Military Ethics and Conflicts of Interest

Gifts from Foreign Governments. DoD policy requires all military and civilian personnel, as well as their dependents, to report gifts from foreign governments if the gift, or combination of gifts at one presentation, exceeds a US retail value of $285. This requirement also includes gifts recipients desire to retain for official use or display. Failure to report gifts valued in excess of $285 could result in a penalty in any amount, not to exceed the retail value of the gift plus $5,000.

Contributions or Presents to Superiors. On an occasional basis, including any occasion on which gifts are traditionally given or exchanged, the following may be given to an official supervisor by a subordinate or other employees receiving less pay.

• Items, other than cash, with an aggregate market value of $10 or less.
• Items such as food and refreshments to be shared in the office among several employees.
• Personal hospitality provided at a residence and items given in connection with personal hospitality, which is of a type and value customarily provided by the employee to personal friends.

A gift appropriate to the occasion may be given to recognize special, infrequent occasions of personal significance, such as marriage, illness, or the birth or adoption of a child. It is also permissible upon occasions that terminate a subordinate-official supervisor relationship, such as retirement, separation, or reassignment. Regardless of the number of employees contributing, the market value of the gift cannot exceed $300. Even though contributions are voluntary, the maximum contribution one DoD employee may solicit from another cannot exceed $10.

Federal Government Resources. Federal Government resources, including personnel, equipment, and property, shall be used by DoD employees for official purposes only. Agencies may, however, permit employees to make limited personal use of resources other than personnel, such as a computer, calculators, libraries, etc., if the use:

• Does not adversely affect the performance of official duties by the employee or other employees.
• Is of reasonable duration and frequency and is made during the employee’s personal time, such as after duty hours or during lunch periods.
• Serves a legitimate public interest, such as supporting local charities or volunteer services to the community.
• Does not reflect adversely on the DoD.
• Creates no significant additional cost to the DoD or Government agency.

Communication Systems. Federal Government communication systems and equipment including telephones, fax machines, electronic mail, and Internet systems shall be used for official use and authorized purposes only. Official use includes emergency communications and, when approved by commanders in the interest of morale and welfare, may include communications by DoD employees deployed for extended periods away from home on official DoD business. Authorized purposes include brief communication made by DoD employees while traveling on Government business to notify family members of official transportation or schedule changes. Also authorized are personal communications from the DoD employee’s usual workplace that are most reasonably made while at the workplace, such as checking in with spouse or minor children; scheduling doctor, auto, or home repair appointments; brief Internet searches; and emailing directions to visiting relatives when the agency designee permits. Many restrictions do, however, apply. Consult DoD 5500.7-R for additional guidance and then consult the organizational point of contact.

Gambling, Betting, and Lotteries. While on federally owned or leased property or while on duty, a DoD employee shall not participate in any gambling activity except:

• Activities by organizations composed primarily of DoD employees or their dependents for the benefit of welfare funds for their own members or for the benefit of other DoD employees or their dependents, subject to local law and DoD 5500.7-R.
• Private wagers among DoD employees if based on a personal relationship and transacted entirely within assigned Government living quarters and subject to local laws.
• Lotteries authorized by any state from licensed vendors.

Dissident and Protest Activities

Military commanders have the inherent authority and responsibility to take action to ensure the mission is performed and to maintain good order and discipline. This authority and responsibility include placing lawful restriction on dissident and protest activities. Military commanders must preserve the service member’s right of expression to the maximum extent possible, consistent with good order, discipline, and national security. To properly balance these interests, commanders must exercise calm and prudent judgment and should consult with their SJAs.

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