§ 138.4 Background information: Interdepartmental relationships concerning foreign births and citizenship.

(a) Births abroad of children who acquire United States citizenship at birth have been recorded by U.S. Consular Offices for almost 100 years. For the past 40 years, these births have been reported on Department of State Form FS240, now entitled "Report of Birth Abroad of a Citizen of the United States of America". Form FS-240 is also known as or referred to as the "Consular Report of Birth".

(b) In addition to its use as proof of the birth facts, Consular Reports of Birth have always been considered as a basic citizenship document by the U.S. Department of State and by many agencies of the Federal and State Governments. For this reason, its form and substance differ from the usual live birth certificate filed in the United States, and necessitate an affidavit statement from the person reporting the birth facts.

(c) Upon submission of the necessary evidence of the child's birth and citizenship and completion of the Consular Report of Birth by the U.S. Consular Officer, the parent or other person in interest will receive a copy of the Form FS-240 if he had requested one at the time the birth was reported and had paid the fee of $1.50. The Certification of Birth, however, will be issued free of charge to the parent in every case where action on the Consular Report of Birth has been completed by the Consular Officer, whether or not the parent requested the copy of the Consular Report of Birth. Additional copies of either form may be obtained at any time from the Authentication Officer, Department of State, Washington 25, D.C. The fees for additional copies of either form are: $2.50 for a single copy and $1.60 for each additional copy. The Certification of Birth is a short form record of birth, and information therein is taken from the Consular Report of Birth. The Certification of Birth does not replace the Consular Report of Birth in any way. The Department of State has placed the Certification of Birth form into use to provide persons born overseas with a birth certification form similar to those

issued by State vital registration offices of the United States. This form will prove especially useful for children seeking to establish birth facts for school entry, work permits, and such other requirements. Its issuance avoids the need of certifying any embarrassing information which may appear on the Consular Report of Birth.

(d) The distinction between Department of State Form FS-240 and the Certificate of Citizenship issued by the United States Department of Justice Immigration and Naturalization Service is important in considering the necessity for obtaining either document. The Certificate of Citizenship is issued under the authority contained in section 341, Immigration and Nationality Act. It is not mandatory that the parent apply for such a certificate, the decision in that respect being entirely within the discretion of the parent. When issued, the certificate has the same effect in all courts, tribunals, and public offices of the United States, here and abroad, of the District of Columbia, and of each State, Territory, and outlying possession of the United States, as a certificate of naturalization issued by a court. The certificate includes a specific finding that the person to whom it is issued has proved to the satisfaction of the Commissioner that (s) he is now a citizen of the United States.

(e) A child born abroad of a United States citizen parent, or parents, whether or not the birth of the child has been reported to a Consular Office on Department of State Form FS-240, who claims United States citizenship through a parent, may be issued a Certificate of Citizenship by the Immigration and Naturalization Service, in the United States only, upon application by the parent to that Service on its Form N-600, Application for Certificate of Citizenship. Upon satisfactory proof that the child acquired citizenship as claimed, and after examination of the parent or parents in the United States by an officer of that Service, a Certificate will be issued in the name of the child evidencing the child's citizenship. By law, this Certificate has the same effect in all courts, tribunals, and public offices of the United States and of each State, Territory, or outlying

possession of the United States, as a certificate of naturalization issued by a court. The possession of such a Certificate is not mandatory and the decision as to whether application for a Certificate should be made is entirely optional with the parents.

(f) In contrast, Department of State Form FS-240 is not issued pursuant to specific statutory authority similar to section 341, nor does the law provide that the form must be given the same effect as a certificate of naturalization. In practice the form is not executed and issued by the American Consul unless the child in question is considered to be a United States citizen. The form itself is actually a Report of Birth of a United States citizen based upon an affidavit by the parent(s) or other interested person furnishing data upon which the Department of State, through its Consular Officer, determines that the child acquired U.S. citizenship at birth. The execution and issuance of the Form FS240 is a determination by the Department of State that the child acquired U.S. citizenship at birth.

(g) Part 138 exceptions: Inapplicable geographic areas at present are: American Samoa; Canal Zone; Guam; Puerto Rico; Trust Territories; and Virgin Islands. Birth registrations occurring in these areas are registered now through special offices of the Vital Statistics Division, Public Health Service, Department of Health, Education, and Welfare, or local accepted Government offices.

