(4) For fund drives for officially recognized Armed Forces relief agencies or charitable organizations such as the Red Cross when the proceeds are donated to such agencies.

(5) For athletic contests in which one or more Armed Forces teams are participating.

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

(7) At official occasions and free social and entertainment activities held on or off Armed Forces installations, provided that such free social entertainment activities are conducted exclusively for the benefit of personnel of the Armed Forces and their guests.

(Secs. 3012, 3634, 70A Stat. 157, 207; 10 U.S.C. 3012, 3634)

[25 FR 10700, Nov. 9, 1960]

§ 510.1

PART 510-CHAPLAINS

Private ministrations, sacraments, and ordinances.

Chaplains will conduct or arrange for appropriate burial services at the interment of members of the military service, active and retired, and for members of their families upon request. A chaplain may perform the marriage rite, provided he complies with the civil law of the place where the marriage is to be solemnized and provided all parties concerned have complied with the requirements of the denomination the chaplain represents and with any directives which may have been issued by the military command or higher headquarters. The scope of the chaplains' work will include such ministrations as are held by some denominations or religious bodies as sacraments and by others as rites or ordinances. Chaplains will administer or arrange for rites and sacraments for military personnel and civilians under military jurisdiction according to the respective beliefs and conscientious practices of all concerned.

(R.S. 1125; 10 U.S.C. 238)

[16 FR 12931, Dec. 27, 1951]

Sailors' Relief Act (50 U.S.C. Appendix, section 501 et seq. (1970)) if applicable.

(b) The Army has no legal authority to force soldiers to pay their debts; nor can the Army divert any part of their pay even though payment was decreed by a civil court. Although the Army does not condone irresponsibility, only civil authorities can enforce payment of private debts.

(c) The Army will revoke debt processing privileges for those creditors who do not abide by the rules for processing debt complaints, or who are trying to use the Army as a debt collection agency.

§ 513.4 Banks and credit unions.

Banks and credit unions located on military bases must apply DOD Standards of Fairness, before making loans or credit agreements. Banks and credit unions which do not meet this requirement will be denied help in processing debt complaints. If soldiers are referred to off-base branches of an onpost bank or credit union, the branches must also comply with the Standards of Fairness before making loans or credit agreements.

§ 513.5 Fair Debt Collection Practices Act. Section 43a.5(e) of this title states that the debt collector must have the prior consent of the debtor to contact the commanding officer. This consent must be in writing and include the debt collector's name.

§ 513.6 Locator service.

(a) Current military address for all active Army personnel may be obtained by writing Commander, US Army Enlisted Records and Evaluation Center (USAEREC), Fort Benjamin Harrison, IN 46249. All requests must include the soldier's full name, rank, social security number, and the date and place of birth if social security number is not known. A check or money order for $2.40 payable to the Treasurer of the United States must be enclosed with each request.

(b) If a debt collector knows the soldier is represented by a civilian lawyer or a military legal assistance officer, he must first contact one of them. If he does not know or cannot find out

the name and address of the lawyer, or does not receive a response, he may then write to the above address. However, debt collectors must not use postcards nor state that the locator service is being sought in order to collect a debt; doing so would violate the Fair Debt Collection Practices Act.

§ 513.7 Debt processing procedures.

In addition to § 43a.6 (b) and (c) of this title, creditors must submit a true copy of the signed contract. An additional paragraph has been added to the Certificate of Compliance (Appendix A). (See § 513.12.) This insures that the creditor is complying with the relevant State's law regarding contact with an employer, as stated in § 43a.5(d) of this title.

§ 513.8 Debt complaints returned to creditors without action.

(a) In addition to the provision in § 43a.5(c) (1) through (3), debt complaints will not be processed if:

(1) A loan or credit has been made without a credit check.

(2) A loan or credit has been made to a soldier who cannot furnish references or already has a delinquent debt with the creditor.

(3) The soldier was not given a chance to answer a previous inquiry (45 days for those in the contiguous 48 States and the District of Columbia; 60 days for all others).

(b) The provisions of § 43a.5(c)(1) are explained in greater detail in AR 600-15. Photostatic copies of actual correspondence, or documentary proof that every effort has been made to obtain payment by direct contact with the soldier must be enclosed with all requests for assistance.

