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  <FDSYS>
    <CFRTITLE>32</CFRTITLE>
    <CFRTITLETEXT>National Defense</CFRTITLETEXT>
    <VOL>3</VOL>
    <DATE>2003-07-01</DATE>
    <ORIGINALDATE>2003-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>PERSONNEL</TITLE>
    <GRANULENUM>F</GRANULENUM>
    <HEADING>SUBCHAPTER F</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 32" SEQ="1">National Defense</PARENT>
      <PARENT HEADING="Subtitle A" SEQ="0">Department of Defense (Continued)</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SUBCHAP TYPE="P">
    <PRTPAGE P="377"/>
    <HD SOURCE="HED">SUBCHAPTER F—PERSONNEL</HD>
    <PART>
      <EAR>Pt. 571</EAR>
      <HD SOURCE="HED">PART 571—RECRUITING AND ENLISTMENTS</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>571.1</SECTNO>
        <SUBJECT>General.</SUBJECT>
        <SECTNO>571.2</SECTNO>
        <SUBJECT>Basic qualifications for enlistment.</SUBJECT>
        <SECTNO>571.3</SECTNO>
        <SUBJECT>Waivable enlistment criteria including civil offenses.</SUBJECT>
        <SECTNO>571.4</SECTNO>
        <SUBJECT>Periods of enlistment.</SUBJECT>
        <SECTNO>571.5</SECTNO>
        <SUBJECT>Enlistment options.</SUBJECT>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>Section 3012, 70A Stat. 157; 10 U.S.C. 3012.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>44 FR 9745, Feb. 15, 1979, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 571.1</SECTNO>
        <SUBJECT>General.</SUBJECT>
        <P>(a) <E T="03">Purpose.</E> This part gives the qualifications for men and women enlisting or reenlisting in the Regular Army (RA). The procedures simplify and standardize the processing of applicants through the recruiting service. The applicant's ability to meet all requirements or exceptions will determine eligibility. This includes obtaining prescribed waivers.</P>
        <P>(b) <E T="03">Definitions.</E> The following definitions apply to this part:</P>
        <P>(1) <E T="03">Enlistment.</E> The first voluntary enrollment in the Regular Army as an enlisted member.</P>
        <P>(2) <E T="03">Reenlistment.</E> The second or subsequent voluntary enrollment in the Regular Army as an enlisted member.</P>
        <P>(3) <E T="03">United States Army.</E> The Regular Army, Army of the United States (AUS), Army National Guard (ARNG) of the United States, and the United States Army Reserve (USAR).</P>
        <P>(4) <E T="03">Regular Army (RA).</E> The permanent Army, which is a major component of the United States Army, as used in this part distinguishes it from the other major components.</P>
        <P>(5) <E T="03">Prior Service (PS).</E> One or more days of completed active duty in a regular component or of extended active duty in a Reserve component of any of the Armed Forces, in the Army National Guard or Army Reserve programs of active duty for training pursuant to the Reserve Forces Act of 1955; in the Reserve Enlistment Program of 1963; or in similar programs of any of the Army Forces. Short periods of active duty for training in any other programs will not meet prior service requirements in this part.</P>
        <P>(6) <E T="03">Non-Prior Service (NPS).</E> No previous service in any of the Armed Forces of the United States, or previous service without completion of 1 or more days of active duty or active duty for training as given in paragraph (b)(5) of this section.</P>
        <P>(7) <E T="03">Within 3 months of separation.</E> The 3 month's period when an individual must reenlist to be eligible for certain benefits. This period begins on the day following separation and ends with the date of the month, 3 months later, that corresponds to the separation date. When there is no corresponding date in the 3rd month, the terminating date will be the last day of that month. For example, an individual separated on 31 January has a terminating date of 30 April.</P>
        <P>(8) <E T="03">Major commanders.</E> The following have commanding generals, United States Army Forces Command (FORSCOM); United States Army Training and Doctrine Command (TRADOC); US Army Military District of Washington (MDW); US Army Materiel Development and Readiness Command (DARCOM); US Army Intelligence and Security Command (INSCOM); US Army Communications Command (ACCOM); US Army Criminal Investigation Command (CIDC); US Army Health Services Command (HSC); Military Traffic Management Command (MTMC); Commander in Chief, US Army Europe and Seventh Army (CINCUSAREUR): Eighth US Army; and US Army Japan (USAJ).</P>
        <P>(9) <E T="03">Dependent.</E> The term “dependent” means:</P>
        <P>(i) A spouse. This does not include a common law spouse unless so judged by a civil court.</P>

        <P>(ii) Any unmarried natural (legitmate or illegitimate) or adopted child of the applicant if the child is under 18 year of age, whether or not the applicant has custody of the child, and regardless of who has guardianship of the child. If the applicant's child has been adopted by another person (Final adoption decree issued and effective) <PRTPAGE P="378"/>then the child is not the applicant's dependent. The term “natural child” includes any illegitimate child claimed by the applicant to be his/her child or judged to be his/her child by court order.</P>
        <P>(iii) Stepchild of the applicant who resides with the applicant if the stepchild is under 18 years of age.</P>
        <P>(iv) Any other person who is dependent on the applicant for over one-half of his/her support.</P>
        <P>(10) <E T="03">Applicant without a spouse.</E> An applicant who is unmarried, is divorced, is legally separated, whose spouse is deceased; has deserted applicant, is incarcerated, is not residing permanently with applicant, or applicant has sole custody of the dependent(s).</P>
        <P>(c) <E T="03">Delayed Entry Program (DEP).</E> The Commanding General, United States Army Recruiting Command (USAREC) is authorized by 10 U.S.C. 5-11a to organize and administer DEP. Applicants enlisted in DEP are assigned to the United States Army Reserve (USAR) Control Group (Delayed Entry). Only qualified applicants who agree to subsequently enlist in the Regular Army may enlist in DEP.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 571.2</SECTNO>
        <SUBJECT>Basic qualifications for enlistment.</SUBJECT>
        <P>(a) <E T="03">Age requirements.</E> (1) Non-prior service. Applicants must be 17 to 34 years old, inclusive.</P>
        <P>(2) Prior service. Applicants must be 17 to 34 years old. If 35 or older but less than 55 years, they will qualify if they:</P>
        <P>(i) Have a minimum of 3 years honorable active service in any one of the Armed Forces, with at least 1 or more days of Army service.</P>
        <P>(ii) Be not less than 35 years old plus the number of completed years of prior honorable active military service.</P>
        <P>(3) Exceptions. Applicants will be exempt from the above age requirements if they can qualify for retirement by age 60, are not 55 or older with 20 or more years of active service, and if they are:</P>
        <P>(i) Honorably discharged active duty commissioned or warrant officers who enlist within 6 months after their separation date or who were awarded the Medal of Honor, Silver Star, or the Distinguished Service Cross.</P>
        <P>(ii) Enlisted members who separate from the Regular Army with an honorable or general discharge and reenlist within 3 months after separation date.</P>
        <P>(4) Parental consent. The written consent of parents or legal guardian is required for applicants under 18 years of age.</P>
        <P>(b) <E T="03">Citizenship requirements.</E> The applicant must be:</P>
        <P>(1) A citizen of the United States, or</P>
        <P>(2) An alien who has been lawfully admitted to the United States as a permanent resident, or</P>
        <P>(3) A National of the United States (Citizen of Puerto Rico, Guam, American Samoa or the Virgin Islands).</P>
        <P>(c) <E T="03">Trainability requirements.</E> (1) Non-prior service. For enlistment in mental group category I-III applicants must have a high school diploma (HSD) or General Education Development (GED) Certificate. HSD or GED scores must be 90 or above in one or more aptitude areas in Armed Services Vocational Aptitude Battery (ASVAB) tests. Mental group IV requires two. Non-high-school graduates (NHSG) in mental group I-IIIA require two. Applicants must meet all other criteria for the option they wish to select. (See § 571.2(c)(3).)</P>
        <P>(2) Prior service. Applicants must meet the mental requirements in paragraph (c)(3) of this section, or qualify for exemption from these requirements through:</P>
        <P>(i) Award of the Medal of Honor.</P>
        <P>(ii) Award of the Distinguished Service Cross, Navy Cross, or Silver Star Medal, with less than 20 years of active military service.</P>
        <P>(iii) Partially disabling combat-wounds with less than 20 years of active military service.</P>
        <P>(3) Mental categories and eligibility for enlistment.<PRTPAGE P="379"/>
        </P>
        <GPOTABLE CDEF="s10,xs28,6,xs54,xs24,xs30,xs90" COLS="7" OPTS="L2">
          <BOXHD>
            <CHED H="1">Applicant</CHED>
            <CHED H="1">Age</CHED>
            <CHED H="1">Education level <SU>1</SU>
            </CHED>
            <CHED H="1">Mental category <SU>2</SU>
            </CHED>
            <CHED H="1">Enlistment eligibility <SU>3</SU>
            </CHED>
            <CHED H="2">DEP</CHED>
            <CHED H="2">RA</CHED>
            <CHED H="1">Remarks</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">NPS—male</ENT>
            <ENT>17</ENT>
            <ENT>HSG<LI>GED</LI>
              <LI>GED</LI>
            </ENT>
            <ENT>I-IVB<LI>I-IIIA</LI>
              <LI>IIIB-IV</LI>
            </ENT>
            <ENT>Yes<LI>Yes</LI>
            </ENT>
            <ENT>Yes<LI>No</LI>
              <LI>Yes</LI>
              <LI>No</LI>
            </ENT>
            <ENT>10th grade minimum unless over 22 years old, then 11th grade minimum.</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
          </ROW>
          <ROW>
            <ENT I="52">NHSG</ENT>
            <ENT>I-IIIA</ENT>
            <ENT>Yes</ENT>
            <ENT>Yes</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
          </ROW>
          <ROW>
            <ENT I="52">NHSG<LI>HSSR</LI>
            </ENT>
            <ENT>IIIB-IV<LI>I-IVB</LI>
            </ENT>
            <ENT>No<LI>Yes</LI>
            </ENT>
            <ENT>No<LI>(See remarks)</LI>
            </ENT>
            <ENT>Eligible for RA if graduates. If NHSG, meet criteria of this table.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NPS—male</ENT>
            <ENT>18 or older</ENT>
            <ENT>HSG<LI>GED</LI>
              <LI>GED</LI>
            </ENT>
            <ENT>I-IVB<LI>I-IIIB</LI>
              <LI>IV</LI>
            </ENT>
            <ENT>Yes<LI>Yes</LI>
              <LI>No</LI>
            </ENT>
            <ENT>Yes<LI>Yes</LI>
              <LI>No</LI>
            </ENT>
            <ENT>10th grade minimum unless over 22 years old, then 11th grade minimum.</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
          </ROW>
          <ROW>
            <ENT I="52">NHSG</ENT>
            <ENT>I-IIIA</ENT>
            <ENT>Yes</ENT>
            <ENT>Yes</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
          </ROW>
          <ROW>
            <ENT I="52">NHSG<LI>NHSG</LI>
            </ENT>
            <ENT>IIIB<LI>IV</LI>
            </ENT>
            <ENT>Yes<LI>No</LI>
            </ENT>
            <ENT>Yes<LI>No</LI>
            </ENT>
            <ENT>11th grade minimum regardless of age.</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
          </ROW>
          <ROW>
            <ENT I="52">HSSR</ENT>
            <ENT>I-IVB</ENT>
            <ENT>Yes</ENT>
            <ENT>(See Remarks)</ENT>
            <ENT>Eligible for RA if graduates. If NHSG, meet criteria of this table.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NPS—female</ENT>
            <ENT/>
            <ENT>HSG</ENT>
            <ENT>WST 50 or higher</ENT>
            <ENT>Yes</ENT>
            <ENT>Yes</ENT>
            <ENT>Eligible for RA if graduates.</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
          </ROW>
          <ROW>
            <ENT I="52">GED</ENT>
            <ENT/>
            <ENT>No</ENT>
            <ENT>No</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
          </ROW>
          <ROW>
            <ENT I="52">NHSG</ENT>
            <ENT/>
            <ENT>No</ENT>
            <ENT>No</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
          </ROW>
          <ROW>
            <ENT I="52">HSSR</ENT>
            <ENT/>
            <ENT>Yes</ENT>
            <ENT>Yes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Prior service—male</ENT>
            <ENT/>
            <ENT>HSG<LI>GED</LI>
              <LI>NHSG</LI>
            </ENT>
            <ENT>I-IIIB and three aptitude scores of 90 or higher</ENT>
            <ENT>Yes<LI>Yes</LI>
              <LI>No</LI>
            </ENT>
            <ENT>Yes<LI>Yes</LI>
              <LI>No</LI>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Prior service—female</ENT>
            <ENT/>
            <ENT>HSG<LI>GED</LI>
              <LI>NHSG</LI>
            </ENT>
            <ENT>Three aptitude scores of 90 or higher</ENT>
            <ENT>Yes<LI>Yes</LI>
              <LI>No</LI>
            </ENT>
            <ENT>Yes<LI>Yes</LI>
              <LI>No</LI>
            </ENT>
            <ENT>If female is a member of USAR/ARNG prior to RA enlistment, a minimum Womens Selection Test (WST) score of 50 is required in addition to 3 aptitude scores of 90 or higher.</ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU> Education definitions:</TNOTE>
          <TNOTE>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.</TNOTE>
          <TNOTE>b. General Education Development (GED) equivalency. An applicant who has evidence of completion of the high school level GED equivalency.</TNOTE>
          <TNOTE>c. Non-high school graduate (NHSG) and high school senior (HSSR). Self explanatory.</TNOTE>
          <TNOTE>
            <SU>2</SU> CAT I 93-100, CAT II 65-92, CAT IIIA 50-64, CAT IIIB 31-49, CAT IVA 21-30, CAT IVB 16-20.</TNOTE>
          <TNOTE>
            <SU>3</SU> Applicants must meet the additional prerequisites for training in the selected military occupational specialty (MOS) as indicated by the option and REQUEST System.</TNOTE>
        </GPOTABLE>
        <P>(d) <E T="03">Education requirement.</E> (1) Applicants must meet the following educational requirements of the specific enlistment option.</P>
        <P>(i) Female applicants must be high school graduates.</P>
        <P>(ii) Male applicants, 17-22 years of age, must have successfully completed the 10th grade or equivalent. Males, 23 or older at time of entry on active duty, must have successfully completed the 11th grade or equivalent.</P>
        <P>(iii) Aliens or applicants completing high school requirements in foreign countries must take the GED or have obtained an evaluation in accordance with table 2-5, note 5d, AR 601-210 to be considered a high school graduate for enlistment purposes.</P>
        <P>(iv) Minimum education requirements, in a foreign country, given in paragraph (d)(1)(iii) of this section are the same in the United States.</P>
        <P>(2) Prior service applicant must either:</P>
        <P>(i) Possess a diploma or certificate of graduation from high school; or</P>
        <P>(ii) Present documentation of successful completion of high school level or higher GED equivalency.</P>
        <P>(e) <E T="03">Physical requirements.</E> (1) The applicant must:</P>
        <P>(i) Meet the enlistment physical fitness standards given in chapter 2, AR 40-501.</P>
        <P>(ii) Meet any additional requirement of the specific enlistment option.</P>
        <P>(iii) Request a waiver if the AFEES medical examining officer decides an exception to medical standards is appropriate.</P>

        <P>(2) Prior service applicants must meet the weight standards in appendix A, AR 600-9 and<PRTPAGE P="380"/>
        </P>
        <P>(i) The retention medical fitness standards in chapter 3, AR 40-501, if applicant enlists within 6 months of RA separation.</P>
        <P>(ii) The enlistment medical fitness standards in chapter 2, AR 40-501 (except the weight standards of paragraph 2-22, AR 40-501) if applicants enlist 6 months from the last RA separation date, or if applicants last separated from another service or component and meets the weight tables in appendix A, AR 600-9.</P>
        <P>(iii) The retention medical fitness standards in chapter 3, AR 40-501 if applicant is an active member of USAR/ARNG unit and meets the weight tables at appendix A, AR 600-9.</P>
        <P>(iv) Any additional requirements for the specific enlistment option.</P>
        <P>(f) <E T="03">Dependent criteria.</E> (1) The applicant may have only three dependents (see paragraphs (f)(1) and (iii) of this section).</P>
        <P>(i) An applicant without a spouse who has one or more dependents under 18 years of age is disqualified, except as noted in paragraphs (f)(1) (ii) and (iii) of this section. No waiver is authorized.</P>
        <P>(ii) An applicant may be enlisted when dependent children are in the custody of the other parent by court order, and the applicant is not required to provide child support. No waiver is required.</P>
        <P>(iii) An applicant, required to pay child support for no more than 2 dependents under 18 years of age when dependents are in the other parent's custody by court order, may enlist without waiver.</P>
        <P>(iv) In meritorious cases, an applicant with a spouse may request waiver of paragraph (f)(1) of this section.</P>
        <P>(v) Husband and wife teams who have one or more dependents under 18 years of age are disqualified. No waiver is authorized.</P>
        <P>(vi) An applicant with a spouse on active duty with any Service who has 1 or more dependents under 18 years of age is disqualified.</P>
        <P>(2) Prior service. Same as non-prior service for pay grades E-1 through E-3. If eligible for pay grade E-4 or higher, may enlist without regard to number and ages of dependents. However, the provisions of paragraphs (f) (i), (ii), (iii), (v), and (vi) of this part for applicants without prior service apply.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 571.3</SECTNO>
        <SUBJECT>Waivable enlistment criteria including civil offenses.</SUBJECT>
        <P>(a) <E T="03">Waivers of enlistment eligibility criteria—</E>(1) <E T="03">General</E>. This section gives the procedures for initiating and processing requests for waiver to meet the basic qualifications for enlistment.</P>
        <P>(2) <E T="03">All waiver authority.</E> The Commander, U.S. Army Enlistment Eligibility Activity (USAEEA) may act for the Commanding General, U.S. Army Military Personnel Center (MILPERCEN) to process, approve and disapprove waivers for enlistment.</P>
        <P>(3) <E T="03">Waiver disapproval authority.</E> The responsibility for deciding if a waiver request warrants favorable consideration rests at all levels.</P>
        <P>(4) <E T="03">Validity period.</E> Unless otherwise stated in the waiver document, waivers are valid for 6 months.</P>
        <P>(5) <E T="03">Waiver approval authorities—eligibility criteria.</E>
        </P>
        <GPOTABLE CDEF="s25,r72" COLS="2" OPTS="L2">
          <BOXHD>
            <CHED H="1">If disqualification is—</CHED>
            <CHED H="1">Then approval authority is—</CHED>
          </BOXHD>
          <ROW>
            <ENT I="11">(i) Medical:</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Non-prior service</ENT>
            <ENT>CG, USAREC</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Prior service</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="11">(ii) Underweight or overweight (+ or −5 lbs.):</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Non-prior service</ENT>
            <ENT>AFEES Senior Medical Officer</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Prior service.</ENT>
            <ENT>None. Prior service applicants enlisting in DEP or active Army must meet the AR 600-9 weight standards. No waivers are authorized.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(iii) Dependents</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="11">(iv) AWOL:</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Lost time 1-15 days</ENT>
            <ENT>CDR, District Recruiting Command (DRC)</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Lost time over 15 days</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(v) Previous discharge for dependency or hardship</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(vi) Last separated from any of the Armed Forces on the basis of being a sole surviving person and family member or applying for enlistment for the first time</ENT>
            <ENT>CG, USAREC</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="381"/>
            <ENT I="11">(vii) Previous conscientious objectors who are no longer conscientious objectors:</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Non-prior service</ENT>
            <ENT>CG, USAREC</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Prior service</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(viii) Received one or more convictions by military courts-martial during last period of active service or was discharged with disqualifications (e.g., unsuitability, conviction by civil court, resignation for good of Service, misconduct, fraudulent enlistment, or bar to reenlistment)</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="11">(ix) Desires to enlist as conscientious objector:</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Non-prior service</ENT>
            <ENT>CG, USAREC</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Prior service</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(x) Was denied reenlistment at time of last separation from active Service under Qualitative Screening Process unless ineligible for enlistment</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(xi) Discharged under the Trainee Discharge program or Expeditious Discharge program</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(xii) Primary Military Occupational Specialty (PMOS) Evaluation Score below 70</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(xiii) Persons whose DD Form 214 (Report of Separation from Active Duty) contains no PMOS evaluation score</ENT>
            <ENT>CG, MILPERCEN (Year Group Management)</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(xiv) Persons enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) at time of last separation from active duty</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
        </GPOTABLE>
        <P>(b) <E T="03">Civil offenses</E>—(1) <E T="03">Moral standards.</E> Moral standards for enlistment deal generally with the acceptability of persons with records of court convictions or adverse juvenile judgments. The standards screen out persons who may become serious disciplinary cases and who could bring harm to a military mission.</P>
        <P>(2) <E T="03">Waiver approval authorities—civil offenses.</E>
        </P>
        <GPOTABLE CDEF="s25,r72" COLS="2" OPTS="L2">
          <BOXHD>
            <CHED H="1">If the offense is—</CHED>
            <CHED H="1">Then approval authority is—</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">(i) Minor traffic offenses</ENT>
            <ENT>CDR, Recruiting Area</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(ii) Minor non-traffic offenses</ENT>
            <ENT>CDR, Recruiting Area</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(iii) Misdemeanors</ENT>
            <ENT>CDR, DRC</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(iv) Juvenile felonies</ENT>
            <ENT>CG, USAREC</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(v) Adult felonies</ENT>
            <ENT>CG, MILPERCEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">(vi) Civil restraint of unconditional suspended sentence or unconditional</ENT>
            <ENT>CDRs in lines (i) through (v) for the offenses involved</ENT>
          </ROW>
        </GPOTABLE>
        <P>(c) <E T="03">Rules governing processing of moral waivers.</E> (1) Individuals require a misdemeanor waiver if arrested, cited, charged, or held and allowed to plead guilty to a lesser offense or to plead guilty to criminal possession of stolen property (value $100 or less). An arrest or questioning with no preferral of charges does not require a waiver. When charges are dismissed without <PRTPAGE P="382"/>determination of guilt no waiver is required. A waiver is not authorized if a criminal or juvenile court charge is pending or if such a charge was dismissed or dropped at any stage of the court proceedings on condition that the offender enlist in a military service.</P>
        <P>(2) To ensure equal treatment of all persons applying for RA enlistment, notwithstanding the wide variance in State statutes, the following guidance is furnished:</P>
        <P>(i) <E T="03">Expunging of the record.</E> Some states have procedures for (subsequent) “expunging of the record,” dismissal of charges, or pardon (upon evidence of rehabilitation of the offender). Such action has the effect of extinguishing the “initial conviction” or “adverse juvenile adjudication.” Under the State law, the applicant then has no record of conviction or adverse juvenile decision. Despite the legal effect of this action, a waiver is required to authorize the RA enlistment of such an applicant. The record is also required to be revealed.</P>
        <P>(ii) <E T="03">Juvenile and youthful offenses.</E> To determine eligibility for RA enlistment, a juvenile or youthful offense is defined as one committed by the applicant under the age that the individual could enlist in the RA without parental consent. Offenses committed below the age of 18 are considered juvenile or youthful offenses regardless of disposition of civil authorities. For example, a juvenile felony is one committed by an applicant under 18, whether or not the result is a civil court conviction or adverse juvenile judgements. On the other hand, an adult felony is one committed by an applicant when 18 years old or older regardless of what type of court makes the decision.</P>
        <P>(iii) <E T="03">Civil court conviction.</E> This term means the decision of guilty by a court (or a jury) based either on the case's merits, or on the defendant's guilty plea or nolo contendere, regardless of—</P>
        <P>(A) Whether sentence was then imposed, withheld, or suspended, or</P>
        <P>(B) Subsequent proceedings deleted an initial decision of guilt from court records, based on evidence of rehabilitation or completion of a satisfactory probationary period. Examples of subsequent proceedings in adult offender cases include pardon; expungement; reopening of the case to change the original finding of guilty or nolo contendere, to not guilty, dismissing the charge, amnesty, and setting aside the conviction. These subsequent proceedings merely recognize rehabilitation, they do not alter the fact that the offender committed the criminal act.</P>
        <P>(iv) <E T="03">Adverse juvenile judgements.</E> This term—</P>
        <P>(A) Means that a judge or a jury in a juvenile court proceedings determined that the juvenile was guilty of or committed the alleged acts, that the decision was based either on the complaint's merits or on the juvenile's admission of guilt or plea of guilty; and that the decision was recorded in the court records.</P>
        <P>(B) Applies, whether or not sentence was then imposed, withheld, or suspended; and regardless of subsequent proceedings to delete an initial determination of guilt from court records, based on rehabilitation or satisfactory probation or supervision. Examples of subsequent proceedings in juvenile courts include expungement; record sealing; reopening the case to change the original findings of guilty or delinquency, or the plea of guilty or admission of the truth of the allegation, to not guilty; and dismissal of the original petition and setting aside the decision of delinquency. These subsequent proceedings merely recognize rehabilitation. They do not alter the fact that the juvenile committed the act for which he or she was judged.</P>
        <P>(C) Includes judgement as a juvenile delinquent, wayward minor, youthful offender, delinquent child or juvenile offender, and declaration of the juvenile as a ward of the court. The term does not include the judgement of the juvenile as dependent, neglected, or abandoned.</P>
        <P>(v) <E T="03">Unconditional suspended sentence and supervised unconditional probation.</E> These terms mean a suspended sentence or probationary status imposed by a court that places no condition upon the individual—</P>
        <P>(A) Concerning individual's freedom of movement.</P>

        <P>(B) Requiring the payment of damages. (If paid, this requirement is no bar to waiver consideration.)<PRTPAGE P="383"/>
        </P>
        <P>(C) Requiring periodic reporting to an officer of the court (including a probation officer).</P>
        <P>(D) Involving supervision by an officer of the court (including a probation officer). For example, a sentence suspended on sole condition that the offender must not commit a like offense in the next 12 months does not bar waiver consideration.</P>
        <P>(vi) <E T="03">For prior service personnel.</E> Although the applicant must reveal all offenses committed, only those require a waiver that are committed during and/or subsequent to the last period of honorable service, and/or those not previously revealed. For Reserve Component personnel of any Service, waivers are required for all offenses shown that require a waiver, whether or not a waiver was authorized for entry into the Reserve Component. Waivers granted to enter the Reserve Components are not valid for Regular Army enlistment.</P>
        <P>(d) <E T="03">Waiting period.</E> The waiting period following release from civil restraint gives the individual an opportunity to demonstrate a satisfactory adjustment and the Army a basis to judge the applicant's rehabilitation before enlistment.</P>
        <P>(e) <E T="03">Required investigations.</E> If the applicant does or does not admit a record (to include arrests, charges, juvenile court judgments, and convictions), and the enlisting agency has reason to believe a record exists, enlistment action will be held in abeyance pending an investigation.</P>
        <P>(f) <E T="03">Civil restraint.</E> (1) If all civil restraint is ended and there is substantial evidence of rehabilitation as a law-abiding member of a civil community, the applicant may be processed for enlistment.</P>
        <P>(2) Recruiting personnel will not help directly or indirectly in the release of an individual from a pending charge so that he or she may enlist in the Army as an alternative to further prosecution or further juvenile court proceedings. Equally important, recruiting personnel will in no way contribute, either tacitly or expressly, to the false notion that the Army condones such a practice. Persons subject to a pending charge are not eligible for enlistment. Therefore, they are not eligible for preenlistment processing to determine their mental and medical eligibility.</P>
        <P>(g) <E T="03">Restrictions on help.</E> Recruitment personnel will not help in any way to secure the release of individuals from any type of civil restraint so that these individuals may enlist or start reenlistment processing. The term “civil restraint” includes confinement, probation, parole, and suspended sentence. Persons under civil restraint that makes them ineligible for enlistment are not eligible for preenlistment processing to determine their mental and medical eligibility for enlistment.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 571.4</SECTNO>
        <SUBJECT>Periods of enlistment.</SUBJECT>
        <P>Enlistments are authorized for periods of 2, 3, 4, 5, or 6 years. The enlistee's option determines the number of years.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 571.5</SECTNO>
        <SUBJECT>Enlistment options.</SUBJECT>
        <P>Personnel who enlist in the Regular Army for 2 or more years are authorized certain initial assignment choices. They must meet the criteria given in AR 601-210. Also, a valid Army requirement must exist for the skill under which enlisted.</P>
      </SECTION>
    </PART>
    <PART>
      <EAR>Pt. 575</EAR>
      <HD SOURCE="HED">PART 575—ADMISSION TO THE UNITED STATES MILITARY ACADEMY</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>575.1</SECTNO>
        <SUBJECT>Military Academy.</SUBJECT>
        <SECTNO>575.2</SECTNO>
        <SUBJECT>Admission; general.</SUBJECT>
        <SECTNO>575.3</SECTNO>
        <SUBJECT>Appointments; sources of nominations.</SUBJECT>
        <SECTNO>575.4</SECTNO>
        <SUBJECT>[Reserved]</SUBJECT>
        <SECTNO>575.5</SECTNO>
        <SUBJECT>Entrance requirements.</SUBJECT>
        <SECTNO>575.6</SECTNO>
        <SUBJECT>Catalogue, United States Military Academy.</SUBJECT>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>Secs. 3012, 4331, 70A Stat. 157, 238; 10 U.S.C. 3012, 4331-4355.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>44 FR 11781, Mar. 2, 1979, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 575.1</SECTNO>
        <SUBJECT>Military Academy.</SUBJECT>
        <P>(a) <E T="03">Organization and administration.</E> (1) The United States Military Academy is under the general direction and supervision of the Department of the Army. The Secretary of the Army has designated the Chief of Staff of the Army as the officer in direct charge of all matters pertaining to West Point.<PRTPAGE P="384"/>
        </P>
        <P>(2) The immediate government and military command of the Academy and the military post at West Point are vested in the Superintendent. In the absence of the Superintendent, the Deputy Superintendent, if present for duty, shall have such government and command. The Dean of the Academic Board has charge of the faculty and all academic work, and acts as representative of the academic departments and as adviser on academic matters to the Superintendent. The Commandant of Cadets is in charge of the administration and training of the Corps of Cadets and is also head of the Department of Tactics.</P>
        <P>(b) <E T="03">Mission.</E> The mission of the United States Military Academy is to educate, train, and motivate the Corps of Cadets so that each graduate shall have the character, leadership, and other attributes essential to progressive and continuing development throughout a career of exemplary service to the Nation as an officer of the Regular Army.</P>
        <P>(c) <E T="03">Courses of instruction.</E> Courses include academic education and military training. In accomplishing its mission, the Military Academy strives to develop in each cadet the following traits:</P>
        <P>(1) The knowledge, skill, intellectual curiosity, discipline, and motivation provided by a sound education in the arts and sciences requisite for continued professional and intellectual growth.</P>
        <P>(2) A highly developed sense of personal honor and professional ethics.</P>
        <P>(3) Professional and personal commitment to the responsibilities of an officer for soldiers.</P>
        <P>(4) Selflessness.</P>
        <P>(5) The willing acceptance of responsibility for personal actions and the actions of subordinates.</P>
        <P>(6) The initiative and good judgment to take appropriate action in the absence of instructions or supervision.</P>
        <P>(7) Physical and moral courage.</P>
        <P>(8) The physical strength, endurance, and conditioning habits required of a soldier.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 575.2</SECTNO>
        <SUBJECT>Admission; general.</SUBJECT>
        <P>(a) In one major respect, the requirements for admission to the United States Military Academy differ from the normal requirements for admission to a civilian college or university; each candidate must obtain an official nomination to the Academy. The young person interested in going to West Point should, therefore, apply for a nomination from one of the persons authorized to make nominations listed in § 575.4. In the application, each prospective candidate should request a nomination to the United States Military Academy, and give residence, reasons for wanting to enter the Academy, and status of education and training.</P>
        <P>(b) A candidate's mental qualifications for admission are determined by performance on one of the regularly administered College Entrance Examination Board series of tests. The Military Academy will consider scores made on the tests which are offered in December, January, March, and May at more than 700 College Board Test Centers throughout the United States and abroad. In general, a center will be within 75 miles of the candidate's home. Candidates register for the prescribed tests in accordance with the regularly published instructions of the College Board and pay the required fee directly to the College Board.</P>
        <P>(c) The candidate's physical qualifications are determined by a thorough medical examination and physical aptitude test. To qualify, a candidate must be in good health, have good vision and hearing, have no deformities, and have the physical strength, endurance, coordination, and agility of active persons in their late teens. The medical examination and physical aptitude tests are held at selected military installations throughout the country (and overseas) on the Thursday and Friday preceding the regularly scheduled March administration of the College Board tests.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 575.3</SECTNO>
        <SUBJECT>Appointments; sources of nominations.</SUBJECT>

        <P>Admission to the Military Academy is gained by appointment to one of the cadetships authorized by law. Graduation of the senior class normally leaves about 915 vacancies each year. Candidates are nominated to qualify for these vacancies the year prior to admission. Those nominees appointed enter the Academy the following July <PRTPAGE P="385"/>and upon graduation are obligated to serve in the Army for a period of not less than 5 years. There are two major categories of nomination (Congressional/Gubernatorial and Service-Connected) and two minor categories (Filipino and Foreign Cadets). Cadetships authorized at the Military Academy are allocated among various sources of nominations from the major categories as follows:</P>
        <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2">
          <BOXHD>
            <CHED H="1">Congressional/Gubernatorial</CHED>
            <CHED H="1">Cadets at the Academy at any one time</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Vice President</ENT>
            <ENT>5</ENT>
          </ROW>
          <ROW>
            <ENT I="01">100 Senators (5 each)</ENT>
            <ENT>500</ENT>
          </ROW>
          <ROW>
            <ENT I="01">435 Representatives (5 each)</ENT>
            <ENT>2,175</ENT>
          </ROW>
          <ROW>
            <ENT I="11">Delegates in Congress from:</ENT>
          </ROW>
          <ROW>
            <ENT I="02">District of Columbia</ENT>
            <ENT>5</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Virgin Islands</ENT>
            <ENT>1</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Guam</ENT>
            <ENT>1</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Governor/Residential Commissioner of Puerto Rico</ENT>
            <ENT>6</ENT>
          </ROW>
          <ROW>
            <ENT I="11">Governors of:</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Canal Zone</ENT>
            <ENT>1</ENT>
          </ROW>
          <ROW>
            <ENT I="02">American Samoa</ENT>
            <ENT>1</ENT>
          </ROW>
        </GPOTABLE>
        <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2">
          <BOXHD>
            <CHED H="1">Service-Connected</CHED>
            <CHED H="1">Annually Allocated Cadetships</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Presidential</ENT>
            <ENT>100</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Enlisted Members of the Regular Army</ENT>
            <ENT>85</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Enlisted Members of the Army Reserve/National Guard</ENT>
            <ENT>85</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Sons and Daughters of Deceased and Disabled Veterans (approximately)</ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Honor Military, Naval Schools and ROTC</ENT>
            <ENT>20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Sons and Daughters of persons Awarded the Medal of Honor</ENT>
            <ENT>Unlimited</ENT>
          </ROW>
        </GPOTABLE>
        <P>(a) <E T="03">Congressional / Gubernatorial Nomination.</E> (1) Up to 10 nominations may be submitted for each vacancy. Nominating authorities may use one of three methods of nomination:</P>
        <P>(i) Name 10 nominees on a totally competitive basis,</P>
        <P>(ii) Name a principal nominee, with nine competing alternates, or</P>
        <P>(iii) Name a principal nominee, with nine alternates in order of preference.</P>
        <P>(2) The priority that a fully qualified candidate may receive when considered for appointment is actually governed by the method of nomination used. For example, a principal nominee who is found minimally qualified must be offered an appointment. Conversely, the same individual nominated on a totally competitive basis, may be ranked as one of the least qualified nominees for that vacancy and, consequently, may not be offered an appointment. Many nominating authorities hold preliminary competitive nomination examinations to select their nominees. Those selected are required to be actual residents of the geographic location represented by the nominating authority.</P>
        <P>(b) <E T="03">Service-connected nominations.</E> There is no restriction on the residence of nominees who compete for an appointment under these quotas. All applications for a service-connected nomination must be submitted to the Superintendent, United States Military Academy, West Point, NY 10996, not later than 15 December for the class entering the following July. A description of the Service-Connected nomination categories follows:</P>
        <P>(1) Presidential: Children of career military personnel in the Armed Forces who are on active duty, retired, or deceased, are nominated through this category. The term “career” includes members of the Reserve Components currently serving 8 or more years of continuous active duty and Reserve retirees receiving either retired or retainer pay. Children of reservists retired while not on active duty are ineligible. Applications should include the name, grade, social security number/service number, and branch of service of the parent as a member of such regular component, and the full name, address, and date of birth of the applicant (complete military address and social security number, if in the Armed Forces). Adopted children are eligible for appointment if they were adopted prior to their 15th birthday; a copy of the order of court decreeing adoption, duly certified by the clerk of the court, must accompany the application.</P>

        <P>(2) Children of Deceased and Disabled Veterans: This category is for children of deceased or 100 percent disabled Armed Forces veterans whose deaths or disabilities were determined to be service-connected, and for children of military personnel or federally employed civilians who are in a missing or captured status. Candidates holding a nomination under this category are not eligible for nomination under the Presidential or Medal of Honor category. The Veterans Administration determines the eligibility of all applicants. The application should include the full name, date of birth, and address of the <PRTPAGE P="386"/>applicant (complete service address should be given if the applicant is in the Armed Forces), and the name, grade, social security number/service number, and last organization of the veteran parent, together with a brief statement concerning the time, place, and cause of death. The claim number assigned to the veteran parent's case by the Veterans Administration should also be furnished.</P>
        <P>(3) Children of Persons Awarded the Medal of Honor: Applications from children of persons awarded the Medal of Honor should contain the applicant's full name, address, and date of birth (complete service address should be given if the applicant is in the Armed Forces); the name, grade, and branch of service of the parent; and a brief statement of the date and circumstances of the award. Candidates appointed from this source may qualify in the same manner as a congressional principal candidate. All who are found fully qualified will be admitted as cadets, regardless of the number.</P>
        <P>(4) Honor Military Schools: Certain Honor Military Schools designated by Department of the Army, Department of the Navy, and Department of the Air Force are invited to recommend three candidates for nomination annually from among their honor graduates. Appointments are filled by selecting the best qualified candidates regardless of the school from which nominated. Application should be made through the school Senior Army Instructor.</P>
        <P>(5) Army ROTC: This category is for members of college and high school Army Reserve Officers' Training Corps units. Application should be made through the Professor of Military Science or Senior Army Instructor at the school.</P>
        <P>(6) Regular Army: This category is for enlisted members of the active Army. Appointments may be awarded to 85 Regular Army candidates. Application for admission, through command channels to the United States Military Academy Preparatory School (USMAPS) constitutes application for nomination under this category.</P>
        <P>(7) Reserve Components: This category is for enlisted members of the Army Reserve and Army National Guard. Application for admission should be made through command channels to USMAPS. Enlisted members who are not on active duty should apply to the Commandant, United States Military Preparatory School, Fort Monmouth, New Jersey 07703.</P>
        <P>(c) <E T="03">Filipino cadets.</E> The Secretary of the Army may permit each entering class one Filipino, designated by the President of the Republic of the Philippines, to receive instruction at the United States Military Academy.</P>
        <P>(d) <E T="03">Foreign cadets.</E> The law permits 20 persons at a time from the Latin-American Republics and Canada to receive instruction at the United States Military Academy. A maximum of three persons from any one country may be cadets at the same time. Such persons receive the same pay and allowances (including mileage from their homes in proceeding to the Military Academy for initial admission) as cadets appointed from the United States. However, they are not entitled to appointment in the United States Armed Forces upon graduation. Citizens of other foreign countries have been permitted from time to time to attend the Military Academy upon specific authorization of the United States Congress in each case. Applications must be submitted to the United States Government through diplomatic channels by the governments concerned. Requirements for the admission, advancement, and graduation of foreign cadets are similar to those for United States Cadets.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 575.4</SECTNO>
        <RESERVED>[Reserved]</RESERVED>
      </SECTION>
      <SECTION>
        <SECTNO>§ 575.5</SECTNO>
        <SUBJECT>Entrance requirements.</SUBJECT>
        <P>This section describes the specific requirements which candidates must fulfill in addition to obtaining an appointment as outlined in § 575.3.</P>
        <P>(a) <E T="03">Age.</E> On 1 July of the year admitted to the Military Academy a candidate must be at least 17 years of age and must not have passed his/her 22d birthday. The age requirements for all candidates are statutory and cannot be waived.</P>
        <P>(b) <E T="03">Citizenship.</E> A candidate must be a citizen of the United States, except those appointed specifically as foreign cadets.<PRTPAGE P="387"/>
        </P>
        <P>(c) <E T="03">Character.</E> Every candidate must be of good moral character.</P>
        <P>(d) <E T="03">Marital Status.</E> A candidate must be unmarried and not be pregnant or have a legal obligation to support a child or children.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 575.6</SECTNO>
        <SUBJECT>Catalogue, United States Military Academy.</SUBJECT>
        <P>The latest edition of the catalogue, United States Military Academy, contains additional information regarding the Academy and requirements for admission. This publication may be obtained free of charge from the Registrar, United States Military Academy, West Point, NY 10996, or from the United States Army Military Personnel Center, HQDA (DAPC-OPP-PM), 200 Stovall Street, Alexandria, VA 22332.</P>
      </SECTION>
    </PART>
    <PART>
      <EAR>Pt. 578</EAR>
      <HD SOURCE="HED">PART 578—DECORATIONS, MEDALS, RIBBONS, AND SIMILAR DEVICES</HD>
      <CONTENTS>
        <SUBJGRP>
          <HD SOURCE="HED">Decorations for Individuals</HD>
          <SECHD>Sec.</SECHD>
          <SECTNO>578.1</SECTNO>
          <SUBJECT>Purpose.</SUBJECT>
          <SECTNO>578.2</SECTNO>
          <SUBJECT>Definitions.</SUBJECT>
          <SECTNO>578.3</SECTNO>
          <SUBJECT>General provisions governing the awards of decorations.</SUBJECT>
          <SECTNO>578.4</SECTNO>
          <SUBJECT>Medal of Honor.</SUBJECT>
          <SECTNO>578.5</SECTNO>
          <SUBJECT>Distinguished Service Cross.</SUBJECT>
          <SECTNO>578.6</SECTNO>
          <SUBJECT>Distinguished Service Medal.</SUBJECT>
          <SECTNO>578.7</SECTNO>
          <SUBJECT>Silver Star.</SUBJECT>
          <SECTNO>578.8</SECTNO>
          <SUBJECT>Legion of Merit.</SUBJECT>
          <SECTNO>578.9</SECTNO>
          <SUBJECT>Distinguished Flying Cross.</SUBJECT>
          <SECTNO>578.10</SECTNO>
          <SUBJECT>Soldier's Medal.</SUBJECT>
          <SECTNO>578.11</SECTNO>
          <SUBJECT>Bronze Star Medal.</SUBJECT>
          <SECTNO>578.12</SECTNO>
          <SUBJECT>Air Medal.</SUBJECT>
          <SECTNO>578.12a</SECTNO>
          <SUBJECT>Joint Service Commendation Medal.</SUBJECT>
          <SECTNO>578.13</SECTNO>
          <SUBJECT>Army Commendation Medal.</SUBJECT>
          <SECTNO>578.14</SECTNO>
          <SUBJECT>Purple Heart.</SUBJECT>
          <SECTNO>578.15</SECTNO>
          <SUBJECT>Medal for Merit.</SUBJECT>
          <SECTNO>578.16</SECTNO>
          <SUBJECT>National Security Medal.</SUBJECT>
          <SECTNO>578.17</SECTNO>
          <SUBJECT>Presidential Medal of Freedom.</SUBJECT>
          <SECTNO>578.17a</SECTNO>
          <SUBJECT>Distinguished Civilian Service Medal.</SUBJECT>
          <SECTNO>578.17b</SECTNO>
          <SUBJECT>Outstanding Civilian Service Medal.</SUBJECT>
          <SECTNO>578.18</SECTNO>
          <SUBJECT>Appurtenances to military decorations.</SUBJECT>
          <SECTNO>578.19</SECTNO>
          <SUBJECT>Foreign individual awards.</SUBJECT>
          <SECTNO>578.20</SECTNO>
          <SUBJECT>Supply of medals and appurtenances.</SUBJECT>
          <SECTNO>578.21</SECTNO>
          <SUBJECT>Original issue or replacement.</SUBJECT>
          <SECTNO>578.22</SECTNO>
          <SUBJECT>Exhibition.</SUBJECT>
          <SECTNO>578.23</SECTNO>
          <SUBJECT>Certificates for decorations: Issuance for prior awards.</SUBJECT>
          <SECTNO>578.24</SECTNO>
          <SUBJECT>Certificate of appreciation.</SUBJECT>
          <SECTNO>578.25</SECTNO>
          <SUBJECT>Accolade and Gold Star lapel button.</SUBJECT>
          <SECTNO>578.25a</SECTNO>
          <SUBJECT>Certificate of Honorable Service and Record Service (Deceased Military Personnel).</SUBJECT>
          <SECTNO>578.25b</SECTNO>
          <SUBJECT>Certificate of Achievement.</SUBJECT>
          <SECTNO>578.25c</SECTNO>
          <SUBJECT>Special Certificate of Achievement for Public and Community Relations.</SUBJECT>
        </SUBJGRP>
        <SUBJGRP>
          <HD SOURCE="HED">Service Medals</HD>
          <SECTNO>578.26</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <SECTNO>578.27</SECTNO>
          <SUBJECT>Good Conduct Medal.</SUBJECT>
          <SECTNO>578.28</SECTNO>
          <SUBJECT>Civil War Campaign Medal.</SUBJECT>
          <SECTNO>578.29</SECTNO>
          <SUBJECT>Indian Campaign Medal.</SUBJECT>
          <SECTNO>578.30</SECTNO>
          <SUBJECT>Spanish Campaign Medal.</SUBJECT>
          <SECTNO>578.31</SECTNO>
          <SUBJECT>Spanish War Service Medal.</SUBJECT>
          <SECTNO>578.32</SECTNO>
          <SUBJECT>Army of Cuban Occupation Medal.</SUBJECT>
          <SECTNO>578.33</SECTNO>
          <SUBJECT>Army of Puerto Rican Occupation Medal.</SUBJECT>
          <SECTNO>578.34</SECTNO>
          <SUBJECT>Philippine Campaign Medal.</SUBJECT>
          <SECTNO>578.35</SECTNO>
          <SUBJECT>Philippine Congressional Medal.</SUBJECT>
          <SECTNO>578.36</SECTNO>
          <SUBJECT>China Campaign Medal.</SUBJECT>
          <SECTNO>578.37</SECTNO>
          <SUBJECT>Army of Cuban Pacification Medal.</SUBJECT>
          <SECTNO>578.38</SECTNO>
          <SUBJECT>Mexican Service Medal.</SUBJECT>
          <SECTNO>578.39</SECTNO>
          <SUBJECT>Mexican Border Service Medal.</SUBJECT>
          <SECTNO>578.40</SECTNO>
          <SUBJECT>World War I Victory Medal.</SUBJECT>
          <SECTNO>578.41</SECTNO>
          <SUBJECT>Army of Occupation of Germany Medal.</SUBJECT>
          <SECTNO>578.42</SECTNO>
          <SUBJECT>American Defense Service Medal.</SUBJECT>
          <SECTNO>578.43</SECTNO>
          <SUBJECT>Women's Army Corps Service Medal.</SUBJECT>
          <SECTNO>578.44</SECTNO>
          <SUBJECT>American Campaign Medal.</SUBJECT>
          <SECTNO>578.45</SECTNO>
          <SUBJECT>Asiatic-Pacific Campaign Medal.</SUBJECT>
          <SECTNO>578.46</SECTNO>
          <SUBJECT>European-African-Middle Eastern Campaign Medal.</SUBJECT>
          <SECTNO>578.47</SECTNO>
          <SUBJECT>World War II Victory Medal.</SUBJECT>
          <SECTNO>578.48</SECTNO>
          <SUBJECT>Army of Occupation Medal.</SUBJECT>
          <SECTNO>578.48a</SECTNO>
          <SUBJECT>Medal for Humane Action.</SUBJECT>
          <SECTNO>578.48b</SECTNO>
          <SUBJECT>Korean Service Medal.</SUBJECT>
          <SECTNO>578.48c</SECTNO>
          <SUBJECT>Armed Forces Reserve Medal.</SUBJECT>
          <SECTNO>578.48d</SECTNO>
          <SUBJECT>United Nations Service Medal.</SUBJECT>
          <SECTNO>578.48e</SECTNO>
          <SUBJECT>National Defense Service Medal.</SUBJECT>
          <SECTNO>578.48f</SECTNO>
          <SUBJECT>Antarctica Service Medal.</SUBJECT>
          <SECTNO>578.48g</SECTNO>
          <SUBJECT>Armed Forces Expeditionary Medal.</SUBJECT>
          <SECTNO>578.49</SECTNO>
          <SUBJECT>Service ribbons.</SUBJECT>
          <SECTNO>578.49a</SECTNO>
          <SUBJECT>Philippine service ribbons.</SUBJECT>
          <SECTNO>578.49b</SECTNO>
          <SUBJECT>United Nations Medal.</SUBJECT>
          <SECTNO>578.52</SECTNO>
          <SUBJECT>Miniature service medals and appurtenances.</SUBJECT>
          <SECTNO>578.53</SECTNO>
          <SUBJECT>Miniature service ribbons.</SUBJECT>
          <SECTNO>578.54</SECTNO>
          <SUBJECT>Lapel buttons.</SUBJECT>
          <SECTNO>578.56</SECTNO>
          <SUBJECT>Manufacture, sale, and illegal possession.</SUBJECT>
        </SUBJGRP>
        <SUBJGRP>
          <HD SOURCE="HED">Badges</HD>
          <SECTNO>578.60</SECTNO>
          <SUBJECT>Badges and tabs; general.</SUBJECT>
          <SECTNO>578.61</SECTNO>
          <SUBJECT>Combat and special skill badges and tabs.</SUBJECT>
          <SECTNO>578.62</SECTNO>
          <SUBJECT>Qualification badges and tabs.</SUBJECT>
        </SUBJGRP>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>21 FR 7672, Oct. 6, 1956, unless otherwise noted.</P>
      </SOURCE>
      <SUBJGRP>
        <HD SOURCE="HED">Decorations for Individuals</HD>
        <SECTION>
          <SECTNO>§ 578.1</SECTNO>
          <SUBJECT>Purpose.</SUBJECT>

