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Regulations

Existing regulations explicitly prohibit military personnel from performing commercial activities – such as marketing – stating that such activities must only be designated for civilian performance because: (1) civilian manpower is more cost-effective than military manpower; (2) neither military skill nor military training is required for its performance; (3) marketing is an inherently commercial activity; (4) civilian manpower frees military personnel to focus on the Army Mission; and (5) doing so ensures sustained continuity of leadership by leveraging the strength of the Army's most cost-efficient labor force, its civilians.

10 USC 129a

10 U.S.C. 129a of United States Code, 2012 Edition, Supplement 4, Title 10 - ARMED FORCES is the general policy for total force management. Paragraph (g) on pages 121-122 of this document states that functions performed by civilian personnel should not be performed by military personnel unless the Secretary of the Army determines that military personnel are the most cost-effective for the performance of such functions.

DODD 1100.4

Paragraph 3.2.3 of Department of Defense Directive 1100.4  references 10 USC 129a and states that manpower shall be designated as civilian except when military incumbency is required for reasons of law, command and control of crisis situations, combat readiness, or esprit de corps; when unusual working conditions are not conducive to civilian employment; or when military-unique knowledge and skills are required for successful performance of the duties.

DODI 1100.22

Department of Defense Instruction 1100.22 references 10 USC 129a and it states that commercial functions — such as marketing — shall only be designated for DoD civilian performance unless the function requires unique military knowledge, skills, military command and control, or there exists some unusual working conditions not conducive for civilian performance.

DODI 1430.16

Paragraph 4a of Department of Defense Instruction 1430.16 states that a diverse cadre of highly capable, high-performing, and results-oriented civilian leaders shall be developed and sustained to lead effectively in increasingly complex environments, ensure continuity of leadership, and maintain a learning organization that drives transformation and continuous improvement across the enterprise.

AR 570-4

Army Regulation 570-4, Manpower Management, references 10 USC 129a and DODD 1100.4 in Chapter 3, Section II, Paragraph 3-5 where it states the Army's conformity to use the least costly form of manpower that is consistent with military requirements and that that civilian personnel will be used in all positions where special military skills are not required for the successful performance of duties.

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In Chapter 6, Section III, Paragraph 6-17 it states that reclassifying civilian positions for military performance should be carefully reviewed to ensure that civilian positions are not arbitrarily eliminated and replaced with military. 

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In Chapter 10, Section II, Paragraph 10-15 it states that, when converting a civilian position for military performance, in every case where a civilian currently occupies the position, the conversion must not adversely affect the incumbent.

10 USC 129a
DODD 1100-4
DODI 1100-22
AR 570-4

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