a. No termination charge will be made in excess of this amount. Contracts for delivery at future intervals may be terminated as to the undelivered portion.

b. The purchaser shall be chargeable only for that proportion of the total cost which the goods or services delivered bear to the total goods called for by the contract. (This is in addition to the right to rescind certain credit transactions involving a security interest in real estate provided by Pub. L. 90-321, "Truth-in-Lending Act," section 125 (15 U.S.C. 1601 (1976)) and the Federal Reserve Board Regulation Z (12 CFR Part 226 and §§ 226.3, 226.9 (1978)).

APPENDIX C-GLOSSARY

Section I-Abbreviations

ARNGUS: Army National Guard of the United States

ARPERCEN: U.S. Army Reserve Personnel Center

AUTOVON: automatic voice network

DA: Department of the Army

DOD: Department of Defense

HQDA: Headquarters, Department of the
Army

MHD: medical holding detachment
SJA: staff judge advocate

SSN: social security number

UCMJ: Uniform Code of Military Justice USACFSC: U.S. Army Community and Family Support Center

USAEREC: U.S. Army Enlisted Records and Evaluation Center

USAFAC: U.S. Army Finance and Accounting Center

USAR: U.S. Army Reserve

U.S.C. U.S. Code

Section II-Terms

Check: A written order, usually on a standard printed form, directing a bank or credit union to pay money.

Creditor: Any person or business that offers or extends credit, or to whom or to which a debt is owed. This term includes lending institutions (such as centralized charge systems) which, although not parties to the original transactions, seek help in collecting debts.

Debt: Any legal debt acknowledged by the soldier, or in which there is no reasonable dispute as to the facts or law, or which has been reduced to judgment. Debt collector: Any person or business that solely collects debts owed to another person or business. (A debt collector is not a creditor.)

Disputed debt: Any debt, not reduced to a judgment, in which there is a genuine dis

(a) Scope. The regulations of this part set forth basic policies and procedures applicable to legal proceedings in domestic and foreign civil courts or administrative tribunals of interest to the Army.

(b) Litigation responsibility of The Judge Advocate General. Subject to the control of litigation vested in the Attorney General and the Department of Justice, The Judge Advocate General:

(1) Is responsible for the initiation, administration, supervision, and coordination of measures for the protection of the Government in litigation and other legal proceedings which arise out of the operations of the De

partment of the Army or which otherwise involve its interests.

(2) Acts for the Secretary of the Army on matters connected with litigation and legal proceedings.

(3) Or his designee, certifies the payment of compromise settlements in accordance with applicable law.

(c) Representation of the Department of the Army. (1) The Judge Advocate General is responsible for all liaison between the Department of the Army and the Department of Justice. Within the Department of the Army, only The Judge Advocate General, and those military and civilian personnel who are designated by him, are authorized to represent the Department of the Army and its instrumentalities before Federal, State, and foreign courts, administrative tribunals and regulatory bodies, and to maintain liaison with the Department of Justice and other governmental departments and agencies regarding litigation and legal proceedings.

(2) The Chief, Litigation Division, Office of The Judge Advocate General, and the attorneys assigned to that division or designated by the Chief, Litigation Division, are authorized to represent the Department of the Army in all civil litigation, except as otherwise specifically designated.

(3) The Chief, Regulatory Law Division, Office of The Judge Advocate General, the attorneys assigned to that division, and other military and civilian attorneys designated from time to time on a case-by-case basis by the Chief, Regulatory Law Division, are solely designated to represent the Department of the Army in all regulatory matters before the courts, administrative agencies and regulatory bodies, including, but not limited to, communications, transportation and other utility services.

(4) The Chief, U.S. Army Claims Service, and the attorneys assigned thereto are authorized, subject to the provisions of Chapter 4, AR 27-20, to maintain direct liaison with the Department of Justice in regard to the preliminary aspects of administrative settlement of claims in excess of $25,000 under the Federal Tort Claims Act.

(5) The Chief, Patents Division, Office of The Judge Advocate General, and the attorneys assigned to that division, are designated to represent the Department of the Army in matters pertaining to patents, copyrights, or trademarks.

(6) The Chief, Civilian Personnel Law Office of The Judge Advocate General, and the attorneys assigned to that office are designated to represent the Department of the Army before the administrative authority having jurisdiction relative to personnel action effected against civilian employees of the Army pursuant to statute, Department of the Army regulations, and Civil Service Commission regulations, excepting, however, personnel actions against nonappropriated fund employees of the Army and Air Force Exchange Service and Motion Picture Service. They are also designated to represent the Department of the Army before administrative bodies in matters pertaining to labor relations arising under Executive Order 11491, dated October 29, 1969 (34 FR 17605; 3 CFR 1966-70 Comp., p. 861), as amended by Executive Order 11616, dated August 26, 1971 (36 FR 17319; 3 CFR 1971 Comp., p. 202), excepting, however, cases involving employees of the Army and Air Force Exchange Service and Motion Picture Service. Upon the request of such services or of other military agencies, the Chief, Civilian Personnel Law Office of The Judge Advocate General, and the attorneys assigned to that office are authorized to coordinate with such services and other military agencies in such labor relations matters, including participation in any administrative proceedings arising under such executive orders.

