require his severance from the Air Force and the retired list in the absence of congressional consent to the employment. Article I, Section 9, Clause 8 of the Constitution of the United States of America prohibits the acceptance of any "present, emolument, office or title, of any kind whatever, from any King, Prince, or foreign State" by any person holding an office of trust or profit under the United States, without the consent of Congress. Employment by a foreign country for which salary is received would involve receipt of emolument from such a country and is prohibited. A retired regular officer is an officer of the Regular Air Force, 10 USC 8075, and as such holds an office of trust under the United States.

b. Retired Reserve Personnel. With the approval of the Secretary of the Air Force, an individual may retain reserve status and accept civil employment with and compensation from any foreign government or concern which is controlled in whole or in part by a foreign government. Before he accepts employment, the reservist will request approval of the contemplated employment. His request will contain the name of the country involved, the title of the position, and a general description of the duties to be performed. He will forward his request to USAFMPC (AFPMSDMI), Randolph AFB Tex 78148.

39. Acceptance of Foreign Decorations:

a. Constitutional Prohibition. Article I, Section 9, Clause 8, of the Constitution, prohibits acceptance, without congressional consent, of presents, emoluments, offices or titles from foreign governments by any person holding an office of profit or trust under the U.S. Government. This constitutional clause also includes awards and decorations proffered by foreign governments.

b. General Policy Concerning Acceptance, Token Acceptance or Refusal of a Decoration:

(1) Retired Regular Air Force officers are considered as occupying an office of trust within the meaning of the above-mentioned clause of the Constitution. Therefore, these officers cannot accept decorations from foreign governments without the consent of Congress. However, token acceptance of a decoration presented by or on behalf of a friendly foreign govern

ment is permissible. Token acceptance does not constitute an official acceptance, which may be authorized only by Congress. Such decorations may not be retained or worn without the specific authorization of Congress. At no time may a retired Regular Air Force officer make a token acceptance of a decoration proffered by a foreign nation without diplomatically advising an appropriate representative of that nation of the requirement of the Constitution cited in subparagraph a, above. (Note. For the purpose of this manual, a foreign decoration means any decoration, medal, badge, insignia, ribbon, emblem, patch, device, wings, buttons, or related appurtenances.)

(2) Retired personnel, other than retired regular officers, are not, by virtue of their retired status, considered to be occupying an office of trust or profit within the meaning of the constitutional clause cited in subparagraph a above. Therefore, they may accept and retain decorations proffered by foreign governments without congressional approval, provided the decorations do not recognize service rendered while on active duty or when the individual concerned does not hold another office of profit or trust under the U.S. Government. (Note. If the decoration does recognize service rendered while on active duty, token acceptance only as provided in subparagraph (1) above, may be made.)

(3) Air Force service members and retired personnel performing any duty whatsoever in connection with the Military Assistance Program may not accept the tender of any decoration, award, or gift from foreign governments or officials for duty of this nature. Participation in ceremonies involving any such tender is not authorized. To avoid embarrassment, the appropriate foreign officials should be advised of this prohibition. However, awards proffered in recognition of actual combat services or heroism involving the saving of life are excepted and may be received and treated as prescribed in subparagraph (1) or (2) above.

c. Action by Recipient After Making Token Acceptance. When a retired person makes token acceptance of a decoration, he will immediately forward it, and all award elements related thereto, to USAFMPC (AFPMSAM),

Randolph AFB Tex 78148. It is emphasized that all original elements of the decoration, including certificate, citation, scroll, medal, badge, ribbon, and other appurtenances, must be forwarded. The letter transmitting these award elements must contain a request for congressional authorization to officially accept the decoration and will also include, but is not limited

to:

(1) A statement in explanation of the award.

(2) Full name, grade, and service number of the recipient.

(3) The identity of the award and the country offering it.

(4) The organization and station, or current address, and a brief description of the recipient's duty assignment or official capacity during the time recognized by the award.

(5) The date and place of the presentation, and the name and title of the person making the presentation.

d. Action by USAFMPC (AFPMSAM). Upon receipt of a decoration, as indicated in subparagraph c above, USAFMPC (AFPMSAM) will acknowledge receipt and then forward it to the Department of State for safekeeping. The Department of State will hold it in escrow pending authorization by the Congress for the recipient to accept the award. As required by law, USAFMPC (AFPMSAM) compiles a roster of retirees who have been tendered foreign decorations and forwards this roster to the Department of State every fourth year. Department of State then prepares an omnibus authorizing bill on all foreign decorations or gifts held for retired persons, and transmits it to the second session of each alternate Congress, i.e., 1966, 1970, etc. Upon enactment of this legislation, USAFMPC (AFPMSAM) withdraws the decorations from the Department of State and forwards them to the recipient.

e. Retirees Employed by Governmental Departments. Decorations proffered to retired reserve officers or retired airmen (regular or Reserve) who hold an office of profit or trust under the U.S. Government, for services while so serving, will be processed consistent with procedures established by the agency with which the recipient is employed.

