Part 861

862

874

875

878

881

887

888

889

Officers' Reserve.

Aviation cadet training.

Decorations and awards.

Personnel Review Boards.

Appointment of officer personnel.

§§ 800.1 to 800.4 issued under sec. 8012, 70A Stat. 488; 10 U.S.C. 8012. SOURCE: §§ 800.1 to 800.4 appear at 24 F.R. 8596, Oct. 23, 1959.

§ 800.1 Description.

The Air Force Seal, established by Executive Order 9902, November 5, 1947, is the impression used on official documents and records of the Department of the Air Force.

(a) The Coat of Arms, in the center portion of the Seal, consists of two components:

(1) The Crest includes the eagle, cloud formation, and heraldic wreath. The American bald eagle symbolizes the United States and its airpower, while the wreath beneath the eagle, composed

of six alternate folds of metal and color, repeats the principal metal and color used in the Shield, white (representing silver) and light blue. The cloud formation behind the eagle depicts the creation of a new firmament-the Department of the Air Force.

(2) The Shield, immediately below the eagle, is divided horizontally into two parts by a nebuly line representing clouds. The top portion of the shield bears the heraldic thunderbolt, which portrays striking power through the medium of air.

(b) The 13 encircling stars represent the original 13 colonies.

(c) Roman numerals beneath the shield indicate 1947, the year the Department of the Air Force was established.

(d) The band encircling the whole design bears the inscriptions "Department of the Air Force" and "United States of America."

(e) The official Air Force colors, ultramarine blue and golden yellow, are

used in the Seal. Ultramarine blue is used for the circular background of the Seal, while the upper part of the Shield of the Coat of Arms is light blue, representing the sky. The lower part of the Seal is white, representing the heraldic metal silver. The thunderbolt is golden yellow with flames in natural color. Alternate twists of white and light blue make up the wreath of the crest, while the eagle and cloud are in their natural colors. The 13 stars are white, and the Roman numerals golden yellow. White, edged in golden yellow with black letters, is used on the encircling band.

(a) Official policy. (1) Use of the Seal or any part thereof is permitted only as approved by the Department of the Air Force. Falsely making, forging, counterfeiting, mutilating, or altering the Seal, or knowingly using or possessing with fraudulent intent any such altered Seal, is punishable by law (62 Stat. 714; 18 U.S.C. 506).

(2) Display of the Seal as a wall plaque is authorized by museums, military societies, and governmental institutions, when specifically approved by Hq USAF. When use of the entire Seal or any part thereof is desired, request for approval will be forwarded to Hq USAF (AFPMP12-C), Washington 25, D.C.

(a) Coat of Arms, with or without encircling stars (in black and white, color, monochrome reproduction, pictorial or sculptured relief) may be used for ornamentation, for nonofficial use, on articles of jewelry, such as watches, rings, tie clasps, cuff links, bracelets, cigarette lighters, and similar articles where use of the Coat of Arms is in good taste and appropriate to the occasion.

(b) Unauthorized uses. The Seal will not be used:

(1) On souvenir or novelty items of an expendable nature.

(2) On toys or commercial gifts and premiums.

(3) As a letterhead design on stationery.

(4) On menus, matchbook covers, sugar envelopes, calendars, and similar items.

(5) To adorn civilian clothing.

(b) Use of the Coat of Arms in instances set forth in paragraph (a) of this section must be specifically approved by Hq USAF (AFPMP-12-C), Washington 25, D.C. When Hq USAF approves use of the Coat of Arms for nonofficial purposes, it will do so only with the understanding that such usage in no way reflects Air Force endorsement of the product involved.

(6) On membership cards of military or quasi-military clubs, societies, etc.

(7) On athletic clothing and equipment.

(8) On any article which may discredit the Seal or reflect unfavorably upon the Department of the Air Force. § 800.3 Coat of arms.

The Coat of Arms appears in two distinctive styles. Authorized uses of the Coat of Arms are set forth in paragraph (a) of this section.

DEPARTMENT

STATES OF AMERICA'

PART 803-APPREHENSION AND ARREST OF PERSONS NOT SUBJECT TO MILITARY LAW

§ 803.1 Persons not subject to the Uniform Code of Military Justice.

(a) General. All members of the Air Force have the ordinary right of civilians to assist in the maintenance of the peace. Usually, therefore, when a felony or a misdemeanor amounting to a breach of the peace is being committed, members of the Air Force have the right, as do civilians generally, to apprehend the perpetrator no matter what his status.

