as proposed ity must reject or cancel any com- or as modified during the processing of plaint on the same matter, regardless the proposal. of whether the allegation of discrimi- (2) If, following a complaint on a pro- nation is raised in the appeal to the posal, the complainant files an appeal MSPB. Upon such rejection or can- with the MSPB on the subsequent cellation, the Army activity must ad- Army decision resulting from that pro- vise the employee to raise the allega- posal, the EEO officer will cancel the tion of discrimination in connection complaint on the proposal. The com- with his or her appeal to the MSPB. If plainant will be advised by the EEO of- the employee first files a formal com- ficer that any allegations of discrimi- plaint with the Army under this regu- nation contained in that complaint lation, before filing an appeal on the should be raised with the MSPB in con- same matter to MSPB, the Army must nection with the pending appeal.

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(3) When a complaint concerning a (2) A discrimination complaint will proposal to take an action appealable not be accepted if a timely appeal to to the MSPB is combined with a mixed the MSPB or a timely grievance under case complaint concerning an Army de- the negotiated procedure has been filed cision appealable to the MSPB, the 120- in writing. calendar-day time frame for processing (3) A grievance under the negotiated the consolidated complaint begins as of procedure will not be accepted if a the date the complaint concerning the timely appeal to the MSPB has been Army decision is filed. filed in writing or if the complainant (4) When a complaint is filed on a has initiated timely action under sub- proposal, and no appeal or complaint is part B of this regulation. If the nego- filed with the NSPB or the Army on tiated grievance procedure is used, the the subsequent appealable Army decision resulting from that proposal, the employee may ask the MSPB to review complaint on the proposal will include the final decision made under the nego- the final appealable Army decision as tiated procedure. (See § 588.49.) an issue. The 120-calendar-day time- (b) In a matter involving discrimina- frame will begin as of the effective date tion covered by the negotiated griev- of the final appealable decision. ance procedure, but not appealable to (g) Mixed case advise. Sample lan- the MSPB, the complainant may guage advising complainants of their choose either the complaint procedure rights under mixed case procedures is as described in subpart B or use the ne- at appendix D. In age discrimination gotiated grievance procedure. complaints, a complainant must appeal (1) The choice is made when a timely the Army decision to the EEOC or grievance is filed in writing under a ne- MSPB before filing a civil action in a gotiated procedure or when the em- Federal District Court. ployee files a formal complaint under subpart B. § 588.47 Negotiated grievance procedure. (2) An employee who chooses the negotiated grievance procedure may ask A complainant who is covered by a the EEOC to review the final decision collective bargaining agreement may file allegations of discrimination or re- made under that negotiated procedure. prisal under the negotiated grievance (See § 588.49.) procedure instead of filing under this § 588.49 Final decision under the nego- regulation. The complainant has this tiated grievance procedure. grievance option if the negotiated grievance procedure does not exclude For seeking review by the EEOC or allegations of discrimination or re- the MSPB, a final decision under the prisal. When using the negotiated negotiated grievance procedure is de- grievance procedure, a complainant is fined as one of the following: bound by the negotiated agreement. (a) The final grievance decision rendered by the activity, if the union fails § 588.48 Election of forum. to invoke arbitration of the grievance (a) In a mixed case, the complainant (an employee cannot individually in- may initially choose either the individ- voke arbitration.) ual complaint procedure as described (b) The award rendered by an arbitra- in subpart B of this regulation, appeal tor, if neither the union nor manage- the the MSPB, or use the negotiated ment files an exception to the award grievance procedure. The rules for with the Federal Labor Relations Au- choosing the procedure are not the thority (FLRA) (an employee cannot same in all situations. An election will individually appeal an arbitration have been made when the following ac- award to the Authority) or an arbitration occur: (1) An MSPB appeal will not be ac- tor’s award that cannot be appealed to cepted if a timely discrimination com- the FLRA. plaint or a grievance under the nego- (c) The decision of the FLRA on ap- tiated procedure has been filed in writ- peal of an arbitration award. ing.

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§ 588.50 General allegations of dis- award in such settlements, however, crimination. may not exceed the maximum backpay General allegations of discrimination or other amount that would be recover- made by persons and special interest able under this regulation if a finding organizations, that are not within the of discrimination had been made. The scope of individual or class complaints, requirements of §§ 588.20(d), 588.20(e), will be promptly answered by the Ac- 588.55 apply to such settlements. tivity Commander or a designee. A copy of the response to the general al- § 588.52 Remedial action involving an applicant. legation will be sent to the MACOM EEO officer and the Director of Upon a finding of discrimination, the EEOCCRA. Army will offer the applicant the position denied him or her or employment Subpart E—Remedial Actions of the type and grade denied him or her, unless the record contains clear § 588.51 General guidance. and convincing evidence that the applicant would not have been hired even (a) Upon a finding of discrimination, without discrimination. The remedial a complainant is entitled to remedial action that makes him or her whole relief available to the applicant will unless the record establishes by clear conform to the following guidance: and convincing evidence that the ac- (a) The offer is made in writing, giv- tion complained of would have oc- ing the applicant 15 calendar days from curred even absent the identified dis- receipt to accept or decline the offer. crimination. The aim of remedial ac- Failure to notify the Army of a deci- tion is to ‘‘make the complainant sion within the 15-day period will be whole’’ or, to place the complainant in considered a declination of the offer, the situation he or she would be in if unless the applicant can show that cir- there had been no discrimination. At- cumstances beyond his or her control torney fees and/or costs may also be did not permit responding within the awarded as outlined in § 588.54. Reme- time limit. dial action may include— (1) If the offer is accepted, the ap- (1) Retroactive appointment or pro- pointment is retroactive to the date motion with back pay. the applicant would have been hired, (2) An opportunity for the complain- subject to the limitation in b below. ant to have the benefit that had been Back pay is awarded from the begin- denied, such as training, overtime ning of the retroactive period, subject scheduling, detailing, or other employ- to the same limitation, until the date ment benefits. the person actually enters on duty. The (3) Cancellation of an unwarranted applicant is deemed to have worked for personnel action and expunction from the Army during the (retroactive) pe- the Army’s records of any reference to, riod for all purposes except for meeting or any record of, an unwarranted dis- service requirements for completion of ciplinary action that is not a personnel a probationary or trail period as re- action. quired. (b) Corrective action may also be (2) If the offer is declined, the Army taken to change or eliminate personnel awards the applicant a sum equal to policies or practices and to take dis- the back pay he or she would have re- ciplinary action against ADOs. Dis- ceived. Back pay will be computed ciplinary action against an ADO is not from the date he or she would have a personal remedy that may be re- been appointed until the date the offer quested by a complainant. It is, there- was made, subject to the limitation of fore, not an issue for decision in a hear- b below. The Army informs the appli- ing or inquiry and is not to be specified cant, in its offer, of his or her right to in a decision on the complaint. this award if the offer of employment (c) The Army may also resolve com- is declined. plaints informally and award back pay (b) Back pay may not accrue from a and other remedial relief including at- date earlier than 2 years before the torney fees and/or costs without a find- date the complaint was initially filed ing of discrimination. The monetary by the applicant.

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(c) If the Army or a Federal Court § 588.54 Award of attorney fees and/or finds that discrimination existed at the costs. time the applicant was considered for (a) In complaints of discrimination, employment, but also finds clear and the Army or a Federal Court may convincing evidence that the applicant award the applicant or employee who is would not have been hired even with- represented by an attorney reasonable out discrimination, the Army will con- attorney fees and/or costs as a part of sider the applicant for any existing va- the remedial relief under this regula- cancy of the type and grade for which tion. Except as provided in § 588.55, he or she was considered initially and Army decisions will make such awards is qualified, before considering other only when a finding or admission of candidates. If the applicant is not se- discrimination is made. The award of lected, the reasons for nonselection are attorney fees and/or costs is not avail- recorded and made a part of the com- able in administrative cases of dis- plaint file. If there is no vacancy, the crimination based on age. Army gives the applicant priority con- (b) Attorney fees are paid only for sideration for the next vacancy for services performed after a formal com- which he or she is qualified. This will plaint has been filed under this regula- take precedence over other priorities. tion and after the complainant has notified the Army that he or she is rep- § 588.53 Remedial action involving an resented by an attorney. However, the employee. attorney may be compensated for a Upon a finding of discrimination, the reasonable amount of time spent to Army will take remedial actions that make the decision to represent the may include one or more of the follow- complainant. Written submissions to ing: the Army that are signed by the attor- (a) Retroactive promotion. A retro- ney shall be deemed to constitute no- active promotion or assignment with tice of representation. Attorney fees back pay to the position denied the em- are allowable only for services of mem- ployee or an equivalent position may bers of the bar and law clerks, para- be provided as a remedy unless the legals, or law students supervised by record contains clear and convincing members of the bar. No award will be evidence that the employee would not made for the services of any employee have been promoted or employed at a of the Federal Government. Attorney higher grade even without discrimina- fees and/or costs are paid by the activ- tion. The back pay liability may not ity where the discrimination took accrue from a date earlier than 2 years place. Requests for attorney fees and/or before the date the discrimination costs will include all of the following: complaint was filed; however, in no (1) A statement of the number of case will the back pay liability accrue hours spent in preparing and present- from a date before the earliest date the ing the case. This must specify the complainant could have been pro- dates that work was done on the case moted. and detail the work performed. It must (b) Priority consideration. A first con- also describe the training and experi- sideration action (in connection with ence of each person who worked on the an initial hire, reassignment, or pro- case and the number of hours spent by motion) before other applicants or can- each. didates are considered. (2) A sworn statement of the attor- (c) Cancellation. Cancellation of an ney’s usual and customary hourly unwarranted personnel action and res- charge, and the usual fee for each per- toration of the employee. son who worked on the case. (d) Deletion. The deletion from Army (3) A sworn statement explaining all records of any reference to, or any of the following: record of, an unwarranted disciplinary (i) Whether the fee for the case was action. fixed or contingent. (e) Participation. Full opportunity to (ii) Whether the handling of the case participate in the benefit denied com- prevented other employment. plainant (for example, training or pref- (iii) The nature and length of the pro- erential work assignments). fessional relationship with the client.

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(iv) Any other factors that might af- (ii) Fees and disbursements for print- fect the amount of the award. ing and witnesses. (4) Sworn statements by other attor- (iii) Fees for exemplification and cop- neys or the local bar association in the ies of papers necessarily obtained for relevant geographic area, who work in use in the case. employment discrimination, setting (iv) Witness fees will be awarded in forth all of the following: accord with the provisions of 28 U.S.C. (i) The customary fee for such work. 1821, except that no award will be made (ii) The desirability of the case. for a Federal employee who is in a duty (iii) Awards in similar cases. status when made available as a wit- (iv) The reputation, ability, and expe- ness. rience of the attorney requesting the (d) If the complaint is resolved at the fees. activity, with a finding of discrimina- (5) Other information in the form re- tion, the Activity Commander or his or quired by courts in the awarding of at- her designee, in consultation with the torney fees and costs. EEO officer and the labor counselor, is (c) The complainant and his or her authorized to award attorney fees and/ representative, if any, files a verified or costs provided agreement is reached statement of attorney fees and/or costs on the amount of fees and/or costs and as described in b above with the activ- the amount is less than $5,000. In cases ity EEO officer within 20 days of re- where agreement cannot be reached. or ceipt of the decision. The EEO officer where the amount is $5,000 or more, the will immediately submit the request final award will be made by the Sec- and supporting documents to the activ- retary of the Army or his or her des- ity labor counselor for review and rec- ignee. If the parties agree that attor- ommendation. The labor counselor will ney fees should not be awarded, the review and analyze in writing the re- settlement agreement should include quest and supporting documents in ac- an explicit waiver of the complainant’s cord with relevant judicial require- right to seek fees. ments and all the following: (e) If the activity cannot reach a set- (1) Attorney fees. (i) The time and tlement on the fees and/or costs or the labor required. amount requested is $5,000 or more, the (ii) The novelty and difficulty of the activity labor counselor will review the questions. amount claimed and make a rec- (iii) The skill requisite to perform ommendation. This recommendation the legal service properly. will be sent through the Labor and Ci- (iv) The preclusion of other employ- vilian Personnel Law Office, Office of ment by the attorney due to accept- the Judge Advocate General, ATTN: ance of the case. DAJA–LC, WASH 20310–2209, for final (v) The customary fee. decision by the Secretary of the Army (vi) Whether the fee is fixed or con- or his or her designee as follows: tingent. (1) If agreement is not reached at the (vii) Time limitations imposed by the activity within 20 calendar days after client or the circumstances. receiving the verified statement, upon (viii) The amount involved and the receipt of the labor counselor’s rec- results obtained. ommendations, the Secretary of the (ix) The experience, reputation, and Army or his or her designee will issue ability of the attorney. a written final Army decision to the (x) The undesirability of the case. complainant on the amount of fees and/ (xi) The nature and length of the pro- or costs. fessional relationship with the client. (2) The decision should be issued (xii) Awards in similar cases. within 30 calendar days after receipt of (2) Costs (as authorized by section the verified statement. 1920, title 28, United States Code (28 (3) The decision will give specific rea- U.S.C. 1920)). sons for the amount of the award and (i) Fees of the reporter for all or any state the complainant’s right to appeal of the stenographic transcripts nec- the decision to EEOC or file a civil ac- essarily obtained for use in the case. tion in a Federal District Court.

