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thedrifter
09-08-04, 07:53 AM
DoD directive guides Marines' political activity
Submitted by: MCAS Miramar
Story by: Computed Name: Cpl. T.D. Smith
Story Identification #: 200492194425




MARINE CORPS AIR STATION MIRAMAR, Calif. (Sept. 2, 2004) -- Two rules, stated in a recently updated directive, govern the political activities of all Department of Defense military personnel, both active and reserve, and civilian employees. Department of Defense Directive 1344.10, which was revised Aug. 2, governs the military and states what servicemembers are and are not allowed to do politically. It also details what regulations specifically address the military and other guidelines that pertain to civilian DoD personnel. The Hatch Act serves as the directive for federal, state and local government employees and those who work for federally funded agencies.

The DoD Directive 1344.10 states servicemembers are prohibited from engaging in certain political activities. Those actions include use of official authority or influence during elections, and making campaign contributions to an employee of the federal government.

According to the Legal Information Institute, the definition of an employee of the federal government is an officer or individual appointed by the president, members of congress, a servicemember or occupied in the performance of a federal function under authority of law or an executive act. This does not include elected officials, such as the president or a senator. Thus, both government employees and military members are allowed to contribute to political campaigns of incumbents and current candidates.

Both civilian DoD employees and servicemembers are prohibited from soliciting funds, even in off-duty hours, and attending rallies in uniform.

The directives are not meant to discourage political involvement or activism.

"The bottom line is that the DoD regulations are designed to encourage servicemembers' free political expression, uncolored by command influence, while avoiding the appearance that an individual's political views reflect those of a larger service," said Lt. Col. Jon Reynolds, deputy staff judge advocate, Marine Wing Headquarters Squadron 3, "all of which are designed to prevent the servicemember from becoming conflicted between the exercise of their rights under- versus the supporting and defending of- the Constitution."

The DoD directive and the Hatch Act state that military members and civilian employees are not allowed to run for partisan offices. That means any office that could have a party affiliation, but does not include those that are not a representative of any party, such as a school board or parent teacher association position.

"For those (military and civilian) thinking about running, they should go to their SJA (for military) and ethics council offices (for civilians) to answer questions about seeking a political office," said John Stimson, office of counsel, Commander Marine Corps Air Bases Western Area.

The DoD directive is not the only safeguard in place preventing military members from speaking their minds about elected officials. The Uniform Code of Military Justice also has Article 88 "contempt toward officials," which pertains directly to commissioned officers. It states, "Any commissioned officer who uses contemptuous words against the president, the vice president, congress, the secretary of a military department, the secretary of transportation, or the governor or legislature of any state, territory, commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct."

Information concerning specifics of what government employees can and cannot do politically may be overwhelming to some.

"The process of active participation has become so convoluted and conditional that it makes astrophysics look like finger painting," said Pfc. Tyler Voss, education office assistant, Headquarters & Headquarters Squadron.

For those, who are unclear or confused about the regulations, there is help.

"If someone has any questions, they can call the office of counsel. It is a free call," said Stimson. The number for the office of counsel is 577-1885.
http://www.usmc.mil/marinelink/mcn2000.nsf/0/EE8EEC51BA45828985256F0300826918?opendocument


Ellie