R 132113Z FEB 09
UNCLASSIFIED//
MARADMIN 0094/09
MSGID/GENADMIN/CMC WASHINGTON DC PA//
SUBJ/GUIDANCE ON MILITARY BANDS AND OTHER MUSICAL UNITS// REF/A/MSGID:DOC/SECTION 590 OF NDAA FY08/-//
REF/B/MSGID:DOC/10 U.S.C. SECTION 974/-//
REF/C/MSGID:DOC/ASD(PA)/20NOV2001//
REF/D/MSGID:DOC/STANDARDS OF ETHICAL STANDARDS/-//
REF/E/MSGID:DOC/DOD WASHINGTON DC/30AUG1993//
NARR/REF A IS SECTION 590 OF NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) OF FY08. REF B IS 10 U.S.C. SECTION 974. REF C IS DOD DIRECTIVE 5410.18, PUBLIC AFFAIRS COMMUNITY RELATIONS POLICY. REF D IS STANDARDS OF ETHICAL CONDUCT FOR EXECUTIVE BRANCH (5 C.F.R. PART 2635). REF E IS DOD 5500.7-R, JOINT ETHICS REGULATION.//
POC/J. A. FORD/CWO4/UNIT:CMC WASHINGTON DC/NAME:DIVPA PAC /TEL:703-692-1453/EMAIL:JAMES.FORD@USMC.MIL//
GENTEXT/REMARKS/1. THIS MARADMIN PROVIDES CLARIFYING GUIDANCE ON MILITARY BANDS AND OTHER MUSICAL UNITS IN RESPONSE TO QUESTIONS ARISING FROM THE FY08 NDAA AMENDMENT (REFERENCE (A)) THAT ADDED 10 U.S.C. SECTION 974 (REFERENCE (B)) ON 28 JANUARY 2008.
2.  FOR 100 YEARS, ACTS OF CONGRESS HAVE PROHIBITED ARMED FORCES ENLISTED BAND MEMBERS FROM PLAYING OFF-BASE, OFF-DUTY FOR REMUNERATION IN COMPETITION WITH LOCAL CIVILAN MUSICIANS. REFERENCE(A) EXPANDED THIS NONCOMPETITION PROHIBITION TO "BACKGROUND, DINNER, DANCE OR OTHER SOCIAL MUSIC AT EVENTS" -- "REGARDLESS OF LOCATION" -- "THAT ARE NOT SUPPORTED SOLELY BY APPROPRIATED FUNDS." (10 U.S.C. SECTION 974(D)(1)(B)). THIS AMENDMENT, STRICTLY READ, SUPERSEDES PARAGRAPH 4.8.4.1 OF REFERENCE (C), APPLIES ON-BASE AND OFF-BASE, AND BANS MILITARY BAND SUPPORT TO NONAPPROPRIATED OR PRIVATELY FUNDED EVENTS (I.E., CUSTOMARY MILITARY EVENTS SUCH AS THE SOCIAL PORTION OF MARINE CORPS BIRTHDAY BALLS, MESS NIGHTS, DINING OUTS, AND PRIVATE DINNERS OR RECEPTIONS).
3.  PER 10 U.S.C. SECTION 974(D)(2), THIS NONCOMPETITION BAN DOES NOT APPLY TO PERFORMANCES: A.  AT OFFICIAL FEDERAL GOVERNMENT EVENTS SUPPORTED SOLELY BY APPROPRIATED FUNDS; B.  AT CONCERTS, PARADES, AND OTHER EVENTS THAT ARE PATRIOTIC EVENTS OR CELEBRATIONS OF NATIONAL HOLIDAYS AND ARE FREE TO THE PUBLIC; OR C. AT SHORT PERFORMANCES OF MILITARY OR PATRIOTIC MUSIC TO OPEN OR CLOSE EVENTS NOT SUPPORTED SOLELY BY APPROPRIATED FUNDS, IN COMPLIANCE WITH APPLICABLE RULES AND REGULATIONS.