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(f) If the complaint of discrimination (2) On the merits of the claim for in- is resolved on the merits by a decision dividual relief or the issue of attorney of the Secretary of the Army or his or fees and/or costs. her designee, the award of attorney (c) Except as provided in § 588.57(f) fees and/or costs must also be made by complainant in an individual com- the Secretary of the Army or his or her plaint of discrimination may file a no- designee in accord with the procedures tice of appeal with the EEOC any time outlined in (e) above. after receiving the Army Notice of (g) All payment of attorney fees and/ Final Decision on his or her complaint or costs will be made payable jointly to but not later than 20 calendar days the complainant and the attorney of after receiving the decision. A notice of record. appeal will be deemed filed on the date it is postmarked or, without a post- § 588.55 Informal no-fault settlement. mark, on the date it is received by the (a) Informal settlements of com- EEOC. Any statement or brief to sup- plaints may be reached though the port the appeal must be sent to the Army need not admit fault, wrong- EEOC and to EEOCCRA, ATTN: SFCR, doing, or discrimination provided that WASH DC 20310–1813, within 30 calendar the ROI indicates some merit to the al- days after the date the notice of appeal legation of wrongful action. was filed. (b) The standard for informal settle- (d) On receiving the complainant’s ment awards is stated in § 588.51. statement or brief, EEOCCRA will ask (c) The Activity Commander, or his the activity to send management com- or her designee, in consultation with ments and copies of the case file. These the EEO officer and the labor coun- comments must be coordinated be- selor, has authority to award attorney tween the activity EEO officer, labor fees and/or costs as part of an informal counselor, and CPO, and must be re- settlement if agreement is reached be- ceived by EEOCCRA early enough for tween the parties and the amount to be EEOCCRA to meet the EEOC suspense awarded is less than $5,000. If the par- date. Comments will be prepared in a ties do not reach agreement, or the format that will permit forwarding to amount is $5,000 or more, the final EEOC without editing or retyping. award will be made by the Secretary of (e) Except as in § 588.57(f) an agent or the Army or his or her designee. a claimant in a class complaint may file an appeal at any time after receiving a final Army decision, but not later Subpart F—Appeals and Civil than 15 calendar days after receiving Actions the decision. An appeal will be deemed filed on the date it is postmarked or, § 588.57 Appealing an Army decision. without a postmark, on the date it is (a) A complainant in an individual received by the EEOC. complaint of discrimination or a class (f) Usually, the time limits for filing agent in a class complaint may appeal a notice of appeal will not be extended to the EEOC Office of Review and Ap- by the EEOC. However, the EEOC, at peals, 2401 E Street, NW, WASH DC its discretion, may extend the time 20507, the Army decision— limits and accept an appeal based on a (1) To reject or cancel the complaint written statement by the complainant. in whole or in part. The statement must show that the (2) To refuse to reinstate the com- complainant was not notified and not plaint for further processing. otherwise aware of the prescribed time (3) On the merits of the complaint, limits, or that circumstances beyond the issue of attorney fees and/or costs, his or her control prevented filing a no- or the remedial action. tice of appeal or an appeal within the (b) A claimant in a class complaint prescribed time limits. may appeal to the EEOC Office of Re- (g) The EEOC Office of Review and view and Appeals, 2401 E Street, NW, Appeals reviews the complaint file and WASH DC 20507, the Army decision— all relevant written representations (1) To cancel or reject a claim for in- made by the parties. The office may re- dividual relief. turn the complaint to the Army for

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further investigation or for a new hear- EEOCCRA for action. Any Army re- ing, or may have an EEOC investigator quest to reopen and reconsider must be look into the case. The office issues a made within 30 days of the date of the written decision that sets forth its rea- EEOC Office of Review and Appeals de- sons for the decision and sends copies cision. of the decision to the complainant, the (1) The request will be fully self-con- designated representative and tained and will explain how the criteria EEOCCRA. EEOCCRA will send the de- of above applies to the case. It will be cision to the activity. If corrective ac- prepared to show an Army position tion is ordered, the activity must take rather than a local position and will be the action. The activity will promptly typed on plain bond paper. report to the EEOC compliance officer, (2) The request will be sent to with copies to the complainant, the EEOCCRA as early as possible but not MACOM, and EEOCCRA, that the ac- later than 7 work days before the 30- tion has been taken. calendar-day time limit for requesting (h) For purposes of an appeal to the reopening and reconsideration expires. EEOC, the Army decision is final only (3) The request to reopen and recon- when all issues in the complaint, in- sider will be prepared in a format that cluding the award of attorney fees and/ will permit forwarding to EEOC with- or costs, have been resolved. If fees out editing or retyping. and/or costs are to be awarded, the de- (4) EEOCCRA will check the submis- cision will not be final until the proce- sion for consistency with the case file dure for determining the amount of the and, if otherwise proper, will obtain ap- award has been completed. proval from the Director of EEO. (i) An Army request to reopen and re- § 588.58 Review by the EEOC commis- consider may be submitted to EEOC sioners. only if approved by the Director of (a) The EEOC commissioners may, at EEO. their discretion, reopen and reconsider (ii) Approval will be granted only any previous decision when the re- when the Director of EEO finds that questing party files written argument the submission is timely, meets EEOC or evidence that tends to establish one criteria, and is in the best interest of or more of the following: the Army. Approval will not be granted (1) New and material evidence is routinely. available that was not readily available when the previous decision was is- § 588.59 Civil actions. sued. (a) A complainant in an individual (2) The previous decision involves an complaint or an agent in a class com- erroneous interpretation of law or reg- plaint has the right to file a civil ac- ulation or a misapplication of estab- tion in a Federal District Court. Time lished policy. limits for filing, except for complaints (3) The previous decision may set a based on age (see § 588.6(c)(1)(iii)), are precedent involving a new or as follows: unreviewed policy consideration that (1) Within 30 calendar days after re- may have effects beyond the case at ceiving the notice of the final Army de- hand or, is otherwise of such an excep- cision on the complaint or claim. tional nature as to merit the special (2) After 180 calendar days from the attention of the Commission. date of filing a complaint with the (b) A copy of any statement or brief Army if there has been no decision. in support of a request to reopen and (3) Within 30 calendar days after re- reconsider must be submitted to the ceiving the notice of the final EEOC EEOCCRA as well as to the activity decision on the complaint. EEO officer. (4) After 180 calender days from the (c) An Activity Commander or a des- date of filing an appeal with the EEOC ignee who wishes to request reopening if the EEOC has not made a decision. will consult the labor counselor to de- (b) In complaints alleging age dis- termine if the request meets the re- crimination, the complainant can file a quirements of this paragraph. If so, the civil action in Federal District Court 30 commander will send the request to days after providing notice to the

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EEOC of his or her intent to file a civil are lodged ‘‘against’’ the Army, not action. Such notice must be given to ‘‘against’’ individuals. the EEOC within 180 days of the occur- (b) Employees and applicants must be rence of the alleged discriminatory act. free to avail themselves of the dis- If a complainant elects to pursue his or crimination complaint procedures her age complaint through the admin- without fear of reprisal. However, en- istrative procedures outlined in sub- suring these rights of complainants is part B then he or she may not file a not done without regard for the rights civil action in Federal District Court of persons against whom allegations of until all administrative remedies (in- discrimination have been made. Per- cluding an appeal of the final Army de- sons, named or otherwise, identified as cision to the EEOC) have been ex- ADOs have clearly defined rights and a hausted. significant role in the complaint proc- (c) All Army decisions must notify ess. the complainant of the right to file a (c) A complainant cannot always be civil action and of the time limits for expected to know which person, if any, doing so. For civil action purposes, the might have been responsible for a spe- Army decision is final only when a de- cific action or policy. Therefore, a termination has been made on all the complainant must not be required to issues in the complaint, including identify ADO(s) in complaints of dis- whether or not to award attorney fees crimination, but may do so if he or she and/or costs. If attorney fees and/or believes particular persons have dis- costs are to be awarded, the decision criminated against him or her. will not be final until the procedure (d) The Army must ensure that per- outlined in subpart E for determining sons named as ADOs are informed of all the amount of the award has been fol- allegations made against them and are lowed. given a full and fair opportunity to re- (d) The labor counselor will inform spond to these allegations. the activity EEO officer and the EEOCCRA (ATTN: SFCR, WASH DC § 588.61 The ADO at the informal 20310–1813) when litigation is initiated stage. on any EEO complaint. The following (a) The informal counseling stage, will be provided: the EEO counselor must solicit the (1) EEOCCRA docket number. views of an identified ADO unless the (2) Federal Court docket number. counselor obtains and provides infor- (3) Federal Court where the suit has mation which clears the official to the been filed. satisfaction of the aggrieved person. (4) Date of filing. (b) Before the counselor interviews (5) Copy of Federal Court complaint. the ADO, the ADO must be told that he (6) Date suit terminated. or she has been identified as a poten- (7) Copy of court order terminating tial ADO. The ADO must be informed suit. of the nature of any allegations made and must be told of the right to have a Subpart G—Participation by the representative at the interview to ad- Alleged Discriminating Official vise him or her on how to respond to any questions the counselor may ask. § 588.60 General guidance. (c) The counselor must not reveal the (a) The purpose of the discrimination identity of the aggrieved person when complaint procedure is to determine the aggrieved person has not author- whether discrimination has occurred so ized him or her to do so. that appropriate remedial action can be taken. Investigations and hearings § 588.62 The ADO during the in discrimination complaint cases are USACARA investigation. essentially fact-finding processes. (a) The USACARA investigator must Their purpose is to develop and record give an ADO the opportunity to re- evidence on which an informed and im- spond to all allegations made against partial decision can be based. It is not him or her and to review all documents the purpose of the complaint procedure that name or implicate the ADO and to try individual officials. Complaints are to be included in the investigative

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file. Names and other identifying infor- at the hearing. If the ADO has not been mation of persons other than the com- called to testify, the activity EEO offi- plainant and the ADO will be deleted cer must tell the ADO how and where by the investigator from the copies to contact the labor counselor and the shown to the ADO to protect these per- hearing examiner to arrange to testify sons from an unwarranted invasion of or comment. their privacy. The investigator must (b) The presence of the ADO and his also advise the ADO of his or her right or her representative, if any, at the to have a representative present. hearing is limited to the time the ADO (b) The investigator must give the appears as a witness. ADO full opportunity to state the facts as he or she understands them, in affi- § 588.65 The final Army decision. davit form, for inclusion in the inves- (a) If the final Army decision finds tigative file, and to name witnesses discrimination, the Activity Com- who might be questioned. The inves- mander or his or her designee will re- tigator must inform the ADO that only view the entire file and determine witnesses whose testimony is consid- whether disciplinary action against the ered necessary to the investigation will ADO is appropriate and record the be interviewed. Also, the investigator basis for its decision. The decision must tell the ADO that the only testi- shall not be included in the complaint mony to be obtained in affidavit form file. If the decision is to take discipli- and included in the investigative file is nary action, the entire complaint file that which the investigator deems rel- will be made available to the ADO for evant and necessary to the investiga- review. If no disciplinary action is tion. taken against the ADO after a finding (c) The activity EEO officer must of discrimination, the complaint file keep the ADO informed of the progress will be made available to the ADO for of the investigation. When the inves- review but names and identifying infor- tigation is completed, the EEO officer mation of persons other than the com- must review the investigative file to plainant and the ADO will be deleted ensure that the ADO has had the oppor- from the file. This action will be taken tunity to provide his or her version of to protect such persons from an unwar- the facts in response to each allega- ranted invasion of privacy. tion. If the file shows that the ADO was (b) If the activity takes or proposes not given this opportunity, the EEO of- adverse or other corrective action ficer will return the case file to against the ADO based on the evidence USACARA for appropriate action. developed in processing the complaint, the Activity Commander or his or her § 588.63 Informal adjustment and pro- designee will make the entire composed disposition. plaint file, without deletions, available (a) The Activity Commander or a des- to the ADO for review. Corrective ac- ignee may, at his or her discretion, tion may include requiring the ADO to consult with the ADO on the terms complete EEO training or temporarily under which the activity will try to in- or permanently withdrawing the ADO’s formally resolve the complaint. selection or disciplinary authority. (b) If an informal adjustment is Though not disciplinary, such actions agreed upon, the Activity Commander constitute censure and correction of or his or her designee must inform the the ADO’s conduct or performance. ADO of the terms of the agreement. (c) If the final decision concludes (c) If an agreement is not reached, there was no discrimination, the Activ- the Activity Commander or a designee ity Commander or his or her designee will give the ADO a copy of the pro- will give the ADO a copy, sanitized in posed disposition. accord with a, above, of the final Army decision only. § 588.64 The ADO at the hearing. (a) The ADO has the right to testify § 588.66 Appeals to the EEOC. at the hearing and comment for the If a complainant appeals the Army record on any allegations against him decision to the EEOC Office of Review or her including new allegations made and Appeals, the EEO officer must give

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the ADO a copy of the EEOC decision. plaint will be performed by the com- If the decision of the EEOC reverses or mander at the next higher level. If the modifies the Army decision with a Activity Commander is named as an finding of discrimination, the EEO offi- ADO merely by virtue of his or her po- cer will make the complaint file avail- sition, then he or she may continue to able to the ADO. process the complaint. (c) Staff Judge Advocate (SJA). If the § 588.67 Representing the ADO. SJA or senior legal officer of the serv- (a) The ADO has a right to have a icing legal office is named as an ADO representative present to advise him or in a discrimination complaint based on her any time when the ADO must pro- actions he or she has taken against the vide information during the complaint complainant, legal advice to the com- process. This includes the informal mand in the processing of that com- stage, the investigation, and the hear- plaint will be provided by the servicing ing. legal office of the next higher level of (b) The role of the ADO representa- command. If the SJA or senior legal of- tive at all stages of the EEO complaint process is limited to advising the ADO ficer is named as an ADO merely by on how to respond to questions. The virtue of his or her position, then he or representative does not have the right she may continue to provide advice on to examine and cross-examine wit- the complaint. nesses at the EEOC hearing (as may be (d) Civilian Personnel Officer (CPO). If done by the complaints examiner and the CPO is named as an ADO in a dis- the representatives of the complainant crimination complaint based on ac- and the Army) because the ADO is not tions he or she has taken against the a party to the complaint. complainant, the CPO at the next higher level of command will provide per- § 588.68 The ADO’s role in class com- sonnel advice to the complaint. plaints of discrimination. (e) MACOM EEO officer. If a MACOM The principles and procedures in this EEO officer is named as an ADO in a chapter on the ADO’s role in individual discrimination complaint based on ac- complaints of discrimination also tions he or she has taken against the apply to class complaints. complainant, that officer’s function within the processing of that com- § 588.69 Conflicts of interest. plaint will be performed by a special When a person involved in the EEO EEO officer designated by the MACOM complaint process (for example, EEO commander. If the MACOM EEO officer officer, Activity Commander, MACOM is named as an ADO merely by virtue EEO officer) is named as an ADO, the of his or her position, then he or she procedures below will be followed in may continue to process the complaint. order to avoid a possible conflict of in- (f) MACOM commander. If a MACOM terest: commander is named as an ADO in a (a) EEO Officer. If an EEO officer is named as an ADO in a discrimination particular discrimination complaint complaint based on actions he or she based on actions he or she has taken has taken against the complainant, against the complainant, that com- that officer’s function in the processing mander’s function within the process- of that complaint will be performed by ing of that complaint will be performed the EEO officer at the next higher by the Vice Chief of Staff of the Army. level. If the EEO officer is named as an If the MACOM commander is named as ADO merely by virtue of his or her po- an ADO merely by virtue of his or her sition, then he or she may continue to position, then he or she may continue process the complaint. to process the complaint. (b) Activity Commander. If an Activity (g) Director of EEO/Secretary of the Commander is name as an ADO in a Army. If the Secretary of the Army or discrimination complaint based on ac- the Director of EEO is named as an tions he or she has taken against the ADO in a discrimination complaint complainant, that commander’s func- based on actions he or she has taken tion in the processing of that com- against the complainant, the Secretary

