R 241339Z SEP 10
UNCLASSIFIED//
MARADMIN 541/10
MSGID/GENADMIN/CMC WASHINGTON DC PR//
SUBJ/APPROPRIATED FUNDS NOT AUTHORIZED FOR USMC BIRTHDAY CAKE//
REF/A/DESC:MCO 7040.11A/-/-//
AMPN/REF:  (A) IS THE MARINE CORPS ORDER ON MARINE CORPS BIRTHDAY BALL FUNDING.//
POC/ROBERT WILSON/RFR/-/-/TEL:703-697-5017//
POC/SHARI RITTER/RFR/-/-/TEL:703-614-0710//
GENTEXT/REMARKS/1. REFERENCE (A) OUTLINES THE APPROPRIATE SOURCES OF FUNDING FOR THE OFFICIAL AND SOCIAL PORTIONS OF MARINE CORPS BIRTHDAY BALLS. THE ORDER DOES NOT AUTHORIZE APPROPRIATED FUNDS (APF) FOR THE MARINE CORPS BIRTHDAY CAKE USED IN CAKE CUTTING CEREMONIES AND BIRTHDAY BALLS. HOWEVER, CONFUSION STILL EXISTS ABOUT THE PROPER FUNDING SOURCE FOR MARINE CORPS BIRTHDAY CAKES.
2.  CURRENTLY, FISCAL LAW PROVIDES VERY LIMITED CIRCUMSTANCES FOR THE USE OF APF FOR MARINE CORPS BIRTHDAY CAKES. ONLY THE 3-4 SLICES USED IN AN OFFICIAL CEREMONY AND THE PURCHASE AND DECORATION OF THE STYROFOAM "FAKE CAKE" ARE LEGAL APF EXPENDITURES. MISUNDERSTANDING OR MISUSE OF THIS NARROW EXCEPTION COULD LEAD TO A VIOLATION OF 31 U.S.C. 1301 (THE PURPOSE STATUTE) AND RESULT IN COSTLY AND TIME CONSUMING ANTIDEFICIENCY ACT (ADA) INVESTIGATIONS.
3.  THEREFORE, EFFECTIVE IMMEDIATELY, APF IS NOT AUTHORIZED FOR THE PURCHASE OF ANY PORTION OF THE BIRTHDAY CAKE FOR CAKE CUTTING CEREMONIES OR BIRTHDAY BALLS. REF (A) WILL BE UPDATED TO REFLECT THIS NEW POLICY.
4.  RELEASE AUTHORIZED BY SES CARAL E. SPANGLER, ASST DEPUTY COMMANDANT FOR PROGRAMS AND RESOURCES DEPARTMENT (RESOURCES)//