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(ff) Working Days. Days excluding Satur- and insignia. It also establishes the He- day, Sunday, and legal holidays. raldic Item Quality Control Program to improve the appearance of the Army PART 507—MANUFACTURE AND and Air Force by controlling the qual- SALE OF DECORATIONS, MED- ity of heraldic items purchased from ALS, , INSIGNIA, COM- commercial sources. MERCIAL USE OF HERALDIC DE- SIGNS AND HERALDIC QUALITY § 507.2 References. CONTROL PROGRAM Related publications are listed in paragraphs (a) through (f) of this sec- Subpart A—Introduction tion. (A related publication is merely a source of additional information. The Sec. 507.1 Purpose. user does not have to read it to under- 507.2 References. stand this part). Copies of referenced 507.3 Explanation of abbreviations and publications may be reviewed at Army terms. and Air Force Libraries or may be pur- 507.4 Responsibilities. chased from the National Technical In- 507.5 Statutory authority. formation Services, U.S. Department of Subpart B—Manufacture and Sale of Commerce, 5285 Port Royal Road, Decorations, , Badges, and Insignia Springfield, VA 22161. (a) AFI 36–2903, Dress and Personal 507.6 Authority to manufacture. Appearance of Air Force Personnel. 507.7 Authority to sell. 507.8 Articles authorized for manufacture (b) AR 360–5, Public Information. and sale. (c) AR 670–1, Wear and Appearance of 507.9 Articles not authorized for manufac- Army Uniforms and Insignia. ture or sale. (d) AR 840–1, Department of the Army Subpart C—Commercial Use of Heraldic Seal, and Department of the Army Em- Designs blem and Branch of Service Plaques. (e) AR 840–10, Heraldic Activities, 507.10 Incorporation of designs or likenesses Flags, Guidons, Streamers, Tabards of approved designs in commercial arti- and Automobile Plates. cles. 507.11 Reproduction of designs. (f) AFR 900–3, Department of the Air 507.12 Possession and wearing. Force Seal, Organizational Emblems, Use and Display of Flags, Guidons, Subpart D—Heraldic Quality Control Streamers, and Automobile and Air- Program craft Plates. 507.13 General. 507.14 Controlled heraldic items. § 507.3 Explanation of abbreviations 507.15 Certification of heraldic items. and terms. 507.16 Violations and penalties. (a) Abbreviations. (1) AFB—Air Force 507.17 Procurement and wear of heraldic Base. items. 507.18 Processing complaints of alleged (2) DA—Department of the Army. breach of policies. (3) DCSPER—Deputy Chief of Staff for Personnel. AUTHORITY: 10 U.S.C. 3012, 18 U.S.C. 701, 18 U.S.C. 702 (4) DSCP—Defense Supply Center Philadelphia. SOURCE: 63 FR 27208, May 18, 1998, unless otherwise noted. (5) DUI—distinctive unit insignia. (6) ROTC—Reserve Officers’ Training Subpart A—Introduction Corps. (7) SSI—shoulder sleeve insignia. § 507.1 Purpose. (8) TIOH—The Institute of . This part prescribes the Department (9) USAF—United States Air Force. of the Army and the Air Force policy (b) Terms—(1) Cartoon. A drawing six governing the manufacture, sale, repro- times actual size, showing placement duction, possession, and wearing of of stitches, color and size of yarn and military decorations, medals, badges, number of stitches.