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of the Army will designate a DA offi- in writing. Any change will be reported cial to perform the functions of the of- in writing to the EEO officer, with cop- ficial named as an ADO. If the Sec- ies to the counselor, investigator, or retary of the Army or the Director of complaints examiner, as appropriate. EEO is named as an ADO merely by (c) The Army must be notified when virtue of his or her position, then he or an attorney is retained to represent a she may continue to process the com- complainant or class agent. Written plaint. submissions to the Army that are signed by the representative are Subpart H—Witnesses, Represen- deemed to constitute notice of rep- tation, Administrative Proce- resentation. This notice is required to dures, and Reports establish the attorney’s eligibility to claim fees and/or costs. § 588.70 Arranging for witnesses. (d) After consulting with the SJA or (a) Army military and civilian per- senior legal officer of the servicing sonnel requested as witnesses by the legal office, the Activity Commander EEO officer, the investigator, or the or his or her designee may deny per- EEOC complaints examiner will be mission to an Army employee or mili- made available unless it is administra- tary member to serve as a representa- tively impractical. If a needed Army tive if this would constitute a conflict witness is not under local administra- of interest. This denial will be made in tive control, the Activity Commander a letter to the complainant stating the or the EEO officer may ask the wit- reasons. The letter must tell the com- ness’ commander to make that person plainant that an appeal of the denial available. Denials will be promptly re- may be filed with the EEO officer with- ferred to the EEO officer of the next in 5 working days after receipt of the higher level command of the requested denial. The denial and the appeal are witness. If the denial is not justified, then sent immediately to the Director, the next higher level command will di- EEOCCRA, ATTN: SFCR, WASH DC rect the organization to make the wit- 20310–1813, for decision. ness available. (b) If a needed witness is employed by § 588.72 Representing the Army in in- another Federal agency or has left Fed- dividual complaints. eral employment, he or she will be con- (a) The Army is represented in com- tacted by the EEO officer. The EEO of- plaint proceedings by the labor coun- ficer will make every reasonable effort selor (a judge advocate or a civilian at- to ensure the presence of the witness. torney from the SJA or legal office). If the witness refuses to appear, the The labor counselor’s role is to ensure EEO officer will refer the matter to the that the Army’s position is based on a investigator or the complaints examiner. sound legal theory and supported by (c) A Federal employee is in an offi- competent evidence at both the inves- cial duty status when he or she appears tigative and hearing stages. The labor as a witness or is required to provide a counselor does not represent the ADO. statement under oath or affirmation. (b) The labor counselor may have a CPO technical adviser at the hearing. § 588.71 Complainant’s and class agent’s representative. § 588.73 Representing the Army in class complaints. (a) A complainant or an agent in a class complaint has the right to be ac- (a) The EEO counselor may seek companied, represented, and advised by legal advice from the servicing legal of- a representative of his or her own fice during the informal stage of class choice at any stage of the complaint discrimination complaints after con- process, including the informal coun- sulting with his or her EEO officer. seling stage. No employee or military (b) When an individual or class com- member is obligated to serve as a rep- plaint is filed formally, the Activity resentative. Commander will appoint an Army (b) The complainant or the class judge advocate or civilian attorney as agent will designate the representative the labor counselor to represent the

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Army at the activity level as described (b) The file will not contain any doc- in §§ 588.2 and 588.3. ument that has not been made available to the complainant or his or her § 588.74 Using official time. representative. Under 29 CFR 1613.214, complainants, (c) The file will be indexed. The file agents, and representatives who are will also be tabbed in reverse chrono- Army employees have the right to a logical order and will contain legible reasonable amount of duty time to pre- copies of the following documents, pare and present a complaint filed when applicable, and in the order listed under this regulation. Employees must below: arrange in advance with their super- (1) Tab O. visors to use this duty time. Disagree- (i) EEO Complaint Data Sheet: DA ments as to what is ‘‘reasonable’’ time Form 5493–R (Individual Complaint are resolved by the Activity Com- Data Sheet) or DA Form 5494–R (Class mander or a designee. ‘‘Reasonable Complaint Data Sheet). duty time’’ includes all time actually (ii) Complaint Chronology Sheet: DA spent in meetings and hearings re- Form 5495–R (Chronology of Individual quired by an Army or EEOC official EEO Complaint) or DA Form 5496–R plus a reasonable amount of prepara- (Chronology of Class EEO Complaints). tion time. Reasonable time for prepa- (iii) DA Form 5497–R (Disposition of ration purposes is generally defined in Complaint of Discrimination). terms of hours rather than days, (2) Tab N. weeks, or months. (i) Final Army decision. (ii) Return receipt or other evidence § 588.75 Hearing arrangements. of complainant’s receipt of final Army (a) Expenses incurred in the adminis- decision. trative processing of an EEO complaint (3) Tab M. EEOC complaints examin- will be borne by the activity against er’s report of findings, analysis, and which the complaint is lodged. recommendations. (b) The servicing activity EEO officer (4) Tab L. Verbatim transcript of will ensure that a court reporter is pro- EEOC hearing and all exhibits. vided for the hearing and that the tran- (5) Tab K. EEO officer’s letter to scripts are sent directly to the EEOC EEOC requesting assignment of a com- complaints examiner. Use of Army em- plaints examiner. ployees to transcribe hearings is pro- (6) Tab J. hibited by the EEOC. However, inter- Request for Army decision without a service support agreements with the hearing. Navy and Air Force may be used in- Request for hearing before EEOC. stead of contracting for such services. (7) Tab I. (c) All requests to the EEOC for a (i) Proposed disposition. hearing will contain instructions that (ii) Notice to complainant of adop- the completed case file, with all copies tion of proposed disposition as Army of the transcript and the complaints final decision if complainant has failed examiner’s recommended decision is to to respond within 15 days. be sent to the Director, EEOCCRA, (8) Tab H. ATTN: SFCR, WASH DC 20310–1813. If (i) Record of adjustment conference. the examiner erroneously transmits (ii) Settlement agreement is signed the case file to the activity EEO offi- by all parties and documents showing cer, the case must be returned imme- implementation. diately to EEOC by registered mail (iii) Written withdrawal of complaint with instructions for transmission to by complainant, if applicable. the Director, EEOCCRA. (9) Tab G. (i) Record of transmittal of § 588.76 Complaint file. USACARA ROI to activity. (a) The EEO officer will compile a (ii) Record of transmittal of complaint file that will include all doc- USACARA ROI to complainant. uments pertinent to the complaint ex- (10) Tab F. Entire investigator’s re- cept for the Army decision regarding port including exhibits tabbed as re- action against the ADO. ceived from the investigator.

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(11) Tab E. duction purposes are located at the (i) EEO Officer’s request to back of this regulation. USACARA for appointment of an inves- (2) Every complaint file will contain tigator. an EEO chronology sheet completed by (ii) USACARA response to EEO offi- the activity EEO officer and the cer. EEOCCRA. See DA Form 5495–R for in- (iii) EEO officer’s notice to labor dividual EEO complaints and DA Form counselor of date, time, and location of 5496–R for class EEO complaints. The USACARA investigation. chronology sheet will account for the (12) Tab D. processing time from the date of the al- (i) Appointment letter of labor coun- leged discriminatory action to the selor as Army representative. final Army decision and any adminis- (ii) Written designation by complainant of his or her representative trative or judicial appeal. Failure to (13) Tab C. meet any administrative suspense es- (i) Formal EEO complaint, DA Form tablished by this regulation should be 2590–R. fully explained in the ‘‘Remarks’’ sec- (ii) EEO officer’s acknowledge receipt tion of this chronology sheet. These of the formal complaint. DA Forms will be reproduced locally on (iii) EEO officer’s acceptance of the 81⁄2– by 11-inch paper. Copies for repro- formal complaint. duction purposes are located at the (iv) EEO officer’s rejection or can- back of this regulation. cellation of the formal complaint. (14) Tab B. § 588.77 Complaints reporting. (i) Notice of Final interview. (a) The EEO counselor will complete (ii) EEO counselor’s final report. DA Form 5492–R at the time of the (iii) 21-day letter, if applicable. final interview and submit it to the (15) Tab A. All allied papers (all docu- EEO officer in accord with § 588.13(d). ments relevant to the case but not spe- The EEO officer will transmit copies of cifically included in the above section this report to EEOCCRA and the attached in reverse chronological MACOM of the activity against which order). the complaint is lodged upon termi- (d) All EEOC appellate documents will be tabbed in reverse chronological nation of counseling. order with Arabic numerals. (b) Individual formal complaint report- (e) All civil litigation documents will ing. (1) Immediately upon receipt of a be tabbed in reverse chronological formal EEO complaint (DA Form 2590– order with Roman numerals. R), the activity EEO officer will com- (f) When the complainant requests a plete and dispatch a copy of the formal decision by the Secretary of the Army complaint to the Director, EEOCCRA, or his or her designee on the basis of ATTN: SFCR, WASH DC 20310–1813. Re- the record as it stands, or after a hear- ceipt of the complaint will be acknowl- ing, the original case file will be clear- edged, in writing, by EEOCCRA. The ly indexed and tabbed as described in acknowledgment will contain a docket paragraph c above and all pages will be number assigned to the case by clearly legible. EEOCCRA which will be used through- (1) Every complaint file will contain out the processing of the EEO com- an EEO complaint data sheet. See DA plaint. This docket number does not re- Form 5493–R for individual EEO com- place the docket number assigned by plaints and DA Form 5494–R for class USACARA, rather it is used as a con- EEO complaints. The data sheet will be trol to identify the records in filled out by the EEO counselor and the EEOCCRA. activity EEO officer. Any entry con- (2) After receiving the EEOCCRA trary to the provisions of this regula- docket number, the EEO officer will tion should be explained by the responsible EEO official in the ‘‘Remarks’’ use the docket number on all docu- section of the data sheet. These DA ments generated or submitted by the Forms will be reproduced locally on 8 activity EEO officer in the processing 1⁄2– by 11-inch paper. Copies for repro- of the complaint.

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§ 588.78 Disposition of complaints of (b) Expenses of the Army investiga- discrimination. tors, counselors, or investigators from (a) When action on a complaint of other Federal agencies will be funded discrimination has been completed at by the activity where the alleged dis- the activity level, the case record will crimination took place. be promptly forwarded to the Director, (c) Expenses of the EEOC complaints EEOCCRA, ATTN: SFCR, WASH DC examiner are paid for by EEOC. 20310–1813. When the case has been (d) Travel expenses of Army person- closed at the activity, instructions set nel (complainants, representative, or forth in § 588.78(b) will be followed. witnesses), whose travel is required by When a hearing is requested, one copy a complaints examiner or other author- of the file, similarly compiled, will be ized official, will be funded by the ac- forwarded to the EEOC district office tivity against which the complaint is that will provide the complaints exam- lodged. iner. Additionally, one copy of the file, (e) Travel expenses of non-Army per- similarly compiled, will be forwarded sonnel (applicants/complainants) will to EEOCCRA. In all cases, the chro- not be paid in advance by the Army. nology of events will be completed and Nor, if they are Federal employees, can included in the case file. (See § 588.76) their expenses be paid by their agencies This will apply whether forwarded to unless their role concerns official busi- the EEOC complaints examiner for a ness of the current employers. A suc- hearing or to the EEOCCRA for a deci- cessful applicant/complainant, may, sion on the record. however, be reimbursed for such travel (b) Cases closed at the activity level expenses as part of his or her costs. are as follows: (f) If a complaint of discrimination is (1) Cases are closed at the activity filed against a tenant organization, the level as a result of rejection, cancella- tenant organization will pay the hear- tion, withdrawal, termination, adjust- ing costs, investigative costs, attorney ment, or decision on the merits. fees and/or costs unless otherwise pro- (2) If a formal EEO complaint is vided for in a host-tenant agreement. closed in whole at the activity level, Problems that develop between host the EEO officer will submit the origi- and tenant organizations will be nal file and one copy to EEOCCRA, promptly referred for resolution to the compiled in accord with § 588.66, and parent MACOM. DA Form 5497–R. Submissions will be (g) If the complaint involves a non- made within 10 days after the com- appropriated fund (NAF) activity, the plaint is closed. If the complaint has costs will be borne by the host activity been closed in part, two legible copies (that is, the appropriated fund activity of the file will be forwarded to that heads the installation where the EEOCCRA within 10 days, compiled in NAF is assigned). accord with § 588.66 along with DA Form 5497–R. Such case files will be APPENDIX A TO PART 588—STEPS IN IN- notated as partial closure. DIVIDUAL COMPLAINTS OF DISCRIMINA- (c) Activities and MACOMs will be TION notified of cases closed at the DA level by receipt of a copy of the final Army Action Time limits decision signed by the Secretary of the 1. Employee or applicant must Within 30 calendar days Army or his or her designee. see EEO counselor or EEO offi- after the alleged dis- cer. crimination, personnel § 588.79 Travel and other costs. action, or when the complainant becomes For individual complaint as well as aware or reasonably class complaints of discrimination, should have become travel and other related expenses will aware of the action. 2. EEO counselor makes inquiry, Within 21 calendar days be as follows: tries to resolve complaint infor- after matter first called (a) Travel and per diem expenses of mally, conducts final interview, to EEO counselor's at- USACARA investigators will be funded and, if complaint is not retention. solved, gives complainant writ- by the activity against which the al- ten notice of right to file formal leged discrimination is lodged. complaint.

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Action Time limits Action Time limits

3. Complainant files formal com- Within 15 calendar days 12. Appeal to EEOC: plaint (DA Form 2590±R) in after receipt of the No- a. Complainant sends notice Within 20 calendar days writing with EEO officer or other tice of Final Interview of appeal to EEOC with after receiving Army designated official. Must advise or if final interview not copy to EEOCCRA. final decision. EEO officer if he or she obtains held, anytime after 21 b. Complainant sends state- Within 30 calendar days legal or other representation. days from initial con- ment or brief to support ap- after filing Notice of tact with the EEO peal of Army decision to Appeal. counselor. EEOC, with a copy to 4. EEO officer accepts or rejects Within 5 calendar days EEOCCRA. the formal complaint in whole or after receipt of com- 13. Civil action by complainant: in part. plaint. a. Before final Army decision After 180 calendar days 5. EEO officer sends file to Within 3 calendar days after filing formal com- USACARA requesting assign- after acceptance. plaint. ment of an investigator if any b. Instead of appeal to EEOC Within 30 calendar days part of complaint is accepted. If after Army final decision. after receiving Army complaint is rejected, EEO offi- decision. cer notifies complainant and representative. c. Before EEOC final decision After 180 calendar days or appeal. after filing appeal to 6. USACARA investigator com- Within 45 calendar days EEOC. pletes investigation and sends from assignment. ROI to activity. d. After EEOC final decision Within 30 calendar days 7. USACARA ROI furnished to Within 5 calendar days on appeal. after receiving EEOC complainant and an adjustment after receipt of decision. meeting offered. USACARA ROI. Note: In age complaints, a complainant must appeal the 8. If adjustment meeting held and Army decision to the EEOC before filing a civil action in a adjustment reachedÐ Federal District Court. a. Written agreement specifying terms of proposed dis- APPENDIX B TO PART 588—STEPS IN position is signed by both parties. Copy is given to CLASS COMPLAINTS OF DISCRIMINATION complainant. b. Activity Commander takes Action Time limits action agreed upon. 9. If adjustment meeting is not 1. Class agent contacts EEO Within 90 calendar days held or no adjustment is counselor about class complaint. after the alleged dis- reachedÐ criminatory matter, a. Activity Commander issues Within 20 calendar days personnel action, or a proposed disposition, in- from receipt of the date that the ag- cluding finding issues of USACARA ROI. grieved person be- discrimination and pro- came aware or rea- posed remedial action in- sonably should have cluding appeal rights. become aware of the b. Complainant informed of Same as a above. discriminatory event or right to request EEOC personnel action. hearing or Army decision 2. EEO counselor makes inquiry, Within 30 calendar days without hearing. attempts informal resolution, after contact by class c. If complainant fails to re- Within 15 calendar days and conducts final interview. In- agent. spond, Activity Commander after notice proposed forms class agent, in writing, of adopts proposed disposi- disposition. right to file formal complaint. tion as final Army decision 3. Class agent files formal com- Within 15 calendar days and notifies complainant plaint with EEO officer. Notifies after receiving Notice and representative. EEO officer if legal representa- of Final Interview. d. If complainant asks for de- Same as c above. tion is obtained. cision without hearing, EEO 4. EEO officer coordinates with officer sends complaint file labor counselor on class status (original and one copy) to of complaint. EEOCCRA. 5. EEO officer sends complaint Within 10 calendar days e. If complainant requests Same as c above. file, including a brief if deemed after receiving com- hearing, EEO officer re- necessary, to EEOC district of- plaint. quests complaints exam- fice for assignment of com- iner from EEOC. plaints examiner. 10. Hearing held and findings and 6. Allegations not discussed with Within 15 calendar days recommendations sent by EEO counselor or nonspecific for response from ac- EEOC complaints examiner to allegations are returned by tivity or class agent. EEOCCRA. EEOC complaints examiner for 11. Army final decision by the Di- Within 180 calendar additional information. rector of EEO to include appeal days after the date 7. Complaints examiner rec- right. that the formal com- ommends to the Secretary of plaint was filed or 30 the Army or his or her designee days after receipt of to accept, reject or cancel com- the examiner's report plaint. Sends copy to agent. recommending a finding of discrimination.