40. Base Registration of Privately Owned Vehicles. AFR 125-14, "Motor Vehicle Traffic Supervision," requires that privately-owned vehicles of personnel employed on or making regular visits to an installation will be registered. Because of security or workload considerations, commanders of some installations reserve the right to authorize private vehicle registrations of visitors based on the frequency of visits. In the case of infrequent visits, a temporary pass is issued for each visit. Accordingly, retired personnel should query the base vehicle registration section to determine their qualifications for registration.

41. Enlistment of Retired Personnel. Persons who are in a retired status for disability or length of service are not eligible for enlistment in the Air Force.

42. Employment in Department of Defense. The Dual Compensation Act of 1964 prohibits the employment of any retired member of the Armed Forces in the Department of Defense (including nonappropriated funds) within 180 days following retirement. The foregoing is not applicable when :

a. The appointment is authorized by the Secretary of a military department and, if appropriate, the Civil Service Commission.

b. The minimum rates of basic compensation for the office have been increased pursuant to 5 USC 1173.

c. A state of national emergency exists. In connection with the prior approval requirements described above, it is the responsibility of the appointing officer, not the retiree, to recommend such approval after the retiree has been selected for a specific vacancy and before his official appointment is finally processed. A general waiver is not required or permitted. The foregoing does not prevent the retiree from applying for any position for which he feels he is qualified and in accordance with the usual civil service requirements applying to such position.

43. Voluntary Recall to Active Duty:

a. Commissioned officers, warrant officers and airmen who have been retired by reason of permanent physical disability will not be recalled to active duty.

b. As a matter of general policy the Air Force will not recall retired commissioned officers, warrant officers or airmen of the regular or reserve components to active duty. As an exception to this policy, however, the Air Force may order certain retired personnel to extended active duty (EAD) provided they are outstandingly qualified for unique assignments that cannot be filled by active duty personnel; or, they are needed to assume duties for which active duty personnel cannot be trained to do in a reasonable length of time. If exceptions are granted, retired members must consent to entry on EAD, and be returned to active duty for the shortest possible time. The tour of duty will be limited to the completion of a particular assignment or to the shortest period of time needed to train a replacement from the active list.

44. Speeches and Published Materials. Retired Air Force personnel are free to accept honoraria for speeches and published materials; however, to the extent that these personnel identify themselves or are identified with the Air Force, their actions can affect public impressions of the Air Force. Sometimes retired military persons place the Service in the position of being asked whether it endorses their public views. Their awareness of the responsibilities imposed on active military personnel (AFR 190-6) can help retired persons decide for themselves how closely they should identify their public words and actions with the Air Force.

45. Political Activities:

a. Generally, there are no statutes or regulations which prohibit retired military personnel from supporting political parties or becoming candidates for public office. The use of military titles by retired officers with respect to politics is permissible provided the usage does not bring discredit upon the Department of the Air Force or the Department of Defense. Retired personnel may accept positions within the organizational structures of political parties. The so-called "Hatch Act" (act of 2 August

1939, 53 Stat. 1148, as amended (5 USC 1181)) is not considered applicable to retired officers not on active duty who hold no other Federal position.

b. In some instances, however, retired military personnel are, because of their status, included within the provisions of certain statutes of general application which may indirectly limit their political activities. Thus, a retired regular Air Force commissioned officer who uses contemptuous words in speech or in print against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of the Treasury, or the Governor or legislature of any State is subject to trial by court-martial under the Uniform Code of Military Justice (10 USC 888 (Article 88, UCMJ)).

c. Retired regular Air Force officers, warrant officers, and noncommissioned officers are prohibited from attempting to influence any member of the Armed Forces to vote or not to vote for any particular candidate for office; however, this shall not be deemed to prohibit free discussion regarding political issues or candidates for public office (Sec. 305, Federal Voting Assistance Act of 1955; 69 Stat. 589; 5 USC 2195).

d. All retired regular Air Force personnel are prohibited from soliciting, receiving from, or giving to any other officer, employee, or person paid from Federal funds, any contribution, subscription, or assessment for any political purpose or the promotion of any political purpose or the promotion of any political object (18 USC 602, 607). Further, as 18 USC 602 pertains to persons "receiving any salary or compensation for services from money derived from the Treasury of the United States," it is broad enough to include all retired nonregular Air Force personnel.

e. These comments should be considered of an advisory nature only. Definitive opinions and determinations in this area may be made only by the Attorney General of the United States and by the Federal courts.