          <P>The primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor <PRTPAGE P="388"/>and for exceptional service or achievement. Medals constitute one of the principal forms for such evidence; in the United States Army, medals are of the following categories:</P>
          <P>(a) Military decorations are awarded on a restricted individual basis in recognition of and as a reward for heroic, extraordinary, outstanding, and meritorious acts, achievements, and services; and such visible evidence of recognition is cherished by recipients. Decorations are primarily intended to recognize acts, achievements, and services in time of war.</P>
          <P>(b) The Good Conduct Medal is awarded in recognition of exemplary behavior, efficiency, and fidelity during enlisted status in active Federal military service.</P>
          <P>(c) Service medals are awarded generally in recognition of honorable performance of duty during designated campaigns or conflicts. Award of decorations, and to a lesser degree, award of the Good Conduct Medal and of service medals, provide a potent incentive to greater effort, and are instrumental in building and maintaining morale.</P>
          <CITA>[26 FR 6434, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.2</SECTNO>
          <SUBJECT>Definitions.</SUBJECT>
          <P>The following definitions are furnished for clarity and uniformity in the determination and award of decorations:</P>
          <P>(a) <E T="03">Above and beyond the call of duty.</E> Exercise of a voluntary course of action, the omission of which would not justly subject the individual to censure for failure in the performance of duty. It usually includes the acceptance of existing danger or extraordinary responsibilities with praiseworthy fortitude and exemplary courage. In its highest degrees it involves the voluntary acceptance of additional danger and risk of life.</P>
          <P>(b) <E T="03">Combat heroism.</E> Act or acts of heroism by an individual engaged in:</P>
          <P>(1) Actual conflict with an armed enemy, or</P>
          <P>(2) Military operations which involve exposure to personal hazards, due to direct enemy action or the imminence of such action.</P>
          <P>(c) <E T="03">Combat zone.</E> The region where fighting is going on; the forward area of the theater of operations where combat troops are actively engaged. It extends from the front line to the front of the communications zone.</P>
          <P>(d) <E T="03">Duty of great responsibility.</E> Duty which, by virtue of the position held, carries the ultimate responsibility for the successful operation of a major command, activity, agency, installation, or project. The discharge of such duty must involve the acceptance and fulfillment of the obligation so as to greatly benefit the interests of the United States.</P>
          <P>(e) <E T="03">Duty of responsibility.</E> Duty, which by virtue of the positions held, carries a high degree of the responsibility for the successful operation of a major command, activity, agency, installation, or project, or which requires the exercise of judgment and decision affecting plans, policies, operations, or the lives and well being of others.</P>
          <P>(f) <E T="03">Heroism.</E> Specific acts of bravery or outstanding courage, or a closely related series of heroic acts performed within an exceptionally short period of time.</P>
          <P>(g) <E T="03">In connection with military operations against an armed enemy.</E> This phrase covers all military operations including combat, support, and supply which have a direct bearing on the outcome of an engagement or engagements against armed opposition. To perform duty or to accomplish an act of achievement in connection with military operations against an armed enemy, the individual must have been subjected either to personal hazard as a result of direct enemy action (or the imminence of such action) or must have had the conditions under which his duty or accomplishment took place complicated by enemy action or the imminence of enemy action.</P>
          <P>(h) <E T="03">Key individual.</E> A person who is occupying a position that is indispensable to an organization, activity, or project.</P>
          <P>(i) <E T="03">Meritorious achievement.</E> A praiseworthy accomplishment, with easily discernible beginning and end, carried through to completion. The length of time involved is not a consideration but speed of accomplishment may be a factor in determining the worth of the enterprise.</P>
          <P>(j) <E T="03">Meritorious service.</E> Praiseworthy execution of duties over a period of <PRTPAGE P="389"/>time. Service differs from achievement in that service concerns a period of time while achievement concerns an enterprise having a definite beginning and end but not necessarily connected with a specific period of time.</P>
          <P>(k) <E T="03">Peacetime criteria.</E> The criteria applied:</P>
          <P>(1) In a period when the United States is not engaged in the prosecution of a formal declared war, or</P>
          <P>(2) Outside a combat zone when the United States is engaged in military operations against an armed enemy, but is not prosecuting a formal declared war, except that in the communications zone, those individuals whose duties are in connection with military operations against an armed enemy may be considered under war criteria.</P>
          <P>(l) <E T="03">Shall have distinguished himself or herself by.</E> The person thus described must have, by praiseworthy accomplishment, set himself apart from his comrades or from other persons in the same or similar circumstances. Determination of this distinction requires careful consideration of exactly what is or was expected as the ordinary, routine, or customary behavior and accomplishment for individuals of like rank and experience for the circumstances involved.</P>
          <P>(m) <E T="03">Wartime criteria.</E> The criteria to be applied under the following conditions:</P>
          <P>(1) During a period of formal, declared war and for 1 year after the cessation of hostilities, or</P>
          <P>(2) During a period of military operations against an armed enemy and for 1 year after the cessation of hostilities. Only those individuals actually in the combat zone or those individuals in the communications zone whose duties involve direct control or support of combat operations, are to be considered under wartime criteria.</P>
          <P>(n) <E T="03">Active Federal military service.</E> The term “active Federal military service” means all periods of active duty and, except for service creditable for the Armed Forces Reserve Medal, excludes periods of active duty for training. Service as a cadet at the United States Military Academy is considered to be active duty.</P>
          <P>(o) <E T="03">He, his, him.</E> Include the terms “she” and “her,” as appropriate.</P>
          <P>(p) <E T="03">Medal.</E> A term used in either of two ways:</P>
          <P>(1) To include the three categories of awards, namely: decorations, Good Conduct Medal, and service medals; or</P>
          <P>(2) To refer to the distinctive physical device of metal and ribbon which constitutes the tangible evidence of an award.</P>
          <P>(q) <E T="03">Officer.</E> Except where expressly indicated otherwise, the word “officer” means “commissioned or warrant officer.”</P>
          <CITA>[21 FR 7672, Oct. 6, 1956, as amended at 26 FR 6434, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.3</SECTNO>
          <SUBJECT>General provisions governing the awards of decorations.</SUBJECT>
          <P>(a) <E T="03">To whom awarded.</E> See figure 1.<PRTPAGE P="390"/>
          </P>
          <GPOTABLE CDEF="s75,9,9,9,9,9,r36,r36,r36,r36" COLS="10" OPTS="L2">
            <TTITLE>Figure 1—Army Personal Decorations</TTITLE>
            <BOXHD>
              <CHED H="1">Decorations (Listed in order of precedence)</CHED>
              <CHED H="1">Awarded for—</CHED>
              <CHED H="2">Heroism</CHED>
              <CHED H="3">Combat</CHED>
              <CHED H="3">Non-Combat</CHED>
              <CHED H="2"/>
              <CHED H="3">Achievement or service</CHED>
              <CHED H="1">Awarded by—</CHED>
              <CHED H="2">Under war criteria <SU>a</SU>
              </CHED>
              <CHED H="2">Under peace criteria <SU>a</SU>
              </CHED>
              <CHED H="1">Awarded to—</CHED>
              <CHED H="2">Military</CHED>
              <CHED H="3">U.S.</CHED>
              <CHED H="3">Foreign</CHED>
              <CHED H="2">Civilian</CHED>
              <CHED H="3">U.S.</CHED>
              <CHED H="3">Foreign</CHED>
            </BOXHD>
            <ROW EXPSTB="09" RUL="s">
              <ENT I="21">
                <E T="04">military</E>
              </ENT>
            </ROW>
            <ROW EXPSTB="00">
              <ENT I="01">Medal of Honor (Est. 1862)</ENT>
              <ENT>X</ENT>
              <ENT/>
              <ENT/>
              <ENT>(<SU>1</SU> )</ENT>
              <ENT/>
              <ENT>War <E T="21">b</E>
              </ENT>
              <ENT/>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="01">Distinguished Service Cross (Est. 1918)</ENT>
              <ENT>X</ENT>
              <ENT/>
              <ENT/>
              <ENT>(<SU>3</SU> )</ENT>
              <ENT/>
              <ENT>War</ENT>
              <ENT>War</ENT>
              <ENT>War <E T="21">c</E>
              </ENT>
              <ENT>War.<E T="21">c</E>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Distinguished Service Medal (Est. 1918)</ENT>
              <ENT/>
              <ENT/>
              <ENT>X</ENT>
              <ENT>(<SU>2</SU> )</ENT>
              <ENT>(<SU>2</SU> )</ENT>
              <ENT>War,</ENT>
              <ENT>War <SU>1</SU>
              </ENT>
              <ENT>War <SU>c 1</SU>
              </ENT>
              <ENT>War.<SU>c 1</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="22"/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>Peace</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Silver Star (Est. 1918)</ENT>
              <ENT>X</ENT>
              <ENT/>
              <ENT/>
              <ENT>(<SU>3</SU> )</ENT>
              <ENT/>
              <ENT>War</ENT>
              <ENT>War</ENT>
              <ENT>War <SU>c</SU>
              </ENT>
              <ENT>War.<SU>c</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Legion of Merit (Est. 1942)</ENT>
              <ENT/>
              <ENT/>
              <ENT>X</ENT>
              <ENT>(<SU>4</SU> )</ENT>
              <ENT>(<SU>2</SU> )</ENT>
              <ENT>War,</ENT>
              <ENT>War,</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="22"/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>Peace <SU>d</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Distinguished Flying Cross (Est. 1926)</ENT>
              <ENT>X <SU>e</SU>
              </ENT>
              <ENT>X <SU>e</SU>
              </ENT>
              <ENT>X <SU>e</SU>
              </ENT>
              <ENT>(<SU>3</SU> )</ENT>
              <ENT>(<SU>2</SU> )</ENT>
              <ENT>War,</ENT>
              <ENT>War</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="22"/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>Peace</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Soldier's Medal (Est. 1926)</ENT>
              <ENT/>
              <ENT>X</ENT>
              <ENT/>
              <ENT>(<SU>3</SU> )</ENT>
              <ENT>(<SU>2</SU> )</ENT>
              <ENT>War,</ENT>
              <ENT>War</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="22"/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>Peace</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Bronze Star Medal (Est. 1944)</ENT>
              <ENT>X <SU>f</SU>
              </ENT>
              <ENT/>
              <ENT>X</ENT>
              <ENT>(<SU>3</SU> )</ENT>
              <ENT/>
              <ENT>War</ENT>
              <ENT>War</ENT>
              <ENT>War</ENT>
              <ENT>War.<SU>c</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Air Medal (Est. 1942)</ENT>
              <ENT>X <SU>e</SU>
              </ENT>
              <ENT/>
              <ENT>X <SU>c</SU>
              </ENT>
              <ENT>(<SU>3</SU> )</ENT>
              <ENT>(<SU>2</SU> )</ENT>
              <ENT>War,</ENT>
              <ENT>War</ENT>
              <ENT>War</ENT>
              <ENT>War.<SU>c</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="22"/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>Peace</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Army Commendation Medal (Est. 1945)</ENT>
              <ENT/>
              <ENT>X</ENT>
              <ENT>X</ENT>
              <ENT>(<SU>3</SU> )</ENT>
              <ENT>(<SU>5</SU>
                <SU>2</SU> )</ENT>
              <ENT>War,</ENT>
              <ENT/>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="22"/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>Peace <SU>k</SU>
              </ENT>
            </ROW>
            <ROW RUL="s">
              <ENT I="01">Purple Heart (Est. 1782; Revived 1932)</ENT>
              <ENT>Wounds</ENT>
              <ENT/>
              <ENT>(<SU>6</SU> )</ENT>
              <ENT/>
              <ENT>War</ENT>
              <ENT/>
              <ENT>War</ENT>
            </ROW>
            <ROW EXPSTB="09" RUL="s">
              <ENT I="21">
                <E T="04">nonmilitary</E>
              </ENT>
            </ROW>
            <ROW EXPSTB="00">
              <ENT I="01">Medal for Merit (Est. 1942)</ENT>
              <ENT/>
              <ENT/>
              <ENT>X</ENT>
              <ENT>(<SU>1</SU> )</ENT>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>War <SU>j</SU>
              </ENT>
              <ENT>War.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">National Security Medal (Est. 1953)</ENT>
              <ENT>X</ENT>
              <ENT>X</ENT>
              <ENT>X</ENT>
              <ENT>(<SU>1</SU> )</ENT>
              <ENT>(<SU>1</SU> )</ENT>
              <ENT>War<LI>Peace</LI>
              </ENT>
              <ENT>War<LI>Peace</LI>
              </ENT>
              <ENT>War<LI>Peace</LI>
              </ENT>
              <ENT>War.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Medal of Freedom (Est. 1942)</ENT>
              <ENT>X</ENT>
              <ENT>X</ENT>
              <ENT>X</ENT>
              <ENT>(<SU>4</SU> )</ENT>
              <ENT>(<SU>3</SU> )</ENT>
              <ENT/>
              <ENT>Peace <SU>g</SU>
              </ENT>
              <ENT>Peace <SU>h</SU>
              </ENT>
              <ENT>Peace.<SU>g</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Distinguished Civilian Service Medal (Est. 1957)</ENT>
              <ENT/>
              <ENT/>
              <ENT>X</ENT>
              <ENT/>
              <ENT>(<SU>2</SU> )</ENT>
              <ENT/>
              <ENT/>
              <ENT>Peace <SU>i</SU>
              </ENT>
              <ENT>Peace.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Outstanding Civilian Service Medal (Est. 1960)</ENT>
              <ENT/>
              <ENT/>
              <ENT>X</ENT>
              <ENT/>
              <ENT>(<SU>2</SU> )</ENT>
              <ENT/>
              <ENT/>
              <ENT>Peace <SU>i</SU>
              </ENT>
              <ENT>Peace.</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU> President of the U.S. He may award all decorations; only he may award the Medal of Honor.</TNOTE>
            <TNOTE>
              <SU>2</SU> Secretary of the Army. Secretary of Defense awards the LM to foreign military personnel.</TNOTE>
            <TNOTE>

              <SU>3</SU> Senior Army commander of any separate force. He may delegate his authority to (a) any subordinate commander in the grade of major general or higher and (b) any brigadier general who commands a tactical unit, and, as such, occupies a position vacancy of a major general. Exception: Authority to award the DSC to foreign personnel is retained by the Secretary of the Army.<PRTPAGE P="391"/>
            </TNOTE>
            <TNOTE>
              <SU>4</SU> Commanders specifically designated by the Secretary of the Army (usually theater commanders).</TNOTE>
            <TNOTE>
              <SU>5</SU> Commander in the grade or position of major general or higher, heads of Hq DA Staff agencies.</TNOTE>
            <TNOTE>
              <SU>6</SU> Commander of any separate force in the grade or position of a major general or higher. He may delegate his authority to any field grade officer.</TNOTE>
            <TNOTE>
              <SU>a</SU> Peace criteria apply to all personnel in times of total peace; similarly, war criteria apply to all personnel in times of formal declared war plus 1 year thereafter. When no formal war has been declared but the U.S. is engaged in military operations against an armed enemy, all personnel in the combat zone and certain individuals in the communications zone (i.e., only those whose duties involve direct control or support of combat operations) are considered under war criteria; all remaining personnel are considered under peace criteria.</TNOTE>
            <TNOTE>
              <SU>b</SU> Army Medal of Honor is awarded only to Army officer and enlisted personnel.</TNOTE>
            <TNOTE>
              <SU>c</SU> Not usually awarded to these personnel.</TNOTE>
            <TNOTE>
              <SU>d</SU> Awarded to foreign military in one of four degrees. The degrees of Chief Commander and Commander compare to award of the DSM to U.S. military, the degrees of Officer and Legionnaire compare to award of the LM to U.S. military. Second or succeeding awards of this decoration must be in the same or a higher degree than the previous award.</TNOTE>
            <TNOTE>
              <SU>e</SU> Must meet requirement “while participating in aerial flight.”</TNOTE>
            <TNOTE>
              <SU>f</SU> Must meet requirement “in actual ground combat” for valor, awarded with a bronze star “V” device to distinguish from an award made for achievement or service.</TNOTE>
            <TNOTE>
              <SU>g</SU> Awarded to foreign personnel in one of four degrees: Gold Palm (corresponds to LM, Chief, Commander degree); Silver Palm (corresponds to LM, Commander degree); Bronze Palm (corresponds to LM, Officer and Legionnaire degrees); and without Palm (corresponds to Bronze Star Medal). Only one Medal of Freedom, either with or without palm, is awarded to any one person. Second and successive awards may be evidenced by the addition of a palm of a higher degree.</TNOTE>
            <TNOTE>
              <SU>h</SU> The meritorious act or service must be of degree required for the award of the BSM to U.S. military. Usually awarded for acts or services performed within an active theater of operations, never for acts of services performed within continental limits of the United States.</TNOTE>
            <TNOTE>
              <SU>i</SU> Not awarded for service rendered as a Department of the Army employee.</TNOTE>
            <TNOTE>
              <SU>j</SU> Last awarded in 1952.</TNOTE>
            <TNOTE>
              <SU>k</SU>Never awarded to officers of general rank.</TNOTE>
          </GPOTABLE>
          <PRTPAGE P="392"/>
          <P>(b) <E T="03">Recommendations.</E> (1) It is the responsibility and privilege of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a recommendation for consideration. It is usually desirable that the intended recipient not be informed of a pending recommendation or given an implied promise of an award prior to final approval and clearance. This is especially true when the intended recipient is a foreigner.</P>
          <P>(2) Recommendations may be submitted in letter form but it is preferable that DA Form 638 (Recommendation for Award (Heroism, meritorious achievement or service)) be used. This form is self-explanatory; however, close attention to detail is most essential. A separate recommendation including a proposed citation will be submitted for each proposed award and only one proposed recipient will be named in a single recommendation. Lucid reporting of facts, not flowery generalities, will be most likely to achieve the object of the recommendation. Statements of eyewitnesses, extracts from official records, sketches, maps, diagrams, photographs, etc., will be attached to support and amplify stated facts. Statements must be signed and the signer clearly identified by his organization or address; if in the military service the service number should be included. All other documentation should be authenticated and related to the basic recommendation. The proposed citation usually will be limited to one typewritten page (8 by 10<FR>1/2</FR> inches) double spaced.</P>
          <P>(3) To be fully effective a decoration must be timely. Undue delay in the submission of a recommendation may preclude its consideration as noted in paragraph (m) of this section. It is highly desirable that a recommendation be placed in military channels and acted on as quickly as possible. If circumstances preclude submission of a completely documented recommendation it is best to submit it as soon as possible and note that additional data is to be submitted later. Action by intermediate headquarters and by the final approving authority will be as expeditious as possible, consistent with full and weighted judgment.</P>
          <P>(4) A recommendation for the award of a decoration based on a period of meritorious service will not normally be acted on more than 30 days prior to the projected end of that period. Such an award normally will not be made until the duties which the individual has been performing are terminated. When an individual departing an organization or installation desires to initiate a recommendation for an award for meritorious service for an individual who is remaining in the command, he should leave the recommendation in written form with the commanding officer or with his own successor for final action when the person recommended becomes eligible for consideration, as indicated in paragraphs (b)(1) to (4) of this section.</P>
          <P>(5) Recommendations for all awards which may not be finally acted on in the field pursuant to delegated authority will be forwarded through channels to The Adjutant General, or directly to The Adjutant General if the use of military channels is impracticable. Each intermediate headquarters will express approval or disapproval, indicating reasons if disapproved. When an interim award is made a copy of the orders and citation will be added to the recommendation when it is forwarded.</P>
          <P>(c) <E T="03">By whom awarded—wartime criteria.</E> The award of the Medal of Honor is made by the President. Awards of other decorations are made by the President, the Secretary of Defense, and the Secretary of the Army, except that during a period when wartime criteria apply, authority to award decorations is delegated as follows:</P>

          <P>(1) The Distinguished-Service Cross, Silver Star, Distinguished-Flying Cross, Soldier's Medal, Bronze Star Medal, Air Medal, and Commendation Ribbon with Metal Pendant may be awarded to members of the Armed Forces of the United States by the senior Army commander of any separate force or by subordinate commanders to whom he may delegate this authority, provided that the authority will not be delegated to any commander below the grade of major general. Authority may be delegated to any commander in the grade of brigadier general while he is <PRTPAGE P="393"/>in command of a tactical unit and, as such, is occupying the established position vacancy of a major general. No award will be made under the provisions of this paragraph to a member of another United States Armed Forces service without the concurrence of the respective senior commander present.</P>
          <P>(2) The Distinguished-Service Cross and Silver Star may be awarded by the commanding general of a United States Army force in a theater of operations to officers and members of crews of ships of the United States Merchant Marine serving under his jurisdiction.</P>
          <P>(3) The Legion of Merit may be awarded only by commanders specifically designated by the Secretary of the Army.</P>
          <P>(4) The Silver Star, Distinguished-Flying Cross, Soldier's Medal, Bronze Star Medal, and Air Medal may be awarded by the commanders indicated in paragraph (c)(1) of this section, to members of the armed forces of friendly foreign nations, provided concurrence has been obtained from the senior commander present in the theater of hostilities for an award to one of his own nationals, except as shown in paragraphs (c)(4) (i) and (ii) of this section. Such concurrence will be regarded as constituting approval by his government for acceptance of the award. A recommendation for any of these awards will be forwarded to the Department of the Army when:</P>
          <P>(i) The senior commander of a cobelligerent force is unable to obtain the approval of his government.</P>
          <P>(ii) An award to a flag or general officer or to the senior officer of the cobelligerent force present in the area is contemplated.</P>
          <P>(5) The Purple Heart may be awarded by the commanding general of any separate force who is in the grade or position of a major general or higher or by any field grade officer to whom he may delegate the authority. The award may be made to members of the Armed Forces of the United States, to officers and members of crews of ships of the United States Merchant Marine serving within the area of his command, to civilian citizens of the United States serving with the Army, and to civilian citizens of the United States whose presence within the command has been approved (examples: war correspondents, Red Cross, and USO personnel).</P>
          <P>(6) The Medal of Freedom may be awarded by such officers as may be designated by the Secretary of the Army.</P>
          <P>(7) The National Security Medal shall be awarded by the President or his designee for that purpose under either wartime or peacetime criteria.</P>
          <P>(d) <E T="03">By whom awarded; peacetime criteria.</E> (1) Awards for peacetime service are made by the President, the Secretary of Defense, and the Secretary of the Army.</P>
          <P>(2) No peacetime award of an Army decoration will be made to a member of another United States Armed Forces Service without concurrence from the military department concerned.</P>
          <P>(3) The Legion of Merit, the Soldier's Medal, the Army Commendation Medal, the Decoration for Distinguished Civilian Service and the Outstanding Civilian Service Award are the only United States decorations which may be awarded by the Department of the Army to foreign nationals under peacetime criteria. The Bronze Star Medal may be awarded by the Department of the Army to foreign nationals under peacetime criteria during a period and in specified areas where United States troops are engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.</P>
          <P>(4) Authority to award the Joint Service Commendation Medal has been delegated by the Secretary of Defense to:</P>
          <P>(i) The Deputy Secretary of Defense for awards to military personnel assigned to the Office of the Secretary of Defense.</P>
          <P>(ii) The Chairman, Joint Chiefs of Staff for awards to military personnel on his staff, and in those agencies and activities reporting through his staff.</P>
          <P>(iii) Director, Defense Supply Agency for awards to military personnel on his staff.</P>

          <P>(iv) Director, National Security Agency for award to military personnel on his staff.<PRTPAGE P="394"/>
          </P>
          <P>(v) Commanders in Chief of Unified and Specified Commands, for awards to military personnel assigned to their respective headquarters and to those joint agencies and activities reporting to or through their commands.</P>
          <FP>In wartime, this authority may be further delegated at the direction of the Secretary of Defense.</FP>
          <P>(5) The Army Commendation Medal may be awarded for heroism, meritorious achievement or meritorious service by any commander in the grade or position of a Major General or higher and by the heads of Headquarters Department of the Army staff agencies to members of the Army of the United States below the grade of Brigadier General. The Army Commendation Medal may be awarded by the appropriate commander as an interim award in accordance with paragraph (g) of this section in those cases involving heroism and for which a recommendation for the award of the Distinguished Flying Cross or the Soldier's Medal has been submitted. Awards of the Army Commendation Medal may also be made under the provisions of AR 672-301 (Incentive Awards).</P>
          <P>(6) The National Security Medal is awarded as noted in paragraph (c)(7) of this section.</P>
          <P>(e) <E T="03">Civilian components.</E> Awards of the Soldier's Medal, Distinguished-Flying Cross, Air Medal, and Commendation Ribbon with Metal Pendant may be made by the Secretary of the Army to members of the civilian components of the Army not in Federal service or on active duty for acts and services incident to membership in such civilian components or directly related to attendance on occasions of military duty.</P>
          <P>(f) <E T="03">Posthumous awards.</E> Awards may be made following the decease of the person being honored in the same manner as they are made for a living person except that the orders and citation will indicate that the award is being made posthumously. Engraved certificates for presentation with the decorations will not contain the word posthumous. When the next of kin resides in the United States, orders announcing the award, together with the citation and related papers will be forwarded to The Adjutant General who will cause presentation to be made. Eligible classes of next of kin are listed in the order of their precedence in § 578.25a(b).</P>
          <P>(g) <E T="03">Interim awards.</E> To insure prompt recognition of an act, achievement, or service, the award of a suitable lesser military decoration may be made by appropriate authority pending final action on a recommendation for a higher award. Each such lesser award will be revoked simultaneously with an award of a higher military decoration for the same act.</P>
          <P>(h) <E T="03">Awards of a lower decoration.</E> When an interim award has not been made as provided in paragraph (g) of this section, the commander having authority to take final action in the case may award a lower decoration in lieu of the one recommended.</P>
          <P>(i) <E T="03">Duplication of awards.</E> Only one military decoration will be awarded for the same act, achievement, or period of meritorious service. An award for meritorious service may include meritorious achievements, but duplicating awards will not be made for meritorious achievement and meritorious service involving the same period of time. Continuation of the same or similar type service already recognized by an award for meritorious service will not be given a second award. If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or if considered appropriate by the awarding authority, and desired by the individual, the award previously made may be amended to incorporate the extended period of service. An award for heroism performed within a period which is recognized by an award for meritorious service is not a duplication.</P>
          <P>(j) <E T="03">Conversion of awards.</E> Awards of certain decorations on the basis of existing letters, certificates, and/or orders, as hereinafter authorized will be made only upon letter application of the individuals concerned to The Adjutant General, Washington, DC 20310. If possible, the applicant for the conversion of an award of the Bronze Star Medal or Commendation Ribbon should inclose the original or a copy of the documentation which he wishes to have considered, or furnish all possible details as to time, place, and deed or <PRTPAGE P="395"/>service to assist in locating any copy of the commendation which may have been recorded.</P>
          <P>(k) <E T="03">Character of service.</E> No decoration shall be awarded or presented to any individual whose entire service subsequent to the time of the distinguished act, achievement, or service shall not have been honorable. The Act of July 9, 1918 (40 Stat. 871) as amended (10 U.S.C. 1409); the Act of July 2, 1926 (44 Stat. 789), as amended (10 U.S.C. 1429).</P>
          <P>(l) <E T="03">Disapproval of awards.</E> Whenever a recommendation for the award of a decoration is disapproved, the disapproving officer will indicate the specific reason or reasons for such action. The disapproval of a recommendation by an officer subordinate to the commander having authority to award the decoration will not constitute authority for the return of the recommendation to the initiator, except that recommendations for an award for meritorious service which describe only performance of normal duty in time of peace will be automatically disapproved and returned to the initiator. All recommendations which have been finally disapproved by the commander having authority to award the decoration recommended will be considered by that commander for the award of a lesser but appropriate decoration which, if approved, will be forwarded in lieu thereof. All disapproved recommendations will be returned to the initiator if he is in the military service and will be returned through the same channels employed for forwarding.</P>
          <P>(m) <E T="03">Time limitations.</E> By operation of law a military decoration will not be awarded more than 3 years after the action or period of service being honored, and in each instance the recommendation for an award must be formally entered into military channels within 2 years of the date of the act, achievement, or service to be honored.</P>
          <P>(1) Awards of military decorations may be made in cases where prior similar recommendations have been acted upon by commanders who had authority to approve the awards, provided the requests for reconsideration or upgrading are submitted within the time limits prescribed above and such requests are accompanied by new and material evidence in support thereof.</P>
          <P>(2) Awards of military decorations may be made in recognition of previously issued orders, letters, or certificates, and in exchange of decorations as may be authorized in this section.</P>
          <P>(n) <E T="03">Announcement of awards.</E> All awards made pursuant to delegated authority will be announced in general orders by the commander authorized to make the award. Complete citations for acts of heroism are normally included in orders announcing the award. Orders announcing awards for meritorious achievement and meritorious service normally include only the places and inclusive dates of such achievements and services; the complete citation is then prepared separately for presentation and record purposes. Awards made by the President and the Secretary of the Army will be announced in Department of the Army General Orders when appropriate.</P>
          <P>(o) <E T="03">Recording of awards.</E> The award of a military decoration will be entered in the personnel records of the recipient and in the unit history of his organization in the manner prescribed in Army regulations.</P>
          <P>(p) <E T="03">Engraving of awards.</E> The Medal of Honor is engraved with the grade, name, and organization of the recipient. The Medal of Freedom is engraved on the edge, and the reverse of all other decorations is engraved with the name of the recipient. Normally, engraving will be accomplished prior to presentation. When this is impracticable, the recipient will be advised of his privilege to mail the decoration to Commanding General, Philadelphia Quartermaster Depot, Philadelphia, Pennsylvania, for engraving at Government expense.</P>
          <P>(q) <E T="03">Presentation of decoration—</E>(1) <E T="03">Medal of Honor.</E> The Medal of Honor is usually presented to living recipients by the President of the United States at the White House. Posthumous presentation to the next of kin is normally made in Washington, DC, by the President or his personal representative.</P>
          <P>(2) <E T="03">Other United States military decorations.</E> Presentation will be timely. They will be made with an appropriate air of formality and with fitting ceremony.</P>
          <P>(3) <E T="03">Conversion awards.</E> Conversion awards are not usually presented with <PRTPAGE P="396"/>formal ceremony, however, such presentation may be made at the discretion of local commanders.</P>
          <P>(4) <E T="03">Act of presentation.</E> A decoration may be pinned on the clothing of the recipient, whether in uniform or civilian clothing or on the next of kin in the case of an award following death; however, this will not be construed as authority for any person other than the individual honored by the decoration to wear it. As an alternative to pinning the decoration, it may be handed to the recipient in an open decoration container.</P>
          <CITA>[21 FR 7672, Oct. 6, 1956, as amended at 21 FR 10010, Dec. 18, 1956; 24 FR 1790, Mar. 12, 1959; 26 FR 6434, July 18, 1961; 29 FR 527, Jan. 22, 1964]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.4</SECTNO>
          <SUBJECT>Medal of Honor.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Medal of Honor, established by Joint Resolution of Congress, 12 July 1862 (amended by Act of 9 July 1918 and Act of 25 July 1963) is awarded in the name of Congress to a person who, while a member of the Army, distinguished himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party (figure 1). The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life. Incontestable proof of the performance of the service will be exacted and each recommendation for the award of this decoration will be considered on the standard of extraordinary merit. Eligibility is limited to members of the Army of the United States in active Federal military service.</P>
          <P>(b) <E T="03">Description.</E> A gold-finished bronze star, one point down, 1<FR>9/16</FR> inches in diameter with rays terminating in trefoils, surrounded by a laurel wreath in green enamel, suspended by two links from a bar bearing the inscription “Valor” and surmounted by an eagle grasping laurel leaves in one claw and arrows in the other. In the center of the star is the head of Minerva surrounded by the inscription “United States of America.” Each ray of the star bears an oak leaf in green enamel. On the reverse of the bar are stamped the words “The Congress To.” The medal is suspended by a hook to a ring fastened behind the eagle. The hook is attached to a light-blue moired silk neckband, 1<FR>3/16</FR> inches in width and 21<FR>3/4</FR> inches in length, behind a square pad in the center made of the ribbon with the corners turned in. On the ribbon bar are 13 white stars arranged in the form of a triple chevron, consisting of two chevrons of 5 stars and one chevron of 3 stars. A hexagonal rosette of light-blue ribbon <FR>1/2</FR> inch circumscribing diameter, with a fan-shaped ribbon insert showing white stars, is included for wear on civilian clothing.</P>
          <P>(c) <E T="03">Medal of Honor Roll.</E> The Medal of Honor Roll was established by Act of Congress, April 27, 1916, as amended, 38 U.S.C. 560. It provides that each Medal of Honor awardee may have his name entered on the Medal of Honor Roll. Each person whose name is placed on the Roll is certified to the Veterans' Administration as being entitled to receive a special pension of $100 per month for life, payable monthly by that agency. The payment of this special pension is in addition to, and does not deprive the pensioner of any other pension, benefit, right, or privilege to which he is or may thereafter be entitled. A written application must be made by the awardee to have his name placed on the Medal of Honor Roll and to receive the special pension. For Army personnel, proper blanks and instructions shall be furnished without charge upon request to The Adjutant General, Department of the Army, Washington, DC 20314, Attention: AGPB-AC. The application must bear the full personal signature of the applicant.</P>
          <P>(d) <E T="03">Additional benefits.</E> (1) Air transportation: See AR 96-20 (Army Regulations pertaining to Air Transportation).</P>