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Action Time limits Action Time limits

8. Secretary of the Army or his or EEOC recommendation 20. Complaints examiner's report her designee decides to accept, becomes Army deci- of findings and recommenda- reject, or cancel complaint. If sion unless Secretary tions forwarded to Army decision is to reject or cancel, of the Army or des- EEOCCRA. advises class agent of right to ignee rejects or modi- 21. Final Army decision made by Time limits as in step 15. file individual complaint and ap- fies it within 10 cal- Secretary of the Army or his/her peal to EEOC. endar days after re- designee. ceipt. 22. Appeals and Civil Action 9. If complaint accepted, the EEO Within 15 calendar days Rights: officer notifies all class mem- after acceptance. a. Class agent may appeal to bers of existence of class com- EEOC whenÐ plaint and right to opt out. Activ- ity Commander designates (1) Complaint rejected or Within 15 calendar days Army representative. canceled by the Army. after the Army deci- 10. Class members may opt out. Within 30 calendar days sion. (Final decision binding on all after issuance of no- (2) Army refuses to rein- members who do not opt out.). tice. state complaint for 11. All parties to complaint de- Within 60 calendar days processing after agent velop evidence and send it to after notification by the alleges that Army has EEOC. Complaints examiner EEOC complaints ex- not carried out terms may direct investigation. aminer. of resolution. 12. Informal resolution attempted (3) Army issues decision by class agent and Army. on merits of complaint 13. If no resolution, hearing by or corrective action. EEOC complaints examiner. b. Claimant may appeal to 14. EEOC complaints examiner's EEOC whenÐ findings and recommendations (1) Army rejects claim for forwarded to EEOCCRA. individual relief. 15. Final Army decision. Agent in- Within 30 calendar days formed of right to appeal to after receiving com- (2) Army decides on ad- EEOC and file civil action in plaints examiner's re- justment of claim for Federal District Court. port. If no decision individual relief. within 30 calendar c. Class agent and claimants days, then the com- may file a civil action plaints examiner's find- whenÐ ings and recommenda- (1) Army issues final de- Within 30 calendar days. tions become the final cision on complaint or Army decision. claim. 16. All class members notified of Within 10 calendar days. (2) There has been no After 180 calendar days the final Army decision by EEO Army decision on com- from date of filing for- officer. plaint or claim. mal complaint or claim 17. Individual class members may Within 30 calendar days with Army. file written claim. after Army decision. (3) EEOC issues deci- Within 30 calendar days. Persons must have sion on appeal. been affected no more (4) Appeal was made to After 180 calendar days than 135 calendar EEOC and no decision from date of filing for- days before filing of has been given. mal complaint or claim class complaint. 18. Army tries to resolve claim at Within 60 calendar days with EEOC. activity level. after date claim filed. Note: In age discrimination complaints, an agent must ap- 19. Hearing held by EEO com- peal the Army decision to the EEOC before filing a civil action plaints examiner if no resolution. in a Federal District Court.

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APPENDIX C TO PART 588—PROCEDURAL STEPS IN AN INDIVIDUAL DISCRIMINATION COMPLAINT

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APPENDIX D TO PART 588—SAMPLE FOR- 3. Options for employees within the MAT: AVENUES OF REDRESS FOR ARMY bargaining unit. If you are a member of EMPLOYEES a bargaining unit covered by a union contract and if the negotiated griev- Subject: Avenues of redress for Army ance procedure in that contract does employees not exclude discrimination issues, you From: EEO officer may have the following options: To: (Name of person counseled) a. In actions under 5 U.S.C. 7512 (Re- 1. Grounds for discrimination com- moval, supension for more than 14 plaint. If you believe you have been days, reduction in grade, reduction in discriminated against because of race, pay, furlough for 30 days or less) and 5 color, religion, sex, national origin, U.S.C. 4303 (Removal or reduction in age, physical or mental handicap and/ grade for unacceptable performance), or reprisal, or in an employment mat- you have the following options. First, ter subject to the control of the Army, you may follow the discrimination you may have the choice of more than complaint procedure described in para- one route to file a complaint and have graph 2a above. Second, you may fol- it resolved. low the MSPB procedures described in 2. Options for employees outside of paragraph 2b above. Third, you may the bargaining unit. If you are not a follow the negotiated grievance proce- member of a bargaining unit covered dure. Your union contract outlines the by a union contract, you may select steps involved in a negotiated griev- one of the following options: ance procedure, which include an infor- a. The discrimination complaint pro- mal and a formal grievance with spe- cedure (covered by AR 690–xxx). Your cific time limits for filing, and a deci- first step under that procedure is to sion by Army management. The next contact an EEO counselor within 30 step, arbitration, may be requested calendar days from the date the act of only by the union or by the Army, not discrimination took place or the date by you. If you choose the negotiated you became aware, or reasonably grievance procedure, you have the should have become aware, of the act right to appeal the final Army decision of discrimination. If the counselor can- or the arbitration award to the EEOC. not resolve your problem, you may file Note that decisions in 5 U.S.C. 7512 or a formal complaint. The counselor will 4303 cases are not appealable to the tell you with whom to file your com- Federal Labor Relations Authority plaint and will explain complaint pro- (FLRA). cedures. These include an investigation b. In actions not covered by 5 U.S.C. by the U.S. Army Civilian Appellate 7512 or 4303, but otherwise appealable Review Agency, a hearing by the Equal to MSPB, you have access to the MSPB Employment Opportunity Commission procedures only if such actions are ex- (EEOC), and a final decision by the cluded from the grievance procedure. If Army. they are covered by the grievance pro- b. The Merit Systems Protection cedure, the option is between the dis- Board (MSPB) appeal procedure. This crimination complaint procedure under procedure is available to you only if AR 690–xxx or the negotiated grievance the alleged discriminatory action can procedure. If you choose the be appealed to the MSPB, such as a re- negouiated grievance procedure, you moval, a suspension for more than 14 have the right to appeal the final deci- days, or any other appealable action. sion (Army decision, arbitration award, (Usually, you will be notified in writ- or FLRA decision) to the EEOC or ing of your right to appeal to the MSPB, as appropriate. Note that in ac- MSPB.) The time limit for appeal to tions not appealable to the MSPB, but the MSPB is 20 days after the effective covered by the grievance procedure, date of the personnel action which you you may choose between the grievance believe discriminated against you. procedure or the complaint procedure Under an MSPB appeal, you are enti- under AR 690–xxx. tled to a hearing by the MSPB. You 4. Election of avenues of redress. may ask the EEOC to review the final a. Your appeal to the MSPB will not decision of the MSPB. be accepted if you have filed a timely

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formal complaint in writing, under AR c. Federal Woman’s Program Manager 690–xxx or a timely written grievance (ADDRESS) under the negotiated procedure. d. Director of Equal Employment Op- b. A discrimination complaint under portunity, Department of the Army AR 690–xxx will not be accepted if you ATTN: SFCR have filed a timely appeal to the MSPB WASH, DC 20310–1813 or a timely written grievance under e. Secretary of the Army the negotiated procedure. ATTN: SFCR c. A grievance under the negotiated WASH, DC 20310–1813 procedure will not be accepted if you 4. The formal complaint should speci- have filed a timely appeal to the MSPB fy the issues which form the basis for or if you have initiated action under the complaint and the matter giving the discrimination complaint proce- rise to the complaint which were dis- dure in AR 690–xxx. cussed with the EEO counselor. If you 5. Additional information on avenues add issues not counseled, the formal of redress. If you have any other ques- complaint will be returned to you for tions on this matter, you may contact further counseling. the management/employee relations 5. If an attorney is retained as a rep- section of the civilian personnel office, resentative, you must notify the EEO your union representative, or your ac- officer (NAME AND ADDRESS). tivity EEO office. (SIGNATURE BLOCK) EEO counselor APPENDIX E TO PART 588—SAMPLE FOR- MAT: NOTICE OF INTERVIEW WITH EEO Notes: COUNSELOR 1. This notice is to be given to the person counseled at the final interview. Notice of Final Interview Subject: 2. A copy of this notice will be pro- From: EEO Counselor vided to the EEO officer with the coun- To: (Name of Person Counseled) selor’s report and made part of file. 1. This is notice that on the above date the final counseling interview was APPENDIX F TO PART 588—SAMPLE FOR- held in connection with the matter you MAT: NOTICE OF RIGHT TO FILE A presented to me as an EEO counselor. DISCRIMINATION COMPLAINT You initially contacted me on (DATE). You alleged that you were a victim of Subject: Notice of Right To File a Dis- (SPECIFY) discrimination in the fol- crimination Complaint lowing action(s): (SPECIFY THE From: EEO Counselor FACTS THAT ARE THE BASIS OF To: (NAME OF PERSON COUNSELED) THE DISCRIMINATION COMPLAINT.) 1. Although my inquiry into the mat- 2. If you believe you have been dis- ter you brought to my attention has criminated against on the basis of race, not been completed, 21 calendar days color, religion, sex, age, national ori- have passed since you first contacted gin, mental/physical handicap, and/or me and you are now entitled to file a reprisal for participation in a Title VII discrimination complaint based on activity, you have the right to file a race, color, religion, sex, national ori- complaint of discrimination within 15 cal- gin, physical or mental handicap, age, endar days after receipt of this notice. and/or reprisal. If you do not file a 3. This complaint must be in writing, complaint at this time, my inquiry will preferably on a DA Form 2950–R, which continue and your right to file a com- can be obtained from the Equal Em- plaint will continue until 15 calendar ployment Opportunity Office. Your days after the final interview with me. complaint must be filed in person or by I will inform you in writing when the mail with the following officials au- final interview is conducted. If you file thorized to receive discrimination com- a complaint, it must be in writing, plaints: preferably using DA Form 2590–R, and a. Equal Employment Opportunity Of- filed in person or by mail with the fol- ficer lowing officials authorized to receive (ADDRESS) discrimination complaints: b. Activity Commander a. Equal Employment Opportunity Of- (ADDRESS) ficer

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(ADDRESS) of your rights and the time require- b. Activity Commander ments for exercising these rights. If (ADDRESS) you have further questions, please ask c. Federal Women’s Program Manager your EEO counselor or contact me. (ADDRESS) 2. If your complaint is accepted, it d. Director of Equal Employment Op- will be investigated. Based on the in- portunity formation developed by the investiga- Department of the Army tion, an attempt will be made to re- ATTN: SFCR solve your complaint informally. You WASH, DC 20310–1813 will receive a copy of the investigative e. Secretary of the Army report and have an opportunity to dis- ATTN: SFCR cuss it with an Army official. WASH, DC 20310–1813 3. If your complaint, or any allega- 2. If you file your complaint with one tion contained in it, is rejected, the re- of the officials listed above, it will be jection is considered to be a final Army sent to the activity EEO officer for decision on the complaint or that part processing. Therefore, if you choose to of the complaint which is rejected. You file your complaint with any of the of- will receive a notice by separate letter ficials listed above be sure to provide a if your complaint or any part of it is copy of your complaint to the EEO offi- rejected. You will be advised at that cer to ensure prompt processing of time of your rights of appeal. your complaint. 4. If a complaint is settled, the terms 3. The complaint must be specific and of the settlement will be stated in writ- must be limited to the matters dis- ing and you will be given a copy. cussed with me. It must also state 5. If a complaint is not settled you whether or not you have filed a formal will be notified in writing of the pro- grievance or an appeal to the Merit posed disposition of the complaint. You Systems Protection Board on the same will also be notified of your right to a matters. Additionally, you must state hearing by an Equal Employment Op- whether you are having this matter portunity Commission (EEOC) com- considered under a negotiated griev- plaints examiner who will recommend ance procedure. a decision to the Army, or to a decision 4. You or your representative must by the Army without an EEOC hearing. immediately notify the EEO officer, in If you want a hearing or a decision by writing, if you retain an attorney or the Army without a hearing, you must any other person to represent you. notify the Army in writing within 15 (SIGNATURE) days after receiving the proposed dis- EEO counselor position of your complaint. Your re- Notes: quest for a hearing or for an Army decision without a hearing must be ad- 1. This notice is to be given to the dressed to me in order that I can make person counseled 21 days after the the necessary arrangements. counselor was first contacted on this 6. If, within 15 days after your receipt matter by the complainant. of the proposed disposition, you fail to 2. A copy of this notice will be pro- request a hearing or to ask for a deci- vided the EEO officer with the coun- sion by the Army without a hearing, selor’s report and made a part of the that disposition will become the final complaint file. Army decision. APPENDIX G TO PART 588—SAMPLE FOR- 7. If you are dissatisfied with the MAT: NOTICE OF RECEIPT OF DISCRIMI- final Army decision (with or without a NATION COMPLAINT hearing), you may file a notice of appeal to the EEOC Office of Review and Subject: Notice of Receipt of Discrimi- Appeals within 20 calendar days after nation Complaint receiving the decision. A copy of the From: EEO Officer notice should be sent to EEOCCRA To: (COMPLAINANT) ATTN: SFCR, WASH DC 20310–1813. 1. This notice acknowledges receipt Also, you may submit a brief or state- of your discrimination complaint dated ment to support your appeal within 30 (DATE), and gives you a written notice calendar days after filing the notice of