46. General. Many retired members retain a status in the Air Force Reserve after retirement. The purpose of the following paragraphs is to answer your questions concerning your status in the Reserve.

47. The Air Force Reserve. The Air Force Reserve includes all reservists of the Air Force except those who are members of the Air National Guard of the United States. Each Air Force reservist has a personal status as a ready reservist, a standby reservist, or a retired reservist.

a. Ready Reserve. Certain Air Force reserve units and positions are designated "ready." A reservist assigned to such a unit must have ready status. A ready reservist may be ordered to extended active duty involuntarily in time of war or national emergency declared by Congress, a national emergency declared by the President, or when otherwise authorized by law.

b. Standby Reserve. A reservist not assigned to a ready reserve unit or position is designated a standby reservist unless he is assigned to the retired reserve. A standby reservist may be ordered to extended active duty involuntarily only in time of war or national emergency declared by Congress, or when otherwise authorized by law and then only if the Selective Service System has determined that he is available for such duty and there are not enough qualified ready reservists in the required grade and specialty.

c. Retired Reserve. The retired reserve consists of members who have been transferred or assigned under the provisions of 10 USC 274

and DOD Directive 1200.4, 24 September 1963, implemented by AFMS 35-7, Service Retirements, and 35-3, Air Reserve Forces Personnel Administration. A retired reservist may be ordered to extended active duty involuntarily only in time of war or national emergency declared by Congress, or when otherwise authorized by law and then only when the Secretary of the Air Force, with the approval of the Secretary of Defense, determines that an adequate number of other qualified members in the required grades and skills are not readily available.

48. Assignment of Retired Officers to the Air Force Reserve:

a. Assignment to the USAF Retired Reserve. A reserve officer retired under 10 USC 8911 (20 years' active military service, 10 years of which were in a commissioned status) automatically becomes a member of the retired reserve upon his retirement from the Air Force. This transfer is normally accomplished by the same order which places him on the USAF retired list. The law also provides that all officers retired before 30 June 1960 under 10 USC 8911 (or its predecessor, Title II, Public Law 810, 80th Cong.) and who on the effective date of the law held status in the Air Force Reserve were transferred to the USAF reserve retired list.

49. Assignment of Retired Airmen to the Air Force Reserve:

A

a. Assignment to the Retired Reserve. regular airman who holds a valid appointment as a reserve commissioned and/or warrant officer may, at time of retirement, be assigned to the retired reserve section and placed on the USAF reserve retired list in his commissioned or warrant officer grade. The individual's application for retirement must contain a request for such action. The assignment normally will be effected by the order placing the person on the USAF airmen retired list.

b. Assignment to the Standby Reserve. An airman retired after serving at least 20 years in the active military service will be transferred to the inactive status list reserve section of the standby reserve to complete a total of 30 years combined active and reserve service. This action is taken by the order which retired the individual.

c. Assignment to the Ready Reserve. See paragraph 48b, above, which applies in the case of all retired personnel.

d. Dual Status Reservists. Air Force reserve commissioned officers who have retired from active military service as warrant officers and Air Force commissioned or warrant officers who have retired from active military service as airmen have a dual status in the reserve. Such personnel may elect to be placed on the reserve retired list as shown in subparagraph a, above. In such cases they retain their reserve commissioned or warrant officer status indefinitely. If they do not desire assignment to the reserve retired list they will be assigned to the inactive status list reserve section of the standby reserve. If so, their reserve commissioned or warrant officer status could be terminated at

some future date by discharge action per chapter 90, AFM 35-3.

e. Relationship of Standby Reservist with Respect to the Selective Service System. Retired personnel who are also standby reservists as outlined in subparagraphs b and d above are subject to certain actions with respect to the Selective Service System. Under present law the Selective Service System is the only agency which can determine if a standby reservist is available for entry on active duty involuntarily. So that the Selective Service System can carry out its responsibility, they must obtain certain information from each standby reservist. By regulation, Air Force reservists are required to furnish the Selective Service System, upon request, any information desired by that organization. A request for information from Selective Service does not mean that the member is being considered for induction.

50. Participation in Reserve Training:

a. Retired personnel assigned to the inactive. status list reserve section of the standby reserve and/or the retired reserve section may take part in reserve training activities. Such training will be on an unassigned, nonpay basis. They may not take part in active duty training nor will records be kept of inactive duty training points. Once retired, they cannot qualify for additional benefits or promotion by participating in such training.

b. Retired personnel having ready status may take part in any training that is required by virtue of their assignment. Such training will be performed in the grade and under the circumstances set forth in their acceptance of the ready reserve position.