          <P>(2) Sons of winners of the Medal of Honor, otherwise qualified for admission to the United States Military Academy, will not be subject to quota <PRTPAGE P="397"/>requirements (see annual catalog, United States Military Academy).</P>
          <SECAUTH>(Sec. 3741, 70A Stat. 215; 10 U.S.C. 3741)</SECAUTH>
          <CITA>[21 FR 7672, Oct. 6, 1956, as amended at 29 FR 527, Jan. 22, 1964; 35 FR 9279, June 13, 1970]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.5</SECTNO>
          <SUBJECT>Distinguished Service Cross.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Distinguished Service Cross, established by Act of Congress 9 July 1918 (amended by Act of 25 July 1963), is awarded to a person who, while serving in any capacity with the Army, distinguishes himself by extraordinary heroism not justifying the award of a Medal of Honor while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party (figure 1). The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his comrades.</P>
          <P>(b) <E T="03">Description.</E> A cross of bronze 2 inches in height and 1<FR>13/16</FR> inches in width with an eagle on the center and a scroll below the eagle bearing the inscription “For Valor.” On the reverse, the center of the cross is circled by a wreath. The cross is suspended by a ring from moired silk ribbon, 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of a band of red (<FR>1/8</FR>-inch), white (<FR>1/16</FR>-inch), blue (1-inch), white (<FR>1/16</FR>-inch), and red (<FR>1/8</FR>-inch).</P>
          <SECAUTH>(Sec. 3742, 70A Stat. 215; 10 U.S.C. 3742)</SECAUTH>
          <CITA>[21 FR 7672, Oct. 6, 1956, as amended at 29 FR 527, Jan. 22, 1964]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.6</SECTNO>
          <SUBJECT>Distinguished Service Medal.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> (1) The Distinguished Service Medal, established by Act of Congress on July 9, 1918, is awarded to any person who, while serving in any capacity with the Army of the United States, shall have distinguished himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility (Fig. 1). The performance must be such as to merit recognition for service which is clearly exceptional. Superior performance of normal duty will not alone justify an award of this decoration.</P>
          <P>(2) For service not related to actual war the term “duty of great responsibility” applies to a narrower range of positions than in time of war, and requires evidence of conspicuously significant achievement. However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of high positions of great importance.</P>
          <P>(3) Awards may be made to persons other than members of the Armed Forces of the United States for wartime services only, and then only under exceptional circumstances with the express approval of the President, in each case.</P>
          <P>(b) <E T="03">Description.</E> The coat of arms of the United States in bronze surrounded by a circle of dark-blue enamel 1<FR>1/2</FR> inches in diameter, bearing the inscription “For Distinguished Service MCMXVIII.” On the reverse, a blank scroll upon a trophy of flags and weapons. The medal is suspended by a bar from a moired silk ribbon, 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of a bank of scarlet (<FR>5/8</FR>-inch), a stripe of dark-blue (<FR>1/16</FR>-inch), a band of white (<FR>5/8</FR>-inch), a stripe of dark-blue (<FR>1/16</FR>-inch), and a band of scarlet (<FR>5/16</FR>-inch).</P>
          <SECAUTH>(Sec. 3743, 70A Stat. 216; 10 U.S.C. 3743)</SECAUTH>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.7</SECTNO>
          <SUBJECT>Silver Star.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Silver Star, established by Act of Congress 9 July 1918 (amended by Act of 25 July 1963), is awarded to a person who, while serving in any capacity with the Army, is cited for gallantry in action that does not warrant a Medal of Honor or Distinguished Service Cross while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party (figure 1). The required gallantry, while of lesser degree than that required for the award of the Medal of Honor or Distinguished Service Cross, must nevertheless have been performed with marked distinction. It is also awarded <PRTPAGE P="398"/>upon letter application to The Adjutant General to those individuals who, while serving in any capacity with the Army, received a citation for gallantry in action in World War I published in orders issued by the headquarters of a general officer.</P>
          <P>(b) <E T="03">Description.</E> A bronze star 1<FR>1/2</FR> inches in circumscribing diameter. In the center thereof is a <FR>3/16</FR>-inch diameter raised silver star, the center lines of all rays of both stars coinciding. The reverse has the inscription “For Gallantry in Action.” The star is suspended by a rectangular-shaped metal loop with corners rounded from a moired silk ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of stripes of blue (<FR>3/32</FR>-inch), white (<FR>3/64</FR>-inch), blue (<FR>7/32</FR>-inch), white (<FR>7/32</FR>-inch), red (<FR>7/32</FR>-inch), white (<FR>7/32</FR>-inch), blue (<FR>7/32</FR>-inch), white (<FR>3/64</FR>-inch), and blue (<FR>3/32</FR>-inch).</P>
          <SECAUTH>(Sec. 3746, 70A Stat. 216; 10 U.S.C. 3746)</SECAUTH>
          <CITA>[21 FR 7672, Oct. 6, 1956, as amended at 29 FR 527, Jan. 22, 1964]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.8</SECTNO>
          <SUBJECT>Legion of Merit.</SUBJECT>
          <P>The Legion of Merit, established by Act of Congress July 20, 1942, is awarded to any member of the Armed Forces of the United States or of a friendly foreign nation who has distinguished himself or herself by exceptionally meritorious conduct in the performance of outstanding services. See figure 1.</P>
          <P>(a) <E T="03">Criteria for Armed Forces of the United States.</E> (1) The performance must have been such as to merit recognition of key individuals for service rendered in a clearly exceptional manner. Superior performance of duties normal to the grade, branch, specialty, or assignment, and experience of an individual is not an adequate basis for this award.</P>
          <P>(2) For service not related to actual war, the term “key individuals” applies to a narrower range of positions than in time of war and requires evidence of significant achievement. Such service, performed in peacetime, should be in the nature of a special requirement or the performance of an extremely difficult duty in an unprecedented and clearly exceptional manner. However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of important positions.</P>
          <P>(3) The accomplishment of the duty should have been completed prior to submitting a recommendation, or if the person being recommended has been transferred prior to completion, the accomplishment must have progressed to what may be clearly determined to be an exceptional degree.</P>
          <P>(4) Awards will be made without reference to degree and for each such award, the Legion of Merit (Legionnaire) will be issued.</P>
          <P>(b) <E T="03">Criteria for armed forces of foreign nations.</E> (1) See AR 672-7 (Army Regulations pertaining to Legion of Merit for foreign nationals).</P>
          <P>(2) Each award will be made in one of the following degrees, which are listed in order or rank:</P>
          <P>(i) Chief Commander.</P>
          <P>(ii) Commander.</P>
          <P>(iii) Officer.</P>
          <P>(iv) Legionnaire.</P>
          <P>(3) Awards of this decoration in the degrees of Chief Commander and Commander are comparable to awards of the Distinguished-Service Medal and the standards prescribed in § 578.6 (a) will be applied in considering such awards.</P>
          <P>(4) Awards in the lesser degrees of this decoration are comparable to awards of the Legion of Merit to members of the Armed Forces of the United States and the standards prescribed in paragraph (a) of this section are applicable.</P>
          <P>(5) Second or succeeding awards of this decoration will be in the same or a higher degree than the previous award.</P>
          <P>(c) <E T="03">Description—</E>(1) <E T="03">Chief Commander.</E> A domed five-pointed American white star plaque of heraldic form bordered in purplish-red enamel 2<FR>15/16</FR> inches circumscribing diameter with 13 white stars on a blue field emerging from a circle of clouds; backing the star, a laurel wreath with pierced, crossed arrows pointing outward between each arm of the star and the wreath. The reverse is engraved with the words “United States of America.”</P>
          <P>(2) <E T="03">Commander.</E> A five-pointed American white star of heraldic form bordered in purplish-red enamel 2<FR>1/4</FR>-inches circumscribing diameter with 13 white stars on a blue field emerging from a <PRTPAGE P="399"/>circle of clouds; backing the star, a laurel wreath with pierced, crossed arrows pointing outward between each arm of the star and the wreath. A bronze wreath connects an oval suspension ring to a neck ribbon. The reverse of the five-pointed star is enameled in white. bordered in purplish-red enamel; in the center is a disk surrounded by the words “Annuit Coeptis” and “MDCCLXXXII,” and on the scroll are the words “United States of America.” The moired silk neck ribbon is 21<FR>1/4</FR> inches in length and 1<FR>15/16</FR> inches in width composed of a bank of purplish-red (1<FR>13/16</FR>-inches) with edges of white (<FR>1/16</FR>-inch).</P>
          <P>(3) <E T="03">Officer.</E> A five-pointed American white star of heraldic form bordered in purplish-red enamel 1<FR>7/8</FR>-inches circumscribing diameter with 13 white stars on a blue field emerging from a circle of clouds; backing the star, a laurel wreath with modeled, crossed arrows pointing outward between each arm of the star and the wreath, and an all-bronze device of the same design as the pendant <FR>3/4</FR> inch in diameter on the center of the suspension ribbon. On the reverse is a disk surrounded by the words “Annuit Coeptis” and “MDCCLXXXII,” and on the scroll are the words “United States of America.” The pendant is suspended by a moired silk ribbon 1<FR>7/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of a bank of purplish-red (1<FR>1/4</FR>-inches) with edges of white (<FR>1/16</FR>-inch).</P>
          <P>(4) <E T="03">Legionnaire.</E> Same as prescribed in paragraph (c)(3) of this section, except the all-bronze device is not worn on the ribbon.</P>
          <SECAUTH>(Sec. 1121, 70A Stat. 88; 10 U.S.C. 1121, E.O. 9260, October 29, 1942, 7 FR 8819, 3 CFR, 1943 Cum. Supp.)</SECAUTH>
          <CITA>[21 FR 7672, Oct. 6, 1956, as amended at 22 FR 9692, Dec. 4, 1957]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.9</SECTNO>
          <SUBJECT>Distinguished Flying Cross.</SUBJECT>
          <P>(a) <E T="03">Criteria</E>. The Distinguished Flying Cross, established by Act of Congress July 2, 1926, is awarded to any member of the Armed Forces of the United States and of friendly foreign nations who while serving in any capacity with the Army of the United States, shall have distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight (figure 1). The performance of the act of heroism must be evidenced by voluntary action in the face of great danger above and beyond the call of duty while participating in aerial flight. The extraordinary achievement while participating in aerial flight must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his comrades, or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy. It should also be noted that if a higher decoration is considered to be merited for the heroism or extraordinary achievement while participating in aerial flight, recommendation may be made for any appropriate higher award.</P>
          <P>(b) <E T="03">Description.</E> On a bronze 1<FR>1/2</FR>-inch cross pattee, a four-bladed propeller 1<FR>11/16</FR> inches across the blades; in the reentrant angles, rays forming a 1-inch square. The cross is suspended by a plain, straight link from a moired silk ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of stripes of blue (<FR>7/64</FR>-inches), white (<FR>9/64</FR>-inch), blue (<FR>11/32</FR>-inch), white (<FR>3/64</FR>-inch), red (<FR>3/32</FR>-inch), white (<FR>3/64</FR>-inch), blue (<FR>11/32</FR>-inch), white (<FR>9/64</FR>-inch), and blue (<FR>7/64</FR>-inch).</P>
          <SECAUTH>(Sec. 3749, 70A Stat. 217; 10 U.S.C. 3749, E.O. 4601, March 1, 1927, as amended by E.O. 7786, January 8, 1938, 3 FR 39)</SECAUTH>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.10</SECTNO>
          <SUBJECT>Soldier's Medal.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Soldier's Medal, established by Act of Congress July 2, 1926, is awarded to any person who, while serving in any capacity with the Army of the United States, shall have distinguished himself or herself by heroism not involving actual conflict with an armed enemy (figure 1). The same degree of heroism is required as that for an award of the Distinguished Flying Cross. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions other than those involving conflict with an armed enemy. Awards will not be made solely on the basis of having saved a life. The award of this decoration will be limited to members of <PRTPAGE P="400"/>the Armed Forces of the United States and of friendly foreign nations.</P>
          <P>(b) <E T="03">Description.</E> On a 1<FR>3/8</FR>-inch bronze octagon, an eagle displayed, standing on a fasces, between two groups of stars of six and seven, above the group of six a spray of leaves. On the reverse is a shield paly of 13 pieces on the chief, the letters “U.S.” supported by sprays of laurel and oak, around the upper edge the inscription “Soldier's Medal,” and across the face the words “For Valor.” The medal is suspended by a rectangular-shaped metal loop with corners rounded from a moired silk ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of two outside stripes of blue (<FR>3/8</FR>-inch), the center containing 13 white and red stripes of equal width (7 white and 6 red).</P>
          <SECAUTH>(Sec. 3750, 70A Stat. 217; 10 U.S.C. 3750)</SECAUTH>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.11</SECTNO>
          <SUBJECT>Bronze Star Medal.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Bronze Star Medal, established by Executive Order on February 4, 1944, is awarded to any person who, while serving in any capacity in or with the Army of the United States, on or after December 7, 1941, shall have distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. See figure 1.</P>
          <P>(1) <E T="03">Heroism.</E> Awards may be made for acts of heroism performed in actual ground combat against an armed enemy which are of lesser degree than required for the award of the Silver Star.</P>
          <P>(2) <E T="03">Meritorious achievement and service.</E> (i) Awards may be made to recognize single acts of merit and meritorious service. The required achievement or service, while of lesser degree than that required for the award of the Legion of Merit, must nevertheless have been meritorious and accomplished with distinction.</P>
          <P>(ii) Awards may be made, upon letter application to The Adjutant General, to those members of the Armed Forces of the United States who, on or after December 7, 1941, have been awarded the Combat Infantryman Badge or Medical Badge for exemplary conduct in ground combat against an armed enemy between December 7, 1941 and September 2, 1945, inclusive, or whose meritorious achievement or exemplary conduct in ground combat against an armed enemy during such period has been otherwise confirmed in writing by documents executed prior to July 1, 1947. Documents which have been executed since August 4, 1944 in connection with recommendations for the award of decorations of higher degree than the Bronze Star Medal will not be used to establish a basis for the award of this decoration under the provisions of this paragraph.</P>
          <P>(b) <E T="03">Description.</E> A bronze star 1<FR>1/2</FR> inches in circumscribing diameter. In the center thereof is a <FR>3/16</FR>-inch diameter raised bronze star, the center line of all rays of both stars coinciding. The reverse has the inscription “Heroic or Meritorious Achievement.” The star is suspended by a rectangular-shaped loop with corners rounded from a moired silk ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of stripes of white (<FR>1/32</FR>-inch), red (<FR>9/16</FR>-inch), white (<FR>1/32</FR>-inch), blue (<FR>1/8</FR>-inch), white (<FR>1/32</FR>-inch), red (<FR>9/16</FR>-inch), and white (<FR>1/32</FR>-inch). A bronze block letter “V” <FR>1/4</FR> inch in height with serifs at the top of the members is worn on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor). Not more than one “V” device will be worn. When one or more oak-leaf clusters appear on the same ribbon the “V” device is worn on the wearer's right.</P>
          <SECAUTH>(E.O. 9419, Feb. 4, 1944, 9 FR 1495)</SECAUTH>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.12</SECTNO>
          <SUBJECT>Air Medal.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Air Medal, established by Executive Order on May 11, 1942, is awarded to any person who, while serving in any capacity in or with the Army of the United States, has distinguished himself or herself by meritorious achievement while participating in aerial flight (Fig. 1). Awards may be made to recognize single acts of merit or sustained operational activities against an armed enemy. The required achievement, while of lesser degree than that required for the award of the Distinguished Flying Cross, must nevertheless have been accomplished with distinction above and beyond that normally expected.<PRTPAGE P="401"/>
          </P>
          <P>(b) <E T="03">Description.</E> A bronze compass rose 1<FR>11/16</FR>-inches circumscribing diameter suspended by the pointer and charged with an eagle volant carrying two lightning flashes in its talons. The points of the compass rose on the reverse are modeled with the central portion plain. The medal is suspended from a moired silk ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of a band of ultramarine blue (<FR>1/8</FR>-inch), a band of golden orange (<FR>1/4</FR>-inch), a band of ultramarine blue (<FR>5/8</FR>-inch), a band of golden orange (<FR>1/4</FR>-inch), and a band of ultramarine blue (<FR>1/8</FR>-inch), by a ring engaging the pointer.</P>
          <SECAUTH>(E.O. 9158, May 11, 1942, 7 FR 3541, as amended by E.O. 9242A, Sept. 11, 1942, 7 FR 7874)</SECAUTH>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.12a</SECTNO>
          <SUBJECT>Joint Service Commendation Medal.</SUBJECT>
          <P>Department of Defense Directive 1348.14, 25 June 1963, established the Joint Service Commendation Medal This decoration is awarded in the name of the Secretary of Defense and shall take precedence with, but before, the Army Commendation Medal when both are worn on the uniform. The decoration is not awarded to any individual for a period of service for which another meritorious decoration has been awarded.</P>
          <P>(a) <E T="03">Eligibility.</E> Any member of the Armed Forces of the United States who distinguishes himself by meritorious achievement or service while serving in any assignment specified in paragraph (b) of this section after 1 January 1963 is eligible for this award. The required achievement or service, while of lesser degree than that required for award of the Legion of Merit, must nevertheless have been accomplished with distinction.</P>
          <P>(b) <E T="03">Joint activities.</E> Military personnel assigned to the following joint activities are eligible for the award:</P>
          <P>(1) Office of the Secretary of Defense.</P>
          <P>(2) Organization of the Joint Chiefs of Staff.</P>
          <P>(3) Defense Supply Agency.</P>
          <P>(4) National Security Agency.</P>
          <P>(5) Other Department of Defense agencies or joint activities reporting through the Joint Chiefs of Staff.</P>
          <P>(6) Headquarters, unified and special commands.</P>
          <P>(7) Headquarters of joint task forces, joint commands or control groups, reporting through the Joint Chiefs of Staff, unified, specified or subordinate joint commanders, to include service components assigned to a joint command for exercise purposes (e.g., STRIKE Command).</P>
          <P>(8) Other joint activities reporting to commanders of unified or specified commands (e.g., Military Assistance Advisory Groups or Joint Missions).</P>
          <CITA>[29 FR 527, Jan. 22, 1964]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.13</SECTNO>
          <SUBJECT>Army Commendation Medal.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Army Commendation Medal established by the Secretary of War on December 18, 1945, and amended in Department of the Army General Orders 10, 1960, is awarded to any members of the Armed Forces of the United States who, while serving in any capacity with the Army after December 6, 1941, shall have distinguished himself by meritorious achievement or meritorious service. (See figure 1.)</P>
          <P>(1) The required meritorious achievement or meritorious service while of lesser degree than that required for the award of the Legion of Merit must nevertheless have been accomplished with distinction and must have been of the same degree as required for the award of the Bronze Star Medal or Air Medal. An award may be made when the operational requirements for the award of the Bronze Star Medal have not been fully met.</P>
          <P>(2) An award may be made for acts of outstanding courage which do not meet the requirements for an award of the Soldier's Medal.</P>
          <P>(3) An award for meritorious service will not normally be made for a period of service of less than 6 months' duration.</P>
          <P>(4) The Army Commendation Medal will not be awarded to general officers.</P>
          <P>(5) It is particularly desirable that emphasis be placed on the award of this decoration to outstanding company grade officers, warrant officers, and enlisted personnel whose achievements and services meet the prescribed standards.</P>

          <P>(6) Awards may be made upon letter application to The Adjutant General to any individual commended after December 6, 1941, and prior to January 1, <PRTPAGE P="402"/>1946, in a letter, certificate, or order of commendation, as distinguished from letter of appreciation, signed by an officer in the grade or position of a major general or higher.</P>
          <P>(7) The Army Commendation Medal may be awarded in connection with military participation in the Department of the Army Suggestion Program.</P>
          <P>(8) Awards of the Army Commendation Ribbon and of the Commendation Ribbon with Metal Pendant are redesignated by Department of the Army General Orders 10, March 31, 1960, as awards of the Army Commendation Medal, without amendments of certificates or of orders previously issued.</P>
          <P>(b) <E T="03">Description.</E> On a 1<FR>3/8</FR>-inch bronze hexagon, one point up, an American bald eagle with wings displayed horizontally grasping three crossed arrows and bearing on its breast a shield paly of 13 pieces and a chief. On the reverse between the words “For Military” and “Merit” a panel, all above a sprig of laurel. A moired silk ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of stripes of white (<FR>3/32</FR>-inch), green (<FR>25/64</FR>-inch), white (<FR>1/32</FR>-inch), green (<FR>1/16</FR>-inch), white (<FR>1/32</FR>-inch), green (<FR>1/16</FR>-inch), white (<FR>1/32</FR>-inch), green (<FR>1/16</FR>-inch), white (<FR>1/32</FR>-inch), green (<FR>1/16</FR>-inch), white (<FR>1/32</FR>-inch), green (<FR>25/64</FR>-inch), and white (<FR>3/32</FR>-inch).</P>
          <CITA>[21 FR 7672, Oct. 6, 1956, as amended at 26 FR 6434, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.14</SECTNO>
          <SUBJECT>Purple Heart.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Purple Heart, established by General George Washington at Newburgh, New York, on August 7, 1782, and revived by the President on February 22, 1932, is awarded to any member of the Armed Forces of the United States and to any civilian citizen of the United States serving with the Army who was wounded either in action against an armed enemy of the United States or as a direct result of an act of such enemy, provided the wound necessitated treatment by a medical officer. See figure 1.</P>
          <P>(1) For the purpose of considering an award of this decoration, a “wound” is defined as an injury to any part of the body from an outside force or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. A physical lesion is not required, provided the concussion or other form of injury received was directly due to enemy action and required treatment by a medical officer. Awards will not be made by reason of injuries due to frostbite or trenchfoot. Not more than one award of this decoration will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.</P>
          <P>(2) Records of medical treatment for wounds or injuries received in action as prescribed above must have been made a matter of official record during the period of hostilities or within 6 months thereafter.</P>
          <P>(3) Awards may be made, upon letter application, to those individuals who, as members of the Army, prior to December 7, 1941, were awarded Meritorious Services Citation Certificates by the Commander-in-Chief, American Expeditionary Forces, during World War I and/or were authorized to wear wound chevrons.</P>
          <P>(4) Those individuals who, as members of the Army, on or after December 7, 1941, were awarded the Purple Heart for meritorious achievement or service in connection with military operations against the enemy may make application for the award of an appropriate decoration in lieu of the Purple Heart.</P>
          <P>(5) A Purple Heart will be issued by The Adjutant General to the next of kin of each person entitled to a posthumous award. Issue will be made automatically as soon as possible after receipt by the Department of the Army of a report of death under circumstances indicating such entitlement, and notwithstanding the fact that the records indicate the presentation of a Purple Heart to the deceased person prior to death.</P>
          <P>(b) <E T="03">Description.</E> On a purple heart within a bronze border, a profile head in relief of General George Washington in military uniform. Above the heart is a shield of General Washington's coat of arms between two sprays of leaves in green enamel. On the reserve below the shield and leaves without enamel is a raised bronze heart with the inscription “For Military Merit.” The entire device is 1<FR>11/16</FR> inches in length. The medal is suspended by a rectangular-<PRTPAGE P="403"/>shaped loop with corners rounded from a moired silk ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width consisting of a purple (pansy) center with white edges (<FR>1/8</FR>-inch).</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.15</SECTNO>
          <SUBJECT>Medal for Merit.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Medal for Merit was established by Act of Congress on July 20, 1942, to be awarded to civilians of the nations prosecuting the war under the joint declaration of the United Nations and of other friendly foreign nations who have, subsequent to the proclamation of an emergency by the President, distinguished themselves by exceptionally meritorious conduct in the performance of outstanding services. The Medal for Merit has not been awarded since 1952.</P>
          <P>(b) <E T="03">Description.</E> An eagle displayed standing on a vertical sheaf of arrows bearing the inscription “Novus Ordo Seclorum,” all gold-finished bronze, in front of a ring of dark-blue enamel 1<FR>1/2</FR> inches in diameter, bearing 13 white enamel stars. On the gold-finished bronze reverse, the ring, in front of the eagle and arrows in reverse, the words “United States of America” at the top and “For Merit” at the bottom in front of a spray of laurel leaves. The medal is connected to the suspension ring by a wreath of laurel leaves, green enamel on the front and gold-finished bronze on the back. The medal is suspended by a moired silk ribbon 1<FR>7/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of a stripe of purplish-red (<FR>9/16</FR>-inch), a stripe of white (<FR>1/16</FR>-inch), a stripe of purplish-red (<FR>1/8</FR>-inch), a stripe of white (<FR>1/16</FR>-inch), and a stripe of purplish-red (<FR>9/16</FR>-inch). A circular cup-shaped rosette of purplish-red ribbon, <FR>1/2</FR>-inch circumscribing diameter, with a fan-shaped ribbon insert showing purplish-red and white stripes is included for wear on civilian clothing.</P>
          <SECAUTH>(Sec. 1122, 70A Stat. 88; 10 U.S.C. 1122)</SECAUTH>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.16</SECTNO>
          <SUBJECT>National Security Medal.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The National Security Medal, established by Executive Order on January 19, 1953, is awarded to any person, without regard to nationality, including members of the Armed Forces of the United States for distinguished achievement or outstanding contribution on or after July 26, 1947, in the field of intelligence relating to the national security. This contribution may consist of either exceptionally meritorious service performed in a position of high responsibility or of an act of valor requiring personal courage of a high degree and complete disregard of personal safety.</P>
          <P>(b) <E T="03">Description.</E> A blue enameled compass rose surrounded by a red enameled oval, the interior dimensions of which are 1 inch vertically and <FR>7/8</FR> inch horizontally, bearing the inscription “United States of America” at the top and “National Security” at the bottom, the whole enclosed within a laurel wreath of gold-finished bronze surmounted by an American bald eagle standing with wings raised. On the reverse a serial number appears on the eagle and the words “Presented To” are impressed on the compass rose. The name of the recipient is engraved below. The medal is suspended by a loop from a silk moire ribbon 2 inches in length and 1<FR>3/8</FR> inches in width, composed of a band of dark-blue (<FR>1/4</FR>-inch), gold (<FR>3/32</FR>-inch), dark blue (<FR>11/16</FR>-inch), gold (<FR>3/32</FR>-inch), dark blue (<FR>1/4</FR>-inch). Diagonal gold lines (<FR>3/32</FR> inch in width and <FR>3/32</FR> inch apart) extend downward from the wearer's right to left across the center band of dark blue. The miniature of this medal is furnished at the time of the award.</P>
          <SECAUTH>(E.O. 10431, January 19, 1953, 18 FR 437)</SECAUTH>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.17</SECTNO>
          <SUBJECT>Presidential Medal of Freedom.</SUBJECT>
          <P>(a) <E T="03">Criteria—</E>(1) <E T="03">Medal of Freedom.</E> The Medal of Freedom was established by Executive Order 9586, 6 July 1945, as amended by Executive Order 10336, 5 April 1952, to be awarded to any person other than a member of the Armed Forces of the United States who, after 6 December 1941, performed a meritorious act or service which aided the United States in the prosecution of a war against an armed enemy or enemies, or similarly aided any nation engaged with the United States in the prosecution of a war against a common enemy or enemies, or during any period of national emergency declared by the President or the Congress furthered the interests or the security of the United States or of any nation allied or associated with the United States during <PRTPAGE P="404"/>such period when the award of any other United States military decoration was not deemed appropriate. Under special circumstances, without regard to the existence of a state of war or national emergency, the Medal of Freedom was awarded by or at the direction of the President for performance of a meritorious act or service in the interest of the security of the United States. The Medal of Freedom was reestablished as the Presidential Medal of Freedom on 22 February 1963 and no awards of the Medal of Freedom after that date are authorized.</P>
          <P>(2) <E T="03">Establishment of Presidential Medal of Freedom.</E> The Medal of Freedom was reestablished as the Presidential Medal of Freedom by Executive Order 11085, 22 February 1963, to be awarded to any person who has made an especially meritorious contribution to the security or national interest of the United States, to world peace or to cultural or other significant public or private endeavors. The Medal can only be awarded by the President of the United States who makes the final selection of recipients with the assistance of a Distinguished Civilian Service Awards Board. The President may select for award of the Presidential Medal of Freedom any person nominated by the Board, any person otherwise recommended to him for award of the Medal, or any person he selects upon his own initiative. Announcement of awards will be made by the President on or about 4 July of each year.</P>
          <P>(b) <E T="03">Description.</E> The Medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse are the head, shoulders, and headdress of Freedom (taken from the statue on the top of the United States Capitol dome). In the lower portion in an arc is the inscription “Freedom.” On the reverse is the “Liberty Bell” without carriage, within a circle composed of the words “United States of America.” The medal is suspended by a ring from a moired silk ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of red (<FR>7/16</FR>-inch), white (<FR>1/32</FR>-inch), red (<FR>1/8</FR>-inch), white (<FR>1/32</FR>-inch), red (<FR>1/8</FR>-inch), white (<FR>1/32</FR>-inch), red (<FR>1/8</FR>-inch), white (<FR>1/32</FR>-inch), and red (<FR>7/16</FR>-inch). The gold, silver, or bronze palm is 1<FR>1/8</FR> inches in length, and is worn on the suspension and service ribbons of the Medal of Freedom with the tip of the palm toward the wearer's right.</P>
          <CITA>[E.O. 9586, July 6, 1945, 10 FR 8523, as amended by E.O. 10336, Apr. 3, 1952, 17 FR 2957; 29 FR 528, Jan. 22, 1964]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.17a</SECTNO>
          <SUBJECT>Distinguished Civilian Service Medal.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Distinguished Civilian Service Medal, established by the Secretary of the Army, is awarded to civilians other than employees of the Department of the Army, who render outstanding service during peacetime which makes a substantial contribution to the accomplishments of the Army's mission. Award is made by the Secretary of the Army upon recommendation of a staff agency.</P>
          <P>(b) <E T="03">Description.</E> Distinguished Civilian Service Medal, Department of the Army, is bronze, gold filled, 1<FR>1/4</FR> inches in diameter. The central design of the obverse of the medal incorporates a disc with a wreath on the lower half of the rim denoting nonmilitary service. The equilateral triangle is symbolic of the civilian. Displayed on the triangle is the eagle from the Great Seal of the United States. The reverse of the medal is inscribed “Awarded To—————for Distinguished Civilian Service To The United States Army.” The medal is suspended from a ribbon 1<FR>3/8</FR> inch in width consisting of a white stripe (<FR>1/16</FR> in.), a blue stripe (<FR>1/16</FR> in.), a white stripe (<FR>1/16</FR> in.), a red stripe (<FR>1/16</FR> in.), a white stripe (<FR>1/16</FR> in.), a blue stripe (<FR>1/16</FR> in.), a white stripe (<FR>5/8</FR> in.), a blue stripe (<FR>1/16</FR> in.), a white stripe (<FR>1/16</FR> in.), a red stripe (<FR>1/16</FR> in.), a white stripe (<FR>1/16</FR> in.), a blue stripe (<FR>1/16</FR> in.), and a white stripe (<FR>1/16</FR> in.). A rosette <FR>13/32</FR> inch in diameter, made of the medal ribbon into a red centered white disc surrounded by blue, is provided for lapel wear.</P>
          <P>(c) <E T="03">Recommendations.</E> Recommendations will be submitted through military channels to the Deputy Chief of Staff for personnel, Headquarters, Department of the Army, Washington 25, DC, Attn: Office of Civilian Personnel. Each recommendation will describe the project, research, or type of service rendered; the activity in which performed; and the dates of this service. The relationship and value of this service to the Army as a whole must be clearly indicated. The recommendation <PRTPAGE P="405"/>will also include a statement that the individual is not employed by the Army, or was not so employed during the period in which the services to be recognized were rendered. A proposed citation will be inclosed.</P>
          <CITA>[22 FR 9693, Dec. 4, 1957]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.17b</SECTNO>
          <SUBJECT>Outstanding Civilian Service Medal.</SUBJECT>
          <P>(a) <E T="03">Criteria.</E> The Outstanding Civilian Service Medal established by the Secretary of the Army in DA General Orders No. 3, 1960, is awarded to private citizens, Federal Government officials at the policy development level, and technical personnel who serve the Army in an advisory capacity or as consultants. Award is made by the Secretary of the Army, or by major commanders on behalf of the Secretary of the Army when the contribution is of significance to or within the major command concerned only.</P>
          <P>(b) <E T="03">Recommendations.</E> Same as § 578.17a(c).</P>
          <P>(c) <E T="03">Description.</E> Outstanding Civilian Service Medal, Department of the Army, is bronze, 1<FR>1/4</FR> inches in diameter. The central design of the obverse of the medal incorporates a disc with a wreath on the lower half of the rim denoting nonmilitary service. The equalateral triangle is symbolic of the civilian. Displayed on the triangle is the eagle from the Great Seal of the United States. The reverse of the medal is inscribed “Awarded to———————for Outstanding Civilian Service to the United States Army.” The medal is suspended from a ribbon 1<FR>3/8</FR> inches wide consisting of thirteen alternating stripes equally spaced, seven white and six red, with a blue stripe <FR>1/64</FR> inch wide centered on each white stripe. A rosette <FR>1/2</FR> inch in diameter consisting of a gathered red center on a white background with a narrow blue stripe, the rim composed of alternating red and white vertical stripes with a narrow blue stripe centered on the white, is included for wear on civilian clothing.</P>
          <CITA>[26 FR 6435, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.18</SECTNO>
          <SUBJECT>Appurtenances to military decorations.</SUBJECT>
          <P>(a) <E T="03">Oak-Leaf Cluster.</E> A bronze (or silver) twig of four oak leaves with three acorns on the stem, <FR>13/32</FR> inch in length for a suspension ribbon and <FR>5/16</FR> inch in length for a service ribbon is issued in lieu of a decoration for the second or succeeding awards of United States military decorations with the exception that Oak-Leaf Clusters will not be placed on a posthumous award of the Purple Heart. Oak-Leaf Clusters are not issued for the Legion of Merit of the Medal of Freedom awarded in degrees to foreign nationals. Oak-Leaf Clusters are worn attached to the ribbons of the decorations to which they pertain with the stem of the oak leaves toward the wearer's right. A silver Oak-Leaf Cluster may be worn in lieu of five bronze Oak-Leaf Clusters for the same decoration. In lieu of an Oak-Leaf Cluster a gold compass rose is issued to denote the second or succeeding awards of the National Security Medal.</P>
          <P>(b) <E T="03">Letter “V” Device.</E> See § 578.11 (b).</P>
          <P>(c) <E T="03">Palm.</E> See § 578.17(b).</P>
          <P>(d) <E T="03">Service ribbon.</E> A ribbon identical in color with the suspension ribbon of the decoration it represents attached to a bar <FR>3/8</FR> inch in width (vertical dimension) and 1<FR>3/8</FR> inches in length, equipped with a suitable attaching device. A service ribbon is issued with each decoration except the National Security Medal which is provided with an extra length of ribbon for the recipient's use. Service ribbons will not be impregnated with unnatural preservatives nor worn with protective coverings.</P>
          <P>(e) <E T="03">Lapel button.</E> A lapel button <FR>1/8</FR> inch in length and <FR>21/32</FR> inch in width is a colored enamel replica of the respective service ribbon. An enamel lapel button is issued with each decoration except the Medal of Honor and Medal for Merit.</P>
          <P>(f) <E T="03">Rosette.</E> See §§ 578.4(b), 578.15 (b), and 578.17a(b).</P>
          <P>(g) <E T="03">Container.</E> A container, either plastic or leather covered, and plushlined, containing a decoration, service ribbon, and lapel button or rosette. Each decoration awarded will be furnished in an appropriate container.<PRTPAGE P="406"/>
          </P>
          <P>(h) <E T="03">Miniatures.</E> Miniature decorations and appurtenances are replicas of the corresponding decorations and appurtenances on the scale of one-half. With the exception of the National Security Medal (§ 578.16), miniatures are not presented or sold by the Army but may be purchased from civilian dealers. There is no miniature of the Medal of Honor or the Legion of Merit, degree of Commander.</P>
          <CITA>[21 FR 7672, Oct. 6, 1956, as amended at 22 FR 9693, Dec. 4, 1957]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.19</SECTNO>
          <SUBJECT>Foreign individual awards.</SUBJECT>
          <P>(a) <E T="03">Constitutional restriction.</E> No person holding any office of profit or trust under the United States shall, without the consent of the Congress, accept any present, emolument, office, or title of any kind whatsoever from any king, prince, or foreign state. (Const., Art I, Sec. 9.) This includes decorations, awards, and gifts tendered by any official of a foreign government.</P>
          <P>(b) <E T="03">Definitions.</E> (1) <E T="03">Accept</E> or <E T="03">Acceptance</E> as used in this section means assumption of ownership and permanent possession of a military award or similar object awarded by a foreign government or official for which congressional approval has been granted.</P>
          <P>(2) <E T="03">Receive</E> or <E T="03">Receipt</E> as used in this section means the act of coming into temporary custody of a military award or similar object awarded by a foreign government or official for which congressional approval is required.</P>
          <P>(c) <E T="03">General policy.</E> The provisions for receipt and/or acceptance, or prohibition thereof, outlined in this section apply to all members of the Armed Forces on active duty, all members of the Reserve components, and all civilian employees of the Army. This policy should be observed also when the award or gift is tendered to a member of the immediate family of any of the foregoing personnel.</P>
          <P>(d) <E T="03">Participation in ceremonies.</E> Except as prohibited by paragraph (h) of this section, an individual may participate in a ceremony and receive the tender of a foreign award or gift. The receipt of the award or gift will not constitute acceptance of the award by the recipient. Immediately following the ceremony, the individual will forward the award or gift with all appurtenances thereto, and all official papers including diploma and citation, to The Adjutant General. A brief statement should accompany the award explaining the act or service for which the award was made, date and place of presentation, and name and title of official who made the presentation.</P>
          <P>(e) <E T="03">Congressional authorization.</E> Except for such awards as may be specifically authorized by the Congress. The Adjutant General will forward each foreign award or gift to the Secretary of State to be held in escrow pending approval of its acceptance by the Congress. Each military and civilian recipient of foreign awards, upon discharge or permanent retirement or other permanent separation from active Federal service, should notify The Adjutant General in order that action may be taken with reference to his award or gifts. The Secretary of State is required by law to transmit the names of retired personnel to the second session of each alternate Congress (5 U.S.C. 115a). Upon approval by the Congress, the award or gift will be forwarded to the individual concerned.</P>
          <P>(f) <E T="03">Acceptance of foreign awards.</E> An award by a friendly foreign nation may be accepted without the requirement for securing approval by the Congress only as indicated below:</P>
          <P>(1) By the next of kin if the award is conferred posthumously upon a former member of the Armed Forces of the United States.</P>
          <P>(2) By the next of kin if the recipient dies before approval of acceptance can be obtained.</P>
          <P>(3) If the award was conferred or earned while the recipient was serving as a bona fide member of the Armed Forces of the nation conferring the award and if the award is one authorized to be conferred generally upon members of that nation's forces. Such foreign awards must meet the following applicable requirements:</P>
          <P>(i) A decoration must be awarded prior to the recipient's entrance into active service in the Armed Forces of the United States.</P>

          <P>(ii) A badge must have been qualified for by the recipient under criteria established by the country concerned for award of the badge.<PRTPAGE P="407"/>
          </P>
          <P>(iii) A service medal must have been earned under usual criteria established by the country concerned.</P>
          <P>(g) <E T="03">Foreign service medals.</E> Service medals awarded by foreign governments for service performed while a member of the Armed Forces of the United States may not be accepted or worn except the Philippine Service Ribbons, the United Nations Service Medal, and others which may be specifically authorized.</P>
          <P>(h) <E T="03">Military Assistance Program.</E> (1) As an exception to the general policy and procedures set forth in the foregoing paragraphs, the following prohibition shall apply to members of the Armed Forces and civilian employees performing duties in connection with the Military Assistance Program. Specifically, this prohibition includes personnel assigned or attached to, or otherwise performing duty with, Military Assistance Advisory Groups, Military Advisory Groups, Military Aid Groups, or missions having Military Assistance Program functions. Such personnel, regardless of assignment, may not accept the tender of any decoration, award, or gift from foreign governments for duty of this nature. In addition, personnel performing military assistance advisory, programming, budgeting, and/or logistic functions in any headquarters, office, agency, or organization may not accept the tender of any decoration, award, or gift from foreign governments in recognition of such duties. Accordingly, participation in ceremonies involving any such tender is not authorized. In order to avoid embarrassment, the appropriate foreign officials should be acquainted with this prohibition. If presentation is made in spite of such representation, the decoration, award, or gift will be forwarded with a full explanation of the circumstances to The Adjutant General for disposal. This restriction also applies to personnel performing United Nations Truce supervisory activities.</P>
          <P>(2) When an award or gift is proffered to a member of the Armed Forces or a civilian employee performing any duty in connection with the Military Assistance Program in recognition of actual combat services against an armed enemy of the United States, or in recognition of heroism involving the saving of life, the foregoing prohibition is inapplicable, and the provisions of paragraph (e) of this section will be followed.</P>
          <CITA>[26 FR 6435, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.20</SECTNO>
          <SUBJECT>Supply of medals and appurtenances.</SUBJECT>
          <P>(a) Items issued by Department of the Army:</P>
          <P>(1) Decorations,</P>
          <P>(2) Service medals,</P>
          <P>(3) Service ribbons,</P>
          <P>(4) Palms,</P>
          <P>(5) Rosettes,</P>
          <P>(6) Clasps,</P>
          <P>(7) Arrowheads,</P>
          <P>(8) Service Stars,</P>
          <P>(9) Good Conduct Medals,</P>
          <P>(10) Oak-Leaf Clusters,</P>
          <P>(11) Letter “V” devices,</P>
          <P>(12) Certificates for decorations,</P>
          <P>(13) Lapel buttons for decorations,</P>
          <P>(14) Lapel buttons, miscellaneous,</P>
          <P>(15) 10-year devices,</P>
          <P>(16) Berlin airlift devices,</P>
          <P>(17) Containers for decorations.</P>
          <P>(b) Items not issued or sold by Department of the Army:</P>
          <P>(1) Miniature medals and appurtenances,</P>
          <P>(2) Miniature service ribbons,</P>
          <P>(3) Miniature devices,</P>
          <P>(4) Lapel buttons for service medals,</P>
          <P>(5) Lapel buttons, miscellaneous.</P>
          <CITA>[26 FR 6436, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.21</SECTNO>
          <SUBJECT>Original issue or replacement.</SUBJECT>
          <P>(a) <E T="03">General.</E> All United States Army medals are presented without cost to the awardee. Replacement medals are likewise issued without cost to an awardee in active Federal military service when his written request includes a statement that the original medal was lost, destroyed, or rendered unfit for use without fault or neglect on his part. Replacement of medals for individuals not on active duty or for eligible next of kin, provided the original issue had been made to them, may be made at cost price. No money should be mailed until instructions are received from The Adjutant General or the Commanding Officer, U.S. Army Records Center, 9700 Page Boulevard, St. Louis, Mo., 63132. Requests should be directed as follows:<PRTPAGE P="408"/>
          </P>
          <GPOTABLE CDEF="s100,r126" COLS="2" OPTS="L2">
            <BOXHD>
              <CHED H="1">Individual status</CHED>
              <CHED H="1">Direct to</CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">Personnel in active Federal military service or in Reserve components</ENT>
              <ENT>Unit commander.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">All requests for medals in behalf of individuals having no current Army status or deceased</ENT>
              <ENT>Commanding Officer, U.S. Army Records Center, 9700 Page Blvd., St. Louis, Mo., 63132</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Personnel receiving retirement pay, except general officers</ENT>
              <ENT>Same as above.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Retired general officers</ENT>
              <ENT>The Adjutant General, Washington, DC 20310</ENT>
            </ROW>
          </GPOTABLE>
          <P>(b) <E T="03">Discharged Personnel.</E> All requests for medals in behalf of individuals having no current Army status, or deceased, will be forwarded to the Commanding Officer, United States Army Records Center, 9700 Page Boulevard, St. Louis, Mo., 63132.</P>
          <P>(c) <E T="03">Miscellaneous.</E> (1) Supply action for the Medal of Honor will be accomplished only by The Adjutant General.</P>
          <P>(2) The Medal for Merit has not been awarded since 1952; therefore, no requirements exist for this item except for replacements.</P>
          <P>(3) The Gold Star Lapel Button is authorized for issue to next of kin of deceased personnel.</P>
          <CITA>[29 FR 528, Jan. 22, 1964]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.22</SECTNO>
          <SUBJECT>Exhibition.</SUBJECT>
          <P>(a) <E T="03">Government agencies.</E> Upon approval by the Secretary of the Army, samples of military decorations may be furnished, without charge, for one display at the headquarters of each Army and higher field commander, in the offices of the chiefs of governmental agencies not under military jurisdiction where opportunity for the public to view the display is assured, and in each office of the Department of the Army the functions of which include matters pertaining to decorations.</P>
          <P>(b) <E T="03">Civilian institutions.</E> Upon approval of the Secretary of the Army, samples of military decorations may be furnished, at cost price (including the cost of engraving, packing, and shipment), to museums, libraries, numismatic, and military societies and institutions of such public nature as will assure an opportunity for the public to view the exhibits under circumstances beneficial to the Army. All decorations furnished to civilian institutions for exhibition purposes will be engraved with the words “For Exhibition Purposes Only.”</P>
          <P>(c) <E T="03">Requests.</E> Letter requests for decorations for exhibit or display will be made to The Adjutant General, Department of the Army, Washington, DC 20310. Shipment is made direct from the Philadelphia Quartermaster Depot, Philadelphia, Pennsylvania.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.23</SECTNO>
          <SUBJECT>Certificates for decorations: Issuance for prior awards.</SUBJECT>
          <P>Those individuals to whom United States military decorations have been awarded subsequent to December 7, 1941, and to whom an appropriate certificate for decoration has not been issued may make application for such certificate by submitting a written request to the appropriate office as indicated in § 578.21. Each request should indicate a reference to the number, date, and headquarters of issue of the order announcing the award.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.24</SECTNO>
          <SUBJECT>Certificate of appreciation.</SUBJECT>

          <P>As a token of appreciation and in recognition of patriotic civilian service contributing to the accomplishment of the mission of an installation, command, or Staff Agency of the Army, or to the welfare of Army personnel, a Certificate of Appreciation has been established. This certificate, together with a brief citation may be awarded by commanders of major commands and heads of Headquarters, Department of the Army Staff agencies on behalf of the Secretary of the Army for services rendered to elements of the Army under their respective jurisdictions. The accompanying citation should conform to § 578.3(b)(2) and will be made a matter of record in the headquarters of issue, or, when issued by a Headquarters, Department of the Army Staff agency, will be forwarded to The Adjutant General, Department of the Army, Washington, DC 20310, Attn: AGAO-N, for file.<PRTPAGE P="409"/>
          </P>
          <P>(a) <E T="03">Awards to individuals.</E> The award may be made to civilians who are not employed by the Department of the Army and were not so employed during the period for which the services are being recognized. It is intended that this certificate be used when the services to be recognized do not fulfill all the requirements for a decoration, but are outstanding to a degree which merits public recognition by the Army in the local area. When this certificate is presented as an individual award the recipient will be furnished with the Patriotic Civilian Service lapel button.</P>
          <P>(b) <E T="03">Awards to organizations, companies, etc.</E> The award may be made to business firms, fraternal organizations, quasi-military units, etc., on the same basis as stated above for individual awards. No lapel button or other device accompanies the certificate and citation when presented to organizations.</P>
          <P>(c) <E T="03">Supply.</E> This is a standard Department of the Army certificate which may be obtained by a written request to The Adjutant General, Department of the Army, Washington, DC 20310, Attn: AGPS-AD. The certificates when provided will bear the signature of the Secretary of the Army in the lower right and will be countersigned on the left by the major commander or head of a Headquarters, Department of the Army Staff agency making the award. Patriotic Civilian Service Lapel Buttons will be obtained in the same manner. Not more than a 6-month supply of certificates and lapel buttons will be maintained by using agencies.</P>
          <CITA>[22 FR 9693, Dec. 4, 1957]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.25</SECTNO>
          <SUBJECT>Accolade and Gold Star lapel button.</SUBJECT>
          <P>(a) As a token of appreciation and in recognition of services rendered by those who died in the service of their country, an Accolade signed by the President is issued to the next of kin of record of all military personnel whose death occurred in line of duty during World War II, December 7, 1941, to July 25, 1947, both dates inclusive, and in Korea during military operations from June 27, 1950, to July 27, 1954, inclusive. The Accolade is also issued to the next of kin of civilians who died overseas or as a result of injury or disease contracted while serving in a civilian capacity with the Armed Forces of the United States during the dates and/or in the areas prescribed above in connection with military personnel.</P>
          <P>(1) The Accolade reads as follows:
          </P>
          <EXTRACT>
            <P>In grateful memory of————————— who died in the service of his (her) country at—————————. He (she) stands in the unbroken line of patriots who have dared to die that freedom might live and grow, and increase its blessings. Freedom lives, and through it he (she) lives—in a way that humbles the undertakings of most men. (Facsimile signature) President of the United States.</P>
          </EXTRACT>
          
          <P>(2) Accolades will be issued by The Adjutant General upon receipt of reports of death.</P>
          <P>(b) In order to provide an appropriate identification for widows, parents, and certain next of kin of members of the Armed Forces of the United States who lost their lives in World War I, April 6, 1917 to March 3, 1921; World War II, September 8, 1939 to July 25, 1947; Korean operations, June 27, 1950 to July 27, 1954; or during any subsequent war or period of armed hostilities in which the United States may be engaged, a Gold Star lapel button was established by an Act of Congress on August 1, 1947.</P>
          <P>(1) The Gold Star lapel button consists of a gold star on a purple circular background, bordered in gold and surrounded by gold laurel leaves. On the reverse is the inscription “United States of America, Act of Congress, August 1947,” with space for engraving the initials of the recipient.</P>
          <P>(2) One Gold Star lapel button will be furnished without cost to the widow or widower and to each of the parents of a member of the Armed Forces who lost his or her life while in the active military service during the periods indicated above. The term “widow or widower” includes those who have since remarried, and the term “parents” included mother, father, stepmother, stepfather, mother through adoption, father through adoption, and foster parents who stood in loco parentis.</P>