PART 139-FELLOWSHIPS, SCHOLARSHIPS, AND GRANTS FOR MEMBERS OF THE ARMED FORCES

Sec.

189.1 Purpose and applicability. 139.2 Delegation of authority. 189.3 Policy and procedures. 189.4 Responsibilities.

AUTHORITY: The provisions of this Part 139 issued under sec. 1, 76 Stat. 244; 10 U.S.O. 2603 and E.O. 11079, Jan. 25, 1963, 28 F.R. 819.

SOURCE: The provisions of this Part 139 appear at 28 F.R. 4700, May 10, 1963, unless otherwise noted.

§ 139.1 Purpose and applicability.

This part establishes policies and procedures for the guidance of the Military

Departments in implementing Public Law 87-555.

§ 139.2 Delegation of authority.

Pursuant to E.O. 11079, there is hereby delegated to the Secretaries of the Milltary Departments authority to prescribe regulations under which members of the armed forces under their jurisdiction may accept fellowships, scholarships, or grants from corporations, foundations, funds or educational institutions organized and operated primarily for scientific, literary, or educational purposes. Such regulation shall conform to the policy and procedures established in this part and, to the extent practicable, shall be uniform.

§ 139.3 Policy and procedures.

(a) Eligible donors. (1) The following shall be considered eligible as donors of fellowships, scholarships, or grants:

(i) Corporations, foundations, funds, or educational institutions organized and operated primarily for scientific, literary, or educational purposes and which enjoy tax-exempt status under section 501 of the Internal Revenue Code of 1954, as amended (Title 26, United States Code).

(ii) Corporations, foundations, funds, or educational institutions which would qualify as tax exempt organizations under subdivision (1) of this subparagraph, if they were not foreign corporations, foundations, funds, or educational institutions.

(iii) Any other corporation, foundation, fund or educational institution not covered by subdivision (i) or (ii) of this subparagraph, which the Assistant Secretary of Defense (Manpower) or his designee has determined operates primarily for scientific, literary, or educational purposes.

(b) Ineligible donors. Business groups operating for profit, foreign governments, and political organizations may not be qualified as eligible donors.

(c) Eligible donees. The following conditions must be satisfied (unless waived on an individual basis by the ASD(M) or his designee) before a member of the armed forces may be found eligible for receipt of a fellowship, scholarship, or grant:

(1) The donee of such an award must be a winner of competition in which he

was authorized to compete by his Service, if the purpose of the fellowship, scholarship, or grant is education or training; if its purpose is to recognize outstanding performance or to permit work on a project of value to the United States, the requirement does not apply.

(2) The education or training to be received or the research to be performed by the donee must be designed (i) to qualify him to satisfy a requirement or potential requirement of the armed forces; (ii) to contribute to the donee's recognized potential for career service; or (iii) to constitute a contribution to a project of value to the United States.

(3) The donee shall agree in writing to serve on active duty after completing his education or training for a period at least three times the length of the period of the education or training. No agreement to serve on active duty is required (i) if the award is made in recognition of outstanding performance, and if its acceptance does not require relief from regular military duty for a prolonged period; or (ii) if the purpose of the award is to permit the members to work on a project of value to the United States rather than fulfill the requirements of an academic degree.

(d) Receipt of honorarium—(1) Maximum amount acceptable. (i) The benefits that may be accepted under a scholarship, fellowship, or grant by a member for the purpose of education and training are limited to an amount not exceeding the cost of sending the member to the same school at Government expense.

(ii) If the total value of the benefits, in cash or in kind, under the scholarship, fellowship, or grant exceed the costs of sending the member to the same school at Government expense, the excess may not be accepted by the member.

(iii) In computing the costs of sending the member to the same school at Government expense, costs should be included, such as tuition; books; educational supplies and services; travel expenses to and from school, including transportation of dependents and household goods, if appropriate; basic allowances for quarters and subsistence; overseas cost-of-living and housing al

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lowances, if appropriate; and dislocation allowance.

(iv) For the purpose of determining the maximum amount that may be accepted under the scholarship, fellowship, or grant, estimates of the total value of the scholarship, fellowship, or grant and the costs of sending the member to the same school at Government expense may be used where definitive figures are not available.

(2) Deductions from allowances. (i) Members of the uniformed services while on active duty are entitled to the pay and allowances authorized by law and regulations.