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(2) Certificate of authority to manufac- AFB, AL 36112–6424. The , ture. A certificate assigning manufac- AFHRA/RSO, is responsible for grant- turers a hallmark and authorizing ing permission for use of the Air Force manufacture of heraldic items. seal, coat of arms, and crest. (3) Hallmark. A distinguishing mark (f) Commanders. Commanders are re- consisting of a letter and numbers as- sponsible for purchasing heraldic items signed to certified manufacturers for that have been produced by manufac- use in identifying manufacturers of in- turers certified by TIOH. Commanders signia. will ensure that only those heraldic (4) Heraldic items. All items worn on items that are of quality and design the uniform to indicate unit, skill, covered in the specification and that branch, or identification and a have been produced by certified manu- design has been established by TIOH on facturers are worn by personnel under an official drawing. their command. (5) Letter of agreement. A form signed by manufacturers before certification, § 507.5 Statutory authority. stating that the manufacturer agrees (a) The wear, manufacture, and sale to produce heraldic items in accord- of military decorations, medals, ance with specific requirements badges, their components and appur- (6) Letter of authorization. A letter tenances, or colorable imitations of issued by TIOH that authorizes the them, are governed by section 704, title manufacture of a specific heraldic item 18, United States Code (18 U.S.C. 704). after quality assurance inspection of a (b) The manufacture, sale, posses- preproduction sample. sion, and reproduction of badges, iden- (7) Tools. Hubs, dies, cartoons, and tification cards, insignia, or other de- drawings used in the manufacture of signs, prescribed by the head of a U.S. heraldic items. department or agency, or colorable imitations of them, are governed by § 507.4 Responsibilities. Title 18, United States Code, Section (a) Deputy Chief of Staff for Personnel 701 (18 U.S.C. 701). (DCSPER), Army. The DCSPER has (c) This part incorporates the statu- staff responsibility for heraldic activi- tory provisions. ties in the Army. (b) The Director, The Institute of Her- aldry (TIOH). The Director, TIOH, Subpart B—Manufacture and Sale will— of Decorations, Medals, (1) Monitor the overall operation of Badges, and Insignia the Heraldic Quality Control Program. (2) Authorize the use of insignia de- § 507.6 Authority to manufacture. signs in commercial items. (a) A certificate of authority to man- (3) Certify insignia manufacturers. ufacture heraldic articles may be (4) Inspect the quality of heraldic granted by the Institute of Heraldry. items. (1) Certificates of authority will be (c) The Commander, Air Force Per- issued only to companies who have sonnel Center, Randolph AFB, TX 78150– manufacturing capability and agree to 4739. The Commander has staff respon- manufacture heraldic items according sibility for heraldic activities in the to applicable specifications or purchase Air Force. descriptions. (d) The Chief, Air Force Personnel Cen- (2) The certificate of authority is ter Commander’s Programs Branch (HQ valid only for the individual or cor- AFPC/DPSFC), 550 C Street West, Suite poration indicated. 37, Randolph AFB, TX 78150–4739. The (3) A hallmark will be assigned to Chief, Commander’s Programs Branch each certified manufacturer. All insig- is responsible for granting permission nia manufactured will bear the manu- for the incorporation of certain Air facturer’s hallmark. Force badges and rank insignia designs (b) A certificate of authority may be in commercial items. revoked or suspended under the proce- (e) Commander, Air Force Historical Re- dures prescribed in subpart D of this search Agency (AFHRA/RSO), Maxwell part.