          <P>(3) One Gold Star lapel button will be furnished at cost price to each child, stepchild, child through adoption, brother, half brother, sister, and half sister of a member of the Armed Forces <PRTPAGE P="410"/>who lost his or her life during any period indicated herein.</P>
          <P>(4) Letter applications for Gold Star lapel buttons may be submitted to The Adjutant General or to the Commanding Officer, Army Records Center, 9700 Page Boulevard, St. Louis, Missouri 63132, by eligible next of kin of deceased Army personnel enumerated in paragraphs (b) (2) and (3) of this section.</P>
          <P>(5) Under the act, only one Gold Star lapel button will be furnished to eligible individuals, except that whenever a Gold Star lapel button has been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it was furnished, such button may be replaced at cost price upon application to The Adjutant General. Private manufacture and/or sale of the Gold Star lapel button is prohibited. The design will not be incorporated in any manner in any article manufactured commercially or privately. The law prescribes a fine of $1,000 and/or imprisonment for 2 years as a penalty for unauthorized wearing or counterfeiting of the Gold Star lapel button, or for possessing a counterfeit of this button.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.25a</SECTNO>
          <SUBJECT>Certificate of Honorable Service and Record Service (Deceased Military Personnel).</SUBJECT>
          <P>(a) <E T="03">Certificate of Honorable Service.</E> A Certificate of Honorable Service (DA Form 1563) is issued to the closest next of kin of record in recognition of services rendered by those who die in line of duty while in active military service in time of peace when the Accolade is not appropriate.</P>
          <P>(1) The certificate reads as follows:
          </P>
          <EXTRACT>
            <P>Honorable Service in the Armed Forces of the United States of America. This is to certify that—————————————died while in the service of our country as a member of the Army of the United States on the———————day of——————— This certificate is awarded as a testimonial of Honest and Faithful Service. (Signature) Secretary of the Army.</P>
          </EXTRACT>
          
          <P>(2) Certificates of Honorable Service will be issued by The Adjutant General upon receipt of reports of death.</P>
          <P>(b) <E T="03">A Record of Service—Deceased Military Personnel (DA Form 53A).</E> Form 53A will be issued for all military personnel who die while in the active military service or while taking inactive status training as reservists not on active duty, regardless of line of duty status. Commanding officer having custody of the individual's rec-ords at time of death will prepare the form in duplicate. The original will be forwarded to the closest next of kin of record of the deceased individual in the following order: Widow or widower, eldest son, eldest daughter, father, mother, eldest brother, eldest sister, eldest grandchild.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.25b</SECTNO>
          <SUBJECT>Certificate of Achievement.</SUBJECT>
          <P>Commanding officers may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual United States military personnel and United States civilian citizens a Certificate of Achievement.</P>
          <P>(a) The Certificate of Achievement may be devised locally by commanding officers and issued under such regulations as they may prescribe; may be printed or lithographed; and may bear reproductions of authorized insignia. A Certificate of Achievement may be used locally for awarding the Good Conduct Medal.</P>
          <P>(b) No distinguishing device is authorized for wear to indicate the receipt of a Certificate of Achievement.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.25c</SECTNO>
          <SUBJECT>Special Certificate of Achievement for Public and Community Relations.</SUBJECT>

          <P>(a) A Special Certificate of Achievement for issuance to information media, civic, fraternal, and other types of organizations and groups who have actively supported the Army in its public and community relations efforts, including the Reserve Forces Program, has been established. This special certificate is designed to give official Department of the Army recognition to civilian groups and organizations who have made an exceptional contribution to the development of public understanding of the Army, gaining for it greater public confidence and support. Consideration should be given to the award of this certificate as an expression of the appreciation of the Army <PRTPAGE P="411"/>for the service rendered by civilian organizations which have contributed directly to improved relationship between members of local military commands and civilian communities. The award may be made in recognition of service rendered over a prolonged period of time, or for a specific one-time program or service considered to be so outstanding as to merit commendation by the Secretary of the Army.</P>
          <P>(b) Letter recommendations for issuance of the Special Certificate of Achievement for Public and Community Relations will be submitted to the Chief of Information, Department of the Army, Washington, DC 20310, through military channels. Recommendations will include a detailed description of the contributions made by the nominee, the inclusive dates of the period during which the contributions were made, and a proposed citation. The value of these contributions to the Army must be clearly indicated. No distinguishing device is authorized for wear by members of the cited organization.</P>
          <P>(c) Presentation of the special certificate will be made in a manner commensurate with the significance of the award.</P>
          <CITA>[22 FR 9693, Dec. 4, 1957]</CITA>
        </SECTION>
      </SUBJGRP>
      <SUBJGRP>
        <HD SOURCE="HED">Service Medals</HD>
        <SECTION>
          <SECTNO>§ 578.26</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <P>(a) <E T="03">Purpose.</E> Service (campaign) medals denote honorable performance of military duty within specified limiting dates in specified geographical areas. With the exception of the Medal of Humane Action and the Armed Forces Reserve Medal they are awarded only for active Federal military service.</P>
          <P>(b) <E T="03">Awarding.</E> Awarding of service medals is effected pursuant to announcement of criteria by the Secretary of the Army in Department of the Army Bulletins or General Orders. A service medal thus is automatically awarded to each individual who meets the published criteria. Orders are not required.</P>
          <P>(c) <E T="03">Requisitioning.</E> Service medals for service prior to World War I will not be requisitioned for display purposes since only minimum essential quantities are available for issue to authorized recipients.</P>
          <P>(d) <E T="03">Duplicating awards.</E> Not more than one service medal will be awarded for service involving identical or overlapping periods of time, except that each of the following groups of service medals may be awarded to an individual provided he meets the criteria prescribed hereinafter.</P>
          <P>(1) World War I Victory Medal and Mexican Service Medal.</P>
          <P>(2) World War II Victory Medal and one or more of the campaign medals for that war.</P>
          <P>(3) Medal for Humane Action and Army of Occupation Medal.</P>
          <P>(4) National Defense Medal, Korean Service Medal, and United Nations Service Medal.</P>
          <P>(5) Armed Forces Reserve Medal and any other service medal listed hereinafter.</P>
          <CITA>[26 FR 6436, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.27</SECTNO>
          <SUBJECT>Good Conduct Medal.</SUBJECT>
          <P>(a) <E T="03">Purpose.</E> The Good Conduct Medal, established by Executive Order 8809 and amended by Executive Order 9323 and by Executive Order 10444 is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes himself from among his fellow soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status. There is no right or entitlement to the medal until the immediate commander has made positive recommendation for its award, and until the awarding authority has announced the award in General Orders. To qualify for an award of the Good Conduct Medal, an enlisted person must meet specified criteria throughout a specified period of continuous enlisted active Federal military service, as outlined in this section.</P>
          <P>(b) <E T="03">Awarding authority.</E> General and field grade officer commanders are authorized to award the Good Conduct Medal (original and subsequent awards) to enlisted personnel serving under their command jurisdiction who meet the established criteria. This delegated authority is limited to service during the 36 calendar months immediately <PRTPAGE P="412"/>preceding the date of current considerations. Personnel processing installation or activity commanders are prohibited from awarding the Good Conduct Medal to personnel other than members of their own permanent party.</P>
          <P>(c) <E T="03">Special provisions.</E> (1) Qualifying periods of service must be continuous enlisted active Federal military service. When an interval in excess of 24 hours occurs between enlistments, that portion of service prior to the interruption is not creditable toward an award.</P>
          <P>(2) Entry into service as a cadet or midshipman at any United States service academy or discharge from enlisted status for immedate entry on active duty in an officer status is considered termination of service for the purpose of awarding the Good Conduct Medal.</P>
          <P>(3) A qualified person scheduled for separation from active Federal military service should receive the award at his last duty station. Such award is authorized up to 30 days prior to the soldier's departure en route to a separation processing installation in CONUS or overseas. Orders announcing such advance awards will indicate the closing date of periods for the award prefixed with “DOSOA” (indicating “Date of separation on or about”).</P>
          <P>(4) An award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service.</P>
          <P>(5) Discharge under provisions of AR 635-205 for immediate (re) + enlistment is not termination of service.</P>
          <P>(6) Retroactive awards will be made only by The Adjutant General after favorable consideration of requests, submitted through channels, which include adequate evidence of injustice.</P>
          <P>(d) <E T="03">Qualifying periods of service.</E> Any one of the following periods of continuous enlisted active Federal military service qualifies for award of the Good Conduct Medal or of a Clasp, in conjunction with the criteria in paragraph (e) of this section.</P>
          <P>(1) Each 3 years completed on or after August 26, 1940.</P>
          <P>(2) For first award only, 1 year served entirely during the period December 7, 1941 to March 2, 1946.</P>
          <P>(3) For the first award only, upon termination of service on or after June 27, 1950, of less than 3 years but more than 1 year.</P>
          <P>(4) For first award only, upon termination of service, on or after June 27, 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.</P>
          <P>(e) <E T="03">Criteria.</E> Throughout a qualifying period each enlisted person must meet all of the following criteria for an award.</P>
          <P>(1) All conduct (character) and efficiency ratings must be recorded as “Excellent” except that:</P>
          <P>(i) Ratings of “Unknown” for portions of the period under consideration are not disqualifying.</P>
          <P>(ii) Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to November 22, 1955 are not disqualifying.</P>
          <P>(2) No conviction by court-martial during the period.</P>
          <P>(3) The individual must not be serving in, nor have been serving at the time of separation in, an assignment of the type designated as “specially controlled duties” in AR 604-10.</P>
          <P>(f) <E T="03">Basis for recommendation.</E> Recommendation by the individual's immediate unit commander is required for award of the Good Conduct Medal by the approving authority. Such commander's recommendation will be based on his personal knowledge and on the individual's official records for periods of service under prior commanders during the period for which the award is to be made. The lack of official disqualifying comment by such previous commanders qualifies the use of such periods toward the award by current commander.</P>
          <P>(g) <E T="03">Clasp.</E> A good Conduct Medal Clasp is awarded for wear on the Good Conduct Medal suspension ribbon and service ribbon to denote a second or subsequent award of the medal. Not more than one Good Conduction Medal may be awarded to any one person.</P>
          <P>(h) <E T="03">Presentation.</E> Presentation of the Good Conduct Medal to military personnel may be made at troop formations.</P>
          <P>(i) <E T="03">Description.</E> The Good Conduct Medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is an eagle standing <PRTPAGE P="413"/>on a closed book and Roman sword, encircled by the words “Efficiency-Honor-Fidelity.” On the reverse is a five-pointed star and a scroll between the words “For Good” and “Conduct,” surrounded by a wreath formed by a laurel branch on the left and an oak branch on the right. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches long and 1<FR>3/8</FR> inches wide composed of stripes of red (<FR>1/16</FR> inch), white (<FR>1/16</FR> inch), red (<FR>1/16</FR> inch), white (<FR>1/16</FR> inch), red (<FR>1/16</FR> inch), white (<FR>1/16</FR> inch), red (<FR>5/8</FR> inch), white (<FR>1/16</FR> inch), red (<FR>1/16</FR> inch), white (<FR>1/16</FR> inch), red (<FR>1/16</FR> inch), white (<FR>1/16</FR> inch), and red (<FR>1/16</FR> inch).</P>
          <CITA>[26 FR 6436, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.28</SECTNO>
          <SUBJECT>Civil War Campaign Medal.</SUBJECT>
          <P>Established by WD General Orders 12, 1907.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is the head of Lincoln, nearly in profile, facing sinister, surrounded by the words “With malice toward none, with charity for all.” On the reverse are the words “The Civil War,” and below this the dates “1861-1865,” surrounded by a wreath formed by a branch of oak on the left and a branch of olive on the right, the stems joined at the bottom by a conventional knot. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a blue band (<FR>11/16</FR> inch) and a gray band (<FR>11/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service between April 15, 1861, and April 9, 1865, or in Texas between April 15, 1861, and August 20, 1866.</P>
          <CITA>[13 FR 6798, Nov. 18, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.29</SECTNO>
          <SUBJECT>Indian Campaign Medal.</SUBJECT>
          <P>Established by WD General Orders 12, 1907.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a mounted Indian facing sinister, wearing a war bonnet, and carrying a spear in his right hand. Above the horseman are the words “Indian Wars,” and below, on either side of a buffalo skull, the circle is completed by arrowheads, conventionally arranged. On the reverse is a trophy, composed of an eagle perched on a cannon supported by crossed flags, rifles, an Indian shield, spear, and quiver of arrows, a Cuban machete, and a Sulu kriss. Below the trophy are the words “For Service.” The whole is surrounded by a circle composed of the words “United States Army” in the upper half and thirteen stars in the lower half. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a red stripe (<FR>1/4</FR> inch), black stripe (<FR>3/16</FR> inch), red band (<FR>1/2</FR> inch), black stripe (<FR>3/16</FR> inch), and red stripe (<FR>1/4</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service in any of the following campaigns:</P>
          <P>(1) Southern Oregon, Idaho, northern California, and Nevada between 1865 and 1868.</P>
          <P>(2) Against the Comanches and confederate tribes in Kansas, Colorado, Texas, New Mexico, and Indian Territory between 1867 and 1875.</P>
          <P>(3) Modoc War between 1872 and 1873.</P>
          <P>(4) Against the Apaches in Arizona in 1873.</P>
          <P>(5) Against the Northern Cheyennes and Sioux between 1876 and 1877.</P>
          <P>(6) Nez Perce War in 1877.</P>
          <P>(7) Bannock War in 1878.</P>
          <P>(8) Against the Northern Cheyennes between 1878 and 1879.</P>
          <P>(9) Against the Sheep-Eaters, Piutes, and Bannocks between June and October, 1879.</P>
          <P>(10) Against the Utes in Colorado and Utah between September 1879 and November 1880.</P>
          <P>(11) Against the Apaches in Arizona and New Mexico between 1885 and 1886.</P>
          <P>(12) Against the Sioux in South Dakota between November 1890 and January 1891.</P>
          <P>(13) Against hostile Indians in any other action in which United States troops were killed or wounded between 1865 and 1891.</P>
          <CITA>[13 FR 6798, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.30</SECTNO>
          <SUBJECT>Spanish Campaign Medal.</SUBJECT>
          <P>Established by WD General Orders 5, 1905.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a conventional castle with the addition of two round-corner towers within a circle composed of the words “War with Spain” in the upper half and in the lower half the date “1898” at the <PRTPAGE P="414"/>bottom, with a branch of the tobacco plant on the left and a stalk of sugarcane on the right. The reverse is the same as that of the Indian Campaign Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a yellow stripe (<FR>1/8</FR> inch), blue band (<FR>3/8</FR> inch), a yellow band (<FR>3/8</FR> inch), blue band (<FR>3/8</FR> inch), and yellow stripe (<FR>1/8</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service ashore in or on the high seas en route to any of the following countries:</P>
          <P>(1) Cuba between May 11, 1898, and July 17, 1898.</P>
          <P>(2) Puerto Rico between July 14, 1898, and August 13, 1898.</P>
          <P>(3) Philippine Islands between June 30, 1898, and August 16, 1898.</P>
          <CITA>[13 FR 6798, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.31</SECTNO>
          <SUBJECT>Spanish War Service Medal.</SUBJECT>
          <P>Established by Act of Congress July 9, 1918.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a sheathed Roman sword hanging on a tablet on which is inscribed “For service in the Spanish War.” The tablet is surrounded by a wreath. On the reverse is the coat of arms of the United States with a scroll below, all surrounded by a wreath displaying the insignia of the Infantry, Artillery, and Cavalry. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a green stripe (<FR>1/8</FR> inch), yellow stripe (<FR>1/4</FR> inch), green band (<FR>5/8</FR> inch), yellow stripe (<FR>1/4</FR> inch), and green stripe (<FR>1/8</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service between April 20, 1898, and April 11, 1899, by persons not eligible for the Spanish Campaign Medal.</P>
          <CITA>[13 FR 6799, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.32</SECTNO>
          <SUBJECT>Army of Cuban Occupation Medal.</SUBJECT>
          <P>Established by WD General Orders 40, 1915.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is the coat of arms of the Cuban Republic, with wreath and fasces. Around the circumference are the words “Army of Occupation, Military Government of Cuba,” and above the shield the dates “1898” and “1902.” The reverse is the same as that of the Indian Campaign Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a blue stripe (<FR>1/16</FR> inch), red band (<FR>3/8</FR> inch), yellow stripe (<FR>1/16</FR> inch), blue band (<FR>3/8</FR> inch), yellow stripe (<FR>1/16</FR> inch), red band (<FR>3/8</FR> inch), and blue stripe (<FR>1/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service in Cuba between July 18, 1898, and May 20, 1902.</P>
          <CITA>[13 FR 6799, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.33</SECTNO>
          <SUBJECT>Army of Puerto Rican Occupation Medal.</SUBJECT>
          <P>Established by WD Compilation of Orders, Changes 15, February 4, 1919.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a conventional castle with the addition of two round-corner towers within a circle composed of the words “Army of Occupation, Porto Rico” in the upper half and in the lower half the date “1898” at the bottom, with a branch of the tobacco plant on the left and a stalk of sugarcane on the right. The reverse is the same as that of the Indian Campaign Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a red stripe (<FR>1/16</FR> inch), blue band (<FR>3/8</FR> inch), yellow stripe (<FR>1/16</FR> inch), red band (<FR>3/8</FR> inch), yellow stripe (<FR>1/16</FR> inch), blue band (<FR>3/8</FR> inch), and red stripe (<FR>1/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service in Puerto Rico between August 14, 1898, and December 10, 1898.</P>
          <CITA>[13 FR 6799, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.34</SECTNO>
          <SUBJECT>Philippine Campaign Medal.</SUBJECT>
          <P>Established by WD General Orders 5, 1905.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a conventional coconut-palm tree. On the left of it is a lamp of knowledge and on the right the scales of justice. The whole is in a circle composed of the words “Philippine Insurrection.” and the date “1899” at the bottom. The reverse is the same as that of the Indian Campaign Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR>
            <PRTPAGE P="415"/>inches in width composed of a blue stripe (<FR>1/16</FR> inch), red band (<FR>5/16</FR> inch), blue band (<FR>5/8</FR> inch), red band (<FR>5/16</FR> inch), and blue stripe (<FR>1/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service in the Philippine Islands under any of the following conditions:</P>
          <P>(1) Ashore between February 4, 1899, and July 4, 1902.</P>
          <P>(2) Ashore in the Department of Mindanao between February 4, 1899, and December 31, 1904.</P>
          <P>(3) In operations against the Pulajanes on Leyte between July 20, 1906, and July 30, 1907, or on Samar between August 2, 1904, and June 30, 1907.</P>
          <P>(4) With any of the following expeditions:</P>
          <P>(i) Against Pala on Jolo between April and May 1905.</P>
          <P>(ii) Against Datu Ali on Mindanao in October 1905.</P>
          <P>(iii) Against hostile Moros on Mount Bud-Dajo, Jolo, March 1906.</P>
          <P>(iv) Against hostile Moros on Mount Bagsac, Jolo, between January and July 1913.</P>
          <P>(v) Against hostile Moros on Mindanao or Jolo between 1910 and 1913.</P>
          <P>(5) In any other action against hostile natives in which United States troops were killed or wounded between February 4, 1899, and December 31, 1913.</P>
          <CITA>[13 FR 6799, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.35</SECTNO>
          <SUBJECT>Philippine Congressional Medal.</SUBJECT>
          <P>Established by Act of Congress June 29, 1906.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a group composed of a color bearer holding a flag of the United States and supported by two men with rifles on their shoulders, the three facing dexter. The flag extends to the rim between the words “Phillipine” and “Insurrection.” Below the group is the date “1899.” On the reverse are the words “For patriotism, fortitude, and loyalty” in a wreath composed of a branch of pine on the left and a branch of palm on the right, the stems joined by a conventional knot. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a blue stripe (<FR>1/16</FR> inch), white stripe (<FR>1/16</FR> inch), red stripe (<FR>1/8</FR> inch), white stripe (<FR>1/8</FR> inch), blue band (<FR>5/8</FR> inch), white stripe (<FR>1/8</FR> inch), red stripe (<FR>1/8</FR> inch), white stripe (<FR>1/16</FR> inch), and blue stripe (<FR>1/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service, meeting all the following conditions:</P>
          <P>(1) Under a call of the President entered the Army between April 21 and October 26, 1898.</P>
          <P>(2) Served beyond the date on which entitled to discharge.</P>
          <P>(3) Ashore in the Philippine Islands between February 4, 1899, and July 4, 1902.</P>
          <CITA>[13 FR 6799, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.36</SECTNO>
          <SUBJECT>China Campaign Medal.</SUBJECT>
          <P>Established by WD General Orders 5, 1905.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is the Imperial Chinese five-toed dragon with the head in full face in the middle, within a circle composed of the words “China Relief Expedition,” with the dates “1900-1901” at the bottom. The reverse is the same as that of the Indian Campaign Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of a blue stripe (<FR>1/16</FR> inch), a yellow band (1<FR>1/4</FR> inches), and a blue stripe (<FR>1/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service ashore in China with the Peking Relief expedition between June 20, 1900, and May 27, 1901.</P>
          <CITA>[13 FR 6799, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.37</SECTNO>
          <SUBJECT>Army of Cuban Pacification Medal.</SUBJECT>
          <P>Established by WD General Orders 96, 1909.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is the coat of arms of the Cuban Republic with wreath and fasces, supported by two American soldiers with rifles, at parade rest. Above the group are the words “Cuban Pacification,” below are the dates “1906-1909.” The reverse is the same as that of the Indian Campaign Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a red stripe (<FR>1/8</FR> inch), white stripe (<FR>1/8</FR> inch), blue stripe (<FR>1/8</FR> inch) olive-drab band (<FR>5/8</FR> inch), blue <PRTPAGE P="416"/>stripe (<FR>1/8</FR> inch), white stripe (<FR>1/8</FR> inch), and red stripe (<FR>1/8</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service in Cuba between October 6, 1906, and April 1, 1909.</P>
          <CITA>[13 FR 6799, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.38</SECTNO>
          <SUBJECT>Mexican Service Medal.</SUBJECT>
          <P>Established by WD General Orders 155, 1917.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is the Mexican Yucca plant in flower, with mountains in the background. Above the yucca plant are the words “Mexican Service” in the upper half and in the lower half the dates “1911-1917” arranged in a circle. The reverse is the same as that of the Indian Campaign Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a green stripe (<FR>1/8</FR> inch), yellow band (<FR>3/8</FR> inch), blueband (<FR>3/8</FR> inch), yellow band (<FR>3/8</FR> inch), and green stripe (<FR>1/8</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service in any of the following expeditions or engagements:</P>
          <P>(1) With the Vera Cruz Expedition in Mexico between April 24, 1914, and November 26, 1914.</P>
          <P>(2) With the Punitive Expedition in Mexico between March 14, 1916, and February 7, 1917.</P>
          <P>(3) In the following engagements:</P>
          <P>(i) Buena Vista, Mexico, December 1, 1917.</P>
          <P>(ii) San Bernardino Canon, Mexico, December 26, 1917.</P>
          <P>(iii) La Grulla, Texas, January 8 and 9, 1918.</P>
          <P>(iv) Pilares, Mexico, March 28, 1918.</P>
          <P>(v) Nogales, Arizona, August 27, 1918, or November 1 to 5, 1915.</P>
          <P>(vi) El Paso, Texas, and Juarez, Mexico, June 15 and 16, 1919.</P>
          <P>(vii) Any other action against hostile Mexicans in which United States troops were killed or wounded between April 12, 1911, and February 7, 1917.</P>
          <CITA>[13 FR 6799, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.39</SECTNO>
          <SUBJECT>Mexican Border Service Medal.</SUBJECT>
          <P>Established by Act of Congress July 9, 1918.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a sheathed Roman sword hanging on a tablet on which is inscribed “For service on the Mexican border.” The tablet is surrounded by a wreath. The reverse is the same as that of the Spanish War Service Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a green band (<FR>7/16</FR> inch), yellow band (<FR>1/2</FR> inch), and green band (<FR>7/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service between May 9, 1916 and March 24, 1917, or with the Mexican Border Patrol between January 1, 1916, and April 6, 1917, by persons not eligible for the Mexican Service Medal.</P>
          <CITA>[13 FR 6800, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.40</SECTNO>
          <SUBJECT>World War I Victory Medal.</SUBJECT>
          <P>Established by WD General Orders 48, 1919.</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 36 millimeters in diameter. On the obverse is a winged Victory standing full length and full face. On the reverse is the inscription “The Great War for Civilization” and the coat of arms for the United States surmounted by a fasces, and on either side the names of the Allied and Associated Nations. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 36 millimeters in width, composed of two rainbows placed in juxtaposition and having the red in the middle, with a white thread along each edge.</P>
          <P>(b) <E T="03">Requirements.</E> Service between April 6, 1917, and November 11, 1918, or with either of the following expeditions:</P>
          <P>(1) American Expeditionary Forces in European Russia between November 12, 1918, and August 5, 1919.</P>
          <P>(2) American Expeditionary Forces in Siberia between November 12, 1918, and April 1, 1920.</P>
          <P>(c) <E T="03">Clasps.</E> Two types of clasps are authorized.</P>
          <P>(1) <E T="03">Battle clasps—</E>(i) <E T="03">Requirements.</E> Combat service, one clasp for each campaign. The individual must have been actually present for duty under competent orders in the combat zone during the period in which the organization was engaged in combat. For service in an engagement not included in a named campaign, a defensive sector clasp will be awarded, not more <PRTPAGE P="417"/>than one such clasp being awarded to any individual regardless of the number of engagements.</P>
          <P>(ii) <E T="03">Description.</E> The clasp is a bronze bar <FR>1/8</FR> inch in width and 1<FR>1/2</FR> inches in length with the name of the campaign or the words “Defensive Sector” with a star at each end of the inscription.</P>
          <P>(2) <E T="03">Service clasps—</E>(i) <E T="03">Requirements.</E> Service in France, Italy, Siberia, European Russia, or England, as a member of a crew of a transport sailing between the United States and those countries, and by persons not eligible for battle clasps who served with the areas outlined above. Only one service clasp will be awarded to any individual.</P>
          <P>(ii) <E T="03">Description.</E> The clasp is a bronze bar <FR>1/8</FR> inch in width and 1<FR>1/2</FR> inches in length with the name of the country in which the service was performed inscribed thereon.</P>
          <P>(d) <E T="03">Service Stars—</E>(1) <E T="03">Requirements.</E> Possession of a battle clasp and/or defensive sector clasp is denoted by a bronze service star worn on the service ribbon of the medal, one bronze star for each clasp.</P>
          <P>(2) <E T="03">Description.</E> The service star is a bronze or silver five-pointed star <FR>3/16</FR> inch in diameter. A silver service star is authorized for wear in lieu of five bronze service stars.</P>
          <CITA>[13 FR 6800, Nov. 19, 1948, as amended at 17 FR 912, Jan. 31, 1952]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.41</SECTNO>
          <SUBJECT>Army of Occupation of Germany Medal.</SUBJECT>
          <P>Established by Act of November 21, 1941 (55 Stat. 781).</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a profile of General John J. Pershing, facing dexter in uniform of World War I. Around the upper edge are four, five-pointed stars, on the left the inscription “General John J. Pershing,” and on the right an unsheathed sword point up within a laurel wreath with the years “1918” and “1923.” On the reverse is an eagle with wings displayed and inverted standing on Castle Ehrenbreitstein within a circle composed of the words “U.S. Army of Occupation of Germany” and three, five-pointed stars. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, composed of a blue stripe (<FR>1/16</FR> inch), red stripe (<FR>1/16</FR> inch), white stripe (<FR>3/16</FR> inch), (black band (<FR>3/4</FR> inch), white stripe (<FR>3/16</FR> inch), red stripe (<FR>1/16</FR> inch), and blue stripe (<FR>1/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service in Germany or Austria-Hungary between November 12, 1918, and July 11, 1923.</P>
          <CITA>[13 FR 6800, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.42</SECTNO>
          <SUBJECT>American Defense Service Medal.</SUBJECT>
          <P>Established by Executive Order 8808 (3 CFR, 1943, Cum. Supp.).</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a female Grecian figure symbolic of defense, holding in her sinister hand an ancient war shield in reverse and her dexter hand brandishing a sword above her head, and standing upon a conventionalized oak branch with four leaves. Around the top is the lettering “American Defense.” On the reverse is the wording “For service during the limited emergency proclaimed by the President on September 8, 1939 or during the unlimited emergency proclaimed by the President on May 27, 1941” above a seven-leaved spray. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a golden yellow stripe (<FR>3/16</FR> inch), blue stripe (<FR>1/24</FR> inch), white stripe (<FR>1/24</FR> inch), red stripe (<FR>1/24</FR> inch) golden yellow band (<FR>3/4</FR> inch), red stripe (<FR>1/24</FR> inch), white stripe (<FR>1/24</FR> inch), blue stripe (<FR>1/24</FR> inch), and golden yellow stripe (<FR>3/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service between September 8, 1939, and December 7, 1941, under orders to active duty for a period of 12 months or longer.</P>
          <P>(c) <E T="03">Foreign service clasp—</E>(1) <E T="03">Requirements.</E> Service outside the continental limits of the United States, including service in Alaska, as a member of a crew of a vessel sailing ocean waters, as a member of an operating crew of an airplane participating in regular and frequent flights over ocean waters, or as an assigned member of an organization stationed outside the continental limits of the United States.</P>
          <P>(2) <E T="03">Description.</E> The clasp is a bronze bar <FR>1/8</FR> inch in width and 1<FR>1/2</FR> inches in length with the words “Foreign Service” with a star at each end of the inscription.<PRTPAGE P="418"/>
          </P>
          <P>(d) <E T="03">Service star—</E>(1) <E T="03">Requirements</E> Possession of a foreign service clasp is denoted by the wearing of a bronze service star on the service ribbon.</P>
          <P>(2) <E T="03">Description.</E> See § 578.40(d)(2).</P>
          <CITA>[13 FR 6800, Nov. 19, 1948, as amended at 17 FR 912, Jan. 31, 1952]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.43</SECTNO>
          <SUBJECT>Women's Army Corps Service Medal.</SUBJECT>
          <P>Established by Executive Order 9365 (3 CFR, 1943 Cum. Supp.)</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is the head of Pallas Athene in profile facing dexter, superimposed on a sheathed sword crossed with oak leaves and a palm branch within a circle composed of the words “Women's” in the upper half, and in the lower half “Army Corps.” On the reverse, within an arrangement of 13 stars, is a scroll bearing the words “For service in the Women's Army Auxiliary Corps” in front of the letters “U S” in lower relief at the top and perched on the scroll is an eagle with wings elevated and displayed, and at the bottom, the dates “1942-1943.” The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of an old gold stripe (<FR>1/8</FR> inch), moss-tone green band (1<FR>1/8</FR> inches), and old gold stripe (<FR>1/8</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service in both the Women's Army Auxiliary Corps between July 20, 1942, and August 31, 1943, and the Women's Army Corps between September 1, 1943, and September 2, 1945.</P>
          <CITA>[13 FR 6800, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.44</SECTNO>
          <SUBJECT>American Campaign Medal.</SUBJECT>
          <P>Established by Executive Order 9265 (3 CFR, 1943 Cum. Supp.)</P>
          <P>(a) <E T="03">Description.</E> A medal of bronze 1<FR>1/4</FR> inches in diameter. On the obverse a Navy cruiser under full steam with a B-24 airplane flying overhead with a sinking enemy submarine in the foreground on three wave symbols, in background a few buildings, representing the arsenal of democracy, above this scene and words “American Campaign.” On the reverse an American bald close eagle between the dates “1941-1945” and the words “United States of America.” The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a blue stripe (<FR>3/16</FR> inch), white stripe (<FR>1/16</FR> inch), black stripe (<FR>1/16</FR> inch), red stripe (<FR>1/16</FR> inch), white stripe (<FR>1/16</FR> inch), blue stripe (<FR>3/16</FR> inch), dark blue stripe (<FR>1/24</FR> inch), white stripe (<FR>1/24</FR> inch), red stripe (<FR>1/24</FR> inch), blue stripe (<FR>3/16</FR> inch), white stripe (<FR>1/16</FR> inch), red stripe (<FR>1/16</FR> inch), black stripe (<FR>1/16</FR> inch), white stripe (<FR>1/16</FR> inch), and blue stripe (<FR>3/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service within the American Theater between December 7, 1941, and March 2, 1946, under any of the following conditions:</P>
          <P>(1) On permanent assignment outside the continental limits of the United States.</P>
          <P>(2) Permanently assigned as a member of a crew of a vessel sailing ocean waters for a period of 30 consecutive days, or 60 days not consecutive.</P>
          <P>(3) Outside the continental limits of the United States in a passenger status or on temporary duty for 30 consecutive days or 60 days not consecutive.</P>
          <P>(4) In active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps, higher unit, or independent force that he actually participated in combat.</P>
          <P>(5) Within the continental limits of the United States for an aggregate period of 1 year.</P>
          <P>(c) <E T="03">Boundaries of the American Theater—</E>(1) <E T="03">Eastern boundary.</E> From the North Pole, south along the 75th meridian west longitude to the 77th parallel north latitude thence southeast through Davis Strait to the intersection of the 40th parallel north latitude and the 35th meridian west longitude, thence south along the meridian to the 10th parallel north latitude, thence southeast to the intersection of the Equator and the 20th meridian west longitude, thence south along the 20th meridian west longitude to the South Pole.</P>
          <P>(2) <E T="03">Western boundary.</E> From the North Pole, south along the 141st meridian west longitude to the east boundary of Alaska, thence south and southeast along the Alaska boundary to the Pacific Ocean, thence south along the 130th meridian to its intersection with the 30th parallel north latitude, thence <PRTPAGE P="419"/>southeast to the intersection of the Equator and the 100th meridian west longitude to the South Pole.</P>
          <P>(d) <E T="03">Service star—</E>(1) <E T="03">Requirements.</E> Combat service within the American Theater, one bronze service star for the Antisubmarine Campaign. The individual must have been assigned, or attached, to and present for duty with a unit credited with the Campaign.</P>
          <P>(2) <E T="03">Description.</E> See § 578.40(d)(2).</P>
          <CITA>[13 FR 6800, Nov. 19, 1948, as amended at 17 FR 912, Jan. 31, 1952]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.45</SECTNO>
          <SUBJECT>Asiatic-Pacific Campaign Medal.</SUBJECT>
          <P>Established by Executive Order 9265 (3 CFR, 1943 Cum. Supp.).</P>
          <P>(a) <E T="03">Description.</E> A medal of bronze 1<FR>1/4</FR> inches in diameter. On the obverse a tropical landing scene with a battleship, aircraft carrier, submarine and aircraft in the background with landing troops and palm trees in the foreground: above this scene the words “Asiatic-Pacific Campaign.” The reverse is the same as that of the American Campaign Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of an orange stripe (<FR>3/16</FR> inch), white stripe (<FR>1/16</FR> inch), red stripe (<FR>1/16</FR> inch), white stripe (<FR>1/16</FR> inch), orange stripe (<FR>1/4</FR> inch), blue stripe (<FR>1/24</FR> inch), white stripe (<FR>1/24</FR> inch), red stripe (<FR>1/24</FR> inch), orange stripe (<FR>1/4</FR> inch), white stripe (<FR>1/16</FR> inch), red stripe (<FR>1/16</FR> inch), white stripe (<FR>1/16</FR> inch), and orange stripe (<FR>3/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service within the Asiatic-Pacific Theater between December 7, 1941, and March 2, 1946, under any of the following conditions:</P>
          <P>(1) On permanent assignment.</P>
          <P>(2) In a passenger status or on temporary duty for 30 consecutive days or 60 days not consecutive.</P>
          <P>(3) In active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps, higher unit, or independent force that he actually participated in combat.</P>
          <P>(c) <E T="03">Boundaries of the Asiatic-Pacific Theater—</E>(1) <E T="03">Eastern boundary.</E> Coincident with the western boundary of the American Theater (§ 578.44(c)(2)).</P>
          <P>(2) <E T="03">Western boundary.</E> From the North Pole, south along the 60th meridian east longitude to its intersection with the east boundary of Iran, thence south along the Iran boundary to the Gulf of Oman and the intersection of the 60th meridian east longitude, thence south along the 60th meridian east longitude, to the South Pole.</P>
          <P>(d) <E T="03">Service star—</E>(1) <E T="03">Description.</E> See § 578.40(d)(2).</P>
          <P>(2) <E T="03">Requirements.</E> Combat service within the Asiatic-Pacific Theater, one bronze service star for each campaign. The individual must meet any of the following conditions:</P>
          <P>(i) Assigned, or attached, to and present for duty with a unit during the period in which it participated in combat.</P>
          <P>(ii) Under orders in the combat zone and in addition meets any of the following requirements:</P>
          <P>
            <E T="03">(a)</E> Awarded a combat decoration.</P>
          <P>
            <E T="03">(b)</E> Furnished a certificate by a commanding general of a corps, higher unit, or independent force that he actually participated in combat.</P>
          <P>
            <E T="03">(c)</E> Served at a normal post of duty (as contrasted to occupying the status of an inspector, observer, or visitor).</P>
          <P>
            <E T="03">(d)</E> Aboard a vessel other than in a passenger status and furnished a certificate by the home port commander of the vessel that he served in the combat zone.</P>
          <P>(iii) Was an evadee or escapee in the combat zone or recovered from a prisoner of war status in the combat zone during the time limitations of the campaign. Prisoners of war will not be accorded credit for the time spend in confinement or while otherwise in restraint under enemy control.</P>
          <P>(e) <E T="03">Arrowhead—</E>(1) <E T="03">Description.</E> The arrowhead is a bronze replica of an Indian arrowhead <FR>1/4</FR> inch in height and <FR>1/8</FR> inch in width.</P>
          <P>(2) <E T="03">Requirements.</E> Participated in a combat parachute jump, combat glider landing, or amphibious assault landing within the Asiatic-Pacific theater while assigned or attached as a member of an organized force carrying out an assigned tactical mission.</P>
          <CITA>[13 FR 6801, Nov. 19, 1948, as amended at 17 FR 912, Jan. 31, 1952]</CITA>
        </SECTION>
        <SECTION>
          <PRTPAGE P="420"/>
          <SECTNO>§ 578.46</SECTNO>
          <SUBJECT>European-African-Middle Eastern Campaign Medal.</SUBJECT>
          <P>Established by Executive Order 9265 (3 CFR, 1943 Cum. Supp.).</P>
          <P>(a) <E T="03">Description.</E> A medal of bronze 1<FR>1/4</FR> inches in diameter. On the obverse an LST landing craft and troops landing under fire with an airplane in background below the words “European-African-Middle Eastern Campaign.” The reverse is the same as that of the American Campaign Medal. The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a brown stripe (<FR>3/16</FR> inch), green stripe (<FR>1/16</FR> inch), white stripe (<FR>1/16</FR> inch), red stripe (<FR>1/16</FR> inch), green stripe (<FR>1/4</FR> inch), blue stripe (<FR>1/24</FR> inch), white stripe (<FR>1/24</FR> inch), red stripe (<FR>1/24</FR> inch), green stripe (<FR>1/4</FR> inch), white stripe (<FR>1/16</FR> inch), black stripe (<FR>1/16</FR> inch), white stripe (<FR>1/16</FR> inch), and brown stripe (<FR>3/16</FR> inch).</P>
          <P>(b) <E T="03">Requirements.</E> Service within the European-African-Middle Eastern —heater between December 7, 1941, and November 8, 1945, under any of the following conditions:</P>
          <P>(1) On permanent assignment.</P>
          <P>(2) In a passenger status or on temporary duty for 30 consecutive days or 60 days not consecutive.</P>
          <P>(3) In active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps, higher unit, or independent force that he actually participated in combat.</P>
          <P>(c) <E T="03">Boundaries of the European-African-Middle Eastern Theater—</E>(1) <E T="03">Eastern boundary.</E> Coincident with the western boundary of the Asiatic-Pacific Theater (§ 578.45(c)(2)).</P>
          <P>(2) <E T="03">Western boundary.</E> Coincident with the eastern boundary of the American Theater (§ 578.44(c)(1)).</P>
          <P>(d) <E T="03">Service star—</E>(1) <E T="03">Description.</E> See § 578.40(d)(2).</P>
          <P>(2) <E T="03">Requirements.</E> Service within the European-African-Middle Eastern Theater, one bronze service star for each campaign (AR 260-15). The individual must meet any of the following conditions:</P>
          <P>(i) Assigned, or attached, to and present for duty with a unit during the period in which it participated in combat.</P>
          <P>(ii) Under orders in the combat zone and in addition meets any of the following requirements:</P>
          <P>(<E T="03">a</E>) Awarded a combat decoration.</P>
          <P>(<E T="03">b</E>) Furnished a certificate by a commanding general of a corps, higher unit, or independent force that he actually participated in combat.</P>
          <P>(<E T="03">c</E>) Served at a normal post of duty (as contrasted to occupying the status of an inspector, observer, or visitor).</P>
          <P>(<E T="03">d</E>) Aboard a vessel other than in a passenger status and furnished a certificate by the home port commander of the vessel that he served in the combat zone.</P>
          <P>(iii) Was an evadee or escapee in the combat zone or recovered from a prisoner of war status in the combat zone during the time limitations of the campaign. Prisoners of war will not be accorded credit for the time spent in confinement or while otherwise in restraint under enemy control.</P>
          <P>(e) <E T="03">Arrowhead—</E>(1) <E T="03">Description.</E> See § 578.45(e)(1).</P>
          <P>(2) <E T="03">Requirements.</E> See § 578.45 (e) (2).</P>
          <CITA>[13 FR 6801, Nov. 19, 1948, as amended at 17 FR 912, Jan. 31, 1952]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.47</SECTNO>
          <SUBJECT>World War II Victory Medal.</SUBJECT>
          <P>Established by Act July 6, 1945 (59 Stat. 461; 10 U.S.C. 1430c).</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 36 millimeters in diameter. On the obverse is a figure of Liberation standing full length with head turned to dexter looking to the dawn of a new day, right foot resting on a war god's helmet with the hilt of a broken sword in the right hand and the broken blade in the left hand, the inscription “World War II” horizontally placed immediately below center. On the reverse are the inscriptions “Freedom from fear and want” and “Freedom of speech and religion” separated by a palm branch, all within a circle composed of the words “United States of America—1941-1945.” The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a double rainbow in juxtaposition (<FR>3/8</FR> inch), white stripe (<FR>1/32</FR> inch), red band (<FR>9/16</FR> inch), white stripe (<FR>1/32</FR> inch), and double rainbow in juxtaposition (<FR>3/8</FR> inch).<PRTPAGE P="421"/>
          </P>
          <P>(b) <E T="03">Requirements.</E> Service between December 7, 1941, and December 31, 1946, both dates inclusive.</P>
          <CITA>[13 FR 6802, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.48</SECTNO>
          <SUBJECT>Army of Occupation Medal.</SUBJECT>
          <P>Established by section I, WD General Orders 32, 1946:</P>
          <P>(a) <E T="03">Requirements.</E> Service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger status, temporary duty, or detached service) while assigned to any of the following armies of occupation:</P>
          <P>(1) Army of Occupation of Germany (exclusive of Berlin) between May 9, 1945, and May 5, 1955. (Service between May 9, and November 8, 1945, will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service prior to May 8, 1945.)</P>
          <P>(i) Service for the prescribed period with an organization which has been designated in Department of the Army general orders as having met the requirements for the Berlin airlift device on an individual basis in orders issued by appropriate field authority will qualify the individual for the award.</P>
          <P>(ii) The orders announcing the award of the Berlin airlift device will specifically award the Army of Occupation Medal to persons not otherwise eligible therefor.</P>
          <P>(2) Army of Occupation of Austria between May 9, 1945, and July 27, 1955. (Service between May 9, and November 8, 1945, will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service prior to May 9, 1945.)</P>
          <P>(3) Army of Occupation of Berlin between May 9, 1945, and a terminal date to be announced later. (Service between May 9, and November 8, 1945, will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service prior to May 9, 1945.)</P>
          <P>(4) Army of Occupation of Italy between May 9, 1945, and September 15, 1947, in the compartment of Venezia Giulia E Zara or Province of Udine, or with a unit in Italy as designated in DA General Orders 4, 1947. (Service between May 9, and November 8, 1945, will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service prior to May 9, 1945.)</P>
          <P>(5) Army of Occupation of Japan between September 3, 1945, and April 27, 1952, in the four main islands of Hokkaido, Honshu, Shokoku, and Kyushu, the surrounding small islands of the Japanese homeland, the Ryukyu Islands, and the Bonin-Volcano Islands. (Service between September 3, 1945, and March 2, 1946, will be counted only if the Asiatic-Pacific Campaign Medal was awarded for service prior to September 3, 1945. In addition, service which meets the requirements for the Korean Service Medal as prescribed in § 578.48b will not be counted in determining eligibility for this medal.)</P>
          <P>(6) Army Occupation of Korea between September 3, 1945, and June 29, 1949, inclusive. (Service between September 3, 1945, and March 2, 1946, will be counted only if the Asiatic-Pacific Campaign Medal was awarded for service prior to September 3, 1945.)</P>
          <P>(b) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse the Remagen Bridge abutments below the words “Army of Occupation.” On the reverse Fujiyama with a low hanging cloud over two Japanese junks above a wave scroll and the date “1945.” The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a white stripe (<FR>3/16</FR> inch), black band (<FR>1/2</FR> inch), red band (<FR>1/2</FR> inch), and white stripe (<FR>3/16</FR> inch).</P>
          <P>(c) <E T="03">Clasps—</E>(1) <E T="03">Requirements.</E> A clasp appropriately inscribed will be issued with each award of the Army of Occupation Medal to denote the area in which occupation duty was rendered.</P>
          <P>(2) <E T="03">Description.</E> The clasp is a bronze bar <FR>1/8</FR> inch in width and 1<FR>1/2</FR> inches in length with the word “Germany” or “Japan” inscribed thereon.</P>
          <P>(d) <E T="03">Berlin airlift device—</E>(1) <E T="03">Requirements.</E> Service for 90 consecutive days with a unit credited with participation in the Berlin airlift, or awarded the device by competent field authority on an individual basis.</P>
          <P>(2) <E T="03">Description.</E> The Berlin airlift device is a gold colored metal miniature <PRTPAGE P="422"/>of a C-54 type aircraft of <FR>3/8</FR>-inch wing span, other dimensions proportionate.</P>
          <CITA>[17 FR 912, Jan. 31, 1952, as amended at 20 FR 8190, Nov. 1, 1955]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.48a</SECTNO>
          <SUBJECT>Medal for Humane Action.</SUBJECT>
          <P>Established by the Act of July 20, 1949 (63 Stat. 447; 10 U.S.C. 1430d, Supp. III).</P>
          <P>(a) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. On the obverse is a facsimile of a C-54 airplane within a wreath of wheat centering at the bottom of the coat of arms of the city of Berlin, Germany. The reverse bears the eagle, shield, and arrows from the seal of the Department of Defense beneath the words “For Humane Action” and above the quotation “To Supply Necessities Of Life To The People of Berlin, Germany.” The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width, banded in black (<FR>9/32</FR> inch) on each edge symmetrically inclosing white strips (<FR>1/16</FR> inch) outside blue bands (<FR>9/32</FR> inch) followed by white stripes (<FR>3/64</FR> inch) centering one stripe of red (<FR>1/32</FR> inch).</P>
          <P>(b) <E T="03">Requirements</E>—(1) <E T="03">General.</E> Service for at least 120 days during the period June 26, 1948, and September 30, 1949, inclusive, within the boundaries of the Berlin airlift operations prescribed in paragraph (c) of this section, while participating in the Berlin airlift or in direct support thereof, by the following individuals:</P>
          <P>(i) Members of the Armed Forces of the United States.</P>
          <P>(ii) Persons other than members of the Armed Forces of the United States when recommended for meritorious participation.</P>
          <P>(2) <E T="03">Posthumous.</E> Awards may be made to those persons who lost their lives while participating in the Berlin airlift, or as a direct result of participating therein, without regard to the length of such service, provided all other requirements prescribed in subparagraph (1) of this paragraph have been complied with.</P>
          <P>(c) <E T="03">Boundaries of area of Berlin airlift operations—</E>(1) <E T="03">Northern Boundary.</E> 54th parallel north latitude.</P>
          <P>(2) <E T="03">Eastern boundary.</E> 14th meridian east longitude.</P>
          <P>(3) <E T="03">Southern boundary.</E> 48th parallel north latitude.</P>
          <P>(4) <E T="03">Western boundary.</E> 5th meridian west longitude.</P>
          <P>(d) <E T="03">Awards.</E> No individual will be awarded more than one Medal for Humane Action, regardless of the number of times he may qualify for an award.</P>
          <CITA>[15 FR 5993, Sept. 6, 1950, as amended at 16 FR 391, Jan. 16, 1951]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.48b</SECTNO>
          <SUBJECT>Korean Service Medal.</SUBJECT>
          <P>Established by Executive Order 10179, November 9, 1950 (3 CFR, 1950 Supp.).</P>
          <P>(a) <E T="03">Requirements.</E> Service between June 27, 1950, and July 27, 1954, under any of the following conditions:</P>
          <P>(1) Within the territorial limits of Korea or in the waters immediately adjacent thereto; or</P>
          <P>(2) With a unit under the operational control of CINCFE, other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military effort in Korea; or</P>
          <P>(3) Was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military effort in Korea.</P>
          <P>(4) The service prescribed must have been performed while:</P>
          <P>(i) On permanent assignment; or</P>
          <P>(ii) On temporary duty for 30 consecutive days or 60 days not consecutive; or</P>
          <P>(iii) In active combat against the enemy under conditions other than those prescribed in paragraphs (a)(4)(i) and (ii) of this section, provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.</P>
          <P>(b) <E T="03">Description.</E> The medal of bronze is 1<FR>1/4</FR> inches in diameter. (Design to be announced later.) The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a white stripe (<FR>1/32</FR> inch), United Nations blue band (<FR>19/32</FR> inch), white stripe (<FR>1/8</FR> inch), United Nations blue band (<FR>19/32</FR> inch), and white stripe (<FR>1/32</FR> inch).<PRTPAGE P="423"/>
          </P>
          <P>(c) <E T="03">Service star—</E>(1) <E T="03">Requirements.</E> Combat service within the Korean Theater between June 27, 1950, and a terminal date to be announced, one bronze service star for each campaign. Under any of the following conditions:</P>
          <P>(i) Assigned, or attached, to and present for duty with a unit during the period in which it participated in combat.</P>
          <P>(ii) Under order in the combat zone and in addition meets any of the following requirements:</P>
          <P>
            <E T="03">(a)</E> Awarded a combat decoration.</P>
          <P>
            <E T="03">(b)</E> Furnished a certificate by a commanding general of a corps, higher unit, or independent force that he actually participated in combat.</P>
          <P>
            <E T="03">(c)</E> Served at a normal post of duty (as contrasted to occupying the status of an inspector, observer, or visitor).</P>
          <P>
            <E T="03">(d)</E> Aboard a vessel other than in a passenger status and furnished a certificate by the home port commander of the vessel that he served in the combat zone.</P>
          <P>(iii) Was an evadee or escapee in the combat zone or recovered from a prisoner of war status in the combat zone during the time limitations of the campaign. Prisoners of war will not be accorded credit for the time spent in confinement or while otherwise in restraint under enemy control.</P>
          <P>(2) <E T="03">Description.</E> See § 578.40(d)(2).</P>
          <P>(d) <E T="03">Arrowhead—</E>(1) <E T="03">Requirements.</E> See § 578.45(e)(2).</P>
          <P>(2) <E T="03">Description.</E> See § 578.45 (e) (1).</P>
          <CITA>[17 FR 913, Jan. 31, 1952, as amended at 19 FR 9376, Dec. 31, 1954]</CITA>
          <EDNOTE>
            <HD SOURCE="HED">Editorial Note:</HD>
            <P>Executive Order 10179 was amended by Executive Order 10429, January 17, 1953, 18 FR 408 (3 CFR, 1953 Supp.).</P>
          </EDNOTE>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.48c</SECTNO>
          <SUBJECT>Armed Forces Reserve Medal.</SUBJECT>
          <P>Established by Executive Order 10163, as amended by Executive Order 10439. The reverse of this medal is struck in two designs for award to personnel whose Reserve component service has been primarily in the Organized Reserve or primarily in the National Guard. The first design portrays the Minute Man from the Organized Reserve Crest; the other design portrays the National Guard insignia.</P>
          <P>(a) <E T="03">Requirements.</E> Awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve components of the Armed Forces of the United States, including the Coast Guard Reserve and the Marine Corps Reserve, for a period of 10 years under the following conditions:</P>
          <P>(1) Such years of service must have been performed within a period of 12 consecutive years.</P>
          <P>(2) Each year of active or inactive honorable service prior to July 1, 1949, in any Reserve component listed in part 563 of this chapter, will be credited toward award. For service performed on or after July 1, 1949, a member must accumulate during each anniversary year a minimum of 50 retirement points as prescribed in part 563 of this chapter.</P>
          <P>(3) Service in a regular component of the Armed Forces, including the Coast Guard, is excluded except that service in a Reserve component which is concurrent in whole or in part with service in a regular component will be included.</P>
          <P>(4) Any period during which Reserve service is interrupted by one or more of the following will be excluded in computing, but will not be considered as a break in the period of 12 years:</P>
          <P>(i) Service in a regular component of the Armed Forces; or</P>
          <P>(ii) During tenure of office by any State official chosen by the voters of the entire State, territory, or possession; or</P>
          <P>(iii) During tenure of office of member of the legislative body of the United States or of any State, territory, or possession; and</P>
          <P>(iv) While serving as judge of a court of record of the United States, or of any State, territory, possession, or the District of Columbia.</P>
          <P>(b) <E T="03">Ten-year device.</E> One 10-year device is awarded for wear on the service ribbon and suspension ribbon of the Medal for each 10-year period of service accrued in addition to and under the conditions prescribed above for award of the Medal.</P>
          <CITA>[26 FR 6436, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.48d</SECTNO>
          <SUBJECT>United Nations Service Medal.</SUBJECT>