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appeal. At the same time, you must (including an appeal of the final Army furnish a copy of the supporting brief decision to the EEOC) have been ex- or statement to EEOCCRA. hausted. 8. Any appeal to the EEOC should be addressed to the Director, Office of Re- APPENDIX H TO PART 588—NEGOTIATED view and Appeals, Equal Employment SETTLEMENT AGREEMENT Opportunity Commission, 2401 E Street, NW., Wash DC 20506. The appeal NEGOTIATED SETTLEMENT and any representations in its support AGREEMENT must be filed in duplicate. IN THE MATTER OF: 9. Instead of an appeal to the EEOC, (NAME) you may file a civil action in a proper Complainant Federal District Court within 30 cal- AND endar days after receiving the Army decision or, if the Army has not issued (NAME OF ORGANIZATION) a final decision on your complaint, 1. In the interest of promoting its after 180 calendar days from the date Equal Employment Opportunity Pro- the formal complaint was filed. gram and to avoid protracted litiga- 10. If you decide to appeal to the tion, the Army agrees to settle the EEOC Office of Review and Appeals, above-captioned complaint on the basis you will still have an opportunity to shown below. file a civil action in a Federal District 2. By entering this settlement, the Court within 30 calendar days after re- Army does not admit that it has vio- ceiving the EEOC’s final decision, or lated the Civil Rights Act of 1964, as 180 calendar days after the date of your amended, or any other Federal or State initial appeal to the Commission if statute or regulation. EEOC has not rendered a final decision. 3. The Army agrees to (SPECIFY (SIGNATURE BLOCK) REMEDY TO BE PROVIDED AND EEO Officer PROCESS BY WHICH REMEDY IS TO Notes: BE PROVIDED). 4. Complainant’s signature on this 1. The notice is sent by certified agreement constitutes the withdrawal mail, return receipt requested, or per- of his or her complaint. In addition, sonally delivered to both complainant the complainant agrees that he or she and representative. If the notice is per- waives his or her right to sue over the sonally delivered, the complainant and matters raised in this complaint and his or her representative will acknowl- that will not be made the subject of fu- edge receipt by signing and dating the ture litigation. official file copy of the notice. If they 5. If the Army does not carry out, or decline to sign the copy, the server will rescind, any action specified by the sign it and indicate to whom and when terms of the adjustment for any reason the notice was served. not attributable to acts or conduct of 2. A copy of the notice given to the the complainant, the Army shall, upon complainant will be filed in the com- the complaint’s written request, rein- plaint file. In age discrimination cases, state the complaint for further process- references to the right to file a civil ac- ing from the point processing ceased tion (paras 4 and 5) will specify that under the terms of the adjustment. If the complainant can file a civil action in a Federal District Court 30 days the Activity Commander determines after providing notice to the EEOC of that the terms of the adjustment have his or her intent to file a civil action. been implemented, a decision declining Such notice must be given to the EEOC to reinstate the complaint will be is- within 180 days of the occurrence of the sued and the complainant will be ad- allleged discriminatory act. If a com- vised of his/her appeal rights to EEOC. plainant elects to pursue his or her age 6. I have read the Negotiated Settle- discrimination complaint through the ment Agreement and accept and agree administrative procedures outlined in to its provisions. chapter 2, then he or she may not file For the Army a civil action in a Federal District (ACTIVITY COMMANDER’S SIGNA- Court until all administrative remedies TURE)

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Date ————————————————————— c. Right of decision without a hear- Complainant ing. If you are dissatisfied with the (Complainant’s signature) proposed disposition, you may request (Signature of Complainant’s represent- a decision by the Secretary of the Army or his or her designee without a ative, if any) Date ————————————————————— hearing, based on the evidence in the complaint file. This request must be APPENDIX I TO PART 588—SAMPLE FOR- made to (ACTIVITY EEO OFFICER) MAT—NOTICE OF PROPOSED DISPOSI- within 15 calendar days after receiving TION OF DISCRIMINATION COMPLAINT this notice. d. Right of appeal. If you fail to no- Subject: Notice of Proposed Disposition tify the EEO officer of your intentions of Discrimination Complaint within the 15-day period, I or my des- From: Activity Commander ignee may adopt as the Army final de- To: (COMPLAINANT) cision the proposed disposition shown 1. This notice is to inform you of the above and will so notify you in writing. proposed disposition of your discrimi- On receiving notification, you may file nation complaint and of your rights if a notice of appeal to the EEOC Office you are dissatisfied with the proposed of Review and Appeals within 20 cal- disposition. endar days. You may also submit a a. Proposed disposition. (STATE THE brief or statement to the EEOC to sup- SPECIFIC PROPOSED DISPOSITION port your appeal within 30 calendar OF THE COMPLAINT. INCLUDE A days after filing the notice of appeal. LEGAL ANALYSIS OF THE COM- You must furnish the Equal Employ- PLAINT, DISCUSSION OF THE ment Opportunity Compliance and FACTS, FINDING ON THE ISSUE OF Complaint Review Agency (EEOCCRA); DISCRIMINATION, AND A STATE- ATTN: SFCR WASH DC 20310–1813, with MENT OF PROPOSED REMEDIAL AC- a copy of your appeal and a brief or TION IF APPLICABLE.) statement. Instead of an appeal to the b. Right to a hearing. EEOC, you may file a civil action in a (1) If your are dissatisfied with the proper Federal District Court within 30 proposed disposition, you may request calendar days after you receive the a hearing by the Equal Employment final Army decision. If the Army has Opportunity Commission (EEOC) and a not issued a final decision, a civil ac- decision by the Army if you notify the tion may be filed 180 calendar days EEO officer (PROVIDE SPECIFIC after the date you filed your formal MAILING ADDRESS) within 15 complaint. calander days after receiving this no- 2. If you appeal to the EEOC, you tice, that you desire such a hearing. may still file a civil action within 30 calendar days after receiving the EEOC (2) If you request a hearing, you are decision. You may also file a civil ac- expected to proceed without delay in tion 180 days after your appeal to presenting your complaint before the EEOC if you have not received a final assigned EEOC complaints examiner. If decision. you plan to have a representative, you should immediately obtain representa- (SIGNATURE BLOCK) tion. You should also begin preparing a Activity Commander. list of proposed witnesses with a sum- Notes: mary of the testimony you believe each 1. The notice is sent by certified would present at the hearing. The com- mail, return receipt requested, or per- plaints examiner will request this list sonally delivered to both complainant immediately after being assigned to and representative if any. If the notice your case. is personally delivered, the complain- (3) The failure to prosecute your ant and his or her representative, if complaint in a timely fashion may be any, will acknowledge receipt by sign- grounds for the complaints examiner to ing and dating the official file copy of return your case to the Army. The the notice. If they decline to sign the Army may then cancel your complaint copy, the server will sign it and indi- or issue a final decision based on the cate to whom and when the notice was evidence present in the complaint file. served.

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2. A copy of the notice given to the in Federal District Court only after all complainant will be filed in the com- administrative remedies (INCLUDING plaint file. In age discrimination cases, AN APPEAL OF THE FINAL ARMY references to the right to file a civil ac- DECISION TO THE EEOC) have been tion (paras 1d and 2) will specify that exhausted. the complainant can file a civil action

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APPENDIX J TO PART 588—PROCEDURAL STEPS IN A CLASS ACTION DETERMINATION COMPLAINT

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APPENDIX K TO PART 588—ADDRESSES Geographic Jurisdiction: Europe, Africa, AND GEOGRAPHIC JURISDICTION OF North East, Atlantic Area, Middle U.S. ARMY CIVILIAN APPELLATE RE- East. VIEW REGIONAL OFFICES USACARA–PA: P.O. Box 50041, Hono- USACARA investigators are assigned lulu, HI 96850–0001, (808) 546–8344 to investigate discrimination com- Geographic Jurisdiction: Hawaii, Far plaints from various regional offices lo- East, Pacific Area. cated throughout the United States USACARA–NE: 766 Shrewsberry Ave., and Europe. When an EEO officer must 3rd Floor, Tinton Falls, NJ 07724, obtain the services of a USACARA in- (201) 741–1900 vestigator in accord with paragraph 2– Geographic Jurisdiction: Pennsylvania, 6 (individual complaints) he or she New Jersey, Maine, Massachusetts, should contact the USACARA regional New Hampshire, Vermont, Rhode Is- office with jurisdiction over the activ- land, Connecticut, New York. ity. The USACARA regional officers are APPENDIX L TO PART 588—SAMPLE as follows: FORMAT FOR NOTICE OF FINAL ACTION USACARA: 5611 Columbia Pike, Room 434, Falls Church, VA 22041–5091, AV: Section I 289–1423, (703) 756–1423 Geographic Jurisdiction: USACARA Format for the Final Army Decision Headquarters. Letter USACARA–GC: Gorman Plaza Bldg., Suite 100, 8950 Old Annapolis Road, 1. Use Columbia, MD 21045, (301) 995–0069, (202) 621–5170 The notice of final Army decision is Geographic Jurisdiction: Delaware, to be used under the following cir- Maryland, Ohio, Virginia, District of cumstances: Columbia, West Virginia. a. If a discrimination complaint is re- USACARA–SE: Citizens Trust Bldg., jected or canceled. Room 450, 75 Piedmont Ave., NE, At- b. If a proposed disposition is adopted lanta, GA 30303, AV: 797–5801, (404) after the complainant has failed to re- 363–5801 quest a hearing or a decision by the Geographic Jurisdiction: Alabama, Flor- Army without a hearing. ida, Georgia, Mississippi, South Caro- c. If an activity rejects a written re- lina, Puerto Rico, Panama. quest to reinstate a complaint for fur- USACARA–SW: Federal Bldg, 1100 Com- ther processing. merce Street, Room 6B25, Dallas, TX 75242, (214) 767–0287 2. Delivery Geographic Jurisdiction: Arkansas, Lou- isiana, New Mexico, Oklahoma, The notice of final Army decision is Texas. sent by certified mail, return receipt USACARA–MW: 405 S. Tucker Blvd., requested, or personally delivered to Room 4118, St. Louis, MO 63102–1132, both complainant and representative, AV: 693–0427, (314) 263–0427 if any. If the notice is personally deliv- Geographic Jurisdiction: Illinois, Indi- ered, the complainant and his or her ana, Iowa, Kansas, Kentucky, Michi- representative, if any, will acknowl- gan, Minnesota, Missouri, New Eng- edge receipt by signing and dating the land, Tennessee, Wisconsin. official file copy of the notice. If they USACARA–WE: 801 ‘‘I’’ Street, Room decline to sign the copy, the server will 498, Sacramento, CA 95814, (916) 551– sign it and indicate to whom and when 1073, FTS: 460–1073 the notice was served. Geographic Jurisdiction: Alaska, Ari- zona, California, Colorado, Idaho, 3. Filing Montana, Nevada, North Dakota, Or- egon, South Dakota, Utah, Washing- A copy of this notice will be filed in ton, Wyoming. the complaint file. USACARA–EU: APO NY 09102–0007, Hei- delberg Military 8968/6351

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4. Preparation of the Notice of Final (Specify the reasons for the decision Army Decision and the documents, or reports relied upon in reaching your decision.) The notice of final Army decision If you are dissatisfied with this final should contain the notice itself and one Army decision, you have the following of the three appeal rights. appeal rights: (See figs L–2, L–3, or L– Section II 4.)

Appeal Rights Figure L–2

5. Use Regular Appeal Rights When a notice of final Army decision (for all allegations of discrimination is issued by an activity it must contain other than age) an appropriate advisement of appellate rights. Use one of the following appel- Appeal Rights late rights as appropriate: 1. An appeal may be filed with the a. Use figure L–2 for complaints that equal employment Opportunity Com- allege discrimination based on any of mission within 20 calendar days of re- the following: ceipt of this decision. The 20-day period (1) Race. for filing an appeal begins on the date (2) Color. of receipt of this decision. The appeal (3) Religion. must be postmarked, or in the absence (4) Sex. of a postmark, received by the Com- (5) National origin. mission within 20 calendar days of the (6) Physical or mental handicap. date of receipt of this decision. State- (7) Reprisal. ments or briefs in support of the appeal b. Use figure L–3 for complaints that may be submitted up to 30 calendar allege age discrimination as their only days from the date the appeal is filed. bases. The regulation providing for appeal c. Use figure L–4 for complaints that rights, section 1613.233, title 29, Code of allege age discrimination and any of Federal Regulations (29 CFR 1613.233), the following: is reproduced below pursuant to 29 CFR (1) Race. 1613.221(e). (2) Color. (3) Religion. ‘‘Section 1613.233 Time limits. (4) Sex. (a) Except as provided in paragraph (5) National origin. (c) of this section, a complainant may (6) Physical or mental handicap. file a Notice of Appeal at any time up (7) Reprisal. to 20 calendar days after receipt of the Figure L–1 agency’s notice of final decision on his or her complaint. An appeal shall be Subject: Notice of final Army decision, deemed filed on the date it is post- (Docket number). marked, or, in the absence of a post- From: (ACTIVITY COMMANDER). mark, on the date it is received by the To: (COMPLAINANT) Commission. Any statement or brief in This is the Army’s final decision on support of the appeal must be submit- your equal employment opportunity ted to the Commission and to the de- complaint, dated (date). You alleged fendant agency within 30 calendar days (specify type of discrimination) when of filing the Notice of Appeal. For pur- (state the wrong allegedly suffered by poses of this part, the decision of an the complainant.) agency shall be final only when the Based on my evaluation of your com- agency makes a determination on all of plainant and pursuant to my authority the issues in the complaint, including to issue a final decision in this matter whether or not to award attorney’s fees in accord with paragraph 2–9g, AR 690– or costs. If a decision to award attor- 600, I have decided you (were or were ney fees or costs is made, the decision not) subjected to prohibited discrimi- will not be final until the procedure is nation in the matter at issue. followed for determining the amount of

