Military Logistic Support of Civilian Personnel Overseas Under Status of Forces Agrebments

• Author: Richard S. Schubert
• Pages: 04

1. INTRODUCTION

   1. LOGISTIC SUPPORT OF CIVILIANSThe United States military establishment includes numerous civilian personnel in its manpower. This ~erve8 the purpose of freeing the highest possible number of uniformed service personnel for tactical assignments and provides continuity of experience in Armed Forces activities. In order to uphold the operational effectiveness of thia portion of Armed Forces personnel, the three services provide logistic support to their civilian employees as well as to limited categories of non-governmental, nonmilitary individuals who provide essential services or substantial assistance to the accomplishment of the United States mission. Dependents of military personnel are likewise beneficiaries of this contribution of material resources in merchandise, services and other benefits. The scope and type of logistic support is prescribed in Armed Forces regulations, both as to categories of eligible recipients as well as to the specific items of merchandise and services furnished.'

      * The opinions and concl~oims presented herein ma those of the author and do not necessarily represent the views of The Judge Advocate general'^ School or any other governmentd agency.

      ** Senior Civilian Attorney, Directorate of lnternsrional Law, Office of the Staff Judge Advocate, HeadquuteTs, United States A x Forces in Europe; L.L.B., University of Ssn Francisco Law School (1945) ; J.D., University of Vienna, Austria (1828). Member of the Mssssehusetts Bar, the Bar of the United Stater Supreme Court and the Bar of the Court of Military Appeals.

      1Cf. Air Force Reg. No. 147-14lArmy Regn, No. 60.20 (Feb. 27, 1959) (Exchange Seruie-Operating Polieier) : Air Farce Rag. No. 145-15 (Jan. 4, 1860) (Individuals and Organizations Authorized Commissary Store Pnvileges) and Army Regs. No. 60-21 (May 14, 1958) (Exchange Sewice-Personnel Praeedurer) : Air Farce Reg. No. 30-6 (Jul. 22, 1960) (Assign. ment and Oecupsney of Public Quartora and Rental Housmg) and Army Regs. No. 210-12 (Jan. 12, 1954) (Establishment of Rental RBtes far Quarters Furnished Federal Employees): Air Force Reg. No. 34-50 (May 9, 1955) (Elementary and Secondary Education of Dependents in Overseas Areas) and Army Regs. No. 350-290 (Dec. 21, 1955) (Education of Depndents in Oversea Arena); Air Force Reg. No. 18ZZOIAmy Regs. No. 5610 (Mar. IO, 1955) (Agencier and Personnel Entitled to Use the Army-Air Force Postal Service): and Air Force Reg. No. 160-73 (May 15, 1957) (Peraons Authorized Medical Care) and Army Regs. NO. 40-108 (Mar. 6, 1959) (Persons Eligible To Receive Medical Care at Army Medical Treatment Faeilitiea).

      ACO 67118 99

   5. LOGISTIC SUPPORT AREAS

      The grant of logistic support, and the eligibility therefor, as-sumes a much greater and more vital meaning to personnel and their dependents stationed outside of the continental limits of the United States and its territories and possessions. Frequently a member of the American forces abroad cannot provide himself with the necessities or conveniences of life on the local economy because they are not available there at all, or are available only in inferior qualities or at prohibitively high prices. In earlier times, prior to the present prosperity of most European countries (and today still in less fortunate overseas areas in Europe, Africa and Asia), competition by American personnel with the local population for scarce, often rationed, goods and services and the fear of generating inflationary prices were factors causing American military authorities ta keep their members out of the locai market. Currently gold flow considerations, the limited miiitary capacity to provide transportation of necessary goods from the United States, and the difficulty in supplying sufficient and capable manpower for the performance of the services involved in furnishing logistic Support, all contribute to the problems involved in performing the logistic function.

   3. EFFECT OF STATUS OF FORCES AGREEMESTSIn overseas areas, particularly those within the European theaters of command which are discussed in this study, all these elements are refiected in the controlling rules of the Status of Forces agreements concluded by the United States with the foreign countries in which American personnel are stationed. Since these forces are stationed in such countries by grant of the host governments, the intergovernmental agreements authorizing the stay of American military forces and their civilian components and dependents in the foreign territory must, by necessity, be determmati\w ai the scope and type of logistic support granted and the categories of personnel entitled thereto. These agreements invariably authorize the military forces of the United States to furnish all permissible items of logistic support to any of its uniformed Service personnel, but they establish mare complicated rules of eiigibility for civilian personnel and dependents. In its regulation concerning issuance of L Uniformed Services Identification and Privilege Card,% the Air Force provides a eare- * Dept. of Defense Form Xa. 1173, governed in the Air Force by Air Force Reg. No. 80.20 (Oct. 20. 1957) and m the Arms by Army Regs. No. 6065 (May 12, 1961).100 *GO WB1B