(ii) Where benefits under the scholarship, fellowship, or grant (cash or in kind) are for travel expenses, quarters or subsistence allowances, or other expenses, an appropriate reduction shall be made from any payment that is made for the same purpose to the member by the United States incident to his acceptance of the scholarship, fellowship, or grant.

(iii) Where the scholarship, fellowship, or grant does not specify a definite amount for travel, subsistence, quarters, or other expenses, and the cost to the Government of sending the member to the same school exceeds the benefits under the scholarship, fellowship, or grant, the requirements of this subparagraph (2) may be complied with as follows:

(a) Permit the member to accept the full amount of the scholarship, fellowship, or grant provided, of course, that it does not exceed the limit set by law as explained in subparagraph (1) of this paragraph;

(b) Estimate the total cost of tuition, books, fees, and directly related expenses;

(c) Deduct this amount from the total value of the scholarship;

(d) The balance, if any, may be assumed in the absence of evidence to the contrary, to cover travel, quarters, subsistence, and other expenses for which the Government furnishes in kind or pays an allowance authorized by law and regulation;

(e) Such balance, if any, may be deducted from the members otherwise proper allowances in installments during the period covered by the scholarship;

$ 139.4

(f) A final adjustment will be made at the end of each scholarship year, or period, as appropriate;

(g) Where a balance remains under (e), the member will agree in writing to have such balance withheld in installments from allowances otherwise due.

(e) Course of study. Courses of study for education or training which have direct Service application shall be favored when approving the acceptance by members of fellowships, scholarships, or grants. Other courses of study that will enrich the individual's knowledge or skill to the benefit of the armed forces or the benefit of the United States may also be approved.

(f) Coordination. The Military Departments shall coordinate contemplated actions under this part with each other, and whenever it is necessary to determine their appropriateness with other Government agencies, liaison shall be maintained with the OASD(M) in the implementation of this part.

The Gold Star Lapel Button shall be designed as described in § 142.4 (a), (b), and (c) and be distributed in accordance with the provisions of 10 U.S.C. 1124 to widows, parents, and next of kin of members of the armed forces who:

(a) Lost or lose their lives in the armed services of the United States during World War I, World War II, or during any subsequent period of armed hostilities in which the United States was engaged before July 1, 1958; or

(b) Lost or lose their lives after June 30, 1958, 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 in which the United States is not a belligerent party against an opposing armed force.

§ 142.4 Description of Gold Star Lapel Button.

(a) Obverse. A gold star one-quarter inch in diameter, on a purple disc threequarters inch in diameter, within a wreath of gold laurel leaves five-eighths inch in diameter.

(b) Reverse. The inscription, "United States of America, Act of Congress, August 1966," with space for engraving the initials of the recipient.

(c) Fasteners. Gold Star Lapel Buttons shall be available with pin-joint and safety catch fastener or with pin and clutch-type fastener at the option of the recipient.

The Gold Star Lapel Button described in § 142.4 (a), (b), and (c) is identical to that authorized under Public Law 121, 82d Congress, except for date of enactment inscribed on reverse. Gold Star Lapel Buttons inscribed August 1947 may be issued until present inventories are exhausted.

General concerned. The design of such seal shall include the title of the court. § 150.02 Jurisdiction.

The court shall review the record in the following cases.

(a) Review under Article 66. All cases of trial by court-martial in which the sentence, as approved, affects a general or flag officer or extends to death, dismissal of a commissioned officer, cadet or midshipman, dishonorable discharge or bad conduct discharge, or confinement at hard labor for 1 year or more.

(b) Review upon direction of The Judge Advocate General under Article 69. All cases of trial by general courtmartial in which there has been a finding of guilty and a sentence, the appellate review of which is not otherwise provided for by Article 66, and which The Judge Advocate General forwards by direction for review to the court (§ 150.23).

(a) In panel. A majority of the judges when sitting in panel constitutes a quorum for the purpose of hearing and determining any matter referred to the panel. The determination of any matter referred to the panel shall be according to the opinion of a majority of the judges participating in the decision. In the absence of a quorum, any judge present for duty may make all necessary orders touching any proceedings pending in panel preparatory to hearing or decision thereof.

(b) En banc. When sitting as a whole, a majority of the judges of the court constitutes a quorum for the purpose of hearing and determining any matter before the court. The determination of any