[Title 32 CFR 507]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter A - AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS]
[Part 507 - MANUFACTURE AND SALE OF DECORATIONS, MEDALS, BADGES, INSIGNIA, COMMERCIAL USE OF HERALDIC DESIGNS AND HERALDIC QUALITY CONTROL PROGRAM]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE32002-07-012002-07-01falseMANUFACTURE AND SALE OF DECORATIONS, MEDALS, BADGES, INSIGNIA, COMMERCIAL USE OF HERALDIC DESIGNS AND HERALDIC QUALITY CONTROL PROGRAM507PART 507NATIONAL DEFENSEDEPARTMENT OF THE ARMYAID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS
PART 507--MANUFACTURE AND SALE OF DECORATIONS, MEDALS, BADGES, INSIGNIA, COMMERCIAL USE OF HERALDIC DESIGNS AND HERALDIC QUALITY CONTROL PROGRAM--Table of Contents
Subpart A--Introduction
Sec.
507.1 Purpose.
507.2 References.
507.3 Explanation of abbreviations and terms.
507.4 Responsibilities.
507.5 Statutory authority.
Subpart B--Manufacture and Sale of Decorations, Medals, Badges, and
Insignia
507.6 Authority to manufacture.
507.7 Authority to sell.
507.8 Articles authorized for manufacture and sale.
507.9 Articles not authorized for manufacture or sale.
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Subpart C--Commercial Use of Heraldic Designs
507.10 Incorporation of designs or likenesses of approved designs in
commercial articles.
507.11 Reproduction of designs.
507.12 Possession and wearing.
Subpart D--Heraldic Quality Control Program
507.13 General.
507.14 Controlled heraldic items.
507.15 Certification of heraldic items.
507.16 Violations and penalties.
507.17 Procurement and wear of heraldic items.
507.18 Processing complaints of alleged breach of policies.
Authority: 10 U.S.C. 3012, 18 U.S.C. 701, 18 U.S.C. 702
Source: 63 FR 27208, May 18, 1998, unless otherwise noted.
Subpart A--Introduction
Sec. 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 Program to improve the
appearance of the Army and Air Force by controlling the quality of
heraldic items purchased from commercial sources.
Sec. 507.2 References.
Related publications are listed in paragraphs (a) through (f) 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 Army and Air Force
Libraries or may be purchased from the National Technical Information
Services, U.S. Department of Commerce, 5285 Port Royal Road,
Springfield, VA 22161.
(a) AFI 36-2903, 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 840-1, Department of the Army Seal, and Department of the
Army Emblem and Branch of Service Plaques.
(e) AR 840-10, Heraldic Activities, Flags, Guidons, Streamers,
Tabards and Automobile Plates.
(f) AFR 900-3, Department of the Air Force Seal, Organizational
Emblems, Use and Display of Flags, Guidons, Streamers, and Automobile
and Aircraft Plates.
Sec. 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) DSCP--Defense Supply Center Philadelphia.
(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 and size 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.
Sec. 507.4 Responsibilities.
(a) Deputy Chief of Staff for Personnel (DCSPER), Army. The DCSPER
has
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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 Quality 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 Commander, Air Force Personnel Center, Randolph AFB, TX
78150-4739. The Commander has staff responsibility for heraldic
activities in the Air Force.
(d) The Chief, Air Force Personnel Center Commander's Programs
Branch (HQ AFPC/DPSFC), 550 C Street West, Suite 37, Randolph AFB, TX
78150-4739. The Chief, Commander's Programs Branch is responsible for
granting permission for the incorporation of certain Air Force badges
and rank insignia designs in commercial items.
(e) Commander, Air Force Historical Research Agency (AFHRA/RSO),
Maxwell AFB, AL 36112-6424. The Commander, AFHRA/RSO, 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 specification and that have been
produced by certified manufacturers are worn by personnel under their
command.
Sec. 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 Title 18, United States Code, Section 701 (18 U.S.C. 701).
(c) This part incorporates the statutory provisions.
Subpart B--Manufacture and Sale of Decorations, Medals, Badges, and
Insignia.
Sec. 507.6 Authority to manufacture.
(a) A certificate of authority to manufacture heraldic articles may
be granted by the Institute of Heraldry.
(1) Certificates of authority will be issued only to companies who
have manufacturing capability and agree to manufacture heraldic items
according to applicable specifications or purchase descriptions.
(2) The certificate of authority is valid only for the individual 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 D of this part.
(c) Manufacturers will submit a preproduction sample to TIOH of each
item they manufacture for certification under the Heraldic Quality
Control Program. A letter of certification authorizing manufacture of
each specific item will be issued provided the sample meets quality
assurance standards.
(d) A copy of the certified manufactures list will be furnished to
the Army and Air Force Exchange Service and, upon request, to Army and
Air Force commanders.
Sec. 507.7 Authority to sell.