      MILITARY LOGISTIC SUPPORT fully prepared chart to facilitate the identification af persons entitled to the benefits and privileges of logistic support. In addition, because of the increased complexity involved in oversea areas, the three services issued a regulation (or instruction) on Logistic Sup-port of United States Nongovernmental, Nonmilitary Agencies and Individuals in Oversea Military Commands,8 which was suitably implemented by the oversea commands by command regulations and supplements or circulars: The Joint United States Eura-Dean Command (Hq,

      US EUCOM) likewise published an appraPriate directive on the subject matter.$ These and other pertinent Air Farce regulations and malor oversea (air) command Supplements take careful account of the effect of the provisions of the applicable intergovernmental agreements and related fac-tom8 This study will deal with the most complex features of the subject problem,

   4. RELATIOSSHIP OF U. S. DIRECTIVES TO STATUS OF FORCES AGREEMENTS

      The Army and Air Force regulations and overseas Supplements relative to logistic 6upport ordinarily empower the appropriate overseas military commander to exceed or to limit the scope of

      logistic support both with respect to the specific items of support granted as well as to the categories of authorized personnel, subject to the limitations of the applicable Status of Forces agree-ments: Where, of course, the internal American military reg"-lation fails to include the type of individuals to whom the person requesting support belongs, or to authorize the item of Support sought, logistic support will not be granted even though the provisions of the governing Status of Force agreement are broad enough to encompass them. On the other hand, where the person requesting the support is entitled thereto under United States laws and regulations, but does not come within the categories of personnel permitted to receive military support under the ap-plicable Status of Farces Agreement, or where the item of sup-part sought 1s not authorized therein, the right of the oversea commander to grant the losistic support involved to the requesting individuals can be effected only with the condent of the host government authorities. Such consent map be in terms of a waiver, sometimes may be tacitly given, or may require negotiation of an amendment to the overall Status of Forces agreement ' Accordingly, there will be individuals who, when o~erse~s, are

      excluded from receipt of military logistic support in its entirety or in part, which would be available to them ~n the United States.- ? AR 700-32,OPNAVIIST 4000-4G'AFR 400-1;. ~upra note 3. para. I, atstea: ''General Palicy Commanders of oversea areas am authorized to furnish logmtlc suppart on a reimbursable baris to eligible individuals and agencies cavered by these regviatms I" accordance with the pnmpiei ipeci-fled herein. The doemian 81 to whether an agency or individual IS eligible to receive lagistie support under the policies and p~lnrlple~of these regulations rests with the commander of the over~ea command. . . .). Paragraph 6a (4) of this regulation states: "Logistic I Y P P O ~ ma? be furnished onlywhen si1 of the following conditions are met. . (4) The furnishing af such support is consistent wvlth the terms of any agreements which the United States has entered into with the governments of the nation concerned.'' Hq.USAFE, U.S. Dept. of Air Force, Supp Io 1 to the above regulation (Sept. 16, 3969) adds to the foregoing the following. "Commander8 will insure that the furnishing of lagistic iupporl conforms to an) intergovern-mental, diplomatic, or military service level agreements. Inciudlng Lmple. mmtinE exchanges of nobs and other correspondence between tho author>-flea of the United States and those ai the haat country concerned Same of these documents are classified and not available at all e p m s Any daubtfvi easea will be referred to thrs headquarters for advice

      US EUCOM Directive No. 60-8. B U P ~ note 6, para 3, states in this respect: "it should be remmned that conditms vary among the host nation% a8 regards the auadsbillry of goods and services from the local eivilm economy and as regards the degree of restriction ~n >r.ternationsl agree. ments of the authority of the US. forces to extend support. . . ."

      S Hq. USAFE, U.S. Dept. of Air Force, Supp. No. 1 to Air Farce Reg. No.3&20 (Sept. 12, 1958). contains the foilawing significant parsgmph. "The verifying officer must be fsmilisr with and apply all directives which eon-tnin authority for an applicant ta receive certain bmeflta and prwilegea inaccordance with the pertinent provisions of the intergovernmentri agree- 102 *GO diS.B

      MILITARY LOGISTIC SUPPORT

      11. CIVILIAN PERSONNEL ENTITLED TO U. S...