          <P>Established by United Nations General Assembly Resolution 483 (V), December 12, 1950. Presidential acceptance for the United States Armed <PRTPAGE P="424"/>Forces announced by the Department of Defense November 27, 1951 (directive number 110.23-3).</P>
          <P>(a) <E T="03">Requirements.</E> (1) Personnel to qualify must be:</P>
          <P>(i) Members of the Armed Forces of the United States dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea; or</P>
          <P>(ii) Other personnel dispatched to Korea or adjacent areas as members of paramilitary and quasimilitary units designated by the United States Government for service in support of United Nations action in Korea and certified by the United Nations Commander-in-Chief as having directly supported military operations there.</P>
          <NOTE>
            <HD SOURCE="HED">Note:</HD>
            <P>Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.</P>
          </NOTE>
          <P>(2) <E T="03">Service.</E> (i) Service shall be for periods provided in this section between June 27, 1950, inclusive, and a terminal date to be announced later by the Secretary General of the United Nations, under either of the following conditions:</P>
          <P>
            <E T="03">(a)</E> Within the territorial limits of Korea or the waters immediately adjacent thereto or in the air over Korea or over such waters; or</P>
          <P>
            <E T="03">(b)</E> With a national contingent designated by the United States Government for service in support of the United Nations action in Korea and certified by the United Nations Commander-in-Chief as having directly supported military operations in Korea.</P>
          <P>(ii) The service prescribed must have been performed while serving with any unit as provided in paragraph (a)(1) of this section as specified hereunder:</P>
          <P>
            <E T="03">(a)</E> While on an assignment to such unit for any period between the dates specified in paragraph (a)(2)(i) of this section; or</P>
          <P>
            <E T="03">(b)</E> While attached to such unit for a period of 30 days consecutive or nonconsecutive, between the dates specified in paragraph (a)(2)(i) of this section; or</P>
          <P>
            <E T="03">(c)</E> While on active combat against the enemy under conditions other than those prescribed in paragraphs (a)(2)(ii) (<E T="03">a</E>) and (<E T="03">b</E>) of this section, if a combat decoration has been awarded or an individual certificate testifying to such combat service has been furnished by the commander of an independent force or a division, ship, or air group, or comparable or higher unit.</P>
          <P>(b) <E T="03">Description.</E> The medal is of bronze alloy 1.4 inches in diameter. On the obverse is the emblem of the United Nations (a polar projection map of the world, taken from the North Pole, embraced in twin olive branches). On the reverse, within a rim, is the inscription “For Service in Defense of the Principles of the Charter of the United Nations.” The medal is suspended from a silk ribbon 2 inches in length and 1.33 inches in width, consisting of 17 stripes, 9 of United Nations blue and 8 of white, alternating, each stripe 0.08 inch in width. A bar 1.5 inches in length and 0.25 inch in width, bearing the word “Korea,” constitutes a part of the suspension of the medal from the ribbon.</P>
          <P>(c) <E T="03">Exclusions.</E> No personnel of the United Nations or of its specialized agencies or of any national government service other than as prescribed above, and no International Red Cross personnel engaged for service under the United Nations Commander-in-Chief with any United Nations relief team in Korea shall be eligible for the award of the medal.</P>
          <CITA>[17 FR 914, Jan. 31, 1952, as amended at 18 FR 3046, May 27, 1953; 18 FR 4218, July 18, 1953]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.48e</SECTNO>
          <SUBJECT>National Defense Service Medal.</SUBJECT>
          <P>Established by Executive Order 10448 (3 CFR, 1953 Supp.).</P>
          <P>(a) <E T="03">Requirements.</E> Honorable active service for any period between June 27, 1950, and a terminal date to be announced, both dates inclusive.</P>
          <P>(b) <E T="03">Exclusions.</E> For the purpose of this award, the following persons shall not be considered as performing active service:</P>
          <P>(1) Reserve component personnel on short tours of active duty to fulfill training obligations under an inactive training program.</P>
          <P>(2) Reserve component personnel on temporary active duty to serve on boards, courts, commissions, etc.</P>

          <P>(3) Any person on active duty for the sole purpose of undergoing a physical examination.<PRTPAGE P="425"/>
          </P>
          <P>(4) Any person on active duty for purposes other than for extended active duty.</P>
          <P>(c) <E T="03">Description.</E> The medal of bronze 1<FR>1/4</FR> inches in diameter. (Design to be announced later.) The medal is suspended by a ring from a silk moire ribbon 1<FR>3/8</FR> inches in length and 1<FR>3/8</FR> inches in width composed of a red band (<FR>7/16</FR> inch), white stripe (<FR>1/32</FR> inch), blue stripe (<FR>1/32</FR> inch), white stripe (<FR>1/32</FR> inch), red stripe (<FR>1/32</FR> inch), yellow band (<FR>1/4</FR> inch), red stripe (<FR>1/32</FR> inch), white stripe (<FR>1/32</FR> inch), blue stripe (<FR>1/32</FR> inch), white stripe (<FR>1/32</FR> inch), red band (<FR>7/16</FR> inch).</P>
          <P>(d) <E T="03">Appurtenances.</E> No appurtenances other than the service ribbon are authorized for use with the National Defense Service Medal.</P>
          <CITA>[18 FR 5449, Sept. 10, 1953]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.48f</SECTNO>
          <SUBJECT>Antarctica Service Medal.</SUBJECT>
          <P>Established by Public Law 86-600, as promulgated in DOD Instruction 1348.9, November 22, 1960.</P>
          <P>(a) <E T="03">Requirements.</E> Awarded to any person who after January 1, 1946, meets any of the following qualifications:</P>
          <P>(1) Any member of the Armed Forces of the United States or civilian citizen, or resident alien of the United States who, as a member of a U.S. expedition, participates in scientific, direct support, or exploratory operations on the Antarctic continent.</P>
          <P>(2) Any member of the Armed Forces of the United States or civilian citizen, or resident alien of the United States who, under the sponsorship and approval of competent U.S. Government authority participates in a foreign Antarctic expedition on that continent in coordination with a U.S. Antarctic expedition.</P>
          <P>(3) Any member of the U.S. Armed Forces who serves as a crew member of an aircraft flying to or from the Antarctic or within Antarctica in support of operations on that continent.</P>
          <P>(4) Any member of the U.S. Armed Forces who serves on a United States ship operating south of latitude 60° south in support of U.S. operations in Antarctica.</P>
          <P>(5) Any person, including citizens of foreign nations, not fulfilling any above qualification, who participates in a U.S. Antarctic expedition on that continent at the invitation of a participating U.S. agency. In such case, award will be made by the Secretary of the Department under whose cognizance the expedition falls, provided the commander of the military support force as senior U.S. representative in Antarctica considers that he has performed outstanding and exceptional service and shared the hardship and hazards of the expedition.</P>
          <P>(b) <E T="03">Clasps and discs.</E> Wintering over on the Antarctic continent is recognized by the award of the following:</P>
          <P>(1) A clasp bearing the words “Wintered over” for wear on the suspension ribbon of the medal; and</P>
          <P>(2) A disc bearing an inscribed outline of the Antarctic continent for wear on the service ribbon.</P>
          <FP>These appurtenances are awarded in bronze for the first winter, in gold for the second winter and in silver for the third winter.</FP>
          <P>(c) <E T="03">Miscellaneous provisions.</E> (1) No person may receive more than one award of the Antarctic Service Medal.</P>
          <P>(2) Not more than one clasp or disc will be worn on the ribbon.</P>
          <P>(3) No minimum time limits for participation are prescribed.</P>
          <P>(4) The Antarctic Service Medal takes precedence immediately after the Korean Service Medal.</P>
          <CITA>[26 FR 6437, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.48g</SECTNO>
          <SUBJECT>Armed Forces Expeditionary Medal.</SUBJECT>

          <P>Established by Executive Order 10977, dated 4 December 1961. This medal is authorized for:
          </P>
          <EXTRACT>
            <P>U.S. Military Operations.</P>
            <P>U.S. Operations in Direct Support of the United Nations.</P>
            <P>U.S. Operations of Assistance for Friendly Foreign Nations.</P>
          </EXTRACT>
          
          <P>(a) <E T="03">Definitions—</E>(1) <E T="03">Operation.</E> A military action, or the carrying out of a strategic, tactical, service, training, or administrative military mission; the process of carrying on combat including movement, supply, attack, defense, and maneuvers needed to gain the objectives of any battle or campaign.</P>
          <P>(2) <E T="03">Area of operations.</E> (i) The foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation.<PRTPAGE P="426"/>
          </P>
          <P>(ii) Adjacent water areas in which ships are operating, patrolling, or providing direct support of operations.</P>
          <P>(iii) The airspace above and adjacent to the area in which operations are being conducted.</P>
          <P>(3) <E T="03">Direct support.</E> Services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area; and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.</P>
          <P>(b) <E T="03">Requirements.</E> Awarded for services after 1 July 1958, meeting the qualifications set forth below:</P>
          <P>(1) <E T="03">General.</E> Personnel must be a bona fide member of a unit engaged in the operation, or meet one or more of the following criteria:</P>
          <P>(i) Shall serve not less than 30 consecutive days in the area of operations.</P>
          <P>(ii) Be engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days, provided this support involves entering the area of operations.</P>
          <P>(iii) Serve for the full period where an operation is of less than 30 days' duration.</P>
          <P>(iv) Be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area.</P>
          <P>(v) Participate as a regularly assigned crewmember of an aircraft flying into, out of, within, or over the area in support of the military operation.</P>
          <P>(vi) Be recommended, or attached to a unit recommended, by the chief of a service or the commander of a unified or specified command for award of the medal, although the criteria above have not been fulfilled. Such recommendations may be made to the Joint Chiefs of Staff for duty of such value to the operation as to warrant particular recognition.</P>
          <P>(c) <E T="03">Designated areas and dates—</E>(1) <E T="03">U.S. military operation dates.</E> (i) Berlin—from 14 August 1961 to 1 June 1963.</P>
          <P>(ii) Lebanon—from 1 July 1958 to 1 November 1958.</P>
          <P>(iii) Quemoy and Matsu Islands— from 23 August 1958 to 1 June 1963. Taiwan Straits—from 23 August 1958 to 1 January 1959.</P>
          <P>(iv) Cuba—from 24 October 1962 to 1 June 1963.</P>
          <P>(2) <E T="03">U.S. operations in direct support of the United Nations.</E> Congo—from 14 July 1960 to 1 September 1962.</P>
          <P>(3) <E T="03">U.S. operations of assistance for a friendly foreign nation.</E> (i) Laos—from 19 April 1961 to 7 October 1962.</P>
          <P>(ii) Vietnam—From 1 July 1958 to a date to be announced.</P>
          <FP>Future area of operations will be announced as required.</FP>
          <CITA>[29 FR 582, Jan. 22, 1964]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.49</SECTNO>
          <SUBJECT>Service ribbons.</SUBJECT>
          <P>A ribbon identical in color with the suspension ribbon of the service medal it represents, attached to a bar 1<FR>3/8</FR> inches in width and <FR>3/8</FR> inch in length, equipped with a suitable attaching device. A service ribbon is issued with each service medal.</P>
          <CITA>[17 FR 914, Jan. 31, 1952]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.49a</SECTNO>
          <SUBJECT>Philippine service ribbons.</SUBJECT>
          <P>(a) <E T="03">Philippine Defense Ribbon.</E> Established by General Orders 8, Army Headquarters, Commonwealth of the Philippines, 1944.</P>
          <P>(1) <E T="03">Description.</E> A silk moire ribbon <FR>3/8</FR> inch in length and 1<FR>3/8</FR> inches in width composed of a red stripe (<FR>7/32</FR> inch), a white stripe (<FR>3/16</FR> inch), red band (<FR>9/16</FR> inch), a white stripe (<FR>3/16</FR> inch), and a red stripe (<FR>7/32</FR> inch); in the center of the red band, three white stars <FR>1/8</FR>-inch circumscribed diameter, centers placed on extremities of an imaginary equilateral triangle <FR>1/4</FR>-inch on each side with one point of each star outward and centered in radiated center lines.</P>
          <P>(2) <E T="03">Requirements.</E> Service in the defense of the Philippines from December 8, 1941, to June 15, 1942, under either of the following conditions:</P>
          <P>(i) Participated in any engagement against the enemy in Philippine territory, in Philippine waters, or in the air over the Philippines or over Philippine waters. An individual will be considered as having participated in an engagement if he:</P>
          <P>
            <E T="03">(a)</E> Was a member of the defense garrison of the Bataan Peninsula or of the fortified islands at the entrance to Manila Bay; or<PRTPAGE P="427"/>
          </P>
          <P>
            <E T="03">(b)</E> Was a member of and present with a unit actually under enemy fire or air attack; or</P>
          <P>
            <E T="03">(c)</E> Served on a ship which was under enemy fire or air attack: or</P>
          <P>
            <E T="03">(d)</E> Was a crew member or passenger in an airplane which was under enemy aerial or ground fire.</P>
          <P>(ii) Assigned or stationed in Philippine territory or in Philippine waters for not less than 30 days during the period.</P>
          <P>(3) <E T="03">Bronze service star—</E>(i) <E T="03">Description.</E> See § 578.40(d)(2).</P>
          <P>(ii) <E T="03">Requirements.</E> Individuals who meet both of the conditions set forth in paragraph (a)(2) of this section, are authorized to wear a bronze service star on the ribbon.</P>
          <P>(b) <E T="03">Philippine Liberation Ribbon.</E> Established by General Orders 8, Army Headquarters, Commonwealth of the Philippines, 1944.</P>
          <P>(1) <E T="03">Description.</E> A silk moire ribbon <FR>3/8</FR> inch in length and 1<FR>3/8</FR> inches in width composed of a red band (<FR>7/32</FR> inch), blue stripe (<FR>1/8</FR> inch), white stripe (<FR>1/8</FR> inch), and a red band (<FR>9/16</FR> inch).</P>
          <P>(2) <E T="03">Requirements.</E> Service in the liberation of the Philippines from October 17, 1944, to September 3, 1945, under any of the following conditions:</P>
          <P>(i) Participated in the initial landing operations on Leyte or adjoining islands from October 17, 1944, to October 20, 1944. An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crew member of an airplane which flew over Philippine territory during the period.</P>

          <P>(ii) Participated in any engagement against the enemy during the campaign on Leyte and adjoining islands. An individual will be considered as having participated in combat if he meets any of the conditions set forth in paragraphs (a)(2)(i) (<E T="03">b</E>), (<E T="03">c</E>), and (<E T="03">d</E>) of this section.</P>

          <P>(iii) Participated in any engagement against the enemy on islands other than those included in paragraphs (b)(2)(i) of this section. An individual will be considered as having participated in combat if he meets any of the conditions set forth in paragraphs (a)(2)(i) (<E T="03">b</E>), (<E T="03">c</E>), and (<E T="03">d</E>) of this section.</P>
          <P>(iv) Served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.</P>
          <P>(3) <E T="03">Bronze service star—</E>(i) <E T="03">Description.</E> See § 578.40(d)(2).</P>
          <P>(ii) <E T="03">Requirements.</E> Individuals who meet more than one of the conditions set forth above are authorized to wear a bronze service star on the ribbon for each additional condition under which they qualify other than that under which they are eligible for the initial award of the ribbon.</P>
          <P>(c) <E T="03">Philippine Independence Ribbon.</E> Established by General Orders 383, Army Headquarters, Commonwealth of the Philippines, 1946.</P>
          <P>(1) <E T="03">Description.</E> A silk moire ribbon <FR>3/8</FR> inch in length and 1<FR>3/8</FR> inches in width composed of a yellow stripe (<FR>1/8</FR> inch), blue stripe (<FR>3/8</FR> inch), red stripe (<FR>3/32</FR> inch), white stripe (<FR>3/16</FR> inch), red stripe (<FR>3/32</FR> inch), blue stripe (<FR>3/8</FR> inch), and yellow stripe (<FR>1/8</FR> inch).</P>
          <P>(2) <E T="03">Requirements.</E> Army personnel who are recipients of the Philippine Defense and/or Philippine Liberation Ribbons are eligible for the award of the Philippine Independence Ribbon.</P>
          <CITA>[14 FR 6265, Oct. 14, 1949, as amended at 17 FR 914, Jan. 31, 1952; 18 FR 4218, July 18, 1953]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.49b</SECTNO>
          <SUBJECT>United Nations Medal.</SUBJECT>
          <P>Established by the United Nations Secretary-General, July 30, 1959. Presidential acceptance for the United States Armed Forces announced by Department of Defense Instruction 1348.10, December 6, 1960.</P>
          <P>(a) <E T="03">Eligibility.</E> Personnel to qualify for award must be or have been in the service of the United Nations, for a period not less than 6 months, with one of the following:</P>
          <P>(1) United Nations Observation Group in Lebanon (UNOGIL)</P>
          <P>(2) United Nations Truce Supervision Organization in Palestine (UNTSOP),</P>
          <P>(3) United Nations Military Observer Group in India and Pakistan (UNMOGIP).</P>
          <P>(b) <E T="03">Awards.</E> Awards are made by the United Nations Secretary-General, or in his name by officials to whom he delegates awarding authority.</P>
          <P>(c) <E T="03">Presentation.</E> Presentation normally will be made in the field by the Senior Representative of the Secretary-General who makes the award. <PRTPAGE P="428"/>When presentation is not so accomplished, any person who believes himself eligible for award may submit to The Adjutant General, ATTN: AGPS-AD a request for such award with copy of any substantiating documents. The Adjutant General will forward each such request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the United Nations for consideration.</P>
          <CITA>[26 FR 6437, July 18, 1961]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.52</SECTNO>
          <SUBJECT>Miniature service medals and appurtenances.</SUBJECT>
          <P>(a) <E T="03">Description.</E> Miniature service medals and appurtenances are replicas of the corresponding service medals and appurtenances, on a scale of <FR>1/2</FR>.</P>
          <P>(b) <E T="03">Wearing.</E> Miniature service medals with miniature appurtenances are worn attached to a bar on the left lapel of military and civilian evening clothes only.</P>
          <CITA>[13 FR 6802, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.53</SECTNO>
          <SUBJECT>Miniature service ribbons.</SUBJECT>
          <P>(a) <E T="03">Description.</E> Miniature service ribbons are replicas of corresponding service ribbons, on a scale of <FR>1/2</FR>.</P>
          <P>(b) <E T="03">Wearing.</E> Miniature service ribbons with miniature appurtenances are worn attached to a bar on civilian clothes only.</P>
          <CITA>[13 FR 6802, Nov. 19, 1948]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.54</SECTNO>
          <SUBJECT>Lapel buttons.</SUBJECT>
          <P>(a) Enameled reproductions of the service ribbons of all service medals, except the World War I and World War II Victory Medal, are authorized.</P>
          <P>(1) <E T="03">Eligibility requirements.</E> Same as for the service medals listed in §§ 578.27 through 578.39, 578.41 through 578.46, 578.48 through 578.48c, and 578.48e.</P>
          <P>(2) <E T="03">Description.</E> The lapel button is <FR>21/32</FR>-inch in width and <FR>1/8</FR>-inch in length in colored enamel, being a reproduction of the service ribbon.</P>
          <P>(b) World War I Victory button (World War I Victory Medal lapel button).</P>
          <P>(1) <E T="03">Eligibility requirements.</E> Honorable service during the period April 6, 1917, to November 11, 1918, or service with the—</P>
          <P>(i) American Expeditionary Forces in European Russia between November 12, 1918, and August 5, 1919; or</P>
          <P>(ii) American Expeditionary Forcesin Siberia between November 12, 1918, and April 1, 1920.</P>
          <P>(2) <E T="03">Description.</E> A five-pointed star <FR>5/8</FR>-inch in diameter on a wreath with the letters “US” in the center. For persons wounded in action, the lapel button is of silver; for all others, of bronze.</P>
          <P>(c) Honorable service lapel button (World War II Victory Medal lapel button).</P>
          <P>(1) <E T="03">Eligibility requirements.</E> Honorable Federal military service between September 8, 1939, and December 31, 1946.</P>
          <P>(2) <E T="03">Description.</E> A button of gold-color metal and consists of an eagle perched within a ring composed of a chief and 13 vertical stripes. The button is <FR>7/16</FR>-inch in height and <FR>5/8</FR>-inch in width.</P>
          <P>(d) Lapel button for service rendered prior to 8 September 1939 (World War II Victory Medal lapel button).</P>
          <P>(1) <E T="03">Eligibility requirements.</E> (i) The following persons are entitled to wear this lapel button:</P>
          <P>
            <E T="03">(a)</E> Those who have served honorably as enlisted men, field clerks, warrant officers, nurses, or commissioned members of the military forces in time of war.</P>
          <P>
            <E T="03">(b)</E> Those who have served honorably in the Army of the United States and have been trained and qualified in the grade of private or in a higher grade, including contract surgeons and veterinarians, warrant officers, nurses, and commissioned officers.</P>
          <P>
            <E T="03">(c)</E> Those who have served honorably in a military unit conducted under the War Department, or have been trained and qualified as a private or in a higher grade.</P>
          <P>(ii) Except where other regulations govern, the length of service and training required for qualification for the lapel button for service rendered prior to September 8, 1939, will be as follows, such service and training to have been considered honorable and satisfactory by the commanding officer:</P>
          <P>
            <E T="03">(a)</E> Two months' service in the Regular Army.</P>
          <P>
            <E T="03">(b)</E> One year's service in the National Guard.<PRTPAGE P="429"/>
          </P>
          <P>
            <E T="03">(c)</E> One year's service in the Enlisted Reserve Corps, including 15 days' training on active or inactive duty, or equivalent training during another year.</P>
          <P>
            <E T="03">(d)</E> One year's service in the basic course of a senior Reserve Officers' Training Corps unit or in a junior Reserve Officers' Training Corps unit in an essentially military school.</P>
          <P>
            <E T="03">(e)</E> Two years' service in other junior Reserve Officers' Training Corps units and units given Government aid (section 55c, National Defense Act, and R. S. 1225).</P>
          <P>
            <E T="03">(f)</E> Two months' service in a citizens' military training camp or its equivalent.</P>
          <P>(iii) Next of kin are not authorized to wear the lapel button for service.</P>
          <P>(2) <E T="03">Description.</E> A button of gold-color metal and consists of an eagle perched within a ring which displays 7 white and 6 red vertical stripes with a blue chief bearing the words “National Defense.” The button is <FR>7/16</FR>-inch in height and <FR>5/8</FR>-inch in width.</P>
          <P>(e) <E T="03">Army lapel button—</E>(1) <E T="03">Eligibility requirements.</E> Honorable active Federal service in the Army of the United States for at least 1 year subsequent to December 31, 1946.</P>
          <P>(2) <E T="03">Description.</E> The minute man in gold-color metal on a red enamel disk surrounded by 16 pointed gold rays, outside diameter <FR>9/16</FR>-inch.</P>
          <CITA>[19 FR 9377, Dec. 31, 1954]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.56</SECTNO>
          <SUBJECT>Manufacture, sale, and illegal possession.</SUBJECT>
          <P>Sections 507.1 to 507.8 of this chapter prescribe:</P>
          <P>(a) Restrictions on manufacture and sale of service medals and appurtenances by civilians.</P>
          <P>(b) Penalties for illegal possession and wearing of service medals and appurtenances.</P>
          <CITA>[13 FR 6802, Nov. 19, 1948]</CITA>
        </SECTION>
      </SUBJGRP>
      <SUBJGRP>
        <HD SOURCE="HED">Badges</HD>
        <SOURCE>
          <HD SOURCE="HED">Source:</HD>
          <P>Sections 578.60 through 578.62 appear at 26 FR 6437, July 18, 1961, unless otherwise noted.</P>
        </SOURCE>
        <SECTION>
          <SECTNO>§ 578.60</SECTNO>
          <SUBJECT>Badges and tabs; general.</SUBJECT>
          <P>(a) <E T="03">Purpose.</E> The purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties. Awards of badges promote esprit de corps, and provide an incentive to greater effort, thus becoming instrumental in building and maintaining morale. Types of badges authorized to be awarded as hereinafter prescribed, are combat and special skill badges, qualification badges and identification badges.</P>
          <P>(b) <E T="03">Recommendations.</E> Recommendations for awards of badges will be forwarded through channels to the commander authorized herein to make the respective awards of to The Adjutant General, ATTN: AGPS-AD, as promptly as practicable following the individual's qualification.</P>
          <P>(c) <E T="03">Awards of badges—</E>(1) <E T="03">General.</E> Badges may be awarded in the field only by designated commanders. Commanders other than those to whom authority is delegated herein will forward recommendations for such awards through command channels to The Adjutant General, ATTN: AGPS-AD.</P>
          <P>(2) <E T="03">Posthumous awards.</E> When an individual who has qualified for a badge dies before the award is made, the award nevertheless may be made and the badge forwarded to the next of kin as indicated by the records of the Department of the Army, in the following precedence: Widow, or widower, eldest son, eldest daughter, father, mother, eldest brother, eldest sister, or eldest grandchild. Posthumous awards made by commanders outside the continental United States will be forwarded to The Adjutant General, ATTN: AGPS-AD.</P>
          <P>(3) <E T="03">Retroactive awards.</E> Retroactive awards of the Combat Infantryman Badge and Medical Badge will not be made. Exceptions are awards of Combat Infantryman Badge or Medical Badge made by The Adjutant General upon written request by individuals otherwise fully qualified who are recipients of decorations for heroism in combat.</P>
          <P>(d) <E T="03">Announcement of awards.</E> Except for identification badges, each award of a badge will be announced in special orders of commanders authorized herein to make the award or in letter orders of the Department of the Army.<PRTPAGE P="430"/>
          </P>
          <P>(e) <E T="03">Presentation of awards.</E> Whenever practicable, badges will be presented to military personnel with formal and impressive ceremony. Presentations should be made as promptly as possible following announcement of awards and, when practicable, in the presence of the troops with whom the recipients were serving at the time of qualification.</P>
          <P>(f) <E T="03">Supply of badges and appurtenances—</E>(1) <E T="03">Items issued by the Department of the Army:</E>
          </P>
          <P>(i) Combat and Special Skill badges.</P>
          <P>(ii) Qualification badges.</P>
          <P>(iii) Qualification badge bars.</P>
          <P>(iv) The Guard, Tomb of the Unknown Soldier identification badge (an item of organizational equipment).</P>
          <P>(2) <E T="03">Items not issued or sold by Department of the Army:</E> Identification badges, except as provided in paragraph (a) of this section.</P>
          <P>(i) Lapel buttons for badges.</P>
          <P>(ii) Certificates for badges.</P>
          <P>(iii) Foreign badges.</P>
          <P>(iv) Miniature combat infantryman and expert infantryman badges.</P>
          <P>(3) <E T="03">Requisition.</E> Initial issue or replacement for badge lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person whom it was awarded, will be made upon application, without charge to military personnel on active duty and at stock fund standard price to all others.</P>
          <P>(g) <E T="03">Character of service.</E> No badge will be awarded to any person who, subsequent to qualification therefor, has been dismissed, dishonorably discharged, or convicted of desertion by court-martial, except as provided in § 578.61(c).</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.61</SECTNO>
          <SUBJECT>Combat and special skill badges and tabs.</SUBJECT>
          <P>(a) <E T="03">Purpose.</E> Combat and special skill badges are awarded to denote proficiency in performance of duties under hazardous conditions and circumstances of extraordinary hardship as well as special qualifications and successful completion of prescribed courses of training.</P>
          <P>(b) <E T="03">To whom awarded.</E> (1) The Combat Infantryman Badge may be awarded only to members of the United States Army or Navy.</P>
          <P>(2) The Medical Badge may be awarded only to members of the United States Army or Navy.</P>
          <P>(3) All other combat and special skill badges may be earned by honorable active or inactive service, in or while formally assigned or attached to, the United States Army. Awards of United States Army combat and special skill badges to a foreigner will be made only with the prior consent of his parent government and upon completion of the full requirements established for each badge listed below.</P>
          <P>(c) <E T="03">Reinstatement of awards.</E> An award once revoked will not be reinstated automatically when, for any reason of conviction by court-martial for desertion in time of war is voided by competent authority.</P>
          <P>(d) <E T="03">Combat Infantryman Badge.—</E> (1) <E T="03">Eligibility requirements.</E> (i) An individual must be an infantry officer in the grade of colonel or below, or an enlisted man, or a warrant officer with infantry MOS, who subsequent to December 6, 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry unit of regimental or smaller size during any period such unit was engaged in active ground combat. Battle participating credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Awards may be made to assigned members of ranger infantry companies assigned or attached to tactical infantry organizations.</P>
          <P>(ii) Awards will not be made to general officers nor to members of headquarters companies of units larger in size than battle groups.</P>