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the award as set forth in Section Review and Appeals, Equal Employ- 1613.271(c). ment Opportunity Commission, 2401 E (b) When issues of discrimination Street, NW, WASH DC 20507. Any state- have been raised in a negotiated griev- ment or brief in support of the appeal ance process, a complainant may file a must be submitted to the Commission Notice of Appeal of such issues up to 20 with two copies to the Director, Equal days after: Employment Opportunity Compliance (1) Receipt of an agency decision on and Complaints Review Agency, De- the grievance and expiration of the partment of the Army, ATTN: SFCR, time during which the union and the WASH DC 20310–1813, within 30 calendar agency may move the matter to the days of filing the Notice of Appeal. next stage of the grievance process; (2) Receipt of an arbitrator’s award; Docket Number or (3) receipt of the decision of the FLRA on exceptions to the arbitrator’s The docket number identified in the award. upper right hand corner of page 1 of (c) The 20-day time limit within this letter should be used on all cor- which a Notice of Appeal must be filed respondence to the Director of Equal will not be extended by the Commis- Employment Opportunity or the Direc- sion unless, based upon a written state- tor, Equal Employment Opportunity ment by the complainant showing that Compliance and Complaints Review he or she was not notified of the pre- Agency. scribed time limit and was not other- Sincerely, wise aware of it or that circumstances (Signature block) beyond his or her control prevented the filing of a Notice of Appeal within the Figure L–3. Age Appeal rights prescribed time limit, the Commission exercises its discretion to extend the Age Only Appeal Rights time limit and accept the Appeal.’’ 2. In lieu of an appeal to the Commis- (for allegations of age discrimination) sion, a civil action may be filed in an Appeal Rights appropriate United States District Court within 30 calendar days of receipt 1. An appeal may be filed with the of the decision. Equal Employment Opportunity Com- 3. If an appeal to the Commission is mission within 20 calendar days of re- filed, a civil action may be filed in a ceipt of this decision. The 20-day period United States District Court within 30 for filing an appeal begins on the date calendar days of receipt of the Commis- of receipt of this decision. The appeal sion’s final decision. must be postmarked, or in the absence 4. A civil action may also be filed any of a postmark, received by the Com- time after 180 calendar days of the date mission within 20 calendar days of the of initial appeal to the Commission, if date of receipt of this decision. State- a decision has not been rendered. ments or briefs in support of the appeal 5. If a civil action is filed, and com- may be submitted up to 30 calendar plainant does not have or is unable to days from the date the appeal is filed. obtain the services of a lawyer, the The regulation providing for appeal complainant may request the court to rights, section 1613.233, title 29, Code of appoint a lawyer to represent him/her. Federal Regulations (29 CFR 1613.233), In such circumstances as the court is reproduced below pursuant to 29 may deem just, the court may appoint CFR, 1613.221(e). a lawyer and may authorize the com- mencement of the action without the ‘‘Section 1613.233 Time limits. payment of fees, costs, or security. Any such request must be made within the (a) Except as provided in paragraph above referenced 30-day time limit for (c) of this section, a complainant may filing suit and in such form and man- file a notice of appeal at any time up to ner as the court may require. 20 calendar days after receipt of the 6. Appeals to the Commission should agency’s notice of final decision on his be forwarded to the Director, Office of or her complaint. An appeal shall be

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deemed filed on the date it is post- 3. Attorney fees are not allowable for marked, or, in the absence of a post- age discrimination complaints in the mark, on the date it is received by the administrative process. Commission. Any statement or brief in support of the appeal must be submit- Docket Number ted to the Commission and to the de- The docket number identified in the fendant agency within 30 calendar days upper right hand corner of page 1 of of filing the notice of appeal. For pur- this letter should be used on all cor- poses of this part, the decision of an respondence to the Director of Equal agency shall be final only when the Employment Opportunity or the Direc- agency makes a determination on all of tor, Equal Employment Opportunity the issues in the complaint, including Compliance and Complaints Review whether or not to award attorney’s fees Agency. or costs. If a decision to award attor- Sincerely, ney fees or costs is made, the decision (Signature block) will not be final until the procedure is Figure L–4. Combined appeal rights followed for determining the amount of the award as set forth in § 1613.217(c). Combined Appeal Rights (b) When issues of discrimination have been raised in a negotiated griev- (for allegations of age plus race, color, ance process, a complainant may file a religion, sex, national origin, phys- Notice of Appeal of such issues up to 20 ical or mental handicap, and/or re- days after: (1) receipt of an agency de- prisal) cision on the grievance and expiration Appeal Rights-Age Discrimination of the time during which the union and the agency may move the matter to 1. An appeal may be filed with the the next stage of the grievance process; Equal Employment Opportunity Com- (2) receipt of an arbitrator’s award; or mission within 20 calendar days of re- (3) receipt of the decision of the FLRA ceipt of this decision. The 20-day period on exceptions to the arbitrator’s for filing an appeal begins on the date award. of receipt of this decision. The appeal (c) The 20-day time limit within must be postmarked, or in the absence of a postmark, received by the Com- which a notice of appeal must be filed mission within 20 calendar days of the will not be extended by the Commis- date of receipt of this decision. State- sion unless, based upon a written statements or briefs in support of the appeal ment by the complainant showing that may be submitted up to 30 calendar he or she was not notified of the pre- days from the date the appeal is filed. scribed time limit and was not other- The regulation providing for appeal wise aware of it or that circumstances rights, section 1613.233, title 29, Code of beyond his or her control prevented the Federal Regulations (29 CFR 1613.233), filing of a Notice of Appeal within the is reproduced below pursuant to 29 CFR prescribed time limit, the Commission 1613.221(e). exercises its discrection to extend the time limit and accept the Appeal.’’ ‘‘Section 1613.233 Time limits. 2. Appeals to the Commission should (a) Except as provided in paragraph be forwarded to the Director, Office of (c) of this section, a complainant may Review and Appeals, Equal Employ- file a notice of appeal at any time up to ment Opportunity Commission, 2401 E 20 calendar days after receipt of the Street, NW, WASH DC 20507. Any state- agency’s notice of final decision on his ment or brief in support of the appeal or her complaint. An appeal shall be must be submitted to the Commission deemed filed on the date it is post- with two copies to the Director, Equal marked, or, in the absence of a post- Employment Opportunity Compliance mark, on the date it is received by the and Complaints Review Agency, De- Commission. Any statement or brief in partment of the Army, ATTN: SFCR, support of the appeal must be submit- WASH DC 20310–1813, within 30 calendar ted to the Commission and to the de- days of filing the Notice of Appeal. fendant agency within 30 calendar days

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of filing the notice of appeal. For pur- for filing an appeal begins on the date poses of this part, the decision of an of receipt of this decision. The appeal agency shall be final only when the must be postmarked, or in the absence agency makes a determination on all of of a postmark, received by the Com- the issues in the complaint, including mission within 20 calendar days of the whether or not to award attoney fees date of receipt of this decision. State- or costs. If a decision to award attor- ments or briefs in support of the appeal ney’s fees or costs is made, the decision may be submitted up to 30 Calendar will not be final until the procedure is days from the date the appeal is filed. followed for determining the amount of The regulation providing for appeal the award as set forth in § 1613.271(c). rights, section 1613.233, title 29 Code of (b) When issues of discrimination Federal Regulations (29 CFR 1613.233), have been raised in a negotiated griev- is reproduced below pursuant to 29 CFR ance process, a complainant may file a 1613.221(e). Notice of Appeal of such issues up to 20 days after: (1) receipt of an agency de- ‘‘Section 1613.233 Time limits. cision on the grievance and expiration (a) Except as provided in paragraph of the time during which the union and (c) of this section, a complaint may file the agency may move the matter to a notice of appeal at any time up to 20 the next stage of the grievance process; calendar days after receipt of the agen- (2) receipt of an arbitrator’s award; or cy’s notice of final decision on his or (3) receipt of the decision of the FLRA her complaint. An appeal shall be on exceptions to the arbitrator’s deemed filed on the date it is post- award. marked, or, in the absence of a post- (c) The 20-day time limit within mark, on the date it is received by the which a notice of appeal must be filed Commission. Any statement or brief in will not be extended by the Commis- support of the appeal must be submit- sion unless, based upon a written state- ted to the Commission and to the de- ment by the complaint showing that he fendant agency within 30 calendar days or she was not notified of the pre- of filing the notice of appeal. For pur- scribed time limit and was not other- poses of this Part, the decision of an wise aware of it or that circumstances agency shall be final only when the beyond his or her control prevented the agency makes a determination on all of filing of a Notice of Appeal within the the issues in the complaint, including prescribed time limit, the Commission whether or not to award attorney fees exercises its discretion to extend the or costs. If a decision to award attor- time limit and accept the appeal.’’ ney’s fees or costs is made, the decision 2. Appeals to the Commission should will not be final until the procedure is be forwarded to the Director, Office of followed for determining the amount of Review and Appeals, Equal Employ- the award as set forth in § 1613.271(c). ment Opportunity Commission, 2401 E (b) When issues of discrimination Street, NW, WASH DC 20507. Any state- have been raised in a negotiated griev- ment or brief in support of the appeal ance process, a complaint may file a must be submitted to the Commission Notice of Appeal of such issues up to 20 with two copies to the Director, Equal days after: Employment Opportunity Compliance (1) Receipt of an agency decision on and Compliants Review Agency, De- the grievance and expiration of the partment of the Army, ATTN: SFCR, time during which the union and the WASH DC 20310–1813, within 30 calendar agency may move the matter to the days of filing the Notice of Appeal. next stage of the grievance process; (2) 3. Attorney fees are not allowable for receipt of an arbitrator’s award; or (3) age discrimination complaints in the receipt of the decision of the FLRA on administrative process. exceptions to the arbitrator’s award. (c) The 20-day limit within which a Appeal Rights—Other notice of appeal must be filed will not 1. An appeal may be filed with the be extended by the Commission unless, Equal Employment Opportunity Com- based upon a written statement by the mission within 20 calendar days of re- complainant showing that he or she ceipt of this decision. The 20-day period was not notified of the prescribed time

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limit and was not otherwise aware of it (Signature block) or that circumstances beyond his or her control prevented the filing of a APPENDIX M TO PART 588—ADDRESSES Notice of Appeal within the prescribed AND GEOGRAPHIC JURISDICTION OF time limit, the Commission exercise its EEOC DISTRICT OFFICES discretion to extend the time limit and accept the Appeal.’’ Addresses and Geographic 2. In lieu of an appeal to the Commis- Jurisdictions of EEOC District Offices sion, a civil action may be filed in an appropriate United States District C–1. EEOC complaints examiners Court within 30 calendar days of receipt are assigned to hear discrimination of the decision. complaints from various district of- 3. If an appeal to the Commission is fices located throughout the United filed, a civil action may be filed in a States. When an EEO officer must ob- United States District Court within 30 tain the services of an EEOC com- calendar days of receipt of the Commis- plaints examiner to conduct a hearing sion’s final decision. in accord with paragraph 2–13 (individ- 4. A civil action may also be filed any ual complaints) or paragraph 3–6 (class time after 180 calendar days of the date action complaints), he or she should of initial appeal to the Commission, if contact the EEOC district office with a decision has not been rendered. jurisdiction over the activity. 5. If a civil action is filed, and com- C–2. The EEOC district offices are as plainant does not have, or is unable to follows: obtain the services of a lawyer, the complainant may request the court to Atlantic District Office appoint a lawyer to represent him/her. In such circumstances as the court District Director, EEOC, Citizens Trust may deem just, the court may appoint Bldg., 10th Fl., 75 Piedmont Avenue, a lawyer and may authorize the com- NE., Atlanta, Georgia 30335, (404) 212– mencement of the action without the 6091, FTS 242–6091. payment of fees, costs or security. Any Geographic Jurisdiction: States of Geor- such request must be made within the gia and South Carolina. above referenced 30-day time limit for filing suit and in such form and man- Baltimore District Office ner at the court may require. 6. Appeals to the Commission should District Director, EEOC, 109 Market be forwarded to the Director, Office of Pl., Suite 4000, Baltimore, Maryland Review and Appeals, Equal Employ- 21201, (301) 962–3932, FTS 922–3932. ment Opportunity Commission, 2401 E Geographic Jurisdiction: States of Mary- Street, NW, WASH DC 20507. Any state- land and Virginia, District of Colum- ment or brief in support of the appeal bia, Europe. must be submitted to the Commission with two copies to the Director, Equal Birmingham District Office Employment Opportunity Compliance District Director, EEOC, 2121 Eighth and Complaints Review Agency Depart- Ave., North, Birmingham, Alabama ment of the Army, ATTN: SFCR, 35203, (205) 254–1166, FTS 229–1166. WASH DC 20310–1813, within 30 calendar days of filing the Notice of Appeal. Geographic Jurisdiction: States of Ala- bama and Mississippi. Docket Number Charlotte District Office The docket number identified in the upper right hand corner of page 1 of District Director, EEOC, 1301 East this letter should be used on all cor- Morehead Street, Charlotte, North respondence to the Director of Equal Carolina 28204, (704) 371–6437, FTS 672– Employment Opportunity or the Direc- 6455. tor, Equal Employment Opportunity Geographic Jurisdiction: State of North Compliance and Complaints Review Carolina. Agency. Sincerely,

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Chicago District Office ran, Crane, Culberson, Dawson, Ector, El Paso, Gaines, Hockley, District Director, EEOC, Federal Bldg., Hudspeth, Loving, Lubbock, Lynn, Room 930A, 536 S. Clark Street, Chi- cago, Illinois 60605, (312) 353–2712, FTS Martin, Midland, Reeves, Terry, 353–2713. Upton, Ward, Winkler, Yoakum. Geographic Jurisdiction: State of Illi- Denver District Office nois, except counties of Alexander, Bond, Calhoun, Clinton, Greene, District Director, EEOC, 1531 Stout Jackson, Jersey, Macoupin, Madison, Street, 6th Floor, Denver, Colorado Monroe, Perry, Pulaski, Randolph, 80202, (303) 844–2711, FTS 564–2771. St. Clair, Union, and Washington. Geographic Jurisdiction: States of Colo- Cleveland District Office rado, Wyoming, Montana, North Da- kota, South Dakota. District Director, EEOC, One Play- house Square, 1375 Euclid Avenue, Detroit District Office Room 600, Cleveland, Ohio 44115, (216) 522–7425, FTS 942–4784. District Director, EEOC, McNamara Geographic Jurisdiction: State of Ohio. Federal Building, 477 Michigan Ave- nue, Room 1540, Detroit, Michigan Dallas District Office 48226, (313) 226–7636, FTS 226–7636. Geographic Jurisdiction: State of Michi- District Director, EEOC, 8303 Elmbrook Dr., 2nd Floor, Dallas, Texas 75247, gan. (214) 767–7015, FTS 729–7015. Houston District Office Geographic Jurisdiction: States of Okla- homa and Texas counties of: Ander- District Director, EEOC, 405 Main son, Archer, Armstrong, Bailey, Street, 6th Floor, Houston, Texas Baylor, Bell, Borden, Bosque, Bowie, 77002, (713) 226–5601, FTS 526–5601. Briscoe, Brown, Callahan, Camp, Car- Geographic Jurisdiction: State of Texas, son, Cass, Castro, Cherokee, counties of: Angelina, Austin, Childress, Clay, Coke, Coleman, Brazoria, Chambers, Colorado, Fort Collin, Collingsworth, Comanche, Bend, Galverston, Grimes, Hardin, Cooke, Coryell, Cottle, Crath, Cros- Harris, Jasper, Jefferson, Liberty, by, Dallas, Deafsmith, Delta, Denton, Matagorda, Montgomery, Newton, Dickens, Donley, Ellis, Falls, Fannin, Orange, Polk, Sabine, San Augustine, Fisher, Floyd, Foard, Franklin, Free- San Jacinto, Trinity, Tyler, Walder, stone, Garza, Glasscock, Gray, Gray- Waller, Warton. son, Gregg, Hale, Hall, Hamilton, Hansford, Hardeman, Harrison, Hart- Indianapolis District Office ley, Haskell, Hemphill, Henderson, Hill, Hood, Hopkins, Howard, Hous- District Director, EEOC, Federal Build- ton, Hunt, Hutchinson, Irion, Jack, ing, U.S. Courthouse, 46 E. Ohio Jonson, Jones, Kaufman, Kent, King, Street, Room 456, Indianapolis, Indi- Knox, Lamar, Lampasas, Leon, Lime- ana 46204, (317) 269–7212, FTS 331–7212. stone, Lipscomb, Madison, Marion, Geographic Jurisdiction: States of Indi- McLennan, Mehannan, Milam, Mills, ana and Kentucky. Mitchell, Montague, Moore, Morris, Motley, Nacogdoches, Navarro, Los Angeles District Office Nolam, Ochiltree, Oldham, Palo Pinto, Panola, Parker, Parmer, Pot- District Director, EEOC, 3255 Wilshire ter, Rains, Randall, Regean, Red Blvd., 9th Floor, Los Angeles, Cali- River, Robertson, Rockwall, Runnels, fornia 90010, (213) 798–3400, FTS 798– Rusk, Scurry, Shackelford, Shelby, 3400. Sherman, Smith, Somervell, Ste- Geographic Jurisdiction: State of Ne- phens, Sterling, Stonewall, Swisher, vada, and California counties of: Los Tarrant, Taylor, Throckmorton, Angeles, San Bernadino, Ventura, Titus, Tom Green, Upshur, Van Kern, San Luis Obispo, Santa Bar- Zandt, Wheeler, Wichita, Wilbarger, bara, Orange, Riverside, Imperial, Wise, Wood, Young, Andrews, Coch- San Diego.