4.  NO SUPPORT TO FUNDRAISING EVENTS.  SIGNIFICANTLY, IT SHOULD BE NOTED THAT SECTION 2635.808(A)(2) OF REFERENCE (D) AND PARAGRAPHS 4.2.4.2 AND 4.2.5.3 OF REFERENCE (C) PROHIBIT "ACTIVE AND VISIBLE PARTICIPATION" BY DOD MUSICAL RESOURCES AT NON-FEDERAL ENTITY CHARITABLE FUNDRAISING EVENTS BECAUSE IT CONVEYS A "STRONG VISUAL APPEARANCE OF A DOD ENDORSEMENT OF NON-FEDERAL ENTITY, ITS EVENT, OR ITS GOALS."  THUS, A MARINE CORPS BAND MAY NOT PROVIDE ANY SUPPORT TO A NON-FEDERAL ENTITY FUNDRAISING EVENT.  REFERENCE (E) PROVIDES ADDITIONAL GUIDANCE REGARDING PARTICIPATION IN FUNDRAISING EVENTS.
5.  PERMISSIBLE AND IMPERMISSIBLE MILITARY BAND SUPPORT IS ILLUSTRATED BY THE FOLLOWING EXAMPLES:
A.  EXAMPLE 1:  A MARINE CORPS BAND MAY PROVIDE SHORT PERFORMANCE OF MUSIC (PATRIOTIC OPENER) AT THE BEGINNING OF A CUSTOMARY MILITARY EVENT (BIRTHDAY BALL, MESS NIGHT, ETC) WHETHER ON-BASE OR OFF-BASE.
B.  EXAMPLE 2:  A MARINE CORPS BAND MAY PERFORM AT A LOCAL TOWN'S FOURTH OF JULY EVENT THAT IS FREE TO THE PUBLIC.  THE BAND WOULD NOT BE LIMITED TO A PATRIOTIC OPENER OR CLOSER.
C.  EXAMPLE 3:  A MARINE CORPS BAND MAY PERFORM AT A LOCAL HIGH SCHOOL IN SUPPORT OF COMMUNITY RELATIONS, RECRUITING, AND EDUCATIONAL OUTREACH.
D.  EXAMPLE 4:  A MARINE CORPS BAND MAY PERFORM AT A PUBLIC EVENT EVEN WHEN A GENERAL ADMISSION IS CHARGED (E.G., A NATIONALLY BROADCAST ATHLETIC EVENT) AS LONG AS THE BAND'S APPEARANCE IS INCIDENTAL TO THE EVENT AND OTHER DOD COMMUNITY RELATIONS POLICY CRITERIA ARE MET.  (SEE PARAGRAPH 4.1.4 AND SECTION 4 OF REFERENCE (C)).
E.  EXAMPLE 5:  A MARINE CORPS BAND MAY NOT PERFORM A PATRIOTIC OPENER OR ANY OTHER MILITARY/PATRIOTIC MUSIC AT A MILITARY ASSOCIATION FUNDRAISING EVENT IN SUPPORT OF WOUNDED WARRIORS.
6.  CURRENTLY, DOD PUBLIC AFFAIRS IS DISCUSSING POSSIBLE LEGISLATION TO PERMIT MILITARY BAND SUPPORT TO PLAY BACKGROUND AND OTHER SOCIAL MUSIC AT CUSTOMARY MILITARY EVENTS (BIRTHDAY BALLS, MESS NIGHTS, PRIVATE DINNERS, ETC).  UNTIL ANY SUBSEQUENT LEGISLATION IS PASSED, HOWEVER, THIS GUIDANCE IS CONSISTENT WITH THE CURRENT STATE OF THE LAW RELATING REFERENCE (A).
7.  RELEASE AUTHORIZED BY LTGEN R. S. KRAMLICH, DIRECTOR, MARINE CORPS STAFF.//