          <P>(iii) Any officer whose basic branch is other than infantry who, under appropriate orders, has commanded an infantry unit of regimental or smaller size for at least 30 consecutive days is deemed to have been detailed in infantry and is eligible for the award of the Combat Infantryman Badge notwithstanding absence of written orders detailing him in the infantry provided all other requirements for such award have been met. Orders directing the individual to assume command will be confirmed in writing at the earliest practicable date.<PRTPAGE P="431"/>
          </P>
          <P>(iv) One award of the Combat Infantryman Badge is authorized to each individual for each separate war in which the requirements prescribed have been met. Second, third, and fourth awards are indicated by superposing 1, 2, and 3 stars respectively, centered at the top of the badge between the points of the oak wreath.</P>
          <P>(2) <E T="03">Who may award.</E> Commanding generals of infantry divisions and commanding officers of infantry battle groups, separate infantry battalions, and separate infantry companies.</P>
          <P>(e) <E T="03">Medical Badge—</E>(1) <E T="03">Eligibility requirements.</E> (i) A member of the Army Medical Service or of the Naval Medical Service assigned or attached to the Army, must have satisfactorily performed medical duties subsequent to December 6, 1941, while assigned or attached in a permanent status as a member of the medical detachment of an infantry unit of regimental or smaller size, or as a member of the medical platoon of an infantry or airborne battle group headquarters company, during any period the unit was engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.</P>
          <P>(ii) Awards of this badge will not be made to members of medical battalions, except when attached to an infantry unit as indicated above.</P>
          <P>(iii) One award of the medical badge is authorized to each individual for each war in which the above requirements are met. Successive awards are indicated by superimposing stars on the badge as follows: Second award, one star at the top center above the cross; third award, two stars, one at the top center above the cross and one at the bottom center of the wreath; fourth award, three stars, one at the top center above the cross, and one at each side of the wreath at the ends of the stretcher.</P>
          <P>(2) <E T="03">Who may award.</E> Same as for Combat Infantryman Badge.</P>
          <P>(f) <E T="03">Expert Infantryman Badge—</E>(1) <E T="03">Eligibility requirement.</E> An individual must be an infantry officer or enlisted man, or a warrant officer with an infantry MOS who has satisfactorily completed the proficiency tests prescribed by Army Regulations while assigned to an infantry unit of regimental or smaller size; or when assigned to, or attending a course of instruction at, the United States Army Infantry School.</P>
          <P>(2) <E T="03">Who may award.</E> Commanding officers of infantry regiments, battle groups and separate infantry units or their next superior, commanders of United States Army Training Centers, and the Commandant, United States Army Infantry School. Commanders at training installations may award the badge to qualified personnel undergoing 6 months' active duty for training under the Reserve Forces Act of 1955 provided such personnel are assigned to infantry units of battle group or smaller size in the Reserve components.</P>
          <P>(g) <E T="03">Parachutist badges.</E> (1) Three degrees of badges are authorized for award: the Master Parachutist Badge, the Senior Parachutist Badge, and the Parachutist Badge. Eligibility requirements for each badge are set forth in succeeding paragraphs. Awarding authorities for all three are the following: Commanding generals of the United States Continental Army Command; ZI armies and overseas commands: Military District of Washington, U.S. Army; airborne corps; airborne divisions; infantry divisions containing organic airborne elements, and the Quartermaster Research and Engineering Command; the Commandants of the Infantry School and of the Quartermaster School; commanding officers of separate airborne regiments, separate airborne battle groups, or separate airborne battalions. Special Forces Groups (Airborne), and the Special Warfare Center; and President, U.S. Army Airborne and Electronics Board.</P>
          <P>(2) Eligibility for awards will be determined from the Individual Jump Record (DA Form 1307) contained in the field 201 file section of the personnel records jacket. Each entry on this form will include pay period covered and initials of the personnel officer; the entry will be made only from a Certificate of Jump and Loading Manifest (DA Form 1306) completed by an officer or jumpmaster.</P>
          <P>(h) <E T="03">Master Parachutist Badge.</E> An individual must have been rated excellent in character and efficiency and have met the following requirements:<PRTPAGE P="432"/>
          </P>
          <P>(1) Participated in a minimum of 65 jumps to include:</P>
          <P>(i) Twenty-five jumps with combat equipment to consist of normal TOE equipment, individual weapon carried by the individual in combat whether the jump was in actual or simulated combat. In cases of simulated combat the equipment will include water, rations (actual or dummy), ammunition (actual or dummy), and other essential items necessary to sustain an individual in combat;</P>
          <P>(ii) Four night jumps made during the hours of darkness (regardless of the time of day with respect to sunset) one of which will be as jumpmaster of a stick;</P>
          <P>(iii) Five mass tactical jumps which culminate in an airborne assault problem with a unit equivalent to a battalion or larger; a separate company/battery; or an organic staff of regimental size or larger. The individual must fill a position commensurate with his rank or grade during the problem.</P>
          <P>(2) Either graduated from the Jumpmaster Course of the Airborne Department of the Infantry School or the jumpmaster school of a separate airborne battalion or larger airborne unit, or served as jumpmaster on one or more combat jumps or as jumpmaster on 33 noncombat jumps.</P>
          <P>(3) Have served on jump status with an airborne unit or other organization authorized parachutists for a total of at least 36 months.</P>
          <P>(i) <E T="03">Senior Parachutist Badge.</E> An individual must have been rated excellent in character and efficiency and have met the following requirements:</P>
          <P>(1) Participated in a minimum of 30 jumps to include:</P>
          <P>(i) Fifteen jumps with combat equipment to consist of normal TOE equipment including individual weapon carried in combat whether the jump was in actual or simulated combat. In cases of simulated combat the equipment will include water, rations (actual or dummy), ammunition (actual or dummy), and other essential items necessary to sustain an individual in combat; and</P>
          <P>(ii) Two night jumps made during the hours of darkness (regardless of time of day with respect to sunset) one of which will be as jumpmaster of a stick;</P>
          <P>(iii) Two mass tactical jumps which culminate in an airborne assault problem with either a unit equivalent to a battalion or larger; a separate company/battery; or an organic staff of regimental size or larger. The individual must fill a position commensurate with his rank or grade during the problem.</P>
          <P>(2) Either graduated from the Jumpmaster Course of the Airborne Department of the Infantry School or the jumpmaster school of a separate airborne battalion or larger airborne unit, or served as jumpmaster on one or more combat jumps or as a jumpmaster on 15 noncombat jumps.</P>
          <P>(3) Have served on jump status with an airborne unit or other organizations authorized parachutists for a total of at least 24 months.</P>
          <P>(j) <E T="03">Parachutists Badge.</E> An individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of The Infantry School; or have participated in at least one combat parachute jump into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.</P>
          <P>(k) <E T="03">Army aviator badges—</E>(1) <E T="03">Badges authorized.</E> (i) Master Army Aviator Badge.</P>
          <P>(ii) Senior Army Aviator Badge.</P>
          <P>(iii) Army Aviator Badge.</P>
          <P>(2) <E T="03">Eligibility requirements.</E> An individual must have satisfactorily completed prescribed training and proficiency tests as outlined in AR 600-106, and must have been designated as an aviator in orders issued by headquarters indicated below:</P>
          <P>(3) <E T="03">Who may award.</E> (i) The Commandant, Army Aviation School, may designate an individual as an Army Aviator.</P>
          <P>(ii) The Adjutant General may designate an individual as an Army Aviator, as a Senior Army Aviator, and as a Master Army Aviator.</P>
          <P>(l) <E T="03">Army Aviation Medical Officer Badge.</E> The Surgeon General may award this badge to any Army Medical Corps officer to whom he has awarded MOS 3160 (either primary or secondary) <PRTPAGE P="433"/>upon successful completion of a course in aviation medicine.</P>
          <P>(m) <E T="03">Diver badges—</E>(1) <E T="03">Badges authorized.</E> Diver proficiency is recognized by the following badges:</P>
          <P>(i) Master Diver Badge.</P>
          <P>(ii) First-Class Diver Badge.</P>
          <P>(iii) Salvage Diver Badge.</P>
          <P>(iv) Second-Class Diver Badge.</P>
          <P>(2) <E T="03">Eligibility requirements.</E> An individual must have satisfactorily completed prescribed proficiency tests in accordance with AR 611-75 while assigned or attached to an authorized diving and salvage school or to a unit for which the TOE or TD includes diving personnel.</P>
          <P>(3) <E T="03">Who may award.</E> The commandant of an authorized diving and salvage school and commanding officer of a regiment, group, or separate battalion for which the TOE or TD includes diving personnel.</P>
          <P>(n) <E T="03">Explosive Ordnance Disposal Supervisor Badge—</E>(1) <E T="03">Eligibility requirements.</E> Any commissioned officer, warrant officer, or noncommissioned officer in grade E-6 or higher may be awarded the badge if he meets, or has met, all the following requirements;</P>
          <P>(i) Successful completion of basic and special weapons disposal courses of instruction.</P>
          <P>(ii) Eighteen months cumulative service in a supervisory position in a TOE or TD which the above explosive ordnance disposal courses are a prerequisite.</P>
          <P>(iii) Noncommissioned officers must have been rated excellent in character and efficiency at the time of recommendation for the award.</P>
          <P>(2) <E T="03">Who may award.</E> Commanding generals of divisions and higher commands, and commanding officers of separate groups or equivalent headquarters exercising operational control of EOD personnel or units.</P>
          <P>(o) <E T="03">Explosive Ordnance Disposal Specialist Badge—</E>(1) <E T="03">Eligibility requirements.</E> Any commissioned officer, warrant officer, or enlisted man may be awarded the badge if he meets, or has met, all the following requirements:</P>
          <P>(i) Successful completion of the prescribed basic EOD course of instruction.</P>
          <P>(ii) Assigned in a TOE or TD position for which the basic EOD course is a prerequisite.</P>
          <P>(2) <E T="03">Who may award.</E> Same as in paragraph (n) of this section.</P>
          <P>(p) <E T="03">Glider Badge.</E> The Glider Badge is no longer awarded. An individual who was awarded the badge upon satisfying then current eligibility requirements may continue to wear the badge. Eligibility for award could be established by satisfactory completion of prescribed proficiency tests while assigned or attached to an airborne unit or to the Airborne Department of the Infantry School, or by participation in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.</P>
          <P>(q) <E T="03">Ranger Tab.</E> (1) The Commandant of the U.S. Army Infantry School may award the Ranger Tab to any person who successfully completed a Ranger Course conducted by that school.</P>
          <P>(2) The Adjutant General may award the Ranger Tab to any person who was awarded the Combat Infantryman Badge while serving as a member of a Ranger Battalion (1st-6th, inclusive) or in the 5307th Composite Unit, Provisional (Merrill's Marauders) or to any person who successfully completed a Ranger course conducted by the Ranger Training Command.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 578.62</SECTNO>
          <SUBJECT>Qualification badges and tabs.</SUBJECT>
          <P>(a) <E T="03">Driver and Mechanic Badge—</E>(1) <E T="03">Purpose.</E> This badge is awarded to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles. Component bars are authorized only for the following types of vehicles and/or qualifications:</P>
          <P>(i) Driver—W (for wheeled vehicles).</P>
          <P>(ii) Driver—T (for tracked vehicles).</P>
          <P>(iii) Driver—M (for motorcycles).</P>
          <P>(iv) Driver—A (for amphibious vehicles).</P>
          <P>(v) Mechanic (for automotive or allied trade vehicles).</P>
          <P>(vi) Operator—S (for special mechanical equipment).</P>
          <P>(2) <E T="03">Eligibility requirements for drivers.</E> The individual must have:<PRTPAGE P="434"/>
          </P>
          <P>(i) Qualified for and possess a current U.S. Government Motor Vehicle Operator's Identification Card (SF 46), issued as prescribed by AR 600-55; and</P>
          <P>(ii) Performed assigned duty as a driver or assistant driver of Army vehicles for a minimum of 12 consecutive months, or during at least 8,000 miles and has no Army motor vehicle accident or traffic violation recorded on his Driver Qualification Record (DA Form 348); or</P>
          <P>(iii) Performed satisfactorily for a minimum period of 1 year as an active qualified driver instructor, or motor vehicle driver examiner.</P>
          <P>(3) <E T="03">Eligibility requirements for mechanics.</E> The individual must have:</P>
          <P>(i) Passed aptitude tests and have completed the standard mechanics; course with a “skilled” rating or have demonstrated possession of sufficient previous experience as an automotive mechanic to justify such a rating; and</P>
          <P>(ii) Been assigned to primary duty as an automotive mechanic, second echelon or higher, or as an active automotive mechanic instructor; and</P>
          <P>(iii) If required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualified for motor vehicle operators permit as prescribed above, and performed duty which included driving motor vehicles for a minimum of 6 consecutive months, and had no Army motor vehicle accident or traffic violation recorded on his Driver Qualification Record (DA Form 348).</P>
          <P>(4) <E T="03">Eligibility requirements for operators of special mechanical equipment.</E> A soldier or civilian whose primary duty involves operation of Army materials handling or other mechanical equipment must have completed 12 consecutive months or 500 hours of operation, whichever comes later, without accident or written reprimand as the result of his operation, and his operating performance must have been adequate in all respects.</P>
          <P>(5) <E T="03">Who may award.</E> Commanding officers of regiments, battle groups, separate battalions, and any commanding officer in the grade of lieutenant colonel or higher.</P>
          <P>(b) <E T="03">Basic qualification badges.</E> A basic qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he qualified. Each bar will be attached to the basic badge which indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, sharpshooter, and marksman. The only weapons for which component bars are authorized are:</P>
          <GPOTABLE CDEF="s25,r72" COLS="2" OPTS="L2">
            <BOXHD>
              <CHED H="1">Weapon</CHED>
              <CHED H="1">Inscription</CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">Rifle</ENT>
              <ENT>Rifle.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Pistol</ENT>
              <ENT>Pistol.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Antiaircraft artillery</ENT>
              <ENT>AA Artillery.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Automatic rifle</ENT>
              <ENT>Auto rifle.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Machine gun</ENT>
              <ENT>Machine gun.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Field Artillery</ENT>
              <ENT>Field Arty.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Tank Weapons</ENT>
              <ENT>Tank Weapons.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Flamethrower</ENT>
              <ENT>Flamethrower.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Submachine gun</ENT>
              <ENT>Submachine gun.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Rocket Launcher</ENT>
              <ENT>Rocket Launcher.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Grenade</ENT>
              <ENT>Grenade.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Carbine</ENT>
              <ENT>Carbine.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Recoilless rifle</ENT>
              <ENT>Recoilless Rifle.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Mortar</ENT>
              <ENT>Mortar.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Bayonet</ENT>
              <ENT>Bayonet.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Rifle, small bore</ENT>
              <ENT>Small bore rifle.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Pistol, small bore</ENT>
              <ENT>Small bore pistol.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Missile</ENT>
              <ENT>Missile.</ENT>
            </ROW>
          </GPOTABLE>
          <P>(c) <E T="03">Who may award—</E>(1) <E T="03">To military personnel.</E> Any commander in the grade or position of lieutenant colonel or higher may make awards to members of the Armed Forces of the United States. ROTC camp commanders and professors of military science of ROTC may make awards to members of the ROTC.</P>
          <P>(2) <E T="03">To civilian personnel.</E> Except to uniformed civilian guards, awards to civilians will be made only by the Director of Civilian Marksmanship, Headquarters, Department of the Army. The authorization for civilian guards to wear marksmanship badges may be made by installation commanders. Civilian guards will procure badges at their own expense.</P>
          <P>(d) <E T="03">Revocation of awards—</E>(1) <E T="03">Basic qualification badges.</E> An award for previous qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, <PRTPAGE P="435"/>has not attained the same qualification. If the bar which is revoked automatically is the only one authorized to be worn on the respective basic qualification badge, the award of the basic badge likewise is revoked automatically. An award once revoked will not be reinstated.</P>
          <P>(2) <E T="03">Driver and Mechanic Badge.</E> An award of this badge will be revoked only by a commander authorized to award the badge and only for any of the following reasons:</P>
          <P>(i) <E T="03">Motor vehicle driver and operator of special mechanical equipment. (a)</E> In the event of a moving traffic violation in which life or property was endangered, or an accident which involved either property damage or personal injury wherein the awardee was at fault.</P>
          <P>
            <E T="03">(b)</E> If the event of damage to the vehicle for which the awardee is responsible due to lack of preventive maintenance.</P>
          <P>
            <E T="03">(c)</E> In the event of an unsatisfactory rating of the awardee as a driver.</P>
          <P>(ii) <E T="03">Motor Mechanic. (a)</E> In the event of failure of awardee to perform his assigned duties as a mechanic in an excellent manner.</P>
          <P>
            <E T="03">(b)</E> In the event of damage to vehicle or shop equipment as a result of careless or inefficient performance of duty by the awardee.</P>
          <P>
            <E T="03">(c)</E> In the event of unsatisfactory shop performance by the awardee.</P>
          <P>(3) <E T="03">Miscellaneous.</E> An award of a distinguished designation badge or the Excellence in Competition Badge will be revoked only by the Commanding General, United States Continental Army Command, or by The Adjutant General and only when an award has been made through error or as the result of fraud.</P>
          <P>(e) <E T="03">Distinguished designation badges—</E>(1) <E T="03">Purpose.</E> A Distinguished Rifleman Badge or a Distinguished Pistol Shot Badge is awarded to a member of the Army or to a civilian in recognition of a preeminent degree of achievement in target practice firing with the standard military service rifle or pistol. Winners of distinguished designation badges will not part with them without authority of the Secretary of the Army and will hold them subject to inspection at any time.</P>
          <P>(2) <E T="03">Types of badges.</E> Each badge consists of a bar and pendant. There are two designs of bars: One with inscription “US Army” for award to Army members; and the other with inscription “US,” for award to civilians.</P>
          <P>(3) <E T="03">Eligibility requirements.</E> (i) A member of the Army will be designated as a Distinguished Rifleman or Distinguished Pistol Shot when he has earned three credits toward the distinguished designation, provided that at least one credit was earned by having been awarded the Excellence in Competition Badge for achievement in the National matches or in the All-Army Championships.</P>
          <P>(ii) A civilian will be designated by the Army as a Distinguished Rifleman or Distinguished Pistol Shot when for the third time he has qualified for award of the Excellence in Competition Badge, provided that at least one of these awards was won in the National matches or for having placed among the upper 50 percent of individuals determined to be entitled to such awards in either a major command competition or National Rifle Association Regional Championship match. Badges awarded prior to 1948 will be considered toward achievement of the distinguished designation under the rules of the match in which won. A credit granted by the National Board for the Promotion of Rifle Practice under rules in effect for matches prior to 1948 will be considered toward the award of this badge the same as though an Excellence in Competition had been awarded.</P>
          <P>(iii) The year in which a person first became eligible for designation by the Army as a Distinguished Rifleman or Distinguished Pistol Shot is the year in which he is regarded as having attained the distinguished designation and for which he will be so designated.</P>
          <P>(iv) In computing credits toward distinguished designation only one credit per calendar year in any one individual or team match will be allowed.</P>
          <P>(4) <E T="03">Who may award—</E>(i) <E T="03">To Army personnel.</E> Commanding General, United States Continental Army Command Copies of letters of authorization will be forwarded to The Adjutant General ATTN: AGPF, for record purposes.</P>
          <P>(ii) <E T="03">To all others.</E> The Adjutant General.<PRTPAGE P="436"/>
          </P>
          <P>(5) <E T="03">Engraving.</E> The name of the recipient and the year of attainment will be engraved on the reverse of the metal pendant.</P>
          <P>(f) <E T="03">Excellence in Competition Badge—</E>(1) <E T="03">Purpose.</E> Excellence in Competition Badges are awarded to individuals in recognition of an eminent degree of achievement in target practice firing with the standard military service rifle or pistol.</P>
          <P>(2) <E T="03">Types of badges.</E> Types of badges and criteria for award are under revision. When finalized, they will be published in a change to this section.</P>
          <P>(3) <E T="03">Eligibility requirements.</E> The number of badges which will be awarded in recognition of achievement in the National Matches, the All-Army Championships, Major Command Competitions, or in National Rifle Association Regional Championships will depend primarily upon the number of “nondistinguished” participants in the match. In all competitions except those included in the National Matches the badge will be awarded only for excellence in individual competition. In the National Matches the badge may be awarded for achievement in both individual and team competition. The conditions governing eligibility for award of the badge in the National Matches are prescribed by the National Board for the Promotion of Rifle Practice in joint regulations entitled “Rules and Regulations for National Matches”. Comparable badges will be awarded to civilians by the Director of Civilian Marksmanship in accordance with regulations prescribed by the National Board for the Promotion of Rifle Practice. A badge for excellence in competition in a match conducted subsequent to 1947 will be awarded only to a person whose score in authorized competition constitutes a credit toward a distinguished designation badge. The determination as to whether a badge for excellence in competition which has been awarded for achievement in a match conducted prior to 1948 may be considered toward the award of a distinguished designation badge will be in accordance with Army Regulations in effect at the time such match was conducted.</P>
          <P>(4) <E T="03">Limit on award.</E> (i) In no case will an individual be awarded more than one badge of each type. Credits will be given in lieu of additional awards of the same badge.</P>
          <P>(ii) Individuals who have either qualified for or attained the distinguished designation are ineligible for further awards of this badge. Any such individual who fraudulently accepts an additional award of the Excellence in Competition Badge when he is aware of his eligibility for distinguished designation, or has been designated as a Distinguished Rifleman or Distinguished Pistol Shot will be subject to revocation of the award.</P>
          <P>(5) <E T="03">Who may award</E>—(i) <E T="03">To Army personnel in active service.</E> Commanding General, United States Continental Army Command. Copies of letters of authorization will be forwarded to The Adjutant General, ATTN: AGPF, for record purposes.</P>
          <P>(ii) <E T="03">To all others.</E> The Adjutant General, upon recommendation of the Commanding General, United States Continental Army Command, or the National Board for the Promotion of Rifle Practice, as appropriate.</P>
          <P>(g) <E T="03">President's Hundred Tab.</E> A President's Hundred Tab is awarded to each person who qualified among the top 100 successful contestants in the President's Match held annually at the National Rifle Matches.</P>
        </SECTION>
      </SUBJGRP>
    </PART>
    <PART>
      <EAR>Pt. 581</EAR>
      <HD SOURCE="HED">PART 581—PERSONNEL REVIEW BOARD</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>581.1</SECTNO>
        <SUBJECT>Army Disability Review Board.</SUBJECT>
        <SECTNO>581.2</SECTNO>
        <SUBJECT>Army Discharge Review Board.</SUBJECT>
        <SECTNO>581.3</SECTNO>
        <SUBJECT>Army Board for Correction of Military Records.</SUBJECT>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>10 U.S.C. 1552, 1553, 1554, 3013, 3014, 3016; 38 U.S.C. 3103(a).</P>
      </AUTH>
      <SECTION>
        <SECTNO>§ 581.1</SECTNO>
        <SUBJECT>Army Disability Review Board.</SUBJECT>
        <P>(a) <E T="03">General provisions</E>—(1) <E T="03">Constitution, purpose, and jurisdiction of review board.</E> (i) The Army Disability Review Board (called the review board in this section) is an administrative agency created within the Department of the Army under authority of section 302, title I, Act of June 22, 1944 (58 Stat. 284), as amended by section 4, Act of December 28, 1945 (59 Stat. 623), to review, at the request of any officer retired or released from active service, <PRTPAGE P="437"/>without pay, for physical disability pursuant to the decision of a retiring board or disposition board, the findings and decisions of such board. The review board is charged with the duty, in cases within its jurisdiction, of ascertaining whether an applicant for review who was separated from the service or released to inactive service, without pay, for physical disability, incurred such physical disability in line of duty or as an incident of the service. When the review board determines in an individual case within its jurisdiction that physical disability was so incurred, it is authorized in the manner prescribed by this memorandum, to reverse prior findings in such regard and to make such findings in lieu thereof as are warranted by the evidence or pertinent regulations. Such remedial action is intended primarily to insure that no officer separated from the service or returned to an inactive status without pay, for disability, shall be deprived unjustly of retirement pay benefits, or retired status and retired pay, as the case may be, by reason of erroneous findings.</P>
        <P>(ii) The class of officers whose cases are reviewable shall include officers of the Army of the United States, other than officers of the Regular Army, who were discharged or released to inactive service under the conditions prescribed in paragraph (a)(1)(i) of this section; and former officers of the Regular Army who were wholly retired under section 1252, Revised Statutes.</P>
        <P>(iii) The review board is authorized, upon timely application therefor, to review the proceedings and findings of boards referred to in paragraph (a)(1)(i) of this section; and to receive additional evidence bearing on the causes and service-connection of disabilities in the cases of officers referred to in paragraph (a)(1)(ii) of this section, whose cases were the subject of findings by a retiring or disposition board, and who were separated from the service or released to inactive service, without pay, by reason of physical disability, whether denial of retirement or retirement pay benefits, as the case may be, was pursuant to the adverse findings of a board, or was pursuant to administrative action in a case where there was favorable action by a board.</P>
        <P>(iv) In carrying out its duties under this memorandum such review board shall have the same powers as exercised by, or vested in, the board whose findings and decisions are being reviewed.</P>
        <P>(2) <E T="03">Application for review.</E> (i) Any officer desiring a review of his case will make a written application therefor on WD AGO Form 0258 (Application for Review of Army Retiring Board Proceedings) which may be obtained from The Adjutant General, Washington, DC 20310, Attention: AGPO-S-D.</P>
        <P>(ii) No application for review will be granted unless received by the Department of the Army within 15 years after the date on which such officer was separated from the service or released to inactive service, without pay, for physical disability, or within 15 years after June 22, 1944, whichever date is the later.</P>
        <P>(iii) The Adjutant General, upon receipt of an application for review, will note thereon the time of receipt thereof and will, in cases where the jurisdiction for review by the review board is established, assemble the originals or certified copies of all available Department of the Army and/or other rec-ord pertaining to the health and physical condition of the applicant, including the rec-ord of the proceedings and findings of all retiring and disposition boards in question and the rec-ords of all administration and/or executive action taken thereon. Such rec-ords, together with the application and any supporting documents submitted therewith, will be transmitted to the president of the review board.</P>
        <P>(3) <E T="03">Changes in procedure of review board.</E> The review board may initiate recommendation for such changes in procedures as established herein as may be deemed necessary for the proper functioning of the review board. Such changes will be subject to the approval of the Secretary of the Army.</P>
        <P>(b) <E T="03">Proceedings of review board—</E>(1) <E T="03">Convening of review board.</E> (i) The review board will be convened at the call of its president and will recess or adjourn at his order. In the event of the absence or incapacity of the president, the next senior member will serve as acting president for all purposes.<PRTPAGE P="438"/>
        </P>
        <P>(ii) Unless otherwise directed by its president, the review board will convene in Washington, DC, at the time and place indicated by him.</P>
        <P>(iii) The review board will assemble in open session for the consideration and determination of cases presented to it. After the conclusion of such hearing, the review board will as soon as practicable thereafter convene in closed session for determination.</P>
        <P>(2) <E T="03">Hearings.</E> (i) An applicant for review, upon request, is entitled by law to appear before the review board in open session either in person or by counsel of his own selection. Witnesses shall be permitted to present testimony either in person or by affidavit. As used in the regulations in this part the term “counsel” shall be construed to include members of the Federal bar, the bar of any state, accredited representatives of veterans' organizations recognized by the Veterans' Administration under section 200 of the Act of June 29, 1936 (49 Stat. 2031), and such other persons who, in the opinion of the review board, are considered to be competent to present equitably and comprehensively the claim of the applicant for review. In no case will the expenses or compensation of counsel for the applicant be paid by the Government.</P>
        <P>(ii) In every case in which a hearing is authorized, the secretary will transmit to the applicant and to designated counsel for the applicant, if any, a written notice by registered mail stating the time and place of hearing. Such notice shall be mailed at least 30 days in advance of the date on which the case is set for hearing except in cases in which the applicant waives the right of personal appearance and/or representation by counsel. Such notice shall constitute compliance with the requirement of notice to applicant and his counsel. The record shall contain the certificate of the secretary that written notice was given applicant and his counsel, if any, and the time and manner thereof.</P>
        <P>(iii) An applicant who requests a hearing and who, after being duly notified of the time and place of hearing, fails to appear at the appointed time, either in person or by counsel, or, in writing, waives his right to appear, thereby waives such right.</P>
        <P>(iv) In the conduct of its inquiries, the review board shall not be limited by the restrictions of common law rules of evidence.</P>
        <P>(v) In the case wherein it is advisable and practicable, the review board may, at the request of the examiner, or upon its own motion, request The Surgeon General to detail one or more medical officers to make physical examination of the applicant, if available, and report their findings resulting from such examination with respect to the matters at issue, either in person or by affidavit. When testifying in person at a hearing, such medical witnesses will be subject to cross-examination. Similarly the medical members of the board may examine the applicant, if available, and testify as witnesses concerning the results of such examination.</P>
        <P>(vi) Expenses incurred by the applicant, his witnesses, or in the procurement of their testimony, whether in person, by affidavit or by deposition will not be paid by the Government.</P>
        <P>(3) <E T="03">Continuances.</E> The review board may continue a hearing on its own motion. A request for continuance by the examiner or by or on behalf of the applicant may be granted, if in the board's discretion, a continuance appears necessary to insure a full and fair hearing.</P>
        <P>(c) <E T="03">Findings, conclusions, and directions—</E>(1) <E T="03">Findings, conclusions, and directions of review board.</E> (i) The review board will make written findings in closed session in each case. Such findings will include:</P>
        <P>
          <E T="03">(a)</E> Statement of complete findings of the retiring or disposition board and of administrative action subsequent thereto in the proceedings under review;</P>
        <P>
          <E T="03">(b)</E> A finding affirming or reversing the findings of such retiring or disposition board or such administrative action, specifying which of the findings or administrative actions are affirmed and which are reversed.</P>

        <P>(ii) In the event the review board reverses any of such original findings or administrative actions, the review board will then make complete findings which shall include the affirmed <PRTPAGE P="439"/>findings of the original board or of administrative action subsequent thereto. Such complete findings shall include the following:</P>
        <P>
          <E T="03">(a)</E> Whether the applicant was permanently incapacitated for active service at the time of his separation from the service or release to inactive service.</P>
        <P>
          <E T="03">(b)</E> The cause or causes of the incapacity.</P>
        <P>
          <E T="03">(c)</E> The approximate date of origin of each incapacitating defect.</P>
        <P>
          <E T="03">(d)</E> The date officer became incapacitated for active service.</P>
        <P>
          <E T="03">(e)</E> Whether the cause or causes of the incapacity was or was not an incident of service.</P>
        <P>
          <E T="03">(f)</E> Whether the cause or causes of the incapacity had been permanently aggravated by military service.</P>
        <P>
          <E T="03">(g)</E> Whether such incapacity for active service was or was not the result of an incident of service.</P>
        <P>
          <E T="03">(h)</E> Whether the officer's incapacity was or was not incurred in combat with an enemy of the United States or whether it did or did not result from an explosion of an instrumentality of war in line of duty.</P>
        <P>(iii) In the event the review board finds the officer permanently incapacitated for active service and that the incapacity was an incident of service, it will make an additional finding specifying the grade in which the officer is entitled to be retired or to be certified for retirement pay benefits.</P>
        <P>(iv) The findings, conclusions, and directions of a majority of the review board shall constitute the findings, conclusions, and directions of the review board, and when made, will be signed by each member of the review board who concurs therein, filed, and authenticated by the secretary.</P>
        <P>(d) <E T="03">Disposition of and action upon proceedings—</E>(1) <E T="03">Record of proceedings.</E> (i) When the review board has concluded its proceedings in any case, the secretary will prepare a complete record thereof. Such record shall include the application for review; a transcript of the hearing if any; affidavits, papers and documents considered by the review board; all briefs and written arguments filed in the case; the report of the examiner; the findings, conclusions, and directions of the review board; any minority report prepared by dissenting members of the review board; and all other papers and documents necessary to reflect a true and complete history of the proceedings. The record so prepared will be signed by the president of the review board and authenticated by its secretary as being true and complete. In the event of the absence or incapacity of the secretary, the record may be authenticated by a second participating member of the review board.</P>
        <P>(ii) All records of proceedings of the review board shall be confidential, except that upon written request from the applicant, his guardian or legal representative, The Adjutant General will furnish a copy of the proceedings of the review board, less any exhibits which it may be found impracticable to reproduce out which will include:</P>
        <P>
          <E T="03">(a)</E> A copy of the order appointing the board.</P>
        <P>
          <E T="03">(b)</E> The findings of the Army retiring board affirmed.</P>
        <P>
          <E T="03">(c)</E> The findings of the Army retiring board reversed.</P>
        <P>
          <E T="03">(d)</E> The findings of the review board.</P>
        <P>
          <E T="03">(e)</E> The conclusions which were made by the review board.</P>
        <P>
          <E T="03">(f)</E> The directions of the Secretary of the Army.</P>
        <FP>If it should appear that furnishing such information would prove injurious to the physical or mental health of the applicant, such information will be furnished only to the guardian or legal representative of the applicant. The Adjutant General, subject to the foregoing restrictions, will make available for inspection, upon request of the applicant, his guardian or legal representative, a record of the proceedings of any case reviewed by the review board, but copies of the proceedings of any case heard prior to January 4, 1946, will not be furnished if such copies are not readily available.</FP>
        <P>(2) <E T="03">Final action by review board.</E> When the review board has completed the proceedings and has arrived at its decision, the proceedings, together with the review board's decision, will be transmitted to The Adjutant General for appropriate Department of the Army action. The Adjutant General, in the name of the President of the United States, will indicate on the record of such proceedings and decision <PRTPAGE P="440"/>the President's approval or disapproval of the action of the review board, and will perform such administerial acts as may be necessary and thereafter will notify the applicant and/or his counsel of the action taken. Written notice, specifying the action taken and the date thereof, will be transmitted by The Adjutant General to the president of the review board to be filed by the secretary as a part of the records of the board pertaining to each case.</P>
        <P>(e) <E T="03">Rehearings—</E>(1) <E T="03">Policy on the granting of rehearings.</E> After the review board has reviewed a case and its findings and decision have been approved, the case will normally not be reconsidered except on the basis of new, pertinent, and material evidence, which if previously considered could reasonably be expected to have caused findings and a decision other than those rendered as the result of the original review. An application for rehearing must be made within a reasonable time after the discovery of the new evidence, mentioned in this subparagraph, and the request for rehearing must be accompanied by such new evidence and by a showing that the applicant was duly diligent in attempting to secure all available evidence for presentation to the review board when his case was previously reviewed and that the reason for the delay in discovering such new evidence was not due to fault or neglect on the part of the applicant.</P>
        <P>(2) <E T="03">Application for rehearing.</E> Any officer desiring a rehearing of his case will make a written application therefor on WD AGO Form 0413 (Application for Review of Findings of the Army Disability Review Board) which may be obtained from The Adjutant General, Washington, DC 20310, Attention: AGPO-S-D.</P>
        <CITA>[13 FR 6805, Nov. 19, 1948, as amended at 19 FR 6706, Oct. 19, 1954]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 581.2</SECTNO>
        <SUBJECT>Army Discharge Review Board.</SUBJECT>
        <P>(a) <E T="03">Purpose.</E> This regulation implements 10 U.S.C. 1553, Pub. L. 95-126, and DOD Directive 1332.28 (app. A).</P>
        <P>(b) <E T="03">Explanation of terms—</E>(1) <E T="03">Legal consultant of the Army Discharge Review Board (ADRB).</E> An officer of The Judge Advocate General's Corps assigned to the ADRB to provide opinions and guidance on legal matters relating to ADRB functions.</P>
        <P>(2) <E T="03">Medical consultant of the ADRB.</E> An officer of the Army Medical Corps assigned to the ADRB to provide opinions and guidance on medical matters relating to ADRB functions.</P>
        <P>(3) <E T="03">Video tape hearing.</E> A hearing conducted by an ADRB hearing examiner at which an applicant is given the opportuntiy to present his/her appeal to the hearing examiner, with the entire presentation, including cross-examination by the hearing examiner, recorded on video tape. This video tape presentation is later displayed to a full ADRB panel. Video tape hearings will be conducted only with the consent of the applicant and with the concurrence of the President of the ADRB.</P>
        <P>(c) <E T="03">Composition and responsibilities—</E>(1) <E T="03">Authority.</E> The ADRB is established under Pub. L. 95-126 and 10 U.S.C. 1553 and is responsible for the implementation of the Discharge Review Board (DRB) procedures and standards within DA.</P>
        <P>(2) <E T="03">The ADRB president.</E> The president is designated by the Secretary of the Army (SA). The President—</P>
        <P>(i) Is responsible for the operation of the ADRB.</P>
        <P>(ii) Prescribes the operating procedures of the ADRB.</P>
        <P>(iii) Designates officers to sit on panels.</P>
        <P>(iv) Schedules panels to hear discharge review appeals.</P>
        <P>(v) Monitors the DOD directed responsibilities of the SA on service discharge review matters for the DOD.</P>
        <P>(3) <E T="03">ADRB panels and members.</E> The ADRB will have one or more panels. Each panel, when in deliberation, will consist of five officers. The senior officer (or as designated by the president ADRB) will act as the presiding officer.</P>
        <P>(4) <E T="03">Secretary Recorder (SR) Branch.</E> The Chief, SR—</P>
        <P>(i) Ensures the efficient overall operation and support of the ADRB panels.</P>
        <P>(ii) Authenticates the case report and directives of cases heard.</P>
        <P>(5) <E T="03">Secretary Recorder.</E> The SR is an officer assigned to the SR Branch whose duties are to—</P>

        <P>(i) Schedule, coordinate, and arrange for panel hearings at a designated site.<PRTPAGE P="441"/>
        </P>
        <P>(ii) Administer oaths to applicants and witnesses under Article 136 UCMJ.</P>
        <P>(iii) Ensure that the proceedings of the cases heard and recorded into the case report and directive of cases.</P>
        <P>(6) <E T="03">Administrative Specialist.</E> An Administrative Specialist is an enlisted member assigned to the SR Branch whose duties are to—</P>
        <P>(i) Assist the SR in arranging panel hearings.</P>
        <P>(ii) Operate and maintain video and voice recording equipment.</P>
        <P>(iii) Aid the SR in the administrative operations of the panels.</P>
        <P>(7) <E T="03">Administrative personnel.</E> Such administrative personnel as are required for the proper functions of the ADRB and its panels will be furnished by the SA.</P>
        <P>(d) <E T="03">Special standards.</E> (1) Under the November 27, 1979, order of the United States District Court for the District of Columbia in “Giles v. Secretary of the Army” (Civil Action No. 77-0904), a former Army service member is entitled to an honorable discharge if a less than honorable discharge was issued to the service member who was discharged before 1 January 1975 as a result of an administrative proceeding in which the Army introduced evidence developed by or as a direct or indirect result of compelled urinalysis testing administered for the purpose of identifying drug abusers (either for the purpose of entry into a treatment program or to monitor progress through rehabilitation or follow up).</P>
        <P>(2) Applicants who believe they fall within the scope of paragraph (d)(1) of this section should place the work CATEGORY “G” in block 7, DD Form 293, (Application for Review of Discharge or Dismissal from the Armed Forces of the United States). Such applications will be reviewed expeditiously by a designated official who will either send the individual an honorable discharge certificate if the individual falls within the scope of paragraph (d)(1) of this section or forward the application to the ADRB if the individual does not fall within the scope of paragraph (d)(1) of this section. The action of the designated official will not constitute an action or decision by the ADRB.</P>
        <CITA>[50 FR 33035, Aug. 16, 1985]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 581.3</SECTNO>
        <SUBJECT>Army Board for Correction of Military Records.</SUBJECT>
        <P>(a) <E T="03">General</E>—(1) <E T="03">Purpose.</E> This section prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).</P>
        <P>(2) <E T="03">Statutory authority.</E> Title 10 U.S.C Section 1552, Correction of Military Records: Claims Incident Thereto, is the statutory authority for this regulation.</P>
        <P>(b) <E T="03">Responsibilities</E>—(1) <E T="03">The Secretary of the Army.</E> The Secretary of the Army will oversee the operations of the ABCMR. The Secretary will take final action on applications, as appropriate.</P>
        <P>(2) <E T="03">The ABCMR Director.</E> The ABCMR Director will manage the ABCMR's day-to-day operations.</P>
        <P>(3) <E T="03">The chair of an ABCMR panel.</E> The chair of a given ABCMR panel will preside over the panel, conduct a hearing, maintain order, ensure the applicant receives a full and fair opportunity to be heard, and certify the written record of proceedings in pro forma and formal hearings as being true and correct.</P>
        <P>(4) <E T="03">The ABCMR members.</E> The ABCMR members will—</P>
        <P>(i) Review all applications that are properly before them to determine the existence of error or injustice.</P>
        <P>(ii) If persuaded that material error or injustice exists, and that sufficient evidence exists on the record, direct or recommend changes in military records to correct the error or injustice.</P>
        <P>(iii) Recommend a hearing when appropriate in the interest of justice.</P>
        <P>(iv) Deny applications when the alleged error or injustice is not adequately supported by the evidence, and when a hearing is not deemed proper.</P>
        <P>(v) Deny applications when the application is not filed within prescribed time limits and when it is not in the interest of justice to excuse the failure to file in a timely manner.</P>
        <P>(5) <E T="03">The director of an Army records holding agency.</E> The director of an Army records holding agency will—</P>

        <P>(i) Take appropriate action on routine issues that may be administratively corrected under authority inherent in the custodian of the records and that do not require ABCMR action.<PRTPAGE P="442"/>
        </P>
        <P>(ii) Furnish all requested Army military records to the ABCMR.</P>
        <P>(iii) Request additional information from the applicant, if needed, to assist the ABCMR in conducting a full and fair review of the matter.</P>
        <P>(iv) Take corrective action directed by the ABCMR or the Secretary of the Army.</P>
        <P>(v) Inform the Defense Finance and Accounting Service (DFAS), when appropriate; the applicant; applicant's counsel, if any; and interested Members of Congress, if any, after a correction is complete.</P>
        <P>(vi) Return original records of the soldier or former soldier obtained from the Department of Veterans Affairs (VA).</P>
        <P>(6) <E T="03">The commanders of Army Staff agencies and commands.</E> The commanders of Army Staff agencies and commands will—</P>
        <P>(i) Furnish advisory opinions on matters within their areas of expertise upon request of the ABCMR, in a timely manner.</P>
        <P>(ii) Obtain additional information or documentation as needed before providing the opinions to the ABCMR.</P>
        <P>(iii) Provide records, investigations, information, and documentation upon request of the ABCMR.</P>
        <P>(iv) Provide additional assistance upon request of the ABCMR.</P>
        <P>(v) Take corrective action directed by the ABCMR or the Secretary of the Army.</P>
        <P>(7) <E T="03">The Director, Defense Finance and Accounting Service (DFAS).</E> At the request of the ABCMR staff, the Director, DFAS, will—</P>
        <P>(i) Furnish advisory opinions on matters within the DFAS area of expertise upon request.</P>
        <P>(ii) Obtain additional information or documentation as needed before providing the opinions.</P>
        <P>(iii) Provide financial records upon request.</P>
        <P>(iv) On behalf of the Army, settle claims that are based on ABCMR final actions.</P>
        <P>(v) Report quarterly to the ABCMR Director on the monies expended as a result of ABCMR action and the names of the payees.</P>
        <P>(c) <E T="03">ABCMR establishment and functions.</E> (1) <E T="03">ABCMR establishment.</E> The ABCMR operates pursuant to law (10 U.S.C. 1552) within the Office of the Secretary of the Army. The ABCMR consists of civilians regularly employed in the executive part of the Department of the Army (DA) who are appointed by the Secretary of the Army and serve on the ABCMR as an additional duty. Three members constitute a quorum.</P>
        <P>(2) <E T="03">ABCMR functions.</E> (i) The ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.</P>
        <P>(ii) When an applicant has suffered reprisal under the Military Whistleblower Protection Act 10 U.S.C. 1034 and Department of Defense Directive (DODD) 7050.6, the ABCMR may recommend to the Secretary of the Army that disciplinary or administrative action be taken against any Army official who committed an act of reprisal against the applicant.</P>
        <P>(iii) The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing in 10 U.S.C. 1034 and DODD 7050.6) or request additional evidence or opinions.</P>
        <P>(d) <E T="03">Application procedures</E>—(1) <E T="03">Who may apply.</E> (i) The ABCMR's jurisdiction under 10 U.S.C. 1552 extends to any military record of the DA. It is the nature of the record and the status of the applicant that define the ABCMR's jurisdiction.</P>
        <P>(ii) Usually applicants are soldiers or former soldiers of the Active Army, the U.S. Army Reserve (USAR), and in certain cases, the Army National Guard of the United States (ARNGUS) and other military and civilian individuals affected by an Army military record. Requests are personal to the applicant and relate to military records. Requests are submitted on DD Form 149 (Application for Correction of Military Record under the Provisions of 10 U.S.C. 1552). Soldiers need not submit applications through their chain of command.</P>

        <P>(iii) An applicant with a proper interest may request correction of another person's military records when that <PRTPAGE P="443"/>person is incapable of acting on his or her own behalf, missing, or deceased. Depending on the circumstances, a child, spouse, parent or other close relative, heir, or legal representative (such as a guardian or executor) of the soldier or former soldier may be able to demonstrate a proper interest. Applicants must send proof of proper interest with the application when requesting correction of another person's military records.</P>
        <P>(2) <E T="03">Time limits.</E> Applicants must file an application within 3 years after an alleged error or injustice is discovered or reasonably should have been discovered. The ABCMR may deny an untimely application. The ABCMR may excuse untimely filing in the interest of justice.</P>
        <P>(3) <E T="03">Administrative remedies.</E> The ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.</P>
        <P>(4) <E T="03">Stay of other proceedings.</E> Applying to the ABCMR does not stay other proceedings.</P>
        <P>(5) <E T="03">Counsel.</E> (i) Applicants may be represented by counsel, at their own expense.</P>
        <P>(ii) See DODD 7050.6 for provisions for counsel in cases processed under 10 U.S.C. 1034.</P>
        <P>(e) <E T="03">Actions by the ABCMR Director and staff</E>—(1) <E T="03">Criteria.</E> The ABCMR staff will review each application to determine if it meets the criteria for consideration by the ABCMR. The application may be returned without action if—</P>
        <P>(i) The applicant fails to complete and sign the application.</P>
        <P>(ii) The applicant has not exhausted all other administrative remedies.</P>
        <P>(iii) The ABCMR does not have jurisdiction to grant the requested relief.</P>
        <P>(iv) No new evidence was submitted with a request for reconsideration.</P>
        <P>(2) <E T="03">Burden of proof.</E> The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.</P>
        <P>(3) <E T="03">ABCMR consideration.</E> (i) A panel consisting of at least three ABCMR members will consider each application that is properly brought before it. One panel member will serve as the chair.</P>
        <P>(ii) The panel members may consider a case on the merits in executive session or may authorize a hearing.</P>
        <P>(iii) Each application will be reviewed to determine—</P>
        <P>(A) Whether the preponderance of the evidence shows that an error or injustice exists and—</P>
        <P>(<E T="03">1</E>) If so, what relief is appropriate.</P>
        <P>(<E T="03">2</E>) If not, deny relief.</P>
        <P>(B) Whether to authorize a hearing.</P>
        <P>(C) If the application is filed outside the statute of limitations and whether to deny based on untimeliness or to waive the statute in the interest of justice.</P>
        <P>(f) <E T="03">Hearings.</E> ABCMR hearings. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires.</P>
        <P>(g) <E T="03">Disposition of applications.</E> (1) <E T="03">ABCMR decisions.</E> The panel members' majority vote constitutes the action of the ABCMR. The ABCMR's findings, recommendations, and in the case of a denial, the rationale will be in writing.</P>
        <P>(2) <E T="03">ABCMR final action.</E> (i) Except as otherwise provided, the ABCMR acts for the Secretary of the Army, and an ABCMR decision is final when it—</P>
        <P>(A) Denies any application (except for actions based on reprisals investigated under 10 U.S.C. 1034).</P>
        <P>(B) Grants any application in whole or in part without a hearing when—</P>
        <P>(<E T="03">1</E>) The relief is as recommended by the proper staff agency in an advisory opinion; and</P>
        <P>(<E T="03">2</E>) Is unanimously agreed to by the ABCMR panel; and</P>
        <P>(<E T="03">3</E>) Does not involve an appointment or promotion requiring confirmation by the Senate.</P>
        <P>(ii) The ABCMR will forward the decisional document to the Secretary of the Army for final decision in any case in which—</P>
        <P>(A) A hearing was held.</P>
        <P>(B) The facts involve reprisals under the Military Whistleblower Protection Act, confirmed by the DOD Inspector General (DODIG) under 10 U.S.C. 1034 and DODD 7050.6.</P>