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(c) Manufacturers will submit a (11) Army emblem and branch of preproduction sample to TIOH of each service plaques. item they manufacture for certifi- (b) Variations from the prescribed cation under the Heraldic Quality Con- specifications for the items listed in trol Program. A letter of certification paragraph (a) of this section are not authorizing manufacture of each spe- permitted without approval, in cific item will be issued provided the writing, by TIOH. sample meets quality assurance stand- ards. § 507.9 Articles not authorized for (d) A copy of the certified manufac- manufacture or sale. tures list will be furnished to the Army The following articles are not au- and Air Force Exchange Service and, thorized for manufacture and sale, ex- upon request, to Army and Air Force cept under contract with DSCP: commanders. (a) The of Honor. (b) Service for the Medal of § 507.7 Authority to sell. Honor. No certificate of authority to manu- (c) for the Medal of Honor. facture is required to sell articles list- (d) Service flags (prescribed in AR ed in § 507.8 of this part; however, sell- 840–10 or AFR 900–3). ers are responsible for insuring that (e) Army seal. any article they sell is manufactured (f) Commercial articles for public in accordance with Government speci- sale that incorporate designs or fications using government furnished likenesses of decorations, service med- tools, bears a hallmark assigned by als, and service . TIOH, and that the manufacturer has (g) Commercial articles for public received a certification to manufacture sale that incorporate designs or that specific item prior to sale. likenesses of designs of insignia listed in § 507.8 of this part, except when au- § 507.8 Articles authorized for manu- thorized by the Service concerned. facture and sale. (a) The articles listed in paragraphs Subpart C—Commercial Use of (a) (1) through (10) of this section are authorized for manufacture and sale Heraldic Designs when made in accordance with ap- § 507.10 Incorporation of designs or proved specifications, purchase descrip- likenesses of approved designs in tions or drawings. commercial articles. (1) All authorized insignia (AR 670–1 The policy of the Department of the and AFI 36–2903). Army and the Department of the Air (2) Appurtenances and devices for Force is to restrict the use of military decorations, medals, and ribbons such designs for the needs or the benefit of as oak leaf clusters, service stars, ar- personnel of their Services. rowheads, V-devices, and clasps. (a) Except as authorized in writing (3) Combat, special skill, occupa- by the Department of the Army or the tional and qualification badges and Department of the Air Force, as appli- bars. cable, the manufacture of commercial (4) Identification badges. articles incorporating designs or (5) Fourrageres and lanyards. likenesses of official Army/Air Force (6) Lapel buttons. heraldic items is prohibited. However, (7) Decorations, service medals, and certain designs or likenesses of insig- ribbons, except for the Medal of Honor. nia such as badges or organizational in- (8) Replicas of decorations and serv- signia may be incorporated in articles ice medals for grave markers. Replicas manufactured for sale provided that are to be at least twice the size pre- permission has been granted as speci- scribed for decorations and service fied in paragraphs (a) (1) and (2) of this medals. section. (9) Service ribbons for decorations, (1) Designs approved for use of the service medals, and unit . Army. The Director, The Institute of (10) Rosettes. Heraldry, 9325 Gunston Road, Room S–

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112, Fort Belvoir, VA 22060–5579, is re- ration, service medal, service ribbon, sponsible for granting permission for , lapel button, insignia, or other the incorporation of certain Army in- device, or the colorable imitation signia designs and the Army emblem in thereof, of a design prescribed by the commercial articles manufactured for Secretary of the Army or the Secretary sale. Permission for such use will be in of the Air Force for use by members of writing. Commanders of units author- the Army or the Air Force is author- ized a SSI or DUI may authorize the re- ized provided that such reproduction production of their SSI or DUI on com- does not bring discredit upon the mili- mercial articles such as shirts, tie tary service and is not used to defraud tacks, cups, or plaques. Permission for or to misrepresent the identification or use of a SSI or DUI will be submitted status of an individual, organization, in writing to the commander con- society, or other group of persons. cerned. Authorization for incorpora- (b) The use for advertising purposes tion of designs or likenesses of designs of any engraving, photograph, print, or in commercial items will be granted impression of the likeness of any De- only to those manufacturers who agree partment of the Army or Department to offer these items for sale only to of the Air Force decoration, service Army and Air Force Exchange Service medal, service ribbon, badge, lapel but- and outlets that sell primarily to mili- ton, insignia, or other device (except tary personnel and their dependents. the Honorable Service lapel