(7) The duly designated legal representatives of the Chief of Engineers are designated to maintain direct liaison with the Department of Justice in litigation matters arising from the civil functions of the Corps of Engineers and in connection with condemnation proceedings instituted for the acquisition of real property and interests therein as provided for §§ 552.30-552.39 of this chapter.

in

(8) The Army Chief Trial Attorney and the attorneys assigned to the Con

tract Appeals Division, Office of The Judge Advocate General, are responsible for protecting the interests of the Government before the Armed Services Board of Contract Appeals (ASBCA). The Chief Trial Attorney shall present to the ASBCA all Department of the Army cases, except that Corps of Engineers attorneys shall act as trial attorneys in connection with Corps of Engineers contract cases. When it is determined by the Commanding General, U.S. Army Materiel Command, that an appeal before the ASBCA has particular significance to his procuring activity and that it involves difficult operational and technical facts, he may, on the filing of the contracting officer's comprehensive report and after consultation with The Judge Advocate General, Department of the Army, detail to the Chief Trial Attorney an attorney from his procuring activity who shall be an attorney of record.

(9) Except in the exercise of the authority provided in this section, neither military nor civilian personnel of the Army will confer or correspond with any representative of the Department of Justice concerning legal proceedings within the purview of this part without the prior approval of The Judge Advocate General. This paragraph, however, in no way affects the requirement for judge advocates and legal advisers to maintain liaison with the U.S. Attorneys. Neither does this paragraph affect the requirement that certain offenses be reported to the Federal Bureau of Investigation, nor the requirement for cooperation with that agency during the course of its investigation.

(d) Appearance as counsel. (1) Except as authorized in paragraph (c) of this section, military personnel on active duty and civilian personnel of the Department of the Army are prohibited from appearing as counsel before any civil court, administrative tribunal, regulatory body, or governmental agency unless:

(i) The appearance is specifically authorized by The Judge Advocate General subsequent to the individual's request; or

(ii) The individual is a party to the action or proceeding; or

(iii) The officer concerned is designated to conduct the prosecution of offenders under the provisions of AR 27-44.

(2) Requests by military or civilian personnel to appear as counsel will be delivered to the Staff Judge Advocate or Legal Adviser. The Staff Judge Advocate or Legal Adviser will forward this request to The Judge Advocate General, Attention: Chief, Litigation Division (HQDA (DAJA-LT)) Wash., DC 20310, together with his recommendation and evaluation of the case, including but not limited to: nature and current status of court-martial proceedings, listing of all counsel participating in the defense, nature and status of any previous civil court actions in this or related cases. At the same time that he delivers a request of this nature to the Staff Judge Advocate concerned, if the requested appearance is upon the behalf of a military accused, the individual attorney may forward directly to Chief, Defense Appellate Division (HQDA (JAAJ-DD)), Nassif Building, Falls Church, Va. 22041, a full analysis of the case including venue, nature of relief to be requested, facts and legal authorities relied upon, and his rea

sons

for requesting authority to appear in civil courts. The detailed contents of this communication with the Chief, Defense Appellate Division, will be considered privileged. Staff Judge Advocates will neither request nor require disclosure of its contents. Chief, Defense Appellate Division, after consideration of information received will furnish TJAG with evaluation of the request from the viewpoint of senior defense counsel.

(e) Service of process-(1) Criminal process. (i) The delivery of persons charged with criminal offenses, at the request of or pursuant to process issued by the civil authorities, will be accomplished within the United States in accordance with § 503.2 of this chapter, and in foreign countries in accordance with paragraph 4, AR 600-40.

(ii) Commanders and other Army officials will be governed by the policies set forth in paragraph (e)(2) of this section, in the treatment of process issued for the attendance of witnesses

or the production of evidence in criminal cases. See also § 516.4.

(2) Civil process. (i) The service of process is not a function of the Department of the Army or of its military personnel or civilian employees in their official capacity, except when required by treaty or international agreement. It is the policy of the Department of the Army, however, to assist civil officials in the service of process as provided in paragraphs (e)(2) (iii) and (iv) of this section.

(ii) Commanders and other Army ofofficials will not prevent or evade the service of process in legal actions brought against the United States or themselves concerning their official duties. If acceptance of service of procless would interfere with the perform&ance of his military duties, a commander or other official may designate a representative to accept service in his stead.

(iii) Service of civil process within the United States, its territories and possessions is as follows:

(a) Process of Federal courts. Service of process is accomplished in accordance with the rules of the Federal court concerned (38 U.S.C. appendix). Installation commanders may impose reasonable restrictions upon persons who enter their installations to serve the process.

(b) Process of State courts in areas of exclusive Federal jurisdiction not subject to the right to serve process. Commanders or other Army officials in charge will bring the matter to the attention of the individual requested to be served and will determine whether he wishes to accept service voluntarily in accordance with the laws of the State issuing the process. Judge advocates or other competent officials will inform the individual of the legal effect of voluntary acceptance of service. If the individual does not desire to accept service, the party requesting such service will be notified and will be informed that the nature of the jurisdiction precludes service by State authorities on the military installation.