        <P>(C) The ABCMR recommends relief but is not authorized to act for the Secretary of the Army on the application.<PRTPAGE P="444"/>
        </P>
        <P>(3) <E T="03">Decision of the Secretary of the Army.</E> (i) The Secretary of the Army may direct such action as he or she deems proper on each case. Cases returned to the Board for further consideration will be accompanied by a brief statement of the reasons for such action. If the Secretary does not accept the ABCMR's recommendation, adopts a minority position, or fashions an action that he or she deems proper and supported by the record, that decision will be in writing and will include a brief statement of the grounds for denial or revision.</P>
        <P>(ii) The Secretary of the Army will issue decisions on cases covered by the Military Whistleblower Protection Act (10 U.S.C. 1034 and DODD 7050.6). In cases where the DODIG concluded that there was reprisal, these decisions will be made within 180 days after receipt of the application and the investigative report by the DODIG, the Department of the Army Inspector General (DAIG), or other Inspector General offices. Unless the full relief requested is granted, these applicants will be informed of their right to request review of the decision by the Secretary of Defense.</P>
        <P>(4) <E T="03">Reconsideration of ABCMR decision.</E> An applicant may request the ABCMR to reconsider a Board decision under the following circumstances:</P>
        <P>(i) If the ABCMR receives the request within 1 year of the ABCMR's action and if the ABCMR has not previously reconsidered the matter, the ABCMR staff will review the request to determine if it contains evidence (including, but not limited to, any facts or arguments as to why relief should be granted) that was not in the record at the time of the ABCMR's prior consideration. If new evidence has been submitted, the request will be submitted to the ABCMR for its determination of whether the new evidence is sufficient to demonstrate material error or injustice. If no new evidence is found, the ABCMR staff will return the application to the applicant without action.</P>
        <P>(ii) If the ABCMR receives the request more than 1 year after the ABCMR's action or after the ABCMR has already considered one request for reconsideration, the ABCMR staff will review the request to determine if substantial relevant evidence is submitted showing fraud, mistake of law, mathematical miscalculation, manifest error, or the existence of substantial relevant new evidence discovered contemporaneously or within a short time after the ABCMR's original consideration. If the ABCMR staff finds such evidence, it will be submitted to the ABCMR for its determination of whether a material error or injustice exists and the proper remedy. If the ABCMR staff does not find such evidence, the application will be returned to the applicant without action.</P>
        <P>(h) <E T="03">Claims/Expenses</E>—(1) <E T="03">Authority.</E> (i) The Army, by law, may pay claims for amounts due to applicants as a result of correction of military records.</P>
        <P>(ii) The Army may not pay any claim previously compensated by Congress through enactment of a private law.</P>
        <P>(iii) The Army may not pay for any benefit to which the applicant might later become entitled under the laws and regulations managed by the VA.</P>
        <P>(2) <E T="03">Settlement of claims.</E> (i) The ABCMR will furnish DFAS copies of decisions potentially affecting monetary entitlement or benefits. The DFAS will treat such decisions as claims for payment by or on behalf of the applicant.</P>
        <P>(ii) The DFAS will settle claims on the basis of the corrected military record. The DFAS will compute the amount due, if any. The DFAS may require applicants to furnish additional information to establish their status as proper parties to the claim and to aid in deciding amounts due. Earnings received from civilian employment during any period for which active duty pay and allowances are payable will be deducted. The applicant's acceptance of a settlement fully satisfies the claim concerned.</P>
        <P>(3) <E T="03">Payment of expenses.</E> The Army may not pay attorney's fees or other expenses incurred by or on behalf of an applicant in connection with an application for correction of military records under 10 U.S.C. 1552.</P>
        <P>(i) <E T="03">Miscellaneous provisions</E>—(1) <E T="03">Special standards.</E> (i) Pursuant to the November 27, 1979 order of the United States District Court for the District of Columbia in <E T="03">Giles</E> v. <E T="03">Secretary of the Army</E> (Civil Action No. 77-0904), a former Army soldier is entitled to an honorable discharge if a less than honorable <PRTPAGE P="445"/>discharge was issued to the soldier on or before November 27, 1979 in an administrative proceeding in which the Army introduced evidence developed by or as a direct or indirect result of compelled urinalysis testing administered for the purpose of identifying drug abusers (either for the purposes of entry into a treatment program or to monitor progress through rehabilitation or follow-up).</P>
        <P>(ii) Applicants who believe that they fall within the scope of paragraph (i)(1)(i) of this section should place the term “CATEGORY G” in block 11b of DD Form 149. Such applications should be expeditiously reviewed by a designated official, who will either send the individual an honorable discharge certificate if the individual falls within the scope of paragraph (i)(1)(i) of this section, or forward the application to the Discharge Review Board if the individual does not fall within the scope of paragraph (i)(1)(i) of this section. The action of the designated official will not constitute an action or decision by the ABCMR.</P>
        <P>(2) <E T="03">Public access to decisions.</E> (i) After deletion of personal information, a redacted copy of each decision will be indexed by subject and made available for review and copying at a public reading room at Crystal Mall 4, 1941 Jefferson Davis Highway, Arlington, Virginia. The index will be in a usable and concise form so as to indicate the topic considered and the reasons for the decision. Under the Freedom of Information Act (5 U.S.C. 552), records created on or after November 1, 1996 will be available by electronic means.</P>
        <P>(ii) Under the Freedom of Information Act and the Privacy Act of 1974 (5 U.S.C. 552a), the ABCMR will not furnish to third parties information submitted with or about an application unless specific written authorization is received from the applicant or unless the Board is otherwise authorized by law.</P>
        <CITA>[65 FR 17441, Apr. 3, 2000]</CITA>
      </SECTION>
    </PART>
    <PART>
      <RESERVED>PART 583—FORMER PERSONNEL [RESERVED]</RESERVED>
    </PART>
    <PART>
      <EAR>Pt. 584</EAR>
      <HD SOURCE="HED">PART 584—FAMILY SUPPORT, CHILD CUSTODY, AND PATERNITY</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>584.1</SECTNO>
        <SUBJECT>General.</SUBJECT>
        <SECTNO>584.2</SECTNO>
        <SUBJECT>Family support and child custody.</SUBJECT>
        <SECTNO>584.3</SECTNO>
        <SUBJECT>Paternity claims.</SUBJECT>
        <SECTNO>584.4</SECTNO>
        <SUBJECT>Adoption proceedings.</SUBJECT>
        <SECTNO>584.5</SECTNO>
        <SUBJECT>U.S. citizenship determinations on children born out of wedlock in a foreign country.</SUBJECT>
        <SECTNO>584.6</SECTNO>
        <SUBJECT>Procedures governing nonactive duty or discharged personnel.</SUBJECT>
        <SECTNO>584.7</SECTNO>
        <SUBJECT>Basic allowance for quarters.</SUBJECT>
        <SECTNO>584.8</SECTNO>
        <SUBJECT>Garnishment.</SUBJECT>
        <SECTNO>584.9</SECTNO>
        <SUBJECT>Involuntary allotments.</SUBJECT>
        <APP>Appendix A to Part 584—Reference</APP>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>10 U.S.C. 3012.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>50 FR 52447, Dec. 24, 1985, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 584.1</SECTNO>
        <SUBJECT>General.</SUBJECT>
        <P>(a) <E T="03">Purpose.</E> This regulation sets forth the Department of the Army (DA) policy, responsibilities, and procedures on—</P>
        <P>(1) Support and nonsupport of family members.</P>
        <P>(2) Child custody.</P>
        <P>(3) Paternity claims.</P>
        <P>(4) Adoption proceedings involving the children of soldiers.</P>
        <P>(b) <E T="03">References.</E> Required and related publications and prescribed and referenced forms are listed in appendix A.</P>
        <P>(c) <E T="03">Explanation of abbreviations and terms.</E> Abbreviations and special terms used in this regulation are explained in the glossary.</P>
        <P>(d) <E T="03">Responsibilities.</E> (1) The Deputy Chief of Staff for Personnel will set policy for processing—</P>
        <P>(i) Nonsupport complaints.</P>
        <P>(ii) Child custody complaints.</P>
        <P>(iii) Paternity claims.</P>
        <P>(iv) Requests on adoption proceedings of children of soldiers.</P>
        <P>(2) The Commanding General (CG), U.S. Army Community and Family Support Center (USACFSC) will—</P>
        <P>(i) Set procedures for processing the following:</P>
        <P>(A) Nonsupport complaints.</P>
        <P>(B) Child custody complaints.</P>
        <P>(C) Paternity claims.</P>

        <P>(D) Requests regarding adoption proceedings of children of soldiers.<PRTPAGE P="446"/>
        </P>
        <P>(ii) Process nonsupport complaints, child custody complaints, and paternity claims received at USACFSC regarding Army soldiers.</P>
        <P>(iii) Carry out the objectives of this regulation to protect the rights of the soldier, the family, and the interests of the Army.</P>
        <P>(iv) Advise and assist the heads of Headquarters, Department of the Army (HQDA) agencies, commanders of the major Army commands, and other commanders on matters pertaining to—</P>
        <P>(A) Nonsupport.</P>
        <P>(B) Child custody.</P>
        <P>(C) Paternity.</P>
        <P>(D) Adoption proceedings of children of soldiers.</P>
        <P>(3) Officers having general court-martial jurisdiction will give special emphasis to the support of family members in command information programs. This includes informing soldiers of Army policy and of their responsibility to provide adequate support for all family members and to comply with all court orders.</P>
        <P>(4) First level field grade commanders will monitor all instances of soldiers' repeated failure to meet the requirements of this regulation that are brought to their attention. They will take action, when proper.</P>
        <P>(5) Immediate commanders will—</P>
        <P>(i) Ensure that soldiers are informed of the DA policy on support of family members and that they comply with court orders. They will also inform soldiers of the possible consequences of failing to fulfill financial obligations. This information will be included during inprocessing and outprocessing briefings, particularly during processing for mobilization and oversea movement.</P>
        <P>(ii) Process nonsupport complaints, child custody complaints, and paternity claims per this regulation.</P>
        <P>(iii) Counsel soldiers when complaints and claim are received. If the soldier is suspected of criminal conduct, self-incrimination protections (article 31, Uniform Code of Military Justice (UCMJ) and rights advisement) must be provided. (See § 584.2(g)(4).)</P>
        <P>(iv) Answer all correspondence received from CG, USACFSC and other DA officials. In answering this correspondence, the commander will—</P>
        <P>(A) Furnish complete details regarding nonsupport complaints, child custody complaints, and paternity claims.</P>
        <P>(B) Reveal whether or not the soldier authorized the release outside the Department of Defense (DOD) of information obtained from a system of records. His or her decision should be recorded on DA Form 5459-R (Authorization to Release Information from Army Records on Nonsupport/Child Custody/Paternity Complaints).</P>
        <P>(v) Answer all correspondence received directly from family members, legal assistance attorneys, and others. Normally, replies will not include information obtained from a system of records without the soldier's written consent. (See § 584.1(f).) Commanders may coordinate responses with the Staff Judge Advocate (SJA). Also, the commander will ask the SJA for guidance in unusual or difficult situations.</P>
        <P>(vi) Inform the first level field grade commander of all instances of the soldier's repeated failure to meet the requirements of this regulation or to comply with court orders. Also, point out actions taken or contemplated to correct instances of nonsupport of family members or continuing violations of court orders.</P>
        <P>(vii) Refer correspondence or queries received from news media organizations to the unit, installation, or command public affairs officer for response.</P>

        <P>(viii) Take appropriate action against soldiers who fail to comply with this regulation. These actions include, but are not limited to, the actions in § 584.1(d)(5)(viii) (A) through (E). Failure to comply with the minimum support requirements (§ 584.2(d)) or the child custody provisions (§ 584.2(e)) of this regulation may be charged as violations of article 92, UCMJ. Article 132, UCMJ, prohibits the making of false claims. Article 133, UCMJ, covers conduct unbecoming an officer. Article 134, UCMJ, concerns dishonorable failure to pay debts and conduct of a nature to bring discredit upon the Armed Forces. Also, the criminal laws of some States prohibit the abduction of children by a parent or the nonsupport of family members <PRTPAGE P="447"/>in violation of existing court orders. These laws may also apply against soldiers under article 134, UCMJ, and Assimilative Crimes Act, section 13, title 18, United States Code (18 U.S.C. 13).</P>
        <P>(A) Denial of reenlistment for enlisted members (AR 601-280).</P>
        <P>(B) Letter of reprimand for filing in a soldier's Military Personnel Records Jacket or Official Military Personnel File (AR 600-37).</P>
        <P>(C) Administrative separation from the service (AR 635-100 or AR 635-200).</P>
        <P>(D) Nonjudicial punishment under article 15, UCMJ.</P>
        <P>(E) Court-martial.</P>
        <P>(ix) Urge soldiers to provide additional financial support beyond the required minimum whether the needs of the family so require.</P>
        <P>(x) After coordination with the SJA and appropriate command representatives, and under applicable State, Federal, and host country laws, take remedial steps to assist in the following:</P>
        <P>(A) Elimination of continuing violations of court orders and this regulation on child custody.</P>
        <P>(B) Return of such children to the parent or guardian entitled to custody.</P>
        <P>(6) The unit, installation, or command public affairs officer will—</P>
        <P>(i) Answer correspondence and queries received from news media organizations.</P>
        <P>(ii) Coordinate with the SJA before making any response.</P>
        <P>(e) <E T="03">Policy.</E> (1) Soldiers of the Army are required to manage their personal affairs statisfactorily. This responsibility includes—</P>
        <P>(i) Providing adequate and continuous support to or for family members. (See § 584.2.)</P>
        <P>(ii) Complying with all court orders.</P>
        <P>(2) The Army has an interest in the welfare of both soldiers and their families. This is recognized by numerous laws and programs authorizing the following:</P>
        <P>(i) Family housing.</P>
        <P>(ii) Living and travel allowances.</P>
        <P>(iii) Medical care.</P>
        <P>(iv) Child care and development.</P>
        <P>(v) Community support services.</P>
        <P>(3) Because of military duty, soldiers and their families often live in States in which they have not established domicile. Frequently, they reside in foreign nations. This often places soldiers beyond the judicial process of State courts.</P>
        <P>(4) The Army recognizes the transient nature of military duty. This regulation prohibits the use of a soldier's military status or assignment to deny financial support to family members or to evade court orders on child support or custody. Commanders have a responsibility to ensure that soldiers provide for the welfare of their families. Before recommending approval of requests for, or extensions of, oversea assignments, commanders should consider whether the soldier's oversea assignment will adversely affect the legal rights of family members in pending court actions against the soldier.</P>
        <P>(5) The policy in this regulation regarding the financial support of family members is solely intended as an interim measure until the parties—</P>
        <P>(i) Arrive at a mutually satisfactory agreement, or</P>
        <P>(ii) Resolve their differences in court.</P>
        <P>(6) Soldiers are entitled to the same legal rights and privileges in State courts as civilians. This includes determining the extent and amount of their support obligations to family members. This regulation is not intended to be used as a guide by courts in determining the following:</P>
        <P>(i) The existence of support obligations.</P>
        <P>(ii) The amount of past, present, or future support obligations.</P>
        <P>(f) <E T="03">Release of information.</E> (1) Soldiers will be provided the opportunity of completing DA Form 5459-R before being questioned about compliants or claims under this regulation. Information voluntarily provided by soldiers may be used by commanders to answer inquiries. Replies normally will not include information obtained from a system of records without the soldier's written consent.</P>

        <P>(2) Some information may be released outside DOD from a system of records even without the soldier's written consent. Under the Privacy Act (5 U.S.C. 552a(b)(2) and AR 340-21, para 3-3), information may be released, if required, under the Freedom of Information Act. Under 5 U.S.C. 552(b)(6) and AR 340-17, chapter III, information from personnel and other similar files <PRTPAGE P="448"/>may be released if it does not constitute a “clearly unwarranted invasion of privacy.” The information released must be in the public interest.</P>
        <P>(3) The type of information that may be released from a system of records without the soldier's consent will vary from case to case. In each case, the public interest of having soldiers support their families and obey court orders must be balanced against the sensitivity of the privacy interests involved. Army policy favors permanent resolution of support and custody matters in court. The denial of information that hinders such resolution is not in the public interest.</P>
        <P>(4) Before releasing information from a system of records without the soldier's consent, commanders may consult the SJA. Generally, the types of information shown below may be released to the complaining family member entitled to support or those authorized by the family member to act in his or her behalf (for example, legal assistance attorneys, Member of Congress, courts, Government welfare agencies).</P>
        <P>(i) Present unit of assignment, including port calls and future duty assignments, permanent or temporary, if known.</P>
        <P>(ii) Scheduled separation and retirement dates from the Service.</P>
        <P>(iii) Rank and authorized pay and allowances for that grade.</P>
        <P>(iv) Allotments authorized or being authorized for or in behalf of the family member entitled to support.</P>
        <P>(v) The soldier's stated intentions, if any, regarding resolution of the complaint.</P>
        <P>(vi) The general whereabouts of the soldier's children, if known.</P>
        <P>(5) The SJA should be consulted for legal advice before the residential address of a soldier or family member is released.</P>
        <P>(6) Any information released should be pertinent to the inquiry. The soldier's relationship, if any, to the person making the inquiry, should be considered. Consistent with the purpose of this regulation, information that unduly invades the privacy of the soldier or his or her family should not be released.</P>
        <P>(g) <E T="03">Penalties.</E> Compliance with the minimum support requirements § 584.2(d)) and child custody provisions (§ 584.2(e)) of this regulation will be enforced by administrative and criminal remedies as appropriate.</P>
        <P>(h) <E T="03">Basic allowance for quarters.</E> A summary of the rules regarding entitlements to basic allowance for quarters (BAQ) is in § 584.7. The minimum support requirements of this regulation are stated in amounts equal to a soldier's BAQ at the “with dependents” rate. However, a soldier's entitlement or lack of entitlement to such allowances has no relationship to the obligation under this regulation to support family members. Except for § 584.2(f)(2)(ii)(B), the actual receipt or nonreceipt of BAQ also has no relationship to that obligation.</P>
        <P>(i) <E T="03">Entitlement of variable housing allowance.</E> Soldiers entitled to BAQ at the “with” or “without dependents” rate may be entitled to variable housing allowance (VHA). Terms for receiving VHA are set forth in the Joint Travel Regulations, M4550 through M4557. Soldiers may use VHA to defray housing costs for family members.</P>
        <P>(j) <E T="03">Garnishment.</E> A summary of the rules regarding garnishment of Federal wages is in § 584.8.</P>
        <P>(k) <E T="03">Involuntary allotments.</E> A summary of the rules regarding involuntary allotments from pay and allowances is in § 584.9.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 584.2</SECTNO>
        <SUBJECT>Family support and child custody.</SUBJECT>
        <P>(a) <E T="03">General.</E> (1) This chapter requires soldiers to provide financial support to family members and to obey court orders on child custody. It also provides guidance and policy to commanders to follow when resolving nonsupport and child custody issues. Consistent with specific provisions below, a soldier will—</P>
        <P>(i) Furnish financial support to family members that meets at least the minimum support requirements of this regulation (§ 584.2(d)).</P>
        <P>(ii) Provide such additional support within his or her financial ability to meet the financial needs of family members (§ 584.2(j)).</P>

        <P>(iii) Comply with all court-imposed obligations (§ 584.2(c)(3)).<PRTPAGE P="449"/>
        </P>
        <P>(iv) Obey court orders and this regulation on child custody and visitation rights (§ 584.2(e)).</P>
        <P>(2) It is the responsibility of soldiers to resolve nonsupport issues with family members by one of the methods shown in § 584.2(a)(2)(i) through (iii). In all cases, Army support policy for family members should be considered temporary until either an agreement has been reached between the parties (including those acting on behalf of minor children) or court action has been taken.</P>
        <P>(i) Oral agreements.</P>
        <P>(ii) Written support agreements.</P>
        <P>(iii) Court orders.</P>
        <P>(3) Each complaint of nonsupport will be considered individually by the soldier's immediate commander. Alleged desertion or other marital misconduct on the part of a spouse has no effect on a soldier's obligation to provide financial support as required by § 584.2(d).</P>
        <P>(b) <E T="03">Separation from family due to military service.</E> Military service often requires soldiers to live separately from their families during oversea service or extended temporary duty. Soldiers must plan carefully for the support of their families during these periods. Commanders will educate soldiers and their families on the advantages of joint bank accounts. Such arrangements usually minimize the hardship and financial burden on family members that may occur during periods of such separation. If proper, commanders will urge soliders to start an allotment to or for their family to ensure continuous financial support. The amount of such a support allotment should be set up by agreement between the soldier and his or her family. In the absence of such an agreement or a court order, the provisions of § 584.2(d)(2) apply. Each soldier is expected to keep reasonable contact with family members to minimize inquiries, claims, and compliants sent to Army officials.</P>
        <P>(c) <E T="03">Support by oral agreement, written support agreement, or court order</E>—(1) <E T="03">Oral agreement.</E> It is not the Army's policy to involve itself in disputes over the terms or enforcement of oral support agreements. Where an oral agreement exists and is being followed, the Army need not and will not interfere. When a dispute arises, the Army will require compliance only with the provisions of this regulation. Thus, if a family member complains that a soldier is not sending an agreed upon amount that is less or more than the minimum required by § 584.2(d), the commander will advise the soldier to either send the agreed upon amount or the minimum amount required by § 584.2(d). Section 584.2(d) applies when the parties cannot reach an oral agreement or the amount agreed upon is in dispute. In appropriate cases, the commander can order additional support beyond the minimum amount required by § 584.2(d). (See § 584.2(j).)</P>
        <P>(2) <E T="03">Written support agreement.</E> If the parties are separated and have a signed written agreement, the amount of support specified in such an agreement controls. A signed written agreement includes a separation agreement or a property settlement agreement. A written agreement on support also may be shown by letters exchanged between the parties in which the amount of support has been agreed to by the parties. If the agreement is silent on an amount of spousal and/or child support, the interim minimum financial support requirements of § 584.2(d)(2) apply. The amount specified in the written agreement will be deemed adequate until modified by—</P>
        <P>(i) Another agreement reduced to writing and signed by both parties.</P>
        <P>(ii) Court order.</P>
        <P>(3) <E T="03">Court order.</E> (i) Court orders often contain other financial obligations, such as provisions for property division, marital property awards, and payment of medical and other expenses. Commanders have a responsibility to ensure that soldiers comply with these provisions. Soldiers will comply with all court-imposed obligations. Failure to do so may result in costly and time-consuming litigation or court contempt proceedings. These actions often are to the detriment of the soldier and the unit's readiness mission. Section 584.2 (d)(1)(i), however, only applies to court orders directing the soldier to provide financial support to family members on a periodic basis.</P>

        <P>(ii) Court orders under this regulation include those orders issued by the <PRTPAGE P="450"/>courts of the Federal Republic of Germany (FRG). The courts must have acquired valid jurisdiction consistent with the provisions of articles 32 through 37 of the Supplementary Agreement concerning foreign forces stationed in the FRG. This agreement supplements the North Atlantic Treaty Organization Status of Forces Agreement. A soldier will comply with all other foreign nation court and administrative orders that are recognized by treaty or international agreement.</P>
        <P>(iii) Commanders should be aware that conditions may have changed greatly from when a court order was issued. For example, a soldier may have gained other family responsibilies. Many outstanding and uncontested support orders against soldiers cause severe hardship. Such orders can only be modified by a court. If a soldier's income appears inadequate to satisfy an outstanding order and still maintain the soldier, the commander should urge the individual to consult a legal assistance attorney. However, the soldier will comply with the terms of a court order until relieved of this obligation by modification of the order by a court.</P>
        <P>(d) <E T="03">Minimum support requirements.</E> (1) Soldiers will not violate the following:</P>
        <P>(i) Financial support provisions of a court order.</P>
        <P>(ii) Financial support provisions of a written support agreement in the absence of a court order.</P>
        <P>(iii) Interim minimum financial support requirements of § 584.2(d)(2) in the absence of a court order or written support agreement.</P>

        <P>(2) In the absence of a court order or written support agreement, and until such an order or agreement is obtained, the following interim <E T="03">minimum</E> financial support requirements apply:</P>
        <P>(i) <E T="03">Single family units.</E> (A) Family not living in Government family quarters. The soldier will provide support in an amount equal to the soldier's BAQ at the with-dependents rate. This amount of financial support will be provided for this family unit regardless of whether or not the soldier is—</P>
        <P>(<E T="03">1</E>) Receiving BAQ.</P>
        <P>(<E T="03">2</E>) Occupying Government family quarters.</P>
        <P>(B) Family living in Government family quarters. While the supported family is occupying Government family quarters, the soldier will provide an amount equal to the difference between BAQ at the with- and without-dependents rate. When the supported family members move out of Government family quarters, support will be provided in an amount equal to BAQ at the with-dependents rate for the soldier's rank.</P>
        <P>(ii) <E T="03">Multiple-family units.</E> In multi-family unit support situations, each supported family member will receive a pro-rata share of the BAQ at the with-dependents rate. This share will be determined by dividing an amount equal to BAQ at the with-dependents rate for the soldier's rank by the total number of supported family members (excluding former spouses). The following modifications apply: First, any court ordered support will be paid as stated. Secondly, supported families living in Government family quarters will receive an amount equal to the difference between BAQ at the with- and without-dependents rate for the soldier's rank. Lastly, any remaining family members (excluding former spouses) will receive a pro-rata share of the BAQ amount. This will be provided regardless of the amount of support paid to other family members. Following are examples:
        </P>
        <EXAMPLE>
          <HD SOURCE="HED">(A)</HD>
          <P>
            <E T="03">Example 1.</E> A soldier is divorced and has three children from that marriage. The soldier is required by a court order to pay $300 per month for the children and $100 per month for the former spouse. The soldier has remarried and has two more family members (spouse and child) living in private housing. The soldier now has a total of five family members that he or she must support under Army policy. (A former spouse does not qualify as a family member in pro-rata determinations.) The children by the previous marriage must receive $300 and the former spouse must receive $100 per the court order. The present spouse and child should receive support equal to two-fifths of BAQ at the with-dependents rate for the soldier's rank.</P>
        </EXAMPLE>
        <EXAMPLE>
          <HD SOURCE="HED">(B)</HD>
          <P>
            <E T="03">Example 2</E>. A soldier has one child by a previous marriage. There is no court order for child support. The soldier is unable to show that the court granting the divorce had personal jurisdiction over the soldier so as to be able to order child support. The soldier has remarried and has a spouse and two children living in private housing. The soldier now has a total of four family members that he or she must support under Army policy. <PRTPAGE P="451"/>(These family members are the child by a previous marriage and the present spouse and two children.) Each family member should receive support equal to one-fourth of BAQ at the with-dependents rate for the soldier's rank.</P>
        </EXAMPLE>
        <EXAMPLE>
          <HD SOURCE="HED">(C)</HD>
          <P>
            <E T="03">Example 3.</E> A soldier has two children by a previous marriage. The soldier is required by court order to pay $200 per month for these children. Also, the soldier is required to pay $75 per month for support of a child per a court order that has declared him to be the father. He has remarried and has a spouse and three children living in Government family quarters. The soldier now has a total of seven family members that he must support under Army policy. The children by his previous marriage must receive $200 per the court order. His other child must receive $75 per the court order. The spouse and children of his present marriage should receive an amount equal to the difference between BAQ at the with- and without-dependents rate for the soldier's rank.</P>
        </EXAMPLE>
        
        <P>(iii) Military members married to one another. In the absence of a court order or written support agreement, an Army soldier is not required to provide support to a spouse on active duty in the Armed Forces.</P>
        <P>(iv) Children of military member parents.</P>
        <P>(A) <E T="03">Single family units.</E> In the absence of a court order or written support agreement, the following interim support requirements apply:</P>
        <P>(<E T="03">1</E>) Single family units when the Army soldier does not have custody of any children of the marriage. The Army soldier will pay an amount equal to the difference between his or her own BAQ at the with- and without-dependents rate to the military member having custody of the child or children of the marriage. This amount of financial support will be provided regardless of which military member, if any, is receving BAQ or occupying Government family quarters.</P>
        <P>(<E T="03">2</E>) Single family units when the Army soldier has custody of the child or children of the marriage (for example, Army soldier has custody of one child and spouse has custody of two children). In this situation, the Army soldier is not required to provide a minimum amount of financial support for the children in the other military member's custody.</P>
        <P>(B) <E T="03">Multiple-family units.</E> The provisions of § 584.2(d)(2)(ii) apply. However, the amount in § 584.2(d)(2)(iv)(A) will not be diminished by proration because of the Army soldier's financial support obligations to other family members. For example: An Army soldier has an adopted child from a previous marriage. The soldier is required by court order to pay $150 per month for this child. The soldier presently is married to a spouse on active duty with the Air Force. They have two children from this marriage. The Air Force member and children reside in private housing. The Army soldier has a total of three family members that he or she must support. The Army soldier will pay $150 a month to the adopted child per the court order. The children from the present marriage will receive an amount equal to the difference between his or her BAQ at the with- and without-dependents rates for the Army soldier's rank.</P>

        <P>(3) A commander has no authority to excuse a soldier from complying with the interim <E T="03">minimum</E> support requirements of § 584.2(d)(2) when they are applicable.</P>
        <P>(4) In the absence of a contrary provision in a written support agreement or court order, monthly financial support to family members will be sent before the last calendar day of the month for which the support is due. If the family members are not residing together, the soldier will ensure each family member receives his or her pro-rata share. (For example, spouse lives along and the children live with their grandparents.)</P>
        <P>(e) <E T="03">Child custody.</E> (1) A soldier relative, who is aware that another person is a lawful custodian of an unmarried child under the age of 14 years, will not—</P>
        <P>(i) Abduct, taken, entice, or carry away the child from the lawful custodian.</P>
        <P>(ii) Withhold, detain, or conceal the child away from the lawful custodian.</P>

        <P>(2) A “lawful custodian” is a person authorized, either along or together with another person or persons, to have custody and exercise control over a child less than 14 years of age by order of a court. The fact that joint custody has been awarded to both parents by a court does not preclude a violation of this paragraph by the soldier parent. However, in the absence of a court <PRTPAGE P="452"/>order to the contrary, the mother of a child born out of wedlock who is not then, nor has ever been, married to the father of the child is deemed the “lawful custodian” of that child for the purpose of this regulation.</P>
        <P>(3) A soldier relative is a soldier who is the parent, grandparent, brother, sister, uncle, aunt, or one who has at some time been the lawful custodian of the child.</P>
        <P>(4) It is a defense to a violation of this paragraph that the soldier—</P>
        <P>(i) At the time of the offense had custody of the child to the exclusion of others pursuant to a valid order of a court having jurisdiction over the child; or</P>
        <P>(ii) Voluntarily returned the child to the lawful custodian within 96 hours after return was demanded by the lawful custodian.</P>
        <P>(f) <E T="03">Relief from the minimum support requirement.</E> (1) Court orders with financial support provisions.</P>
        <P>(i) Court ordered financial support will be by the terms of the court order. Relief from a court order can only be obtained under the law. Nothing in this regulation affects or lessens a soldier's legal obligation to comply strictly with the terms of a court order.</P>
        <P>(ii) A soldier who disobeys a court order may be held in contempt of the court that issued the order. Also, a soldier may be punished for violating this regulation. It is, however, a defense to any violation of § 584.2(d)(1)(i) that—</P>
        <P>(A) The court issuing the order was without jurisdiction to do so, and</P>
        <P>(B) The soldier at all times has been complying with any of the following:</P>
        <P>(<E T="03">1</E>) The financial support provisions of another court order.</P>
        <P>(<E T="03">2</E>) The financial support provisions of a written support agreement.</P>
        <P>(<E T="03">3</E>) The interim minimum financial support requirements of § 584.2(d)(2).</P>
        <P>(<E T="03">4</E>) Court orders without financial support provisions.</P>
        <P>(iii) A soldier will provide financial support to family members unless expressly relieved of this obligation by—</P>
        <P>(A) Court order.</P>
        <P>(B) Written support agreement.</P>
        <P>(iv) A soldier will provide financial support under § 584.2(f)(2) to family members, which meets at least the minimum support requirements of this regulation. The financial support will be provided even when a court order contains no provision as to support except as follows:</P>
        <P>(A) A soldier has no obligation to provide financial support to a former spouse except by order of court.</P>
        <P>(B) A soldier has no obligation to provide financial support to minor children of the marriage if he or she can show the following:</P>
        <P>(<E T="03">1</E>) The court issuing the final order of divorce had personal jurisdiction over the soldier to order child support.</P>
        <P>(<E T="03">2</E>) The soldier is not receiving BAQ at the “with dependents” rate based solely on the support of the minor children in question.</P>
        <P>(<E T="03">3</E>) <E T="03">Written support agreements.</E> If a financial support obligation is evidenced by a written agreement between the parties, the soldier can only be relieved of this obligation by another written agreement or by court order.</P>
        <P>(<E T="03">4</E>) <E T="03">Greater spousal income.</E> In the absence of a written support agreement or court order, a soldier has no obligation to support a civilian spouse who is receiving an annual income equal to or greater than the annual gross pay of the soldier. The income of the spouse does not affect the soldier's obligation to provide financial support to the children of that marriage in the physical custody of the spouse on a pro-rata basis. Example: A soldier is living in Government family quarters with one of their children. The soldier's spouse deserted the soldier and lives in private housing with their other child. The soldier's spouse earns $5,000 more in annual income from a civilian job than the soldier earns in annual gross pay. There is no court order or written support agreement. The soldier has a total of three family members. However, under Army support policy, the soldier does not have to provide a pro-rata share of financial support to the spouse because the spouse's income exceeds that of the soldier. (Note that under § 584.2(a)(3) marital misconduct is not a relevant consideration.) The soldier must support the child in Government family quarters. In addition, the soldier must provide an amount equal to one-third of BAQ (pro-rata share) at the “with dependents” rate to the <PRTPAGE P="453"/>spouse on behalf of the child living with the spouse.</P>
        <P>(2) [Reserved]</P>
        <P>(g) <E T="03">Commander's inquiries.</E> (1) If a soldier denies he or she has a financial obligation to support a spouse or children for any reason, the soldier's commander will—</P>
        <P>(i) Inquire into the matter.</P>
        <P>(ii) Consult with the SJA prior to determining whether or not there is a support obligation. If there is no support obligation, BAQ at the “with dependents” rate should be stopped.</P>
        <P>(2) If a soldier claims he or she has made support payments as required by this regulation, the soldier's commander will—</P>
        <P>(i) Request the soldier to provide proof of payment in one of the following forms:</P>
        <P>(A) Canceled personal checks.</P>
        <P>(B) Leave and earnings statements showing allotments.</P>
        <P>(C) Postal or money order receipts accompanied by a sworn statement from the soldier that the order was sent to the family member. If possible, evidence that the postal or money order was cashed by the complaining party should be provided.</P>
        <P>(D) Other acceptable evidence of payment.</P>
        <P>(ii) Consult with the SJA, if necessary, to determine whether the soldier has provided enough proof of payment.</P>
        <P>(3) If a soldier is suspected of violating a child custody or visitation rights in a court order, the soldier's commander will—</P>
        <P>(i) Inquire into the matter.</P>
        <P>(ii) Consult with the SJA prior to taking action.</P>
        <P>(4) In any case in which the soldier is suspected of violating this regulation (§ 584.2(d) or (e)), or of having committed other offenses, the commander, prior to questioning the soldier, will advise him or her of—</P>
        <P>(i) The suspected offense.</P>
        <P>(ii) The right to remain silent under article 31, UCMJ.</P>
        <P>(iii) The right to counsel under the Fifth Amendment.</P>
        <P>(h) <E T="03">Form of support payment.</E> (1) Unless otherwise provided in the court order or by agreement, a financial support payment will be made in one of the following ways:</P>
        <P>(i) In cash.</P>
        <P>(ii) By check or money order.</P>
        <P>(iii) By allotment.</P>
        <P>(2) A soldier will receive credit for payments made to others on behalf of, and with the agreement of, the supported family members. Examples of support provided in kind include—</P>
        <P>(i) Rent.</P>
        <P>(ii) Utility services.</P>
        <P>(iii) Interest and principal due on loans, mortgages, or charge accounts.</P>
        <P>(iv) Insurance payments.</P>
        <P>(i) <E T="03">Arrearages.</E>
        </P>
        <P>(1) <E T="03">General.</E> A soldier who falls into arrears without legal justification or excuse is in violation of § 584.2(d).</P>
        <P>(2) Court orders and written support agreements.</P>
        <P>(i) Amounts in arrears based on a past failure to comply with a court order or written support agreement will be paid at once in a lump sum amount. If an immediate lump sum payment is impractical, soldiers are expected to work out arrangements with the court or the affected family members to pay arrearages on a scheduled basis. If arrangements can not be worked out, commanders will intervene and order payment of arrearages on a scheduled basis based on the soldier's ability to pay.</P>
        <P>(ii) When arrearages arise from noncompliance with court orders and written support agreements, this may result in—</P>
        <P>(A) Garnishment of the soldier's pay account (§ 584.8).</P>
        <P>(B) Initiation of an involuntary allotment against the soldier's pay account (§ 584.9).</P>
        <P>(C) Contempt of court proceedings.</P>
        <P>(D) Recoupment of BAQ received by the soldier.</P>
        <P>(iii) Administrative or punitive action may be taken on a violation of this regulation for any month in which the soldier failed to provide the required financial support even if the amount in arrears eventually is paid.</P>

        <P>(3) Interim minimum financial support requirements. A soldier should be encouraged to pay the amount in arrears based on past noncompliance with the interim minimum financial support requirements (§ 584.2(d) (1)(iii) <PRTPAGE P="454"/>and (2)). However, a soldier cannot be ordered to pay such an amount. Nevertheless, administrative or punitive action may be taken on a violation of this regulation for any month in which the soldier failed to provide the required financial support even if the amount in arrears eventually is paid. Also, failure to provide required financial support in the past may be considered, together with other factors, in a commander's determination of the amount of additional support that may be ordered. (See § 584.2(j).)</P>
        <P>(j) Additional support where there is no support agreement or court order.</P>
        <P>(1) Ordinarily, a soldier should not be required to provide financial support beyond that required by § 584.2(d)(1)(iii). However, a soldier should provide additional support within his or her ability to meet the basic financial needs of family members when the interim support requirements of this regulation are shown to be inadequate.</P>
        <P>(2) If there is a demonstrated need for immediate and temporary additional support because of unexpected and unforeseen circumstances and the parties are unable to agree on such additional support, a commander may order temporary additional support.</P>
        <P>(3) Commanders will consider the following factors in determining the amount of additional support, if any, that a soldier should provide when a request for additional support is received:</P>
        <P>(i) The pay, allowances, separate income, and other financial resources of both the soldier and the family member for whom additional support is requested.</P>
        <P>(ii) The earning capacity of the family member on whose behalf support is requested.</P>
        <P>(iii) The financial savings of the soldier and family member.</P>
        <P>(iv) The separate and joint debts of the soldier and family member, by whom those debts were incurred, and the reasons behind them.</P>
        <P>(v) The soldier's duty to provide financial support to other family members, including former spouses.</P>
        <P>(vi) The financial needs of the soldier and the family member and whether these needs are temporary or permanent in nature.</P>
        <P>(vii) The standard of living of the soldier and family member and whether such standard of living is reasonable under the circumstances.</P>
        <P>(viii) With regard to spousal support, the duration of the marriage and the circumstances under which the parties separated.</P>
        <P>(ix) The extent of the soldier's or family member's compliance with existing court orders and written support agreements. This includes those provisions dealing with child custody, visitation rights, property division, and marital property awards.</P>
        <P>(x) The amount in arrears owed by the soldier based on past noncompliance with the minimum support requirements. (See § 584.2 (d) and (i).)</P>
        <P>(xi) Any other fact which, in the judgment of the commander, has a logical bearing upon the amount of additional support the soldier reasonably should be expected to provide.</P>
        <P>(k) <E T="03">Procedure for making complaints.</E> (1) Complaints about nonsupport of family members and noncompliance with court orders on financial support and child custody should be sent through command channels. The complainant should be referred to the immediate commander of the soldier concerned.</P>
        <P>(2) The Inspector General (IG) may assist in properly routing the complaint. The IG also may assist if the responsible commander has failed to respond in a satisfactory manner or as required by this regulation. (See AR 20-1, para 4-9.)</P>
        <P>(3) The USACFSC (DACF-IS-PA) has set up an office to assist in these cases. USACFSC will provide policy interpretations and guidance on unresolved or complex cases, as needed. USACFSC normally will go through command channels to the immediate commander of the soldier concerned requesting that action be taken under this regulation.</P>
        <P>(4) Family members who present complaints against a military member of another Service (Air Force, Marine Corps, Navy, or Coast Guard) should be referred to the appropriate Service.</P>
        <P>(l) <E T="03">Commander's actions</E>. (1) Upon receipt of a complaint of nonsupport or noncompliance with court orders, including provisions on child custody or <PRTPAGE P="455"/>visitation rights, the commander will review the complaint. He or she will do the following if the information is incomplete:</P>
        <P>(i) Acknowledge receipt of the complaint.</P>
        <P>(ii) Explain that the information or documentation sent is not enough to give proper help.</P>
        <P>(iii) If appropriate, send the complainant DA Form 5460-R (Request for Help in Receiving Support and/or Identification Cards for Family Members).</P>
        <P>(iv) Advise that help will be given with the complaint upon return of the completed form and other requested information and documents.</P>
        <P>(v) If appropriate, advise that DA Form 5460-R alone is not enough documentation for issuance of a dependent identification card (ID card) (AR 640-3). Documentation (that is, court orders, birth certificates, marriage certificates, etc.) must be provided to support eligibility for benefits.</P>
        <P>(vi) Answer any policy or procedural questions that have been asked.</P>
        <P>(2) Upon receipt of DA Form 5460-R or a complaint that has enough information to properly respond, the commander will—</P>
        <P>(i) Review soldier's legal financial obligations in light of the complaint and the facts presented by all parties concerned.</P>
        <P>(ii) If necessary, ask the SJA if the complaint is valid, if the soldier must provide financial support or give up custody of children, and any other related questions.</P>
        <P>(iii) Notify the soldier of the complaint of nonsupport or of a violation of a child custody court order.</P>
        <P>(iv) Require the soldier to complete and sign DA Form 5459-R. Information obtained from a system of records ordinarily will not be released outside DOD without the soldier's consent. (See § 584.1(f).)</P>
        <P>(v) If the soldier is suspected of violating this regulation or of having committed other offenses, the commander, prior to questioning the soldier, will also advise him or her of—</P>
        <P>(A) The suspected offense.</P>
        <P>(B) The right to remain silent under article 31, UCMJ.</P>
        <P>(C) The right to counsel under the Fifth Amendment.</P>
        <P>(vi) Explain the following to the soldier:</P>
        <P>(A) The Army's policies regarding support of family members and compliance with court orders.</P>
        <P>(B) That refusal to give required support per this regulation may result in administrative or punitive action.</P>
        <P>(C) That a soldier is not entitled to BAQ at the “with dependents” rate when no part of the allowance is given to family members. Therefore, collection action may be initiated by the Army.</P>
        <P>(vii) Explain what garnishment is (§ 584.8) and how it might affect the soldier's pay, allowances, and allotments. For example, explain that the amount garnisheed monthly might significantly exceed monthly support obligations previously agreed upon.</P>
        <P>(viii) Tell the soldier of any court order for attachment or garnishment that has been received. Immediately send the court documents to the Commander, U.S. Army Finance and Accounting Center (USAFAC), ATTN: FINCL-G, Indianapolis, IN 46249-0260 for action. (See § 584.8(b).) Also, inform the soldier that if the document is in proper legal form, a portion of the soldier's pay and allowances will be garnisheed.</P>
        <P>(ix) Explain involuntary allotments (§ 584.9) if appropriate.</P>
        <P>(x) Coordinate with the soldier's servicing finance and accounting office (FAO) for problems of pay, allowances, and allotments.</P>
        <P>(xi) Urge soldiers to provide continuous support to family members by allotment. The allotment should be for the mutually agreed amount, court order, or as computed under this regulation. An account may be set up in a financial institution by the recipient to receive the allotment. This action may preclude delays in receipt and other related problems in the future.</P>
        <P>(xii) Help the soldier start an allotment to make the required support payments. Also, advise the soldier to let the commander know if there is a change or stoppage to the support allotment.</P>

        <P>(xiii) Give the soldier a chance to consult with a legal assistance attorney if he or she desires. However, the commander should ensure that this is <PRTPAGE P="456"/>not used as a delaying tactic. Where appropriate, a support payment plan should be initiated without delay.</P>
        <P>(xiv) Urge soldiers thinking about divorce to seek legal advice from a legal assistance attorney. Also, advise the soldier to ensure an amount of support is included in the court order for their children. This action may help to prevent future disputes.</P>
        <P>(xv) Ensure that the soldier is not receiving BAQ at the “with dependents” rate when not entitled to it. (See § 584.7.)</P>
        <P>(xvi) Ask the soldier about his or her intentions. Give the soldier the chance to furnish a voluntarily signed statement admitting or denying the complaint and stating his or her intentions.</P>
        <P>(xvii) Send complaints received to the soldier's new duty station if he or she has been reassigned. Advise the complainant of the soldier's reporting date and the unit address to which correspondence should be sent. If proper, give the complainant a copy of DA Form 5460-R.</P>
        <P>(3) Advise the complainant courteously and promptly—</P>
        <P>(i) Of the Army policy in suitable areas of concern.</P>
        <P>(ii) Of the soldier's intentions, if the soldier allows release of the information.</P>
        <P>(iii) That personal problems outside the requirements of this regulation must be resolved in court if the parties cannot agree.</P>
        <P>(4) If proper to the situation, remind complainant of other helping agencies on post, such as the chaplain and Army Community Service. These agencies can give timely, interim help to meet immediate needs pending a more permanent resolution of the problem.</P>
        <P>(5) Retain the statements allowing or forbidding release of information to the complainant and the soldier's intentions with the case file for future reference. Documents/records will be filed per AR 600-37 and the Army Functional Files System (AR 340-2 and AR 340-18).</P>
        <P>(6) Monitor actions closely to ensure promises of support or other actions by soldiers to complainants are being met.</P>
        <P>(7) Consider administrative or punitive action if proper.</P>
        <P>(8) Inform the first level field grade commander of the soldier's repeated failure to meet the requirements of this regulation. Also, point out actions taken or contemplated to correct instances of nonsupport of family members or violations of child custody court orders.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 584.3</SECTNO>
        <SUBJECT>Paternity claims.</SUBJECT>
        <P>(a) <E T="03">General.</E> (1) This chapter sets policy and procedures to process paternity claims against male Army soldiers. These procedures apply to claims made in the continental United States and in foreign countries. They apply to claims made by the claimant or on behalf of the claimant by attorneys, court officials, and others.</P>
        <P>(2) Soldiers will be informed of paternity claims against them. Commanders will ensure that soldiers are advised of their legal rights and will advise soldiers of their moral and legal obligations in the matter. Soldiers admitting paternity will be urged to provide the necessary financial support to the child. Also, they will take any other action proper under the circumstances.</P>
        <P>(b) Procedures for questioning soldiers about paternity claims upon receipt of a claim of paternity against a soldier, the commander will take the following actions:</P>
        <P>(1) If there is evidence that an offense (for example, rape, indecent acts with a minor) may have been committed—</P>
        <P>(i) Inform law enforcement officials.</P>
        <P>(ii) Inform the soldier of the suspected offense. Before questioning, advise the soldier of his right to remain silent under article, 31, UCMJ, and his right to counsel under the Fifth Amendment.</P>
        <P>(iii) Coordinate further action under this regulation with the SJA and law enforcement officials if appropriate.</P>
        <P>(2) If there is no evidence that an offense was committed—</P>
        <P>(i) Allow the soldier a chance to talk with a legal assistance attorney about his legal rights and obligations.</P>