No certificate of authority to manufacture is required to sell
articles listed in Sec. 507.8 of this part; however, sellers are
responsible for insuring that any article they sell is manufactured in
accordance with Government specifications using government furnished
tools, bears a hallmark assigned by TIOH, and that the manufacturer has
received a certification to manufacture that specific item prior to
sale.
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Sec. 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, purchase descriptions or drawings.
(1) All authorized insignia (AR 670-1 and AFI 36-2903).
(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, occupational and qualification badges and
bars.
(4) Identification badges.
(5) Fourrageres and lanyards.
(6) Lapel buttons.
(7) 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.
(11) Army emblem and branch of service plaques.
(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.
Sec. 507.9 Articles not authorized for manufacture or sale.
The following articles are not authorized for manufacture and sale,
except under contract with DSCP:
(a) The Medal of Honor.
(b) Service ribbon for the Medal of Honor.
(c) Rosette for the Medal of Honor.
(d) Service flags (prescribed in AR 840-10 or AFR 900-3).
(e) Army seal.
(f) Commercial articles for public sale that incorporate designs or
likenesses of decorations, service medals, and service ribbons.
(g) Commercial articles for public sale that incorporate designs or
likenesses of designs of insignia listed in Sec. 507.8 of this part,
except when authorized by the Service concerned.
Subpart C--Commercial Use of Heraldic Designs
Sec. 507.10 Incorporation of designs or likenesses of approved designs in commercial articles.
The policy of the Department of the Army 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 Department of the Army 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 Director, The
Institute of Heraldry, 9325 Gunston Road, Room S-112, Fort Belvoir, VA
22060-5579, is responsible for granting permission for the incorporation
of certain Army insignia designs and the Army emblem in commercial
articles manufactured for sale. Permission for such use will be in
writing. Commanders of units authorized a SSI or DUI may authorize the
reproduction of their SSI or DUI on commercial articles such as shirts,
tie tacks, cups, or plaques. Permission for use of a SSI or DUI will be
submitted in writing to the commander concerned. Authorization for
incorporation of designs or likenesses of designs 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 Personnel Center, Chief, Commander's Programs Branch (HQ AFPC/
DPSFC), 550 C Street West, Suite 37, Randolph AFB, TX 78150-4739, is
responsible for granting permission for the incorporation of certain Air
Force designs for commercial articles manufactured for
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sale. The Commander, Air Force Historical Research Agency, AFHRA/RSO,
Maxwell AFB, AL 36112-6678, is responsible for granting permission for
the incorporation of the coat of arms, crest, seal and organizational
emblems. Such permission will be in writing. Authorization for
incorporation of designs or likenesses of designs 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.
Sec. 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 Department of the Army 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 Department of the Army 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.
Sec. 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
Department of the Army 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 the provision
of this section is subject to punishment as prescribed in the statutes
referred to in Sec. 507.5 of this part.
(b) Mere possession by a person of any of the articles prescribed in
Sec. 507.8 of this part 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 Sec. 507.8 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.
Subpart D--Heraldic Quality Control Program
Sec. 507.13 General.
The heraldic quality control program provides a method of ensuring
that insignia items are manufactured with tools and specifications
provided by TIOH.
Sec. 507.14 Controlled heraldic items.
The articles listed in Sec. 507.8 of this part are controlled
heraldic items and will be manufactured in accordance with Government
specifications using
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Government furnished tools or cartoons. Tools and cartoons are not
provided to manufacturers for the items in paragraphs (a) through (e) of
this section. However, manufacture will be in accordance with the
Government furnished drawings.
(a) Shoulder loop insignia, ROTC, U.S. Army.
(b) Institutional SSI, ROTC, U.S. Army.
(c) Background trimming/flashes, U.S. Army.
(d) U.S. Air Force organizational emblems for other than major
commands.
(e) Hand embroidered bullion insignia.
Sec. 507.15 Certification of heraldic items.
A letter of certification to manufacture each heraldic item, except
those listed in Sec. 507.14 (a) through (e) of this part, will be
provided to the manufacturer upon submission of a preproduction sample.
Manufacture and sale of these items is not authorized until the
manufacturer receives a certification letter from TIOH.
Sec. 507.16 Violations and penalties.
A certificate of authority to manufacture will be revoked by TIOH
upon intentional violation by the holder thereof of any of the
provisions of this part, or as a result of not complying with the
agreement signed by the manufacturer in order to receive a certificate.
Such violations are also subject to penalties prescribed in the Acts of
Congress (Sec. 507.5 of this part). A repetition or continuation of
violations after official notice thereof will be deemed prima facie
evidence of intentional violation.
Sec. 507.17 Procurement and wear of heraldic items.
(a) The provisions of this part do not apply to contracts awarded by
the Defense Personnel Support Center for manufacture and sale to the
U.S. Government.
(b) All Army and Air Force service personnel who wear quality
controlled heraldic items that were purchased from commercial sources
will be responsible for ensuring that the items were produced by a
certified manufacturer. Items manufactured by certified manufacturers
will be identified by a hallmark and/or a certificate label certifying
the item was produced in accordance with specifications.