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Memphis District Office San Antonio District Office District Director, EEOC, 1407 Union District Director, EEOC, 727 East Du- Avenue, Suite 502, Memphis, Ten- rango, Suite B–601, San Antonio, nessee 38104, (901) 521–2617, FTS 222– Texas 78206, (512) 229–6051. 2617. Geographic Jurisdiction: State of Texas, Geographic Jurisdiction: States of Ten- counties of: Aransas, Atascosa, nessee and Arkansas. Bandera, Bastrop, Bee, Bexar, Blan- co, Brazos, Brewster, Brooks, Miami District Office Burleson, Burnet, Caldwell, Calhoun, District Director, EEOC, Metro—Mall Cameron, Comal, Conmcho, Crockett, Building, 1 NE First Street, Miami, De Witt, Dimmit, Duval, Dewards, Florida 33132, (305) 350–4949, FTS 350– Fayette, Frio, Gillespie, Goliad, 4491. Gonzalos, Guadalupe, Hays, Hildalgo, Geographic Jurisdiction: State of Flor- Jackson, Jeff Davis, Jim Hogg, Jim ida, and Panama Canal Zone. Wells, Karnes, Kendall, Kenedy, Kent, Kerr, Kimble, Kinney, Kleberg, Milwaukee District Office La Salle, Lavaca, Lee, Live Oak, District Director, EEOC, 310 West Wis- Llano, Mason, Maverick, Medina, consin Ave., Suite 800, Milwaukee, Menard, McCulloch, McMullen, Wisconsin 53203, (414) 291–1111, FTS Neuces, Pecos, Presidio, Real, 362–1111. Refugio, San Patricio, San Saba, Geographic Jurisdiction: States of Wis- Scheleicher, Starr, Sutton, Terrell, consin, Minnesota, and Iowa. Travis, Uvalde, Val Verde, Victoria, Washington, Webb, Willacy, New Orleans District Office Williamson, Wilson, Zapata, Zavala.

District Director, EEOC, F. Edward San Francisco District Office Herbert Federal Bldg., 600 South Street, New Orleans, Louisiana 70130, District Director, EEOC, 10 United Na- (504) 589–3842, FTS 682–3842. tions Plaza, 4th Floor, San Fran- Geographic Jurisdiction: State of Louisi- cisco, California 94102, (415) 556–0260, ana. FTS 556–0260. Geographic Jurisdiction: State of Hawaii, New York District Office Pacific Far East, and California District Director, EEOC, 90 Church St., counties of: Colusa, Del Norte, Glenn, Room 501, New York, New York 10007, Humbott, Lake, Marlin, Mendocino, (804) 441–3470, FTS 827–3470. Napa, San Francisco, San Mateo, Geographic Jurisdiction: States of New Solana, Sonoma, Trinity, Yolo, Fres- York, Connecticut, Rhode Island, no, Inyo, Kings, Madera, Alameda, Massachusetts, New Hampshire, Ver- Alpine, Amador, Calaveras, Contra mont, Maine; and Puerto Rico and Costa, Mono, San Joaquin, the Virgin Islands. Stanislaus, Tuolumne, Butte, El Do- rado, Lassen, Modoc, Nevada, Placer, Philadelphia District Office Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yung, Acting District Director, EEOC, 127 N. Monterey, Santa Clara, Santa Cruz. 4th Street, Suite 300, Philadelphia, Pennsylvania 19106, (215) 597–7784, Seattle District Office FTS 597–7784. Geographic Jurisdiction: States of Penn- District Director, EEOC, Arcade Plaza sylvania, New Jersey, Delaware, and Building, 7th Floor, Seattle, Wash- West Virginia. ington 98101, (206) 442–0968, FTS 339– 0968. Phoenix District Office Geographic Jurisdiction: States of Wash- District Director, 135 North Second ington, Oregon, Idaho, and Alaska. Ave., 4th Floor, Phoenix, Arizona St. Louis District Office 85003, (602) 261–3882, FTS 261–382. Geographic Jurisdiction: States of Ari- District Director, EEOC, Central West zona, New Mexico, and Utah. Plaza Bldg., 4th Floor, 625 N. Euclid

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Street, St. Louis, Missouri 63108, (314) plaint, that the complainant pre- 425–6585, FTS 279–6585. viously filed an appeal on the same Geographic Jurisdiction: States of Mis- matter with the MSPB): souri, Kansas, and Illinois counties Should you wish to proceed further with of: Alexander, Bond, Calhoun, Clin- this matter, you must bring the allegations ton, Greene, Jackson, Jersey, of discrimination contained in this canceled Macoupin, Madison, Monroe, Perry, complaint to the attention of the MSPB as Pulaski, Randolph, St. Clair, Union, part of your appeal to them, pursuant to 5 Washington. CFR 1201.155. N–4. The following advice shall be APPENDIX N TO PART 588—SAMPLE made a part of all letters notifying the ADVICE—MIXED CASES complainant of the acceptance of a N–1. The following advice should be mixed case complaint for processing attached verbatim to all Army deci- pursuant to 29 CFR 1613.405(e): sions on personnel actions that are ap- Your complaint shall be processed in ac- pealable to the MSPB where the em- cordance with 29 CFR 1613.405(e) of Equal ployee has raised the issue of discrimi- Employment Opportunity Commission nation, either orally or in writing, dur- (EEOC) regulations. If you do not receive a ing the processing of the personnel ac- final agency decision on this complaint with- tion but prior to the Army decision to in 120 calendar days of the date of the filing effect that personnel action: of this complaint, you may appeal the matter to the Merit Systems Protection Board If you believe that this personnel action at any time thereafter, up to, but not later discriminated against you on the basis of than, 1 year from the filing of the complaint, your race, color, religion, sex, national ori- or you may file a civil action, as specified at gin, age, physical or mental handicap and/or 29 CFR 1613.417(g). If you are dissatisfied reprisal, you may file a complaint of dis- with the Army’s eventual decision on this crimination with the following person (activ- complaint, you may appeal that decision to ity EEO officer) or you may file an appeal the MSPB (not the EEOC) within 20 calendar with the Merit Systems Protection Board, as days of receipt of the decision. previously described. You may not, however, file both. Should you elect to file a com- N–5. The following advice shall be plaint of discrimination, your complaint will made a part of the letter notifying the be processed in accordance with Equal Em- complainant of the proposed disposi- ployment Opportunity Commission regulation of a mixed case complaint: tions at section 1613.401, title 29, Code of Fed- eral Regulations (29 CFR 1613.401.) Should If you are dissatisfied with this proposed you elect to file an appeal, your appeal will disposition, you are entitled to request a be processed in accordance with MSPB regu- final discision (without a hearing by the lations at 5 CFR 1201. EEOC) from the Secretary of the Army or his or her designee. If, thereafter, you should be N–2. The following advice is applica- dissatisfied with that final decision, you may ble to mixed case complaints and appeal that decision to the MSPB within 20 should be attached to all decisions calendar days of receipt of that decision. You where the Army rejects the complaint may, in connection with any such appeal, re- pursuant to 29 CFR 1613.405(a) (that is, quest a hearing before the MSPB. In addi- where the complainant has previously tion, if the Army’s final decision has not been issued within 120 calendar days of the appealed the matter which forms the date on which you originally filed your com- basis of the complaint to the MSPB): plaint, you may appeal directly to the MSPB Should you wish to proceed further with (not the EEOC) at the expiration of 120 cal- this matter, you must bring the allegations endar days, up to 1 year after filing the com- of discrimination contained in this rejected plaint. You may also file a civil action in complaint to the attention of the MSPB as Federal District Court within 30 calendar part of your appeal, pursuant to 5 CFR days of receipt of the final Army decision, if 1201.155. you do not file an appeal with the MSPB. N–3. The following advice is applica- N–6. The following advice shall be ble to mixed case complaints filed on made a part of the letter notifying the or after May 2, 1983, and should be at- complainant of the final agency deci- tached to all decisions where the Army sion on a mixed case complaint: canceled the complaint pursuant to 29 If you are dissatisfied with this decision CFR 1613.405(b) (that is, where the you have the right to appeal the matter to Army learns, after accepting a com- the Merit Systems Protection Board (not the

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Equal Employment Opportunity Commis- ual who is at least 40 years of age at sion), within 20 calendar days of receipt. You the time of the alleged discriminatory also have the right to file a civil action in act. Federal District Court within 30 calendar days of receipt of this decision and as further Agent of the class. A member of a described at 29 CFR 1613.417(a). class who files the complaint and acts for the class during the processing of N–7. The following advice shall be the class complaint. This person al- made a part of the letter notifying the leges that an Army personnel practice complainant of the cancellation pursu- or policy discriminates against the ant to 29 CFR 1613.406(a)(2). This ap- class on the basis of race, color, reli- plies when a complaint on a proposal to gion, sex, national origin, age, physical take an appealable action is canceled or mental handicap, and/or reprisal. because the complainant has subse- Alleged discriminating official. A per- quently filed an appeal with the MSPB son identified or implicated by the on the agency decision to effect that complainant as responsible for the spe- proposal): cific act or policy alleged to be dis- The allegation(s) of discrimination con- criminatory. tained in this canceled complaint should be Allegation of reprisal. A claim of re- raised with the MSPB in connection with straint, interference, coercion, dis- your pending appeal of the Army’s decision crimination, or retaliation in connec- to effect the action which formed the basis of tion with presenting or processing a this complaint. complaint. Reprisal claims can be APPENDIX O TO PART 588—GLOSSARY brought by complainants, their representatives, witnesses, and personnel Section I involved in the complaint process. Arbitration. The final resolution of a Abbreviations grievance filed under a negotiated ADO—alleged discriminating official grievance procedure by an impartial CIVPERCEN—U.S. Army Civilian Per- person (an arbitrator) selected by labor sonnel Center and management. If allegations of dis- CPO—civilian personnel officer crimination are not excluded from a DA—Department of the Army negotiated grievance procedure, they EEO—equal employment opportunity may be filed under such procedure and EEOC—Equal Employment Oppor- eventually may be decided through ar- tunity Commission bitration. An employee cannot individ- EEOCCRA—Equal Employment Oppor- ually invoke arbitration. Only labor tunity Compliance and Complaints and management may invoke arbitra- Review Agency tion to resolve a grievance. FLRA—Federal Labor Relations Au- Civilian personnel officer. The individ- thority ual who is designated by the com- MACOM—major Army command mander to administer the civilian per- MSPB—Merit Systems Protection sonnel program. Board Class. A group of Army employees, NAF—nonappropriated fund former Army employees, or applicants ROI—report of investigation for Army employment, who allege that SJA—Staff Judge Advocate they have been, are being, or may be USACARA—U.S. Army Civilian Appel- adversely affected by an Army person- late Review Agency nel management policy or practice which the Army has authority to re- Section II scind or modify. The policy or practice must allegedly discriminate against Terms the group based on their common race, Activity Commander. The Army Com- color, religion, sex, national origin, mander who has delegated appointing age, physical or mental handicap, and/ authority for the civilian work force or reprisal. and has a CPO, a labor counselor, and Class complaint. A written discrimina- an EEO officer available for advice. tion complaint filed on behalf of a class Age discrimination. A claim of dis- by the agent of the class alleging that crimination based on age by an individ- an Army personal policy or practice

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discriminates against the class, and plaint system. EEOCCRA also prepares fulfills all of the following elements: the final Army decision in EEO com- a. The class is so numerous that a plaints for the approval and signature consolidated complaint of the class is of the Secretary of the Army or his or impractical. her designee. b. There are questions of fact com- EEO counselor. An Army employee (or mon to the class. an employee of a serviced Department c. The individual claim of discrimina- of Defense activity), working under the tion of the agent of the class is typical direction of the EEO officer, who of the claims of the class. makes informal inquiries and seeks d. The agent of the class, and his or resolution of informal complaints. EEO her representative, if any, will fairly counselors may be assigned to full- and adequately protect the interests of time or part-time EEO counselor posi- the class. tions or be given collateral EEO duties Complainant. An Army employee, a and responsibilities. (In the latter case, former Army employee, or an applicant the EEO counseling duties are offi- for Army employment who files a for- cially added to the counselor’s position mal complaint of discrimination based description). In performing the EEO on his or her race, color, religion, sex, functions, the counselor is guided by national origin, age, physical or men- the EEO officer. tal handicap, and/or reprisal. EEO officer. The individual des- Complaints examiner. An official as- ignated by the Activity Commander to signed by the EEOC to hold hearings on administer the activity’s EEO Pro- formal complaints of discrimination gram. This includes managing and op- and otherwise process individual and erating the complaint processing sys- class complaints for the EEOC. tem, supervising EEO counselors, and Director of Equal Employment Oppor- advising the Activity Commander on tunity. The official designated by the the proposed disposition of complaints. Secretary of the Army, to administer Federal Labor Relations Authority. The the Army’s EEO program in accordance Federal agency responsible for deciding with 29 CFR 1613.204. appeals of arbitration awards filed by a Discrimination. Any act or failure to union or an agency regarding griev- act, impermissibly based in whole or in ances filed under the negotiated griev- part on a person’s race, color, religion, ance procedure. national origin, sex, age, physical or Final Army decision. The decision, mental handicap, and/or reprisal; that with or without a hearing, of the Army adversely affects privileges, benefits, on a complaint of discrimination. working conditions; results in dispar- Formal individual discrimination com- ate treatment; or has a disparate im- plaint. A written complaint (ordinarily, pact on employees or applicants. a DA Form 2590–R) filed under this reg- Equal Employment Opportunity Com- ulation, alleging that a specific act of mission. The Federal agency responsible discrimination or reprisal has taken for issuing policy and regulations on place that is personal to the individual. the discrimination complaint system Handicapped person. a. A person established by an agency in the Federal who— service. The EEOC holds hearings and (1) Has a physical or mental impair- makes findings and recommendations. ment which substantially limits one or The EEOC Office of Review and Appeals more of such person’s major life activi- makes final decisions on discrimina- ties. tion complaints that have been ap- (2) Has a record of such an impair- pealed. It also reviews, upon request, ment. decisions of negotiated grievances and (3) Is regarded as having such an im- Merit Systems Protection Board ap- pairment. peals if they include issues of discrimi- b. Physical or mental impairment. nation. (1) Any physiological disorder or con- Equal Employment Opportunity Compli- dition, cosmetic disfigurement, or ana- ance and Complaints Review Agency. The tomical loss affecting one or more of Army Organization responsible for the the following body systems: management of the Army’s EEO com- (a) Neurological.