button) is (2) Designs approved for use of the Air prohibited without prior approval, in Force. Headquarters, Air Force Per- writing, by the Secretary of the Army sonnel Center, Chief, Commander’s or the Secretary of the Air Force ex- Programs Branch (HQ AFPC/DPSFC), cept when used to illustrate a par- 550 C Street West, Suite 37, Randolph ticular article that is offered for sale. AFB, TX 78150–4739, is responsible for Request for use of Army insignia in ad- granting permission for the incorpora- vertisements or promotional materials tion of certain Air Force designs for will be processed through public affairs commercial articles manufactured for channels in accordance with AR 360–5, sale. The Commander, Air Force His- paragraph 3–37. torical Research Agency, AFHRA/RSO, (c) The reproduction in any manner Maxwell AFB, AL 36112–6678, is respon- of the likeness of any identification sible for granting permission for the in- card prescribed by Department of the corporation of the coat of arms, crest, Army or Department of the Air Force seal and organizational emblems. Such is prohibited without prior approval in permission will be in writing. Author- writing by the Secretary of the Army ization for incorporation of designs or or Secretary of the Air Force. likenesses of designs in commercial items will be granted only to those § 507.12 Possession and wearing. manufacturers who agree to offer these (a) The wearing of any decoration, items for sale only to the Army and service medal, badge, service ribbon, Air Force Exchange Service, or to lapel button, or insignia prescribed or those outlets that sell primarily to authorized by the Department of the military personnel and their depend- Army and the Department of the Air ents. Force by any person not properly au- (b) In the case of the Honorable Serv- thorized to wear such device, or the use ice lapel button, a general exception is of any decoration, service medal, made to permit the incorporation of badge, service ribbon, lapel button, or that design in articles manufactured insignia to misrepresent the identifica- for public sale provided that such arti- tion or status of the person by whom cles are not suitable for wear as lapel such is worn is prohibited. Any person buttons or pins. who violates the provision of this sec- tion is subject to punishment as pre- § 507.11 Reproduction of designs. scribed in the statutes referred to in (a) The photographing, printing, or, § 507.5 of this part. in any manner making or executing (b) Mere possession by a person of any engraving, photograph, print, or any of the articles prescribed in § 507.8 impression in the likeness of any deco- of this part is authorized provided that

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such possession is not used to defraud § 507.16 Violations and penalties. or misrepresent the identification or A certificate of authority to manu- status of the individual concerned. facture will be revoked by TIOH upon (c) Articles specified in § 507.8 of this intentional violation by the holder part, or any distinctive parts including thereof of any of the provisions of this suspension ribbons and service ribbons) part, or as a result of not complying or colorable imitations thereof, will with the agreement signed by the man- not be used by any organization, soci- ufacturer in to receive a certifi- ety, or other group of persons without cate. Such violations are also subject prior approval in writing by the Sec- to penalties prescribed in the Acts of retary of the Army or the Secretary of Congress (§ 507.5 of this part). A repeti- the Air Force. tion or continuation of violations after official notice thereof will be deemed Subpart D—Heraldic Quality prima facie evidence of intentional vio- lation. Control Program § 507.17 Procurement and wear of he- § 507.13 General. raldic items. The heraldic quality control program (a) The provisions of this part do not provides a method of ensuring that in- apply to contracts awarded by the De- signia items are manufactured with fense Personnel Support Center for tools and specifications provided by manufacture and sale to the U.S. Gov- TIOH. ernment. (b) All Army and Air Force service § 507.14 Controlled heraldic items. personnel who wear quality controlled heraldic items that were purchased The articles listed in § 507.8 of this from commercial sources will be re- part are controlled heraldic items and sponsible for ensuring that the items will be manufactured in accordance were produced by a certified manufac- with Government specifications using turer. Items manufactured by certified Government furnished tools or car- manufacturers will be identified by a toons. Tools and cartoons are not pro- hallmark and/or a certificate label cer- vided to manufacturers for the items in tifying the item was produced in ac- paragraphs (a) through (e) of this sec- cordance with specifications. tion. However, manufacture will be in (c) Commanders will ensure that only accordance with the Government fur- those heraldic items that are of the nished drawings. quality and design covered in the speci- (a) Shoulder loop insignia, ROTC, fications and that have been produced U.S. Army. by certified manufacturers are worn by (b) Institutional SSI, ROTC, U.S. personnel under their command. Con- Army. trolled