USACIDC

U.S. Army Criminal Investigation Command

Section II Terms

ACCESS

The review of a record or obtaining a copy of a record or parts thereof in a system of records.

AGENCY

The DOD is a single agency for the purpose of disclosing records subject to The Privacy Act of 1974. For other purposes, including access, amendment, appeals from denials of access or amendment, exempting systems of records, and record-keeping for release to non-DOD agencies, the DA is an agency.

ACCESS AND AMENDMENT REFUSAL AUTHORITY The Army Staff agency head or major Army commander designated sole authority by this regulation to deny access to, or refuse amendment of, records in his or her assigned area or functional specialization.

CONFIDENTIAL SOURCE

A person or organization that has furnished information to the Federal Government under an express promise that its identity would be withheld, or under an implied promise of such confidentiality if this implied promise was made before September 27, 1975.

DATA SUBJECT

The individual about whom the Army is maintaining information in a system of records.

DISCLOSURE

The furnishing of information about an individual by any means, to an organization, Government agency, or to an individual who is not the subject of the record, the subject's designated agent or legal guardian. Within the context of the Privacy Act and this regulation, this term applies only to personal information that is a part of a system of records.

INDIVIDUAL

A living citizen of the United States or an alien admitted for permanent residence. The Privacy Act rights of an individual may be exercised by the parent or legal guardian of a minor or an incompetent. (The Privacy Act confers no rights on deceased persons, nor may their next-of-kin exercise any rights for them.)

OFFICIAL USE

Any action by a member or employee of DOD that is prescribed or authorized by law or a regulation and is intended to perform a mission or function of the Department.

PERSONAL INFORMATION

Information about an individual that is intimate or private to the individual, as distinguished from information related solely to the individual's official functions or public life.

PRIVACY ACT REQUEST

A request from an individual for information about the existence of, or for access to or amendment of, a record about him or her that is in a system of records. The request must cite or implicitly refer to the Privacy Act.

RECORD

Any item, collection, or grouping of information about an individual that

a. Is kept by the Government including, but not limited to, an individual's home address, home telephone number, SSN, education, financial transactions, medical history, and criminal or employment history.

b. Contains an individual's name, identifying number, symbol, or other individual identifier such as a finger, voice print, or a photograph.

ROUTINE USE

Disclosure of a record outside DOD without the consent of the subject individual for a use that is compatible with the purpose for which the information was collected and maintained by DA. The routine use must be included in the published system notice for the system of records involved.

STATISTICAL RECORD

A record maintained only for statistical research or reporting purposes and not used in whole or in part in making determinations about specific individuals.

SYSTEM MANAGER

The official responsible for policies and procedures for operating and safeguarding a system or records. This official is located normally at Headquarters, DA.

MAINTAIN

Collect, use, maintain, or disseminate.

SYSTEM OF RECORDS

A group of records under the control of DA from which information is retrieved by the individual's name or by some identifying number, symbol, or other identifying particular assigned to the individual. System notices for all systems of records must be published in the FEDERAL REGISTER. (A grouping or files series of records arranged chronologically or subjectively that is not retrieved by individual identifier is not a system of records, even though individual information could be retrieved by such an identifier, such as through a paper-by-paper search.)

Subpart A-Introduction

$507.1 Purpose.

This part prescribes the Department of the Army and the Air Force policy governing the manufacture, sale, reproduction, possession, and wearing of military decorations, medals, badges, and insignia. It also establishes the Heraldic Item Quality Control System to improve the appearance of the Army and Air Force by controlling the quality of heraldic items purchased from commercial sources.

§ 507.2 References.

Related publications are listed in paragraphs (a) through (e) of this section. (A related publication is merely a source of additional information. The user does not have to read it to understand this part). Copies of referenced publications may be reviewed at any Army or Air Force Library or may be purchased from the National Technical Information Services, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161.

(a) AFR 35-10, Dress and Personal Appearance of Air Force Personnel.

(b) AR 360-5, Public Information. (c) AR 670-1, Wear and Appearance of Army Uniforms and Insignia.

(d) AR 840-10, Heraldic Activities, Flags, Guidons, Streamers, Tabards and Automobile Plates.

(e) AFR 900-3, Department of the Air Force Seal, Organizational Emblems, Use and Display of Flags, Guidons, Streamers, and Automobile and Aircraft Plates.

§ 507.3 Explanation of abbreviations and terms.

(a) Abbreviations. (1) AFB-Air Force Base.

(2) DA-Department of the Army. (3) DCSPER-Deputy Chief of Staff for Personnel.

(4) DPSC-Defense Personnel Support Center.

(5) DUI-distinctive unit insignia. (6) ROTC-Reserve Officers' Training Corps.

(7) SSI-shoulder sleeve insignia. (8) TIOH-The Institute of Heraldry. (9) USAF-United States Air Force. (b) Terms—(1) Cartoon. A drawing, six times actual size, showing placement

of stitches, color of yarn and number of stitches.