(c) Commanders will ensure that only those heraldic items that are
of the quality and design covered in the specifications and that have
been produced by certified manufacturers are worn by personnel under
their command. Controlled heraldic items will be procured only from
manufacturers certified by TIOH. Commanders procuring controlled
heraldic items, when authorized by local procurement procedures, may
forward a sample insignia to TIOH for quality assurance inspection if
the commander feels the quality does not meet standards.
Sec. 507.18 Processing complaints of alleged breach of policies.
The Institute of Heraldry may revoke or suspend the certificate of
authority to manufacture if there are breaches of quality control
policies by the manufacturer. As used in this paragraph, the term
quality control policies include the obligation of a manufacturer under
his or her ``Agreement to Manufacture,'' the quality control provisions
of this part, and other applicable instructions provided by TIOH.
(a) Initial processing. (1) Complaints and reports of an alleged
breach of quality control policies will be forwarded to the Director,
The Institute of Heraldry, 9325 Gunston Road, Room S-112, Fort Belvoir,
VA 22060-5579 (hereinafter referred to as Director).
(2) The Director may direct that an informal investigation of the
complaint or report be conducted.
(3) If such investigation is initiated, it will be the duty of the
investigator to ascertain the facts in an impartial manner. Upon
conclusion of the investigation, the investigator will submit a report
to the appointing authority containing a summarized record of the
investigation together with such findings and recommendations as may be
appropriate and warranted by the facts.
(4) The report of investigation will be forwarded to the Director
for review. If it is determined that a possible breach of quality
control policies has occurred, the Director will follow the
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procedures outlined in paragraphs (b) through (g) of this section.
(b) Voluntary performance. The Director will transmit a registered
letter to the manufacturer advising of the detailed allegations of
breach and requesting assurances of voluntary compliance with quality
control policies. No further action is taken if the manufacturer
voluntarily complies with the quality control policies; however, any
further reoccurrence of the same breach will be considered refusal to
perform.
(c) Refusal to perform. (1) If the manufacturer fails to reply
within a reasonable time to the letter authorized by paragraph (b) of
this section, or refuses to give adequate assurances that future
performance will conform to quality control policies, or indicates by
subsequent conduct that the breach is continuous or repetitive, or
disputes the allegations of breach, the Director will direct that a
public hearing be conducted on the allegations.
(2) A hearing examiner will be appointed by appropriate orders. The
examiner may be either a commissioned officer or a civilian employee
above the grade of GS-7.
(3) The specific written allegations, together with other pertinent
material, will be transmitted to the hearing examiner for introduction
as evidence at the hearing.
(4) Manufacturers may be suspended for failure to return a loaned
tool without referral to a hearing specified in paragraph (c)(1) of this
section; however, the manufacturer will be advised, in writing, that
tools are overdue and suspension will take effect if not returned within
the specified time.
(d) Notification to the manufacturer by examiner. Within a 7 day
period following receipt by the examiner of the allegations and other
pertinent material, the examiner will transmit a registered letter of
notification to the manufacturer informing him or her of the following:
(1) Specific allegations.
(2) Directive of the Director requiring the holding of a public
hearing on the allegations.
(3) Examiner's decision to hold the public hearing at a specific
time, date, and place that will be not earlier than 30 days from the
date of the letter of notification.
(4) Ultimate authority of the Director to suspend or revoke the
certificate of authority should the record developed at the hearing so
warrant.
(5) Right to--
(i) A full and fair public hearing.
(ii) Be represented by counsel at the hearing.
(iii) Request a change in the date, time, or place of the hearing
for purposes of having reasonable time in which to prepare the case.
(iv) Submit evidence and present witnesses in his or her own behalf.
(v) Obtain, upon written request filed before the commencement of
the hearing, at no cost, a verbatim transcript of the proceedings.
(e) Public hearing by examiner. (1) At the time, date, and place
designated in accordance with paragraph (d) (3) of this section, the
examiner will conduct the public hearing.
(i) A verbatim record of the proceeding will be maintained.
(ii) All previous material received by the examiner will be
introduced into evidence and made part of the record.
(iii) The Government may be represented by counsel at the hearing.
(2) Subsequent to the conclusion of the hearing, the examiner will
make specific findings on the record before him or her concerning each
allegation.
(3) The complete record of the case will be forwarded to the
Director.
(f) Action by the Director. (1) The Director will review the record
of the hearing and either approve or disapprove the findings.
(2) Upon arrival of a finding of breach of quality control policies,
the manufacturer will be so advised.
(3) After review of the findings, the certificate of authority may
be revoked or suspended. If the certificate of authority is revoked or
suspended, the Director will--
(i) Notify the manufacturer of the revocation or suspension.
(ii) Remove the manufacturer from the list of certified
manufacturers.
(iii) Inform the Army and Air Force Exchange Service of the action.
(g) Reinstatement of certificate of authority. The Director may,
upon receipt
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of adequate assurance that the manufacturer will comply with quality
control policies, reinstate a certificate of authority that has been
suspended or revoked.