heraldic items will be procured (c) Background trimming/flashes, only from manufacturers certified by U.S. Army. TIOH. Commanders procuring con- (d) U.S. Air Force organizational em- trolled heraldic items, when authorized blems for other than major commands. by local procurement procedures, may forward a sample insignia to TIOH for (e) Hand embroidered bullion insig- quality assurance inspection if the nia. commander feels the quality does not § 507.15 Certification of heraldic items. meet standards. A letter of certification to manufac- § 507.18 Processing complaints of al- ture each heraldic item, except those leged breach of policies. listed in § 507.14 (a) through (e) of this The Institute of Heraldry may revoke part, will be provided to the manufac- or suspend the certificate of authority turer upon submission of a to manufacture if there are breaches of preproduction sample. Manufacture quality control policies by the manu- and sale of these items is not author- facturer. As used in this paragraph, the ized until the manufacturer receives a term quality control policies include certification letter from TIOH. the obligation of a manufacturer under

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his or her ‘‘Agreement to Manufac- officer or a civilian employee above the ture,’’ the quality control provisions of grade of GS–7. this part, and other applicable instruc- (3) The specific written allegations, tions provided by TIOH. together with other pertinent material, (a) Initial processing. (1) Complaints will be transmitted to the hearing ex- and reports of an alleged breach of aminer for introduction as evidence at quality control policies will be for- the hearing. warded to the Director, The Institute (4) Manufacturers may be suspended of Heraldry, 9325 Gunston Road, Room for failure to return a loaned tool with- S–112, Fort Belvoir, VA 22060–5579 out referral to a hearing specified in (hereinafter referred to as Director). paragraph (c)(1) of this section; how- (2) The Director may direct that an ever, the manufacturer will be advised, informal investigation of the com- in writing, that tools are overdue and plaint or report be conducted. suspension will take effect if not re- (3) If such investigation is initiated, turned within the specified time. it will be the duty of the investigator (d) Notification to the manufacturer by to ascertain the facts in an impartial examiner. Within a 7 day period fol- manner. Upon conclusion of the inves- lowing receipt by the examiner of the tigation, the investigator will submit a allegations and other pertinent mate- report to the appointing authority con- rial, the examiner will transmit a reg- taining a summarized record of the in- istered letter of notification to the vestigation together with such findings manufacturer informing him or her of and recommendations as may be appro- the following: priate and warranted by the facts. (1) Specific allegations. (4) The report of investigation will be (2) Directive of the Director requiring forwarded to the Director for review. If the holding of a public hearing on the it is determined that a possible breach allegations. of quality control policies has oc- (3) Examiner’s decision to hold the curred, the Director will follow the public hearing at a specific time, date, procedures outlined in paragraphs (b) and place that will be not earlier than through (g) of this section. 30 days from the date of the letter of (b) Voluntary performance. The Direc- notification. tor will transmit a registered letter to (4) Ultimate authority of the Direc- the manufacturer advising of the de- tor to suspend or revoke the certificate tailed allegations of breach and re- of authority should the record devel- questing assurances of voluntary com- oped at the hearing so warrant. pliance with quality control policies. (5) Right to— No further action is taken if the manu- (i) A full and fair public hearing. facturer voluntarily complies with the quality control policies; however, any (ii) Be represented by counsel at the further reoccurrence of the same hearing. breach will be considered refusal to (iii) Request a change in the date, perform. time, or place of the hearing for pur- (c) Refusal to perform. (1) If the manu- poses of having reasonable time in facturer fails to reply within a reason- which to prepare the case. able time to the letter authorized by (iv) Submit evidence and present wit- paragraph (b) of this section, or refuses nesses in his or her own behalf. to give adequate assurances that future (v) Obtain, upon written request filed performance will conform to quality before the commencement of the hear- control policies, or indicates by subse- ing, at no cost, a verbatim transcript quent conduct that the breach is con- of the proceedings. tinuous or repetitive, or disputes the (e) Public hearing by examiner. (1) At allegations of breach, the Director will the time, date, and place designated in direct that a public hearing be con- accordance with paragraph (d) (3) of ducted on the allegations. this section, the examiner will conduct (2) A hearing examiner will be ap- the public hearing. pointed by appropriate orders. The ex- (i) A verbatim record of the pro- aminer may be either a commissioned ceeding will be maintained.