(2) Certificate of Authority to Manufacture. A certificate assigning manufacturers a hallmark and authorizing manufacture of heraldic items.

(3) Hallmark. A distinguishing mark consisting of a letter and numbers assigned to certified manufacturers for use in identifying manufacturers of insignia.

(4) Heraldic items. All items worn on the uniform to indicate unit, skill, branch, award or identification and a design has been established by TIOH on an official drawing.

(5) Letter of Agreement. A form signed by manufacturers before certification, stating that the manufacturer agrees to produce heraldic items in accordance with specific requirements.

(6) Letter of Authorization. A letter issued by TIOH that authorizes the manufacture of a specific heraldic item after quality assurance inspection of a preproduction sample.

(7) Tools. Hubs, dies, cartoons, and drawings used in the manufacture of heraldic items.

$507.4 Responsibilities.

(a) Deputy Chief of Staff for Personnel (DCSPER), Army. The SCSPER has staff responsibility for heraldic activities in the Army.

(b) The Director, The Institute of Heraldry (TIOH). The Director, TIOH. will

(1) Monitor the overall operation of the Heraldic Control Program.

(2) Authorize the use of insignia designs in commercial items.

(3) Certify insignia manufacturers. (4) Inspect the quality of heraldic items.

(c) The Director, Headquarters, Air Force Military Personnel Center, Recognition Programs Branch (HQ, AFMPC/ DPMASA), Randolph Air Force Base, Texas 78150-6001. The Director has staff responsibility for heraldic activities in the Air Force.

(d) Commander, Air Force Military Personnel Center. The Commander, Air Force Military Personnel Center, Randolph Air Force Base, TX, is responsible for granting permission for the incorporation of certain Air Force designs in commercial items.

(e) Commander, USAF Historical Research Center (USAFRC/RI). The Commander, USAFRC/RI, Maxwell, AFB, AL, is responsible for granting permission for use of the Air Force seal, coat of arms, and crest.

(f) Commanders. Commanders are responsible for purchasing heraldic items that have been produced by manufacturers certified by TIOH. Commanders will ensure that only those heraldic items that are of quality and design covered in the specifications and that have been produced by certified manufacturers are worn by personnel under their command.

§ 507.5 Statutory authority.

(a) The wear, manufacture, and sale of military decorations, medals, badges, their components and appurtenances, or colorable imitations of them, are governed by section 704, title 18, United States Code (18 U.S.C. 704).

(b) The manufacture, sale, possession, and reproduction of badges, identification cards, insignia, or other designs, prescribed by the head of a U.S. department or agency, or colorable imitations of them, are governed by 18 U.S.C. 701.

(c) This part incorporates the statutory provisions.

Subpart B-Manufacture and Sale of Decorations, Badges, and Insignia

$507.6 Authority to manufacture.

be

(a) A certificate of authority to manufacture heraldic articles may granted by the Institute of Heraldry.

(1) Certificates of authority will be issued only to those manufacturers who have the manufacturing capability and who have agreed to manufacture heraldic items according to applicable specifications or purchase descriptions.

(2) The certificate of authority is valid only for the individual, firm, or corporation indicated.

(3) A hallmark will be assigned to each certified manufacturer. All insignia manufactured will bear the manufacturer's hallmark.

(b) A certificate of authority may be revoked or suspended under the procedures prescribed in subpart C of this part.

(c) Manufacturers will submit a preproduction sample to TIOH of each item under the Heraldic Quality Control Program before production. A letter of authorization to manufacture specific items will be issued to the manufacturer if the "sample" meets quality assurance standards.

(d) A list of certified manufacturers will be furnished to the Army and Air Force Exchange Service and, upon request, to Army and Air Force commanders.

§ 507.7 Authority to sell.

No certificate of authority is required to sell articles listed in §507.8 of this part; however, sellers are responsible to sell only those articles that have been manufactured in conformance with Government specifications by certified manufacturers with the use of Government-loaned tools and that bear hallmarks assigned by TIOH.

$507.8 Articles authorized for manufacture and sale.

(a) The articles listed in paragraphs (a) (1) through (10) of this section are authorized for manufacture and sale when made in accordance with approved specifications or drawings.

(1) All authorized insignia (AR 670-1 and AFR 35-10).

(2) Appurtenances and devices for decorations, medals, and ribbons such as oak leaf clusters, service stars, arrowheads, V-devices, and clasps.

(3) Combat, special skill, and qualification badges and bars.

(4) Identification badges.
(5) Fourrageres and lanyards.
(6) Lapel buttons.

(7) Miniature replicas as decorations, service medals, and ribbons, except for the Medal of Honor.

(8) Replicas of decorations and service medals for grave markers. Replicas are to be at least twice the size prescribed for decorations and service medals.

(9) Service ribbons for decorations, service medals, and unit awards.

(10) Rosettes.

(b) Variations from the prescribed specifications for the items listed in paragraph (a) of this section are not permitted without prior approval, in writing, by TIOH.