        <P>(ii) Require the soldier to complete and sign DA Form 5459-R. Information obtained from a system of records normally will not be released outside DOD without the soldier's consent. (See § 584.1(f).)<PRTPAGE P="457"/>
        </P>
        <P>(iii) Inform the soldier of Army policy on the support of family members contained in this regulation.</P>
        <P>(iv) Advise the soldier that a court order against him on the paternity claim, followed by a refusal to support a child born out of wedlock, could result in—</P>
        <P>(A) Administrative or punitive action for violating this regulation.</P>
        <P>(B) Garnishment of the soldier's pay account (§ 584.8).</P>
        <P>(C) Initiation of an involuntary allotment against the soldier's pay account (§ 584.9).</P>
        <P>(D) Contempt of court proceedings.</P>
        <P>(v) Ask the soldier about his intentions. Give the soldier the chance to furnish a voluntarily signed statement admitting or denying the claim and stating his intentions.</P>
        <P>(c) <E T="03">Procedures for processing paternity claims.</E> (1) When one of the conditions in § 584.3(c)(1)(i) applies, a claimant will be advised of the statement in § 584.3(c)(1)(ii).</P>
        <P>(i) A soldier—</P>
        <P>(A) Refuses to answer questions about the paternity claim.</P>
        <P>(B) Denies paternity.</P>
        <P>(C) Admits paternity, but refuses to provide financial support.</P>
        <P>(ii) No action can be taken on the claim of paternity in the absence of a court order. The court order must identify the soldier in question as the father of the child. Also, the court order must direct that the soldier provide financial support to the child.</P>
        <P>(2) The commander will reply directly to the claimant or the attorney or court official she has authorized to act in her behalf. Information obtained from a system of records ordinarily will not be released outside DOD without the soldier's consent. (See § 584.1(f).)</P>
        <P>(3) If the soldier admits paternity and agrees to provide financial support, then the commander will—</P>
        <P>(i) Ask the claimant to provide a copy of the birth certificate.</P>
        <P>(ii) Help the soldier in filing for an allotment or providing other financial aid.</P>
        <P>(iii) Advise the claimant of the amount, effective date, and means of payment.</P>
        <P>(iv) Help the soldier apply for BAQ at the “with dependents” rate, if applicable. (A birth certificate may be required.)</P>
        <P>(v) Ensure an ID card is issued for the child after the relationship is documented, if proper. (A birth certificate may be required.) (See AR 640-3, para 3-3, for dependency criteria for ID cards.)</P>
        <P>(vi) Allow the soldier to take ordinary leave in order to marry the claimant, if leave is requested for this purpose. However, the leave may be delayed if it will interfere with military requirements. Travel in connection with leave (including travel to and from overseas commands) is the responsibility of the soldier. Travel will be at no expense to the Government. If the marriage is to take place overseas, the soldier must comply with AR 600-240 and AR 608-61 in applying for authorization to marry (DA Form 2029-R) (Application for Authorization to Marry Outside of the United States).</P>
        <P>(d) <E T="03">Court orders.</E> If a court order of paternity and support has been issued, the commander will—</P>
        <P>(1) Advise the soldier of the policy regarding support of family members.</P>
        <P>(2) Advise the soldier that refusal to support his child born out of wedlock could result in—</P>
        <P>(i) Garnishment of the soldier's pay account (§ 584.8).</P>
        <P>(ii) Initiation of an involuntary allotment against the soldier's pay account (§ 584.9).</P>
        <P>(iii) Contempt of court proceedings.</P>
        <P>(iv) Administrative or punitive action for violating this regulation.</P>
        <P>(3) Refer the soldier to a legal assistance attorney for advice on his legal rights and obligations.</P>
        <P>(4) Help the soldier file an attotment or give other financial aid.</P>
        <P>(5) Advise the claimant of the amount, effective date, and means of payment.</P>
        <P>(6) Help the soldier apply for BAQ at the “with dependents” rate, if applicable.</P>
        <P>(7) Ensure an ID card is issued for the child.</P>

        <P>(8) Consider administrative or punitive action if the soldier fails to obey the court order. (See § 584.1(d)(5)(viii.)<PRTPAGE P="458"/>
        </P>
        <P>(9) Inform the first level field grade commander of the soldier's repeated failure to meet the requirements of this regulation. Also, point out actions taken or contemplated to correct instances of nonsupport of family members.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 584.4</SECTNO>
        <SUBJECT>Adoption proceedings.</SUBJECT>
        <P>(a) <E T="03">General.</E> This chapter does not apply to those situations were a soldier is trying to adopt a child. It applies to those situations where another person is trying to adopt a legitimate or illegitimate child of a soldier. A child born in or out of wedlock normally may not be put up for adoption without the consent of the parents. Therefore, communications from a judge or court asking that a soldier appear at an adoption hearing must be answered.</P>
        <P>(b) <E T="03">Commander's actions.</E> The commander will—</P>
        <P>(1) Inform the soldier or the inquiry.</P>
        <P>(2) Urge the soldier to see a legal assistance attorney.</P>
        <P>(3) Advise the court or judge, as appropriate, that—</P>
        <P>(i) A request by the soldier for leave to attend an adoption hearing on (date) has been granted.</P>
        <P>(ii) A request by the soldier for leave to attend an adoption hearing on (date), if made, would be approved..</P>
        <P>(iii) Due to military requirements, the soldier cannot be granted leave to attend any court hearing until (date).</P>
        <P>(iv) The soldier has stated that he or she is not the natural parent of the child.</P>
        <P>(v) Since the soldier is not present because (give specific reasons), (for example, temporary duty or leave), a complete response cannot be made until (date).</P>
        <P>(vi) The soldier is no longer in this command. The commander will provide the soldier's new military address to the court or judge. The commander then will send a copy of the inquiry to the soldier's new commander and advise the court or judge of this action.</P>
        <P>(4) Furnish the soldier with a copy of the communication and the reply.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 584.5</SECTNO>
        <SUBJECT>U.S. citizenship determinations on children born out of wedlock in a foreign country.</SUBJECT>
        <P>(a) <E T="03">General</E>. (1) A child born out of wedlock in a foreign country of an American citizen father and an alien mother does not automatically gain U.S. citizenship. The child must first be legally acknowledged by the father. Marriage to the mother may be required in order for the child to acquire U.S. citizenship. The father also must establish that he had at least 10 years of physical presence in the United States prior to the child's birth. Five of those years must have been spent in the United States after the father's 14th birthday. United States military service counts as physical presence in the United States. (See 8 U.S.C. 1101(c)(1), 1401(g), and 1409(c).) Whether the child gains the citizenship of its mother depends entirely upon the laws of the nation in which she is a citizen.</P>
        <P>(2) A child born out of wedlock in a foreign country to an American citizen mother and an alien father or U.S. Citizen father gains U.S. citizenship at birth if the mother had been physically present in the United States for a continous period of 1 year prior to the child's birth. (See 8 U.S.C. 1409(c).) The child will gain the citizenship of the father only if the laws of the nation of which the father is a citizen so provide.</P>
        <P>(b) <E T="03">Procedures for claiming U.S. citizenship rights.</E> (1) A father desiring rights of U.S. citizenship for a foreign-born child must legally acknowledge the child as his own and prepare a case file. Each case is decided on its own merits. The Department of State, if the child is in a foreign nation, or the Immigration and Naturalization Service (INS), if the child is in the United States, will make the decision. Documents that may be important in supporting a citizenship determination are listed below:</P>
        <P>(i) Proof of father's citizenship. This may consist of any of the following:</P>
        <P>(A) A certified copy of his birth certificate (with a raised seal of the registrar of births).</P>
        <P>(B) A report of birth abroad (FS Form 240 (Report of Birth Abroad of a Citizen of the United States)).</P>
        <P>(C) A certificate of citizenship.<PRTPAGE P="459"/>
        </P>
        <P>(D) A certificate of naturalization.</P>
        <P>(E) A valid U.S. Passport.</P>
        <P>(F) A certified copy of an approved U.S. passport application.</P>
        <P>(G) Any secondary evidence acceptable by the State Department or INS.</P>
        <P>(ii) Affidavit of paternity.</P>
        <P>(iii) Proof of presence in the foreign country at time of conception. (This information can be extracted from the passport, DA Form 2-1 (Personnel Qualification Record—Part II), etc.).</P>
        <P>(iv) Child's birth certificate.</P>
        <P>(v) Proof of the father's physical presence in the United States for 10 years (5 after age 14).</P>
        <P>(vi) Blood type tests of the mother, the father, and the child. (At the request of the examining officer.)</P>
        <P>(vii) Two sworn affidavits (at the request of the examining officer) from individuals who personally knew the mother, father, and child at the time of birth and can identify the child.</P>
        <P>(viii) A copy of a certified English translation of all needed legal documents that are in a foreign language.</P>
        <P>(ix) An executed passport application with three signed pictures of the child.</P>
        <P>(2) The soldier may consult a legal assistance attorney for help in preparing the case file. The case file should be taken to the nearest American Embassy, Consulate General, or Consulate in the country where he and his child live. If the father is not present in the country where the child lives, he will do one of the following—</P>
        <P>(i) Take the necessary documents to the nearest American Embassy, Consulate General, or Consulate.</P>
        <P>(ii) Mail the documents to the Department of State, ATTN: Office of Citizens Consular Service, WASH DC 20520. That office, in conjunction with the American Consul abroad, will decide if the child is a U.S. citizen.</P>
        <P>(3) If both father and child are within the United States, a decision of citizenship status can be obtained from the INS. The soldier should file Form N-600 (Application for Certificate of Citizenship) at the nearest INS office. This form can be obtained from the INS. The appendix of AR 608-3 lists the location of INS offices.</P>
        <P>(4) Any soldier who claims to be a U.S. citizen has the burden of proving that claim to the Department of State or INS, as applicable.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 584.6</SECTNO>
        <SUBJECT>Procedures governing nonactive duty or discharged personnel.</SUBJECT>
        <P>(a) <E T="03">Procedures governing nonactive duty personnel.</E> (1) Nonsupport complaints and paternity claims against former soldiers or other not on active duty will be sent to the Commander, U.S. Army Reserve Components Personnel and Administration Center (RCPAC), ATTN: DARC-PSE-VS, 9700 Page Boulevard, St. Louis, MO 63132-5200.</P>
        <P>(2) After RCPAC verifies the status, the following officials will act as prescribed below:</P>
        <P>(i) Chief, National Guard Bureau, WASH DC 20310-2500, for members of the Army National Guard.</P>
        <P>(ii) The area commander concerned for Ready Reservists assigned to troop program units under his or her control. (See AR 140-1, para 1-6.)</P>
        <P>(iii) Commander, RCPAC for nonunit members assigned to Control Groups of the Ready Reserve, Standby Reserve, and Retired Reserve.</P>
        <P>(3) The officials cited above will ensure that correspondence claiming nonsupport or paternity is delvered to the person concerned, using military channels. When the correspondence cannot be delviered through military channels, it will be sent to the last known mailing address of the person by certified mail (PS Form 3811 (Return Receipt, Registered, Insured and Certified Mail)). It should be marked “Return Receipt Requested—Deliver to Addressee Only.” This form is available at U.S. post offices.</P>
        <P>(4) After delivery of correspondence, the responsible official will advise the complainant or claimant—</P>
        <P>(i) Of the date and method of delivery.</P>
        <P>(ii) That the military department does not control the personal affairs of nonactive duty personnel. These personnel usually are in a civilian status and are not subject to military discipline. Therefore, the matter has been left to the person's discretion.</P>

        <P>(iii) Of the person's mailing address only if the conditions in § 584.6(c) are met.<PRTPAGE P="460"/>
        </P>
        <P>(b) <E T="03">Procedures governing discharged personnel.</E> Nonsupport complaints or paternity claims against persons who have been discharged from the Service will be sent to RCPAC. These persons do not hold any military status whatsoever. Commander, RCPAC will return the correspondence and all accompanying documentation and advise the complainant or claimant—</P>
        <P>(1) That the person is no longer a member of the Army or the Reserve Components.</P>
        <P>(2) Of the date of discharge.</P>
        <P>(3) That the Army no longer has control or authorty over the discharged member. Therefore, the Army can take no further action in the matter.</P>
        <P>(4) Of the person's mailing address only if the conditions in § 584.6(c) are met.</P>
        <P>(c) <E T="03">Conditions for disclosing mailing address.</E> Nonactive duty and discharged personnel's mailing addresses will not be disclosed except for one of the following reasons:</P>
        <P>(1) The person consents in writing to the release of his or her address.</P>
        <P>(2) The complainant or claimant sends a court order directing the release of the address.</P>
        <P>(3) Any other reason that does not constitute a violation of the Privacy Act of 1974.</P>
        <P>(d) <E T="03">Retired personnel.</E> (1) Court orders for garnishment or attachment of pay of retired persons will be sent to USAFAC.</P>
        <P>(2) The complainant or claimant will be advised that correspondence may be sent to the retired member as follows:</P>
        <P>(i) Place correspondence in a stamped envelope with retired member's name typed or printed on the envelope.</P>
        <P>(ii) Place stamped envelope in a second envelope and send to the Commander, RCPAC, ATTN: DARC-PSE-VS, 9700 Page Boulevard, St. Louis, MO 63132-5200.</P>
        <P>(3) Commander, RCPAC will send the correspondence to the retired member but cannot release the address under the provisions of the Privacy Act of 1974.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 584.7</SECTNO>
        <SUBJECT>Basic allowance for quarters.</SUBJECT>
        <P>(a) <E T="03">Eligibility.</E> (1) Soldiers entitled to basic pay, who have family members, are entitled to BAQ at the rates prescribed for soldiers “with dependents” under certain conditions. The Department of Defense Military Pay and Allowances Entitlements Manual (DODPM) governs entitlements. (See DODPM, part 3, chap 2.)</P>
        <P>(2) Soldiers may receive BAQ at the “with dependents” rate as long as they pay at least the difference between BAQ at the with- and without-dependents rate each month in support of their families. (See DODPM, part 3.) This is so even if a divorce decree or court order is silent on support or releases the soldier from the responsibility of supporting the family. (See § 584.2(f)(2).) Normally, a soldier is not entitled to BAQ on behalf of a former spouse or stepchildren after the divorce. BAQ at the “with dependents” rate is not authorized when the soldier or the supported family is residing in Government family quarters. Also, if two soldier member-parents are supporting the same child, only one soldier member is entitled to BAQ at the “with dependents” rate.</P>
        <P>(b) <E T="03">False claims.</E> BAQ at the “with dependents” rate is not payable to soldier who are not supporting their families. Cases involving alleged failure or refusal of soldiers to pay at least the difference between BAQ at the with- and without-dependents rate for the support of family members will be referred to the proper FAO after investigation. Nonsupport of family members for whom BAQ is claimed may result in—</P>
        <P>(1) Collection of BAQ received but not given to the family members.</P>
        <P>(2) Stoppage of BAQ at the “with dependents” rate.</P>
        <P>(3) Punitive or administrative action against a soldier for—</P>
        <P>(i) Violating the minimum support requirements of this regulation.</P>
        <P>(ii) Submitting a fraudulent claim for BAQ based on false information.</P>
        <P>(c) <E T="03">Forfeiture of BAQ.</E> Forfeiture of the “with dependents” portion of BAQ does not relieve the soldier of the obligation to support family members as set up in this regulation.</P>

        <P>(d) BAQ entitlements versus Army minimum support requirements Terms for entitlements to BAQ are set forth in DODPM, part 3, chapter 2. Except as <PRTPAGE P="461"/>provided in this regulation, BAQ entitlements have no relationship to Army minimum support requirements.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 584.8</SECTNO>
        <SUBJECT>Garnishment.</SUBJECT>
        <P>(a) <E T="03">General.</E> (1) Pub. L. 93-647 (42 U.S.C. 659) permits garnishment, attachment, or assignment of Federal wages and retirement payments to enforce court-ordered child support and alimony obligations that are in arrears. It includes foreign court orders when—</P>
        <P>(i) Required by treaty or international agreement. (A soldier is subject to garnishment for child support issued by the FRG only while physically stationed in Germany.)</P>
        <P>(ii) Recognized by a court of competent jurisdiction. Applicable State laws govern legal procedures to be used by complainants. Jurisdictional or procedural challenges to garnishment actions remain the responsibility of individual members.</P>
        <P>(2) In the absence of State law more favorable to the soldier, 15 U.S.C. 1673 limits the amount of pay that can be garnisheed as follows:</P>
        <P>(i) Fifty percent of disposable pay when a soldier is supporting a spouse or dependent child who is not the subject of the support order. (See § 584.8(a)(3) for an explanation of disposable pay.)</P>
        <P>(ii) Sixty percent of disposable pay when a soldier is not supporting such spouse or dependent child.</P>
        <P>(iii) An additional 5 percent in each of the above cases if payments are more than 12 weeks overdue.</P>
        <P>(3) The items of pay listed in § 584.8(a)(3)(i) are subject to garnishment except for amounts deducted for the items listed in § 584.8(a)(3)(ii).</P>
        <P>(i) Items of pay and bonus subject to garnishment.</P>
        <P>(A) Basic pay.</P>
        <P>(B) Special pay (including enlistment and reenlistment bonuses).</P>
        <P>(C) Incentive pay.</P>
        <P>(D) Inactive duty training pay.</P>
        <P>(E) Academy officials pay (except personal money allowances).</P>
        <P>(F) Accrued leave payments (basic pay portion only).</P>
        <P>(G) Retired and retainer pay.</P>
        <P>(H) Lump-sum Reserve bonus.</P>
        <P>(I) Separation payments (readjustment pay and severance pay).</P>
        <P>(ii) Deductions not subject to garnishment.</P>
        <P>(A) Federal income tax withholding.</P>
        <P>(B) State income tax withholding.</P>
        <P>(C) Servicemen's Group Life Insurance.</P>
        <P>(D) Social Security taxes (Federal Insurance Contributions Act).</P>
        <P>(E) United States Soldier's and Airmen's Home.</P>
        <P>(F) Survivor Benefit Plan.</P>
        <P>(G) Retired Servicemen's Family Protection Plan.</P>
        <P>(H) Indebtedness to the United States and delinquent Federal taxes.</P>
        <P>(I) Fines and forfeitures ordered by a court-martial or commander.</P>
        <P>(b) <E T="03">USAFAC procedures.</E> The USAFAC will process most garnishment orders. Unless the order is contrary to Federal law or the laws of the jurisdiction from which it was issued, the soldier's pay will be garnished per the court order. Garnishment orders will be sent by certified or registered mail to the Commander, USAFAC, ATTN: FINCL-G, Indianapolis, IN 46249-0160. However, all legal process issued by German courts will be processed under DODPM, section 70710, when the soldier is stationed in the FRG. The documents must expressly state they pertain to child support or alimony. Also, the name and social security number (SSN) of the soldier must be included. The submission of a divorce decree or support order alone is not enough, as a garnishment order is required.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 584.9</SECTNO>
        <SUBJECT>Involuntary allotments.</SUBJECT>
        <P>(a) <E T="03">General.</E> Pub. L. 97-248 (42 U.S.C. 665) permits involuntary allotments from pay and allowances of soldiers on active duty as child, or child and spousal, support payments when—</P>
        <P>(1) The soldier has failed to make payments under a court order for 2 months or in a total amount equal to or in excess of the support obligations for 2 months.</P>

        <P>(2) Failure to make such payments is established by notice from an authorized person to the Commander, USAFAC, ATTN: FINCL-G, Indianapolis, IN 46249-0160. An authorized person is—<PRTPAGE P="462"/>
        </P>
        <P>(i) Any agent or attorney of any State having in effect a plan approved under part D of title IV of the Social Security Act (42 U.S.C. 651-664), who has the duty or authority under the plan to seek recovery of any amounts owed as child or child and spousal support (including, when authorized under a State plan, any official of a political subdivision).</P>
        <P>(ii) A court or agent of the court that has authority to issue an order against the soldier for the support and maintenance of a child.</P>
        <P>(3) Such notice must give the soldier's full name and SSN. Also, it must list the name and address of the person to whom the allotment is payable. The amount of the allotment will be the amount needed to comply with the support order. The allotment may include arrearages as well as amounts for current support if provided for in the support order. A copy of this must be included with the notice. If proper, a statement must be included that the support allotment qualifies for the additional 5 percent in excess of the maximum percentage limitations. These limitations are prescribed in 15 U.S.C. 1673. Also, a copy of the underlying support order must be included with the notice. An allotment under this provision will be adjusted or discontinued only upon notice from an authorized person.</P>
        <P>(b) <E T="03">Procedures.</E> No action will be taken to set up an allotment until the soldier has the chance to consult a legal assistance attorney. The purpose of the meeting is to discuss the legal and other factors involved with respect to the soldier's support obligation and failure to make payments. If the soldier has not consulted with legal counsel, the allotment will start the first end-of-month payday after 30 days have elapsed since notice was given to the affected soldier.</P>
      </SECTION>
      <APPENDIX>
        <EAR>Pt. 584, App. A</EAR>
        <HD SOURCE="HED">Appendix A to Part 584—Reference</HD>
        <HD SOURCE="HD2">Section I<E T="01">—Required Publications</E>
        </HD>
        <FP SOURCE="FP-2">AR 340-17</FP>
        <FP SOURCE="FP1-2">Release of Information and Records from Army Files. (Cited in § 584.1(f)(2).)</FP>
        <FP SOURCE="FP-2">AR 340-21</FP>
        <FP SOURCE="FP1-2">The Army Privacy Program. (Cited in § 584.1(f)(2).)</FP>
        <FP SOURCE="FP-2">AR 600-37</FP>
        <FP SOURCE="FP1-2">Unfavorable Information. (Cited in §§ 584.1(d)(5)(viii)(B) and 584.2(l)(5).)</FP>
        <FP SOURCE="FP-2">AR 640-3</FP>
        <FP SOURCE="FP1-2">Identification Cards, Tags, and Badges. (Cited in §§ 584.2(l)(1)(v) and 584.3(c)(3)(v).)</FP>
        <FP SOURCE="FP-2">Misc Pub 13-1</FP>
        <FP SOURCE="FP1-2">DOD Military Pay and Allowances Entitlements Manual. (Cited In §§ 584.7a, 584.7(d) and 584.8(b).)</FP>
        <FP SOURCE="FP-2">Uniform Code of Military Justice</FP>
        <FP SOURCE="FP1-2">(Cited In §§ 584.1(d)(5), 584.2(g)(4)(ii), 584.2(l)(2)(v)(B), and 584.3(b)(1)(ii).)</FP>
        <HD SOURCE="HD2">Section II—Related Publications</HD>

        <P>A related publication is merely a source of additional information. The user does not have to read it to understand this regulation.
        </P>
        <FP SOURCE="FP-2">AR 11-2</FP>
        <FP SOURCE="FP1-2">Internal Control Systems</FP>
        <FP SOURCE="FP-2">AR 20-1</FP>
        <FP SOURCE="FP1-2">Inspector General Activities and Procedures</FP>
        <FP SOURCE="FP-2">AR 140-1</FP>
        <FP SOURCE="FP1-2">Mission, Organization, and Training</FP>
        <FP SOURCE="FP-2">AR 340-2</FP>
        <FP SOURCE="FP1-2">Maintenance and Disposition of Records for TOE Units and Certain Other Units of the Army.</FP>
        <FP SOURCE="FP-2">AR 340-18</FP>
        <FP SOURCE="FP1-2">The Army Functional Files System</FP>
        <FP SOURCE="FP-2">AR 600-240</FP>
        <FP SOURCE="FP1-2">Marriage in Oversea Commands</FP>
        <FP SOURCE="FP-2">AR 601-280</FP>
        <FP SOURCE="FP1-2">Army Reenlistment Program</FP>
        <FP SOURCE="FP-2">AR 608-3</FP>
        <FP SOURCE="FP1-2">Naturalization and Citizenship of Military Personnel and Dependents</FP>
        <FP SOURCE="FP-2">AR 608-61</FP>
        <FP SOURCE="FP1-2">Application for Authorization to Marry Outside of the United States</FP>
        <FP SOURCE="FP-2">AR 635-100</FP>
        <FP SOURCE="FP1-2">Officer Personnel (Separations)</FP>
        <FP SOURCE="FP-2">AR 635-200</FP>
        <FP SOURCE="FP1-2">Enlisted Personnel (Separations)</FP>
        <FP SOURCE="FP-2">Misc Pub 8-1</FP>
        <FP SOURCE="FP1-2">Joint Travel Regulations, Volume 1: Members of the Uniformed Services</FP>
        <HD SOURCE="HD2">Section III—Prescribed Forms</HD>
        <FP SOURCE="FP-2">DA Form 5459-R</FP>
        <FP SOURCE="FP1-2">Authorization to Release Information from Army Records on Nonsupport/Child Custody/Paternity Complaints. (Cited in §§ 584.1(d)(5)(iv)(B), 584.1(f)(1), 584.2(1)(2)(iv), and 584.3(b)(2)(ii).)</FP>
        <FP SOURCE="FP-2">DA Form 5460-R</FP>
        <FP SOURCE="FP1-2">Request for Help in Receiving Support and/or Identification Cards for Family Members. (Cited in § 584.2(1).)</FP>
        <HD SOURCE="HD2">Section IV—Referenced Forms</HD>
        <FP SOURCE="FP-2">DA Form 2-1</FP>
        <FP SOURCE="FP1-2">Personnel Qualification Record-Part II</FP>
        <FP SOURCE="FP-2">DA Form 2029-R<PRTPAGE P="463"/>
        </FP>
        <FP SOURCE="FP1-2">Application for Authorization to Marry Outside of the United States</FP>
        <FP SOURCE="FP-2">FS Form 240</FP>
        <FP SOURCE="FP1-2">Report of Birth Abroad of a Citizen of the United States</FP>
        <FP SOURCE="FP-2">Form N-600</FP>
        <FP SOURCE="FP1-2">Application for Certificate of Citizenship</FP>
        <FP SOURCE="FP-2">PS Form 3811</FP>
        <FP SOURCE="FP1-2">Return Receipt, Registered, Insured, and Certified Mail</FP>
        <HD SOURCE="HD1">Glossary</HD>
        <HD SOURCE="HD2">Section I—Abbreviations</HD>
        <FP SOURCE="FP-2">ARNGUS</FP>
        <FP SOURCE="FP1-2">Army National Guard of the United States</FP>
        <FP SOURCE="FP-2">BAQ</FP>
        <FP SOURCE="FP1-2">Basic allowance for quarters</FP>
        <FP SOURCE="FP-2">DA</FP>
        <FP SOURCE="FP1-2">Department of the Army</FP>
        <FP SOURCE="FP-2">DOD</FP>
        <FP SOURCE="FP1-2">Department of Defense</FP>
        <FP SOURCE="FP-2">DODPM</FP>
        <FP SOURCE="FP1-2">Department of Defense Military Pay and Allowances Entitlements Manual</FP>
        <FP SOURCE="FP-2">FAO</FP>
        <FP SOURCE="FP1-2">Finance and accounting office</FP>
        <FP SOURCE="FP-2">FRG</FP>
        <FP SOURCE="FP1-2">Federal Repubic of Germany</FP>
        <FP SOURCE="FP-2">HQDA</FP>
        <FP SOURCE="FP1-2">Headquarters, Department of the Army</FP>
        <FP SOURCE="FP-2">ID cards</FP>
        <FP SOURCE="FP1-2">Identification cards</FP>
        <FP SOURCE="FP-2">IG</FP>
        <FP SOURCE="FP1-2">Inspector general</FP>
        <FP SOURCE="FP-2">INS</FP>
        <FP SOURCE="FP1-2">Immigration and Naturalization Service</FP>
        <FP SOURCE="FP-2">RCPAC</FP>
        <FP SOURCE="FP1-2">U.S. Army Reserve Components Personnel and Administration Center</FP>
        <FP SOURCE="FP-2">SJA</FP>
        <FP SOURCE="FP1-2">Staff Judge Advocate</FP>
        <FP SOURCE="FP-2">SSN</FP>
        <FP SOURCE="FP1-2">Social Security Number</FP>
        <FP SOURCE="FP-2">UCMJ</FP>
        <FP SOURCE="FP1-2">Uniform Code of Military Justice</FP>
        <FP SOURCE="FP-2">USACFSC</FP>
        <FP SOURCE="FP1-2">U.S. Army Community and Family Support Center</FP>
        <FP SOURCE="FP-2">USAFAC</FP>
        <FP SOURCE="FP1-2">U.S. Army Finance and Accounting Center</FP>
        <FP SOURCE="FP-2">USAR</FP>
        <FP SOURCE="FP1-2">U.S. Army Reserve</FP>
        <FP SOURCE="FP-2">VHA</FP>
        <FP SOURCE="FP1-2">Variable Housing Allowance</FP>
        <HD SOURCE="HD2">Section II—Terms</HD>
        <HD SOURCE="HD3">Arrearage</HD>
        <P>The total amount of money a soldier owes a family member for prior months in which the soldier failed to comply with the minimum support requirements of this regulation.</P>
        <HD SOURCE="HD2">Basic Allowance for Quarters</HD>
        <P>An amount of money prescribed and limited by law that a soldier receives to pay for quarters not provided by the Government.</P>
        <HD SOURCE="HD2">Child Custody Complaint</HD>
        <P>A written or oral complaint by a family member, or a third party acting on behalf of a family member, that alleges that the soldier is violating a court order granting custody of minor children to someone other than the soldier. It also includes a complaint by a mother of a child born out of wedlock against a soldier father who has abducted or detained the child.</P>
        <HD SOURCE="HD2">Court Order</HD>
        <P>As used in this regulation, court order includes all judicial and administrative orders and decrees, permanent and temporary, granting child custody, directing financial support, and executing paternity findings. It also includes any foreign nation court or administrative order recognized by treaty or international agreement. Court orders are presumed valid in the absence of evidence to the contrary.</P>
        <HD SOURCE="HD2">Family Member</HD>
        <P>For the purpose of this regulation only, a family member includes—</P>
        <P>a. A soldier's present spouse. (A former spouse is not a family member. However, except as otherwise indicated, the term “family member” includes any former spouse for whom the soldier is required by any court order to provide financial support.)</P>
        <P>b. A soldier's minor children from present and former marriages, including children legally adopted by the soldier. (A family member does not include the child of a soldier who has been legally adopted by another person.)</P>
        <P>c. Minor children born out of wedlock to—</P>
        <P>(1) A woman soldier.</P>
        <P>(2) A male soldier if evidenced by a decree of paternity identifying the soldier as the father and ordering the soldier to provide support.</P>
        <P>d. Any other person (for example, parent, stepchild, etc.) for whom the soldier has an obligation to provide financial support under the law of the domicile of either the soldier or the supported person.</P>
        <HD SOURCE="HD2">Financial Support Provision</HD>
        <P>The provision in a court order or separation agreement directing the soldier to provide financial support to a family member on a periodic basis.</P>
        <HD SOURCE="HD2">Government Family Quarters</HD>

        <P>Any sleeping accommodations or family-type housing owned or leased by the U.S. Government.<PRTPAGE P="464"/>
        </P>
        <HD SOURCE="HD2">Gross Pay</HD>
        <P>For support purposes, gross pay includes basic pay and allowances to include special, incentive, and other pay when received on a monthly basis. Gross pay does not include funds not received on a monthly basis (that is, enlistment and reenlistment bonuses and accrued leave payments). Gross pay does not include wages from off-duty employment.</P>
        <HD SOURCE="HD2">Legal Assistance Attorney</HD>
        <P>Army lawyers designated to advise and assist soldiers and their families on family law matters. Such matters include marriage, divorce, adoption, paternity, child custody problems, and support obligations. In the context of this regulation, a legal assistance attorney also includes a lawyer retained by a soldier at his or her own expense.</P>
        <HD SOURCE="HD2">Minor Children</HD>
        <P>Unmarried children under 18 years of age who are not on active duty with the Armed Forces.</P>
        <HD SOURCE="HD2">Nonsupport Complaint</HD>
        <P>A written or oral complaint by a family member, or a third party acting on behalf of a family member, that alleges one of the following:</P>
        <P>a. Soldier is providing no financial support.</P>
        <P>b. Soldier is providing insufficient financial support.</P>
        <P>c. Soldier is failing to comply with—</P>
        <P>(1) An oral agreement,</P>
        <P>(2) A written support agreement, or</P>
        <P>(3) A court order that sets up a financial support requirement.</P>
        <HD SOURCE="HD2">Soldier</HD>
        <P>As used in this regulation, the term soldier includes commissioned officers, warrant officers, and enlisted personnel.</P>
        <HD SOURCE="HD2">Staff Judge Advocate</HD>
        <P>The chief legal officer and his or her staff who advise commanders on laws and regulations affecting the command. Includes command judge advocates and post judge advocates, but not legal assistance attorneys or attorneys assigned to the Trial Defense Service.</P>
        <HD SOURCE="HD2">System of Records</HD>
        <P>Any record under DA control from which information is retrieved by the name of the individual or by his or her SSN.</P>
        <HD SOURCE="HD2">Variable Housing Allowance</HD>
        <P>An amount of money prescribed by law that a soldier receives to defray high housing costs in the continental United States.</P>
        <HD SOURCE="HD2">Written Support Agreement</HD>
        <P>Any written agreement between husband and wife in which the amount of periodic financial support to be provided by the soldier spouse has been agreed to by the parties. A written support agreement may be contained in a separation agreement or property settlement agreement. Also, the support agreement may be shown by letters exchanged between the parties in which the amount of support has been agreed to by the parties.</P>
      </APPENDIX>
    </PART>
    <PART>
      <EAR>Pt. 589</EAR>
      <HD SOURCE="HED">PART 589—COMPLIANCE WITH COURT ORDERS BY PERSONNEL AND COMMAND SPONSORED FAMILY MEMBERS</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>589.1</SECTNO>
        <SUBJECT>Definitions.</SUBJECT>
        <SECTNO>589.2</SECTNO>
        <SUBJECT>Policy.</SUBJECT>
        <SECTNO>589.3</SECTNO>
        <SUBJECT>Applicability.</SUBJECT>
        <SECTNO>589.4</SECTNO>
        <SUBJECT>General.</SUBJECT>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>Public Law 100.456 and 10 U.S.C., 814.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>55 FR 47042, Nov. 8, 1990, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 589.1</SECTNO>
        <SUBJECT>Definitions.</SUBJECT>
        <P>(a) <E T="03">Court.</E> Any judicial body in the United States with jurisdiction to impose criminal sanctions of a DoD member, employee, or family member.</P>
        <P>(b) <E T="03">DoD Employee.</E> A civilian employed by a DoD Component, including an individual paid from nonappropriated funds, who is a citizen or national of the United States.</P>
        <P>(c) <E T="03">DoD Member.</E> An individual who is a member of the Armed Forces on active duty and is under the jursidiction of the Secretary of a Military Department, regardless whether that individual is assigned to duty outside that Military Department.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 589.2</SECTNO>
        <SUBJECT>Policy.</SUBJECT>

        <P>(a) This part (chapter) implements procedural guidance in Department of Defense Directive 552 5.9, “Compliance of DoD members, employees, and family members outside the United States with court orders.” This guidance applies to all soldiers and Department of the Army and Nonappropriated Fund (NAF) civilian employees serving outside the United States, as well as to their command sponsored family members.<PRTPAGE P="465"/>
        </P>
        <P>(b) DODD 5525.9 requires DoD cooperation with courts and federal, state, and local officials in enforcing court orders pertaining to military personnel and DoD employees serving outside the United States, as well as their command sponsored family members, who—</P>
        <P>(1) Have been charged with or convicted of any felony.</P>
        <P>(2) Have been held in contempt of a court for failure to obey a court order, or</P>
        <P>(3) Have been ordered to show cause why they should not be held in contempt for failing to obey a court order.</P>
        <FP>This guidance does not affect the authority of Army officials to cooperate with courts and federal, state, or local officials, such as is currently described in Army Regulation 27-3, Legal Services, Army Regulation 190-9, Military Absentee and Deserter Apprehension Program, and Army Regulation 608-99, Family Support, Child Custody, and Paternity, in enforcing orders against soldiers and employees in matters not discussed below. The guidance below does not authorize Army personnel to serve or attempt to serve process from U.S. courts on military or DoD employees overseas. (See also AR 27-40, Litigation, paragraph 1-7.)</FP>
      </SECTION>
      <SECTION>
        <SECTNO>§ 589.3</SECTNO>
        <SUBJECT>Applicability.</SUBJECT>
        <P>This section applies to the following personnel:</P>
        <P>(a) Army personnel on active duty or inactive duty for training in overseas areas. This includes the National Guard when federalized.</P>
        <P>(b) Department of the army civilian employees, including Nonappropriated Fund Instrumentalities (NAFI) employees.</P>
        <P>(c) Command sponsored family members of Army personnel or Department of the Army civilian employees.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 589.4</SECTNO>
        <SUBJECT>General.</SUBJECT>
        <P>(a) Courts of federal, state, or local officials desiring to initiate a request for assistance pursuant to this section must forward the request, with appropriate court orders, as follows:</P>
        <P>(1) For soldiers and members or their family, to the soldier's unit commander of Office, Deputy Chief of Staff for Personnel (ODCSPER), ATTN: DAPE-MP (703-695-2497); and</P>
        <P>(2) For Department of the Army civilian employees and members of their family, to the servicing civilian personnel office for the employee's command, or ODCSPER, ATTN: DAPE-CPL, (703-697-4429).</P>
        <P>(3) Nonappropriated Fund (NAF) employees and members of their family, to the servicing civilian personnel office for the employee's command, or ODCSPER, ATTN: CFSC-HR-P (703-325-9461).</P>
        <P>(b) Upon receipt of such requests for assistance concerning courts orders described in paragarph (a) of this section and AR 190-9, commanders/supervisors, with the advice of their servicing Judge Advocates and legal advisors, will take action as appropriate as outlined below:</P>
        <P>(1) Determine whether the request is based on an order issued by a court of competent jurisdiction. An “order issued by a court of competent jurisdiction” is an order that appears valid on its face and is signed by a judge.</P>
        <P>(2) If the order appears valid on its face and is signed by a judge, attempt to resolve the matter in a timely manner to the satisfaction of the court without the return of, or other action affecting, the soldier, Army civilian employee, or family member. Due regard should be given to mission requirements, applicable international agreements, and ongoing DoD investigations or courts-martial.</P>

        <P>(3) If the matter cannot be resolved, afford the subject of the court order a reasonable opportunity to provide evidence of legal efforts to resist the court order or otherwise show legitimate cause for noncompliance. If it is determined that efforts to provide such evidence or to show cause for noncompliance warrant a delay in taking further action, a request for delay, not to exceed 90 days, must be sought from the Secretary of the Army. Such requests, fully setting forth the reasons justifying delay and the estimated delay necessary, will be forwarded within 30 days directly to ODCSPER, ATTN: DAPE-MP (for military personnel and their family members or ODCSPER, ATTN: DAPE-CPL (for Army civilian employees and their family members) <PRTPAGE P="466"/>or ODCSPER, ATTN: CFSC-HR-P (for NAF employees and their family members). These offices must promptly forward the request for delay to the Assistant Secretary of Army (Manpower and Reserve Affairs) ASA(M&amp;RA), for approval. If a delay is approved, ASA(M&amp;RA) will promptly notify the Assistant Secretary of Defense (Force Management and Personnel) ASD (FM&amp;P), copy furnished General Counsel, Department of Defense (GC, DOD).</P>
        <P>(4) If one, the matter cannot be resolved, and two, it appears that noncompliance with the request to return the soldier, or to take other action involving a family member or DA or NAF employee is warranted by all the facts and circumstances of the particular case, and three, the court order does not pertain to any felony or to a contempt involving the unlawful or contemptuous removal of a child from the jurisdiction of the court or the custody of a parent or another person awarded custody by court order, the matter will be forwarded, for soldiers or their family members to the soldier's general court-martial convening authority or, for army civilian or NAF employees or their family members, to the fairest general officer or civilian equivalent in the employee's chain of command, for a determination as to whether the request should be complied with. In those cases in which it is determined that noncompliance with the request is warranted, copies of that determination will be forwarded directly to the appropriate office noted in § 589.4(b)(3) and to HQDA, DAJA-CL, pursuant to chapter 6, AR 190-9.</P>
        <P>(5) If one, the matter cannot be resolved, and two, it appears that noncompliance with the request to return the soldier, or to take other action involving a family member of DA or NAF employee, is warranted by all the facts and circumstances of the particular case, and three, the court order pertains to any felony or to a contempt involving the unlawful or contemptuous removal of a child from the jurisidiction of a court or the custody of a parent or another person awarded custody by court order, a request for exception to policy will be forwarded directly to the appropriate office listed in § 589.3(b)(3) with an information copy to HQDA, DAJA-AL, within 30 days unless a delay has been approved by ASA(M&amp;RA). The offices listed in § 589.3(b)(3) must forward the request for an exception promptly through ASA(M&amp;RA) to ASD(FM&amp;P) for decision, copy furnished to General Counsel, DOD.</P>
        <P>(6) All actions, whether to invoke the DOD Directive or not, must be reported promptly to ASD(FM&amp;P) and General Counsel, Department of Defense. See also DOD Directive 5525.9, paragraph E.3.c.</P>
        <P>(c) If requests for military personnel cannot be resolved without return of the individual, and denial of the request as outlined in this section is not warranted, the individual will be ordered pursuant to section 721, Public Law 100-456 and DODD 5525.9 to the appropriate U.S. part of entry at government expense, provided the federal, state, or local authority requesting the individual provides travel expenses including a prepaid transportation ticket or equivalent and an escort, if appropriate, from the port of entry to the appropriate jurisdiction. Absent unusual circumstances, requesting parties will be notified at least 10 days before the individual is due to return. Guidance concerning use of military law enforcement personnel to effect the return of military personnel to U.S. civil authorities may be obtained from the U.S. Army Military Policy Operations Agency (MOMP-O).</P>
        <P>(d) In accordance with DoD policy, military personnel traveling pursuant to a contempt order or show cause order, as described in this part and in AR 614-XX is entitled to full transportation and per diem allowances. However, this does not alleviate the requesting parties' requirement to pay travel expenses from the appropriate U.S. port of entry. Any travel expenses received from the requesting party must be deducted from the soldier's entitlement to travel and per diem allowances. The soldier will be returned in a temporary duty (TDY) status, unless a permanent change of station (PCS) is appropriate.</P>

        <P>(e) If requests for Army civilian and NAF employees cannot be resolved and denial of the request as outlined in this section is not warranted, the individual <PRTPAGE P="467"/>will be strongly encouraged to comply with the court order. Failure to comply with such orders by an Army civilian or NAF employee, if all criteria are met, is a basis for withdrawal of command sponsorship and adverse action against the employee, to include removal from federal service. Proposals to take disciplinary/adverse actions must be coordinated with the appropriate civilian personnel office (CPO) and the servicing Judge Advocate or legal advisor and forwarded for approval to the first general officer or civilian equivalent in the employee's chain of command. A copy of the final action taken on the case must be forwarded to HQDA, ATTN: DAPE-CPL, or ATTL: CFSC-HR-P (for NAF employees).</P>
        <P>(f) If the request is based upon a valid court order pertaining to a family member of a soldier or Army civilian or NAF employee, the family member will be strongly encouraged to comply with the court order if denial of the request as outlined in this part is not warranted. Unless the family member can show legitimate cause for non-compliance with the order, considering all of the facts and circumstances, failure to comply may be basis for withdrawal of command sponsorship.</P>
        <P>(g) Failure of the requesting party to provide travel expenses for military personnel as specified in this section, is grounds to be recommended denial of the request for assistance. The request must still be forwarded through DAPE-MP and ASA(M&amp;RA) to ASD(FM&amp;P) for decision, copy furnished to General Counsel, Department of Defense.</P>
        <CITA>[55 FR 47042, Nov. 8, 1990, as amended at 56 FR 371, Jan. 4, 1991]</CITA>
      </SECTION>
    </PART>
  </SUBCHAP>
</CFRGRANULE>