§ 513.9 Exemptions from Full Disclosure and Standards of Fairness.

The following debt complaints are exempt from the Full Disclosure and Standards of Fairness. This does not prevent the debtor from questioning service charges and negotiating a fair and reasonable settlement.

(a) Claims from private parties selling personal items (e.g., car, furniture, appliances, etc.) on a one-time basis.

(b) Claims from companies furnishing services in which credit is given only to facilitate the service (e.g., utilities, milk, laundry, and related services).

(c) Claims by endorsers, co-makers, or lenders who intend only to help the soldier in getting credit. These claims, however, may not benefit the above through receipt of interest or otherwise.

(d) Contract for the purchase, sale, or rental of real estate.

(e) Claims in which the total unpaid amount does not exceed $50.

(f) Claims based on a revolving or open-end credit account. The account must show:

(1) The periodic interest rate and the equivalent annual rate.

(2) The balance to which the interest is applied to compute the charge.

(g) Liens on real property (e.g., a house). This does not include improvements or repairs.

§ 513.10 Action by commanders.

(a) Creditors, notified of the requirements of this part, who refuse or repeatedly fail to comply with them, will be informed by the commander that no action will be taken until they comply with the provisions of this part. Commanders receiving subsequent inquiries from Headquarters, Department of the Army (HQDA), White House, Congress, or any other source will inform HQDA that the creditor has been informed that no action can be taken until the creditor provides the necessary data or documentation.

(b) Inquiries from creditors, no matter what the merits of the claim, which clearly show that the creditor is attempting to make unreasonable use of the debt processing privilege, will be referred to HQDA through channels, with a recommendation stating the reasons why the creditors' debt processing privileges should be revoked.

§ 513.11 Referral to Department of the Army.

(a) Creditors who have complied with these terms and are unsuccessful, after reasonable efforts to collect the debt, may request help from Commander, US Army Military Personnel

Center. In such cases, the information must be the same as that furnished the unit commander. The request should be sent to Cdr, MILPERCEN, ATTN: DAPC-OPR-P, Alexandria, VA 22332 for commissioned and warrant officers, or ATTN: DAPC-EPA-P, Alexandria, VA 22331 for enlisted members. All requests must include:

(1) The soldier's full name, rank, social security number, and the date and place of birth, if social security number is not known.

(2) The amount and date of the original debt.

(3) The terms of payment.

(4) The balance due.

(5) The required documents, including copies of all correspondence.

(b) Separate letters must be written on each account for prompt and efficient processing.

(a) Scope. The regulations of this part set forth basic policies and procedures applicable to legal proceedings in domestic and foreign civil courts or administrative tribunals of interest to the Army.

(b) Litigation responsibility of The Judge Advocate General. Subject to the control of litigation vested in the Attorney General and the Department of Justice, The Judge Advocate General:

(1) Is responsible for the initiation, administration, supervision, and coordination of measures for the protection of the Government in litigation and other legal proceedings which arise out of the operations of the Department of the Army or which otherwise involve its interests.

(2) Acts for the Secretary of the Army on matters connected with litigation and legal proceedings.

(3) Or his designee, certifies the payment of compromise settlements in accordance with applicable law.

(c) Representation of the Department of the Army. (1) The Judge Advocate General is responsible for all liaison between the Department of the Army and the Department of Justice. Within the Department of the Army, only The Judge Advocate General, and those military and civilian personnel who are designated by him, are authorized to represent the Department of the Army and its instrumentalities before Federal, State, and foreign

courts, administrative tribunals and regulatory bodies, and to maintain liaison with the Department of Justice and other governmental departments and agencies regarding litigation and legal proceedings.

(2) The Chief, Litigation Division, Office of The Judge Advocate General, and the attorneys assigned to that division or designated by the Chief, Litigation Division, are authorized to represent the Department of the Army in all civil litigation, except as otherwise specifically designated.

(3) The Chief, Regulatory Law Division, Office of The Judge Advocate General, the attorneys assigned to that division, and other military and civilian attorneys designated from time to time on a case-by-case basis by the Chief, Regulatory Law Division, are solely designated to represent the Department of the Army in all regulatory matters before the courts, administrative agencies and regulatory bodies, including, but not limited to, communications, transportation and other utility services.