(c) Process of State courts in areas of exclusive Federal jurisdiction in which the right to service process is reserved by, or granted to, the State or States,

in areas of concurrent jurisdiction, and in areas in which the United States has only a proprietorial interest. If Army officials are asked to serve process, they may proceed as in paragraph (e)(2)(iii)(b) of this section. If the individual declines to accept service, the requesting party will be so notified and will be informed that he may proceed through authorities authorized to serve process by the applicable State law. Civil officials authorized by applicable State law will be permitted, upon proper application, to enter areas subject to the right to serve process for the purpose of making service. Commanders or other Army officials in charge will assist the civil officials by making military personnel or civilian employees available for service of process, subject to reasonable limitations. In addition, civil officials may enter areas subject to the right to serve process for the purpose of levy on and the subsequent sale of personal property of personnel residing thereon, subject to reasonable limitations. This authority does not extend, however, to the levy on or the sale of personal property essential to or proper for the use of military personnel or civilian employees in the performance of their official duties.

(d) Process of foreign courts. In the absence of treaty or agreements to the contrary, individuals or agencies requesting the assistance of military authorities in serving process of foreign courts will be advised to proceed as prescribed in section 1696 of title 28, United States Code.

(iv) Service of civil process outside the United States, its territories and possessions is as follows:

(a) Process of foreign courts. In foreign countries the service of process issued by foreign courts, including subpenas duce tecum, will be made in accordance with the law of the place of service except as otherwise provided by applicable treaties or agreements between the host country and the United States. In foreign areas under exclusive U.S. jurisdiction, service of process issued by foreign courts will be made in accordance with the law specified by appropriate U.S. authority in such areas (e.g., organic acts, territorial codes, or executive orders).

(b) Process of Federal courts. Service of process is accomplished in accordance with sections 1781 and 1783, title 28, United States Code, and with the rules of the Federal court concerned. See especially rules 4, 5, and 45, Federal Rules of Civil Procedure, 28 U.S.C. appendix. Installation commanders may impose reasonable restrictions upon persons who enter their installation to serve process.

(c) Process of State courts. Army personnel requested to serve process will follow the procedures prescribed in paragraph (e)(2)(iii)(b) of this section. If the individual will not accept service voluntarily, the party requesting service will be so notified and advised that he should follow the procedures prescribed or recognized by the law of the foreign country concerned for obtaining service of process within its territory.

(d) Suits against agencies or instrumentalities of the United States. Any writ, summons, notice of legal proceedings or other foreign civil process served upon or otherwise delivered to an Army officer, employee, or activity will be referred immediately upon receipt to the appropriate judge advocate or legal adviser, who will return the document to the issuing authority with a suitable statement explaining the lack of authority of the person or activity to accept service on behalf of the United States, and suggesting that service or delivery be made upon the United States through established diplomatic channels.

[37 FR 23720, Nov. 8, 1972]

§ 516.2 Defense of legal proceedings.

(a) Defense by the Department of Justice and U.S. Attorneys-(1) Responsibilities. The Department of Justice is responsible for the defense of suits brought against the United States, its agencies and instrumentalities, and officials and employees whose official conduct is involved, in all courts within the United States or abroad (28 CFR Part O). Under the direction of the Attorney General, U.S. Attorneys normally afford counsel and representation of the defendants in such suits. In addition, U.S. Attorneys will defend civic actions or proceedings brought against military personnel or

civilian employees arising from their operation of motor vehicles in the scope of office or employment (28 CFR Part 15).

(2) Policies. It is the policy of the Department of Justice to afford counsel and representation to military personnel and civilian employees of the Department of the Army and its agencies and instrumentalities who are sued civilly or charged with violation of local or State criminal laws as a result of the performance of their official duties. This policy applies wherever property damage, personal injury or death has resulted or where a substantial Federal interest is involved. In addition, representation may be furnished private interests in suits in which the Government ultimately may be required to make reimbursement. Otherwise, except where unusual circumstances exist, representation will be declined. Representation may also be declined where the military personnel or civilian employee is adequately protected by his own liability insurance and potential liability of the United States appears not to be involved.

(b) Procedures for obtaining representation (1) Department of Justice and U.S. Attorneys. As to any action or proceeding in which Government representation may be afforded under the circumstances specified in paragraph (a) of this section, the judge advocate or a legal adviser will:

(i) If the action or proceeding is a civil suit brought against a military person or a civilian employee on account of his operation of a motor vehicle in the scope of his office or employment, obtain representation by taking the actions specified in paragraph 2-3e(2), AR 27-40.

(ii) In other cases, where time for response is limited, request the appropriate U.S. Attorney to afford temporary counsel and representation. The Judge Advocate General will be promptly advised of the request for representation and of the action being taken thereon for any confirmatory action necessary. (iii) Otherwise, promptly refer the matter to The Judge Advocate General with the necessary justification.

(2) Private counsel at Government expense. (i) Except as provided in para