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§ 808.1

authority. If there is no evidence of intent to violate the regulations, the person may be warned against repetition and released. Otherwise, the commander will promptly notify the nearest office of the Office of Special Investigations by the fastest means available. That office will immediately request the nearest office of the Federal Bureau of Investigation to take custody of the individual at the installation. The commander will furnish the representative of the Federal Bureau of Investigation with a written statement of the facts, the names and addresses of the witnesses, and any pertinent exhibits that may be available.

(ii) When an investigation reveals that such a person has entered a restricted area or building, and was not apprehended, the commander will promptly notify the nearest district office of the Office of Special Investigations of all the facts, including the names and addresses of the witnesses. The district office will immediately notify the nearest office of the Federal Bureau of Investigation.

(b) Air space reservations-(1) Definition and establishment. An air space reservation is the air space above an area on the land or water, designated and set apart by Executive Order of the President of the United States, or by a State, Commonwealth, or Territory, over which the flight of aircraft is prohibited or restricted for the purpose of national defense or for other governmental purposes.

(2) Responsibility of commanders. The commander of an installation over which an air space reservation has been established is responsible for its surveillance; he must make prompt report of any illegal flights in the air space to the Chief of Staff, USAF, through channels.

Part 808-Competition With
Civilian Bands [Added]

Sec.

808.1

808.2

808.3

808.4

Title 32-National Defense

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AUTHORITY: §§ 808.1 to 808.4 issued under sec. 8012, 70A Stat. 488; 10 U. S. C. 8012. Interpret or apply secs. 8634, 8635, 70A Stat. 532; 10 U. S. C. 8634, 8635.

SOURCE: §§ 808.1 to 808.4 appear at 20 F. R. 5915, Aug. 16, 1955, except as otherwise noted.

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§ 808.1 Use of Air Force bands-(a) Statutory limitations. The use, employment, or assignment of Air Force bands off military reservations are governed by the following statutes:

(1) U. S. Code, Title 10, section 8634. "No Air Force band or member thereof may receive remuneration for furnishing music outside the limits of an air base in competition with local civilian musicians."

(2) U. S. Code, Title 10, section 8635. "No enlisted member of the Air Force on active duty may be ordered or permitted to leave his post to engage in a civilian pursuit or business, or a performance in civil life, for emolument, hire, or otherwise, if the pursuit, business, or performance interferes with the customary or regular employment of local civilians in their art, trade, or profession."

[22 F. R. 10217, Dec. 19, 1957]

§ 808.2 Responsibilities. Installation commanders are responsible for determining whether the use of an Air Force band at a public gathering is in conflict with the provisions of the statutes quoted in § 808.1 (a), and for enforcing instructions governing the use of Air Force bands.

§ 808.3 Instructions. Subject to the laws quoted in § 808.1 (a), prohibiting competition with civilians, the following are some examples of occasions when Air Force bands may be used:

(a) Whenever or wherever they function as a part of or in conjunction with other type elements or components of United States military forces. The music may be broadcast or telecast with the other features of the program.

(b) For all uses on military and naval installations or vessels, and other places or circumstances when on duty with military forces.

(c) When music is a part of official occasions that superior officers of the Government and/or the Department of the Air Force, Army, and Navy attend in their official capacities and in performance of their official duties. Music may be broadcast or telecast with the other features of the program. Such occasions do not include social occasions and entertainments, such as dinners and luncheons given by civilians or civic associations these officers attend as guests.

(d) Broadcasts and telecasts of concerts, when such programs are not for

commercial purposes and originate on military or naval reservations or vessels.

(e) Broadcasts and telecasts originating on or off a military or naval reservation or vessel, when such programs are:

(1) Not for commercial purposes, and

(2) For purely recruiting drives or to present to the public certain matters the Air Force considers important enough to require radio or television dissemination.

(f) Musical programs at any United States Government hospital for the entertainment of patients.

(g) Concerts in the Capitol grounds, Government buildings, and public parks of the city of Washington, D. C.

(h) Free social and entertainment activities conducted exclusively for the benefit of enlisted personnel and their guests in service clubs and social centers maintained for the use of enlisted personnel on active duty.

(i) Official occasions and free social and entertainment activities held on military installations, if such activities are conducted exclusively for the benefit of military personnel on active duty and their guests.

(j) Parades and ceremonies incident to patriotic occasions, or gatherings of personnel of the Armed Forces, veterans, or patriotic organizations.

(k) Fund drives for officially recog

nized Armed Forces relief or charitable organizations, and for civilian charitable organizations such as the National Red Cross, when the benefits are donated to these agencies.