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(ii) All previous material received by public gathering is prohibited by this the examiner will be introduced into section is delegated to major com- evidence and made part of the record. manders. (iii) The Government may be rep- (b) Suitability. Commanders author- resented by counsel at the hearing. izing participation by Army bands (ex- (2) Subsequent to the conclusion of cept the U.S. Army Band and the U.S. the hearing, the examiner will make Army Field Band) in their official specific findings on the record before capacties and in the performance of of- him or her concerning each allegation. ficial duties will be guided by the fol- (3) The complete record of the case lowing conditions of suitability: will be forwarded to the Director. (1) When participation is an appro- (f) Action by the Director. (1) The Di- priate part of official occasions at- rector will review the record of the tended by the senior officers of the hearing and either approve or dis- Government or the Department of De- approve the findings. fense in their official capacities and in (2) Upon arrival of a finding of breach the performance of official duties. of quality control policies, the manu- (2) For parades and ceremonies which facturer will be so advised. are incident to gatherings of personnel (3) After review of the findings, the of the Armed Forces, veterans, and pa- certificate of authority may be re- triotic organizations. voked or suspended. If the certificate (3) At public rallies and parades in- of authority is revoked or suspended, tended to stimulate national interest the Director will— in the Armed Forces and/or to further (i) Notify the manufacturer of the the community relation program. revocation or suspension. (4) For fund drives for officially rec- (ii) Remove the manufacturer from ognized Armed Forces relief agencies the list of certified manufacturers. or charitable organizations such as the (iii) Inform the Army and Air Force Red Cross when the proceeds are do- Exchange Service of the action. nated to such agencies. (g) Reinstatement of certificate of au- (5) For athletic contests in which one thority. The Director may, upon receipt or more Armed Forces teams are par- of adequate assurance that the manu- ticipating. facturer will comply with quality con- (6) In connection with recruiting ac- trol policies, reinstate a certificate of tivities for the Armed Forces. authority that has been suspended or (7) At official occasions and free so- revoked. cial and entertainment activities held on or off Armed Forces installations, provided that such free social enter- PART 508—COMPETITION WITH tainment activities are conducted ex- CIVILIAN BANDS clusively for the benefit of personnel of the Armed Forces and their guests. AUTHORITY: Secs. 3012, 3634, 70A Stat. 157, [25 FR 10700, Nov. 9, 1960] 207; 10 U.S.C. 3012, 3634.

§ 508.1 Utilization of Army bands. PART 510—CHAPLAINS (a) General. Participation of Army bandsmen in performances off military AUTHORITY: R.S. 1125; 10 U.S.C. 238. reservations will not interfere with the customary employment and regular en- § 510.1 Private ministrations, sacra- gagement of local civilians in the re- ments, and ordinances. spective arts, trades, or professions. Chaplains will conduct or arrange for Such participation will not directly or appropriate burial services at the in- indirectly benefit or appear to benefit terment of members of the military or favor any private individual, com- service, active and retired, and for mercial venture, sect, or political or members of their families upon re- fraternal group, except as may be spe- quest. A chaplain may perform the cifically authorized by the Secretary of marriage rite, provided he complies Defense. The authority to determine with the civil law of the place where whether the use of an Army band at a the marriage is to be solemnized and

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