(b) Ejection. Persons not subject to military law who are found within the

limits of military jurisdiction in the act of committing a breach of regulations. not amounting to a felony or a breach of the peace, may be removed therefrom upon orders from the commanding officer and ordered by him not to re-enter. For the penalty imposed upon re-entrance after ejection, see section 1382, Title 18, United States Code (62 Stat. 765; 18 U. S. C. 1382).

(Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012) [18 F.R. 2398, Apr. 24, 1953]

§ 804.1 Purpose and scope.

Sections 804.1 to 804.5 set forth the places at which and procedures whereby members of the public who are properly and directly concerned may apply for access to matters of official record under the control of the Air Force Establishment. Sections 804.1 to 804.5 also state policies governing the approval of such applications. The term "members of the public" includes agencies of State and local governments, private organizations, and individuals (including military and civilian personnel of the United States Government whose official duties do not entitle them to the matters of official record concerned). Sections 804.1 to 804.5 do not apply to the release of records of information to other branches, departments, and agencies of the United States Government.

It is the policy of the Air Force Establishment to make matters of official record available to persons properly and directly concerned, except those held confidential for good cause shown.

(a) The great mass of material that relates to the internal operation of the Air Force Establishment is not a matter of official record for the purposes of these sections, and accordingly will not be released. However, there are at various locations within the Establishment many types of official records that may be released. These include certain records filed pursuant to statute or regulation and certain records embodying official action taken by the Air Force Establishment. Such matters of official record may be made available to persons properly and directly concerned subject to the limitations set forth in §§ 804.1 to 804.5. It is impracticable to list all the types and locations of records that may be made available.

(b) Matters of official record will not be made available if release of the information is inconsistent with the public interest. Information will not be released:

(1) If it is official information classified in the interests of the defense of the United States or if it is restricted data as defined by the Atomic Energy Act of 1946 as amended.

(2) If release would unduly interfere with the efficient and effective performance of functions of the Air Force Establishment or some other department, or

agency of the Government, including but not limited to such functions as law enforcement, maintenance of discipline, conduct of investigations, and conduct of relations with foreign governments.

(3) If release would violate a legal or moral obligation to hold the information or its source in confidence.

(4) If the information contains unsubstantiated allegations derogatory to the character or conduct of an individual, the release of which might result in injury to an innocent person.

(c) Applications for the original copy of an official record will not be approved. § 804.3 Procedures for submitting applications.

(a) Except as prescribed in paragraphs (b) and (c) of this section, persons desiring matters of official record under the control of the Air Force Establishment may apply in writing to the Secretary of the Air Force, Washington 25, D. C. The application should:

(1) Identify as exactly as possible the records involved.

(2) Indicate whether access to, copies of, or information from the records is desired.

(3) State the nature of the applicant's concern in them in sufficient detail to demonstrate that the applicant is a person properly and directly concerned.

If the applicant is an agent, attorney, or physician acting for another, evidence of this authority to act for his principal, client, or patient should be submitted with the application.

(b) Persons desiring to have matters of official record made available for purposes of pending or prospective litigation may apply in writing to The Judge Advocate General, Headquarters USAF, Washington 25, D. C. In addition to the information described in paragraph (a) of this section, the request will include the names of the interested parties to the prospective litigation and, if the action has been filed, the exact title of the action, docket number, and full name and location of the court in which the action has been filed, together with a brief statement of the nature of the action or proceeding. If a subpoena or other similar process of the court is involved, it will be forwarded with the request.

(c) Persons desiring matters of official record concerning Air Force mili

tary personnel or former Air Force military personnel should include in their written request, in addition to the information described in paragraph (a) of this section, the first name, middle name or initial, surname, date of birth, and service number of the individual concerned.

(1) Applications concerning military personnel on active duty or retired military personnel may be addressed to the Air Adjutant General, Headquarters USAF, Attn: Military Personnel Records Division, Washington 25, D. C.

(2) Applications concerning military personnel who are members of the Air Force Reserve and who are not on active duty may be addressed to the Air Reserve Records Center, 3800 York Street, Denver 5, Colorado.

(3) Applications concerning former Air Force military personnel who are not currently members of the Air Force may be addressed to the Military Personnel Records Center, 4700 Goodfellow Boulevard, St. Louis 20, Missouri.

§ 804.4 Action on applications.

The Secretary of the Air Force or person designated by him (including those designated in other Air Force directives) will approve or disapprove each application in accordance with the policies prescribed in § 804.2, and he will notify the applicant of the decision. If the application is approved, he will advise the applicant, whenever appropriate, of the time and place that he may have access to the records.