Note: Fund drives of a local party, sect, or similar group, whether for charitable or other purposes, are not considered appropriate occasions for the use of Air Force bands.

(1) Athletic contests in which one or more Armed Forces teams are participating.

(m) In connection with purely recruiting activities for the Armed Forces.

§ 808.4 Clearance. Commanders will not obtain clearance for performance of any Air Force band from the American Federation of Musicians or any other union, directly, through the community sponsoring agency, or otherwise.

Part 812-Prisoners [Deleted, 21 F. R. 5692, July 28, 1956]

Part 813-Delivery of Air Force Personnel to Civilian Authorities

AUTHORITY NOTE: The citation of authority for Part 813 is changed to read:

AUTHORITY: §§ 813.1 to 813.3 issued under sec. 8012, 70A Stat. 488; 10 U. S. C. 8012. Interpret or apply sec. 814, 70A Stat. 41; 10 U. S. C. 814.

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§ 833.2 General provisions. (a) Immediately upon the official notification of the death, or presumptive finding of death, of any member as listed in § 833.1 (a), a death gratuity is payable to the eligible beneficiary as determined under the provisions of § 833.4. The death gratuity is authorized in an amount equal to six months' basic pay (plus special and incentive pays) at the rate to which the decedent was entitled on date of death, but not less than $800.00 nor more than $3,000.00.

a

(b) Immediately upon the official determination that the death of members or former members occurred under circumstances as stated in § 833.1 (b), death gratuity in an amount as prescribed in paragraph (a) of this section is payable to the eligible beneficiary as determined in § 833.4. For purposes of computing the amount of death gratuity payable, the decedent will be considered

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as entitled on date of death to basic pay (plus special and incentive pays) at the rate to which he was entitled on his last day of active duty, active duty for training, or inactive duty training.

(c) No amounts of death gratuity are payable under the provisions of paragraph (b) of this section unless the deceased member was discharged or released under conditions other than dishonorable from such period of active duty, active duty for training or inactive duty training.

(d) No amounts of death gratuity are payable where the deceased member suffered death as a result of lawful punishment for a crime or for a military offense, except when death was so inflicted by any hostile force with which the Armed Forces of the United States have engaged in armed conflict.

§ 833.3 Definitions-(a) Spouse. A man or woman will be considered to be the spouse of a member of the Air Force if legally married to the member at the time of the member's death.

(b) Child. The term "child" includes the following, without regard to age or marital status:

(1) A legitimate child.

(2) A child legally adopted.

(3) A stepchild, if such child is a member of the Air Force member's household.

(4) An illegitimate child, but as to the father only if:

(i) Acknowledged in writing signed by him; or

(ii) He has been judicially ordered or decreed to contribute to the child's support; or

(iii) He has prior to his death been judicially decreed or otherwise shown by satisfactory evidence to be the father of the child.

(c) Parent. The term "parent" includes a father or mother; father or mother through adoption; and any person who for a period of not less than one year has stood in loco parentis to the Air Force member at any time prior to entry into active service. Not more than one father or mother will be recognized in any case. Preference will be given to the father or mother who actually exercised parental relationship at the time of, or most nearly prior to, the date of the member's entry into active service.

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(g) Inactive duty training. The term "inactive duty training" means any of the training, instruction, duty, appropriate duties, or equivalent training, instruction, duty, appropriate duties, or hazardous duty, performed with or without compensation by a member of a Reserve component of the Air Force, pursuant to law. The term does not include work or study performed by a member of a Reserve component in connection with correspondence courses of the Air Force, or attendance at an educational institution in an inactive status under the sponsorship of the Air Force.

(h) Member of the United States Air Force. The term "member of the United States Air Force" means a person appointed, enlisted or inducted in a component of the Air Force including a Reserve component or without specification of component, and any person serving in the Air Force under call or conscription. The term includes:

(1) A cadet at the United States Air Force Academy;

(3) Any person while en route to or from, or at, a place for final acceptance or for entry upon active duty in the Air Force, who has been provisionally accepted for duty; or who under current law has been selected for active military service; and has been ordered or directed to proceed to such place. Any such person who suffers an injury or disease resulting in disability or death while en route to or from, or at, a place for final acceptance or entry upon active duty shall be considered to be on active duty when the incident occurs, and entitled to the basic pay of the grade which he would have received upon final acceptance or entry upon active duty.

(2) A member of the Air Force Reserve Officers' Training Corps, when ordered to annual training duty for fourteen days or more, and while performing authorized travel to and from that duty; and

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