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(b) Musculoskeletal. Merit Systems Protection Board. The (c) Special sense organs. Federal agency responsible for deciding (d) Cardiovascular. appeals of personnel actions and mixed (e) Reproductive. case complaints. (f) Digestive. Mixed case complaint. A complaint in- (g) Genito-urinary. volving an action appealable to MSPB (h) Hemic and lymphatic. which alleges that the action was (i) Skin. taken because of discrimination. Ac- (j) Endocrine. tions appealable to the MSPB include (2) Any mental or psychological dis- removals, demotions, suspensions for order, such as mental retardation, or- more than 14 days, reductions-in-force, ganic brain syndrome, emotional or and furloughs for 30 days or less. mental illness, and specific learning Mixed case appeals. An appeal filed disabilities. with the MSPB which alleges that an c. Major life activities. Functions in- Army action resulted, in whole or in clude caring for oneself, performing part, because of discrimination on the manual tasks, walking, seeing, hear- basis of race, color, religion, sex, na- ing, speaking, breathing, learning, and tional origin, mental or physical handi- working. cap, age, and/or reprisal, or alleges that d. Has a record of such an impair- such Army action resulted in sex-based ment. The person has a history of, or wage discrimination. has been classified (or misclassified) as Negotiated grievance procedure. A having, a mental or physical impair- grievance procedure contained in a col- ment that substantially limits one or lective bargaining agreement nego- more major life activities. tiated between the Army and a recog- e. Is regarded as having such an im- nized labor organization. An allegation pairment. This term is defined as one of discrimination may be processed of the following: under a negotiated grievance procedure (1) A physical or mental impairment as provided for by section 7121(d), title that does not substantially limit major 5, United States Code. Unless specifi- life activities but is treated by an em- cally excluded by agreement between ployer as constituting such a limita- labor and management, an allegation tion. of discrimination may be processed (2) A physical or mental impairment under a negotiated grievance procedure that substantially limits major life ac- or this regulation, but not both. tivities only as a result of the attitude Notice of proposed disposition. The no- of an employer toward such impair- tification from the commander to the ment. complainant, after an informal adjust- (3) None of the impairments defined ment attempt, of his or her findings in (2) above but is treated by an em- and disposition of the complaint. The ployer as having such an impairment. notice advises the complainant of the Informal individual discrimination com- right to request a final Army decision, plaint. A matter of alleged discrimina- with or without a hearing, from the tion which is brought to the attention Department of the Army. of an EEO counselor by an aggrieved Qualified handicapped person. With re- person before a formal discrimination spect to employment, a handicapped complaint is filed. Contact with the person who, with or without reasonable EEO counselor may be oral or in writ- accommodation, can perform the es- ing. sential functions of the position in Investigative report. In the Army, the question without endangering the report of investigation prepared by a health and safety of himself, herself, or USACARA investigator after the filing others and who, depending upon the of a formal EEO complaint. type of appointing authority being Labor counselor. An attorney working used, either— in the legal office servicing an activity a. Meets the experience or education who advises and represents the Activ- requirements (which may include pass- ity Commander in labor matters, to in- ing a written test) of the position in clude EEO complaints. question.

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b. Meets the criteria for appointment and/or other verbal or physical conduct under one of the special appointing au- of a sexual nature when one or more of thorities for handicapped persons. the following occurs: Remedial action. May include, but is a. Submission to such conduct is not limited to, retroactive appoint- made either explicitly or implicitly a ment or promotion, back pay, attorney term or condition of an individual’s fees and/or costs, cancellation of an un- employment. warranted personnel action, or b. Submission to or rejection of such expunction from the Army’s records of conduct by an individual is used as the any reference to, or any record of, an basis for employment decisions affect- unwarranted disciplinary action that is ing such individual. not a personnel action. c. Such conduct has the purpose or Reportable contact. A reportable con- effect of unreasonably interfering with tact is any contact with an EEO coun- an individual’s work performance or selor by an aggrieved person who al- creating an intimidating, hostile, or of- leges discrimination on the bases of fensive work environment. race, color, religion, sex, age, mental U.S. Army Civilian Appellate Review or physical handicap, national origin, Agency. The Army organization that or reprisal. investigates and makes recommenda- Sexual harassment. Unwelcome sexual tions on formal EEO complaints filed advances, requests for sexual favors, against the Army.

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APPENDIX P TO PART 588—PRESCRIBED FORMS

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PART 589—COMPLIANCE WITH (3) Have been ordered to show cause COURT ORDERS BY PERSONNEL why they should not be held in con- AND COMMAND SPONSORED tempt for failing to obey a court order. FAMILY MEMBERS This guidance does not affect the authority of Army officials to cooperate Sec. with courts and federal, state, or local 589.1 Definitions. officials, such as is currently described 589.2 Policy. in Army Regulation 27–3, Legal Serv- 589.3 Applicability. ices, Army Regulation 190–9, Military 589.4 General. Absentee and Deserter Apprehension AUTHORITY: Public Law 100.456 and 10 Program, and Army Regulation 608–99, U.S.C., 814. Family Support, Child Custody, and SOURCE: 55 FR 47042, Nov. 8, 1990, unless Paternity, in enforcing orders against otherwise noted. soldiers and employees in matters not discussed below. The guidance below § 589.1 Definitions. does not authorize Army personnel to (a) Court. Any judicial body in the serve or attempt to serve process from United States with jurisdiction to im- U.S. courts on military or DoD employ- pose criminal sanctions of a DoD mem- ees overseas. (See also AR 27–40, Litiga- ber, employee, or family member. tion, paragraph 1–7.) (b) DoD Employee. A civilian employed by a DoD Component, including § 589.3 Applicability. an individual paid from nonappro- This section applies to the following priated funds, who is a citizen or na- personnel: tional of the United States. (a) Army personnel on active duty or (c) DoD Member. An individual who is inactive duty for training in overseas a member of the Armed Forces on ac- areas. This includes the National tive duty and is under the jursidiction Guard when federalized. of the Secretary of a Military Depart- (b) Department of the army civilian ment, regardless whether that individ- employees, including Nonappropriated ual is assigned to duty outside that Fund Instrumentalities (NAFI) em- Military Department. ployees. (c) Command sponsored family mem- § 589.2 Policy. bers of Army personnel or Department (a) This part (chapter) implements of the Army civilian employees. procedural guidance in Department of Defense Directive 552 5.9, ‘‘Compliance § 589.4 General. of DoD members, employees, and fam- (a) Courts of federal, state, or local ily members outside the United States officials desiring to initiate a request with court orders.’’ This guidance ap- for assistance pursuant to this section plies to all soldiers and Department of must forward the request, with appro- the Army and Nonappropriated Fund priate court orders, as follows: (NAF) civilian employees serving out- (1) For soldiers and members or their side the United States, as well as to family, to the soldier’s unit com- their command sponsored family mem- mander of Office, Deputy Chief of Staff bers. for Personnel (ODCSPER), ATTN: (b) DODD 5525.9 requires DoD co- DAPE–MP (703–695–2497); and operation with courts and federal, (2) For Department of the Army ci- state, and local officials in enforcing vilian employees and members of their court orders pertaining to military per- family, to the servicing civilian personnel and DoD employees serving out- sonnel office for the employee’s com- side the United States, as well as their mand, or ODCSPER, ATTN: DAPE– command sponsored family members, CPL, (703–697–4429). who— (3) Nonappropriated Fund (NAF) em- (1) Have been charged with or con- ployees and members of their family, victed of any felony. to the servicing civilian personnel of- (2) Have been held in contempt of a fice for the employee’s command, or court for failure to obey a court order, ODCSPER, ATTN: CFSC–HR–P (703– or 325–9461).

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(b) Upon receipt of such requests for compliance with the request to return assistance concerning courts orders de- the soldier, or to take other action inscribed in paragarph (a) of this section volving a family member or DA or NAF and AR 190–9, commanders/supervisors, employee is warranted by all the facts with the advice of their servicing and circumstances of the particular Judge Advocates and legal advisors, case, and three, the court order does will take action as appropriate as out- not pertain to any felony or to a con- lined below: tempt involving the unlawful or con- (1) Determine whether the request is temptuous removal of a child from the based on an order issued by a court of jurisdiction of the court or the custody competent jurisdiction. An ‘‘order is- of a parent or another person awarded sued by a court of competent jurisdic- custody by court order, the matter will tion’’ is an order that appears valid on be forwarded, for soldiers or their fam- its face and is signed by a judge. ily members to the soldier’s general (2) If the order appears valid on its court-martial convening authority or, face and is signed by a judge, attempt for army civilian or NAF employees or to resolve the matter in a timely man- their family members, to the fairest ner to the satisfaction of the court general officer or civilian equivalent in without the return of, or other action the employee’s chain of command, for affecting, the soldier, Army civilian a determination as to whether the re- employee, or family member. Due request should be complied with. In those gard should be given to mission re- cases in which it is determined that quirements, applicable international noncompliance with the request is war- agreements, and ongoing DoD inves- ranted, copies of that determination tigations or courts-martial. will be forwarded directly to the appro- (3) If the matter cannot be resolved, priate office noted in § 589.4(b)(3) and to afford the subject of the court order a HQDA, DAJA–CL, pursuant to chapter reasonable opportunity to provide evi- 6, AR 190–9. dence of legal efforts to resist the court (5) If one, the matter cannot be re- order or otherwise show legitimate solved, and two, it appears that non- cause for noncompliance. If it is deter- compliance with the request to return mined that efforts to provide such evi- the soldier, or to take other action in- dence or to show cause for noncompli- volving a family member of DA or NAF ance warrant a delay in taking further employee, is warranted by all the facts action, a request for delay, not to ex- and circumstances of the particular ceed 90 days, must be sought from the case, and three, the court order per- Secretary of the Army. Such requests, tains to any felony or to a contempt fully setting forth the reasons justify- involving the unlawful or contemp- ing delay and the estimated delay nec- tuous removal of a child from the essary, will be forwarded within 30 days jurisidiction of a court or the custody directly to ODCSPER, ATTN: DAPE– of a parent or another person awarded MP (for military personnel and their custody by court order, a request for family members or ODCSPER, ATTN: exception to policy will be forwarded DAPE–CPL (for Army civilian employ- directly to the appropriate office listed ees and their family members) or in § 589.3(b)(3) with an information copy ODCSPER, ATTN: CFSC–HR–P (for to HQDA, DAJA–AL, within 30 days un- NAF employees and their family mem- less a delay has been approved by bers). These offices must promptly for- ASA(M&RA). The offices listed in ward the request for delay to the As- § 589.3(b)(3) must forward the request sistant Secretary of Army (Manpower for an exception promptly through and Reserve Affairs) ASA(M&RA), for ASA(M&RA) to ASD(FM&P) for deci- approval. If a delay is approved, sion, copy furnished to General Coun- ASA(M&RA) will promptly notify the sel, DOD. Assistant Secretary of Defense (Force (6) All actions, whether to invoke the Management and Personnel) ASD DOD Directive or not, must be reported (FM&P), copy furnished General Coun- promptly to ASD(FM&P) and General sel, Department of Defense (GC, DOD). Counsel, Department of Defense. See (4) If one, the matter cannot be re- also DOD Directive 5525.9, paragraph solved, and two, it appears that non- E.3.c.

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(c) If requests for military personnel will be strongly encouraged to comply cannot be resolved without return of with the court order. Failure to comply the individual, and denial of the re- with such orders by an Army civilian quest as outlined in this section is not or NAF employee, if all criteria are warranted, the individual will be or- met, is a basis for withdrawal of com- dered pursuant to section 721, Public mand sponsorship and adverse action Law 100–456 and DODD 5525.9 to the ap- against the employee, to include re- propriate U.S. part of entry at govern- moval from federal service. Proposals ment expense, provided the federal, to take disciplinary/adverse actions state, or local authority requesting the must be coordinated with the appro- individual provides travel expenses in- priate civilian personnel office (CPO) cluding a prepaid transportation ticket and the servicing Judge Advocate or or equivalent and an escort, if appro- legal advisor and forwarded for ap- priate, from the port of entry to the proval to the first general officer or ci- appropriate jurisdiction. Absent un- vilian equivalent in the employee’s usual circumstances, requesting par- chain of command. A copy of the final ties will be notified at least 10 days be- action taken on the case must be for- fore the individual is due to return. warded to HQDA, ATTN: DAPE–CPL, Guidance concerning use of military or ATTL: CFSC–HR–P (for NAF em- law enforcement personnel to effect ployees). the return of military personnel to (f) If the request is based upon a valid U.S. civil authorities may be obtained court order pertaining to a family from the U.S. Army Military Policy member of a soldier or Army civilian Operations Agency (MOMP–O). or NAF employee, the family member (d) In accordance with DoD policy, will be strongly encouraged to comply military personnel traveling pursuant with the court order if denial of the re- to a contempt order or show cause quest as outlined in this part is not order, as described in this part and in warranted. Unless the family member AR 614–XX is entitled to full transpor- can show legitimate cause for non- tation and per diem allowances. How- compliance with the order, considering ever, this does not alleviate the re- all of the facts and circumstances, fail- questing parties’ requirement to pay ure to comply may be basis for with- travel expenses from the appropriate drawal of command sponsorship. U.S. port of entry. Any travel expenses received from the requesting party (g) Failure of the requesting party to must be deducted from the soldier’s en- provide travel expenses for military titlement to travel and per diem allow- personnel as specified in this section, is ances. The soldier will be returned in a grounds to be recommended denial of temporary duty (TDY) status, unless a the request for assistance. The request permanent change of station (PCS) is must still be forwarded through DAPE– appropriate. MP and ASA(M&RA) to ASD(FM&P) (e) If requests for Army civilian and for decision, copy furnished to General NAF employees cannot be resolved and Counsel, Department of Defense. denial of the request as outlined in this [55 FR 47042, Nov. 8, 1990, as amended at 56 section is not warranted, the individual FR 371, Jan. 4, 1991]

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