(4) The Chief, U.S. Army Claims Service, and the attorneys assigned thereto are authorized, subject to the provisions of Chapter 4, AR 27-20, to maintain direct liaison with the Department of Justice in regard to the preliminary aspects of administrative settlement of claims in excess of $25,000 under the Federal Tort Claims Act.

(5) The Chief, Patents Division, Office of The Judge Advocate General, and the attorneys assigned to that division, are designated to represent the Department of the Army in matters pertaining to patents, copyrights, or trademarks.

(6) The Chief, Civilian Personnel Law Office of The Judge Advocate General, and the attorneys assigned to that office are designated to represent the Department of the Army before the administrative authority having jurisdiction relative to personnel action effected against civilian employees of the Army pursuant to statute, Department of the Army regulations, and Civil Service Commission regulations, excepting, however, personnel actions against nonappropriated fund employees of the Army and

Air Force Exchange Service and Motion Picture Service. They are also designated to represent the Department of the Army before administrative bodies in matters pertaining to labor relations arising under Executive Order 11491, dated October 29, 1969 (34 FR 17605; 3 CFR 1966-70 Comp., p. 861), as amended by Executive Order 11616, dated August 26, 1971 (36 FR 17319; 3 CFR 1971 Comp., p. 202), excepting, however, cases involving employees of the Army and Air Force Exchange Service and Motion Picture Service. Upon the request of such services or of other military agencies, the Chief, Civilian Personnel Law Office of The Judge Advocate General, and the attorneys assigned to that office are authorized to coordinate with such services and other military agencies in such labor relations matters, including participation in any administrative proceedings arising under such executive orders.

(7) The duly designated legal representatives of the Chief of Engineers are designated to maintain direct liaison with the Department of Justice in litigation matters arising from the civil functions of the Corps of Engineers and in connection with condemnation proceedings instituted for the acquisition of real property and interests therein as provided for in §§ 552.30-552.39 of this chapter.

(8) The Army Chief Trial Attorney and the attorneys assigned to the Contract Appeals Division, Office of The Judge Advocate General, are responsible for protecting the interests of the Government before the Armed Serv

ices Board of Contract Appeals (ASBCA). The Chief Trial Attorney shall present to the ASBCA all Department of the Army cases, except that Corps of Engineers attorneys shall act as trial attorneys in connection with Corps of Engineers contract cases. When it is determined by the Commanding General, U.S. Army Materiel Command, that an appeal before the ASBCA has particular significance to his procuring activity and that it involves difficult operational and technical facts, he may, on the filing of the contracting officer's comprehensive report and after consultation with The Judge Advocate General, Department

of the Army, detail to the Chief Trial Attorney an attorney from his procuring activity who shall be an attorney of record.

(9) Except in the exercise of the authority provided in this section, neither military nor civilian personnel of the Army will confer or correspond with any representative of the Department of Justice concerning legal proceedings within the purview of this part without the prior approval of The Judge Advocate General. This paragraph, however, in no way affects the requirement for judge advocates and legal advisers to maintain liaison with the U.S. Attorneys. Neither does this paragraph affect the requirement that certain offenses be reported to the Federal Bureau of Investigation, nor the requirement for cooperation with that agency during the course of its investigation.

(d) Appearance as counsel. (1) Except as authorized in paragraph (c) of this section, military personnel on active duty and civilian personnel of the Department of the Army are prohibited from appearing as counsel before any civil court, administrative tribunal, regulatory body, or governmental agency unless:

(i) The appearance is specifically authorized by The Judge Advocate General subsequent to the individual's request; or

(ii) The individual is a party to the action or proceeding; or

(iii) The officer concerned is designated to conduct the prosecution of offenders under the provisions of AR 27-44.

(2) Requests by military or civilian personnel to appear as counsel will be delivered to the Staff Judge Advocate or Legal Adviser. The Staff Judge Advocate or Legal Adviser will forward this request to The Judge Advocate General, Attention: Chief, Litigation Division (HQDA (DAJA-LT)) Wash., D.C. 20310, together with his recommendation and evaluation of the case, including but not limited to: nature and current status of court-martial proceedings, listing of all counsel participating in the defense, nature and status of any previous civil court actions in this or related cases. At the same time that he delivers a request of