$507.9 Articles not authorized for manufacture or sale.

The following articles are not authorized for manufacture and sale, except under contract with DPSC:

(a) Manufacture and/or sale of decorations and service medals other than miniatures.

(b) Service flags (prescribed in AR 840-10 or AFR 900-3).

(c) Service ribbon for the Medal of Honor.

(d) Articles for public sale that incorporate designs or likenesses of decorations, service medals, and service ribbons.

(e) Articles for public sale that incorporate designs or likenesses of designs of insignia listed in §507.8 of this part, except when authorized by the Service concerned.

§ 507.10 Incorporation of designs or likenesses of approved designs in commercial articles.

The policy of the DA and the Department of the Air Force is to restrict the use of military designs for the needs or the benefit of personnel of their Services.

(a) Except as authorized in writing by the DA or the Department of the Air Force, as applicable, the manufacture of commercial articles incorporating designs or likenesses of official Army/ Air Force heraldic items is prohibited. However, certain designs or likenesses of insignia such as badges or organizational insignia may be incorporated in articles manufactured for sale provided that permission has been granted as specified in paragraphs (a) (1) and (2) of this section.

(1) Designs approved for use of the Army. The Institute of Heraldry, Building 15, Cameron Station, Alexandria, VA 22304-5050, is responsible for granting permission for the incorporation of certain Army designs in articles manufactured for sale. Commanders of units authorized an SSI or a DUI may authorize the reproduction of the SSI or DUI on commercial articles such as shirts, tie tacks, cups, or plaques. Such permission will be in writing. Authorization for incorporation of designs or likenesses in commercial items will be granted only to those manufacturers who agree to offer these items for sale

only to Army and Air Force Exchange Service and outlets that sell primarily to military personnel and their dependents.

(2) Designs approved for use of the Air Force. Headquarters, Air Force Military Personnel Center, Recognition Programs Branch (HQ AFMPC/ DPMASC), Randolph AFB, TX 781506001, is responsible for granting permission for the incorporation of certain Air Force designs for articles manufactured for sale. The Commander, Air Force Historical Research Center, AFHRC/RI, Maxwell AFB, AL 361126678, is responsible for granting permission for the incorporation of the coat of arms, crest, and seal when use is not specified in AFR 900-3, chapter 1. Use of organizational emblems will be in accordance with AFR 900-3, chapter 2. Such permission will be in writing. Authorization for incorporation of designs or likenesses in commercial items will be granted only to those manufacturers who agree to offer these items for sale only to the Army and Air Force Exchange Service, or to those outlets that sell primarily to military personnel and their dependents.

(b) In the case of the Honorable Service Lapel Button, a general exception is made to permit the incorporation of that design in articles manufactured for public sale provided that such articles are not suitable for wear as lapel buttons or pins.

§ 507.11 Reproduction of designs.

(a) The photographing, printing, or, in any manner making or executing any engraving, photograph, print, or impression in the likeness of any decoration, service medal, service ribbon, badge, lapel button, insignia, or other device, or the colorable imitation thereof, of a design prescribed by the Secretary of the Army or the Secretary of the Air Force for use by members of the Army or the Air Force is authorized provided that such reproduction does not bring discredit upon the military service and is not used to defraud or to misrepresent the identification or status of an individual, organization, society, or other group of persons.

(b) The use for advertising purposes of any engraving, photograph, print, or

impression of the likeness of any DA or Department of the Air Force decoration, service medal, service ribbon, badge, lapel button, insignia, or other device (except the Honorable Service Lapel Button) is prohibited without prior approval, in writing, by the Secretary of the Army or the Secretary of the Air Force except when used to illustrate a particular article that is offered for sale. Request for use of Army insignia in advertisements or promotional materials will be processed through public affairs channels in accordance with AR 360-5, paragraph 3–37.

(c) The reproduction in any manner of the likeness of any identification card prescribed by DA or Department of the Air Force is prohibited without prior approval in writing by the Secretary of the Army or Secretary of the Air Force.

$507.12 Possession and wearing.

(a) The wearing of any decoration, service medal, badge, service ribbon, lapel button, or insignia prescribed or authorized by the DA and the Department of the Air Force by any person not properly authorized to wear such device, or the use of any decoration, service medal, badge, service ribbon, lapel button, or insignia to misrepresent the identification or status of the person by whom such is worn is prohibited. Any person who violates this provision is subject to punishment as prescribed in the statutes referred to in § 507.3 of this part.

(b) Mere possession by a person of any of the articles prescribed in §507.6 of this part (except identification cards) is authorized provided that such possession is not used to defraud or misrepresent the identification or status of the individual concerned.

(c) Articles specified in §507.6 of this part, or any distinctive parts including suspension ribbons and service ribbons) or colorable imitations thereof, will not be used by any organization, society, or other group of persons without prior approval in writing by the Secretary of the Army or the Secretary of the Air Force.