The following provides clarification regarding the applicability of DoD 5500.07-R, the Joint Ethics Regulation (JER), to members of the National Guard and Reserve as "DoD Employees" as that term is defined in section 1-209(e). Specifically, it provides:
Any Reserve or National Guard member while performing official duties or functions under the authority of either title 10 or title 32, United States Code, or while engaged in any activity related to the performance of such duties or functions, including any time the member uses his Reserve or National Guard of the United States title or position, or any authority derived there from.
In general, the JER utilizes a "status" test for applying the JER to members of the National Guard or Reserve. Determining status for National Guard members is complicated by the fact that a Guardsman's position and authority of office derive either from service in the State National Guard or as a member of a reserve component.
There is no question that when members of the National Guard or Reserve are in a title 10 status, or when members of the National Guard are in a title 32 status, the JER applies. The JER also applies where a member of the National Guard or Reserve not in a title 10 or title 32 status, takes an affirmative action to use his or her DoD (title 10 or 32) title, position, or authority. In those instances, a member not in a title 10 or title 32 status would be considered to be "engaged in any activity related to the performance of such duties or functions".
Below are some illustrative examples of this policy.
DISCLAIMER: The purpose of this advisory is to disseminate relevant information and sources of general guidance, policy and law on Government Ethics issues to the Department of Defense ethics community. Advisories are not intended to be and should not be cited as authoritative guidance, DoD policy, or law.