1
A REFERENCE GUIDE FOR
THE STANDARDS OF ETHICAL CONDUCT
THE OFFICE OF THE GENERAL COUNSEL PRESENTS
THE DEPARTMENT OF THE AIR FORCE
ETHICS GUIDE
2
FREQUENTLY ASKED
QUESTIONS
The purpose of this frequently asked questions (FAQ) handout is to
provide general information and examples of situations in which issues
of government ethics often arise. Because it is intended to be general
and informative in nature, this guide is not a substitute for legal advice.
Asking an ofcial ethics counsel at your local base legal ofce for advice
is always advised due to the complexity of ethics laws and regulations,
and the potential for exclusions and exceptions from the same. An ofcial
ethics counselor will apply the relevant ethics laws and regulations to
a specic set of facts and circumstances in advising you on potential
courses of action. While your set of circumstances may appear similar
to any one of the situations below, slight changes in facts can make
signicant differences in ethics advice and risk assessments; thus,
it is advisable to consult with your ethics counselor.
TABLE OF
CONTENTS
Gifts from Outside Sources .................................. 3
Gifts between Employees.................................... 5
Use of Government Resources ............................... 9
Use of Government Vehicles ............................... 10
Use of Military Aircraft (MILAIR) ............................ 12
Use of Ofcial Representation Funds (ORF)................... 13
Organizational Coins ...................................... 14
Resource References...................................... 15
This Ethics Guide is a living document and will be updated as needed, to include
incorporating additional Q&A scenarios. If you have questions regarding content or would
like us to include other scenarios, please reach out to saf.gca.ethics.work[email protected].
This guide was produced by the Department of the Air Force Ethics Ofce. Please address
any issue-specic questions to your local base legal ofce. Be mindful that this is a half
page document and is meant to be printed 2-up on an 8.5 x 11 sheet of paper and then
folded to create a booklet. Access the guide on GCA Public Website:
www.safgc.hq.af.mil/Portals/80/GCA/Ethics/DAF-EthicsGuide2022.pdf
3
As a general proposition, federal employees (both uniformed service
members and civilian employees) may not directly or indirectly solicit or
accept a gift from a “prohibited source” or solicit or accept a gift based
on that employee’s ofcial position.
2
This prohibition applies to gifts given
with the employee’s knowledge and consent to the employee’s parent,
sibling, spouse, child, dependent relative, or a member of the employee’s
household, when the gift is given because of that person’s relationship
with the employee.
3
My spouse is an executive for ABC, Inc. For the last ve years,
ABC, Inc. hosts an all-expense paid retreat for Executives at
an off-site location. Spouses are invited and their travel is also
funded by ABC, Inc. My spouse was hired this year by ABC,
Inc., as an Executive Vice President. May I attend this retreat
and accept the gift of free travel?
Yes. An employee may accept meals, lodgings, transportation, and
other benets resulting from the business or employment activities
of an employee’s spouse when it is clear that such benets
have not been offered or enhanced because of the employee’s
ofcial position.
4
In this case, the all-expense paid retreat for
executives and their spouses existed prior to the employee’s
spouse’s current employment with ABC, Inc. and was,
therefore, offered due to the spouse’s position with
the company, and not the employee’s ofcial position.
FROM OUTSIDE SOURCES
1
GIFTS
4
Recently, I attended an event at the Canadian Embassy to
celebrate Canada’s Armed Forces Day. This event was by
invitation only and I attended, along with my spouse, in an
ofcial capacity as a representative for the Department of the
Air Force. Upon departure, all guests received a thank you gift.
The gift included items from the Canadian store “Roots,” such
as socks, lotions, candles, and a leather belt. It also included
a few boxes of chocolates. Both my spouse and I accepted the
gifts. Is this permissible?
Gifts from foreign governments have a different analysis than regular
gifts. Generally, military and civilian members of the Air and Space
Force, and their dependents, may not accept or solicit a gift from
a foreign government that exceeds the current maximum value of
$415.00.
5
This amount is determined by the GSA and reviewed
every three years. You must determine the fair market/retail value of
the gift. You may use the price of the same or a substantially similar
item offered for sale in a legitimate United States retail market such
as department and specialty stores, U.S. military exchange, U.S.
mail-order catalog, or reputable internet seller (but not a seller of
second-hand items). Best practice is to determine the fair market/
retail value of three similar items. As you and your spouse both
accepted a gift, you must aggregate the total value to determine
whether the gift exceeds $415.00.
If the aggregate value is below $415.00, then you may accept
the gifts and it is your personal property. Please keep in mind the
circumstances and appearance of accepting a gift, even if it can
be accepted outright. You are required to keep a brief record of the
circumstances surrounding the presentation of the gift (date, place,
identity of the foreign government, presenter of gift, description,
value, and how the value was determined).
If the aggregate value is above $415.00, you must refuse the offer
of a gift whenever it is practical to do so (e.g., advanced knowledge
of a gift) but you may not refuse until so advised by the Department
of State, via SAF/AA, to ensure refusal or return of the gift will not
adversely affect U.S. foreign relations. When refusal is not
practical, the gift becomes the property of the U.S. upon acceptance.
Within 60 days of acceptance, the gift must be deposited with the
Department of the Air Force (SAF/AA) for: (1) return to the donor;
(2) approval for ofcial use (including display) within the DAF; or (3)
for disposition by the General Services Administration. You may not
retain a gift that exceeds the minimal value.
5
BETWEEN EMPLOYEES
6
GIFTS
Giving Gifts
As a general rule, an employee (whether a uniformed service member or
a civilian employee) may not directly or indirectly give a gift to or make a
donation toward a gift for an ofcial superior or solicit a contribution from
another employee for a gift to either his/her own or the other employee’s
ofcial superior.
7
Receiving Gifts from Subordinates
As a general rule, an employee may not, directly or indirectly, accept a
gift from an employee who earns less pay than themselves unless (1)
the two employees are not in a subordinate-ofcial superior relationship;
and (2) there is a personal relationship between the two employees that
would justify the gift.
8
Giving or Receiving Gifts Indirectly
Indirectly has the same meaning as previously provided. Indirectly also
includes gifts given by the employee’s spouse, parent, sibling, child, or
dependent relative; or gifts given by a person other than the
employee under circumstances where the employee has
promised or agreed to reimburse that person or to give
that person something of value in exchange
for giving the gift.
9
6
I recently started work in a supervisory position and my spouse
decided to host a Sunday Brunch for the spouses of the
employees I supervise. At the brunch, my spouse received two
bottles of wine, valued at $20.00 per bottle, and a $50.00 Visa
gift card to welcome us to our new home. The gifts were from
the spouses of military members and civilian employees who
are junior to me, including my personal staff. Are these
considered gifts? If so, can my spouse accept the gifts?
Yes, these items are gifts. The spouse may accept the bottles of
champagne but may not accept the $50.00 Visa gift card. Gifts of
personal hospitality provided at a residence which is of a type and
value customarily provided by the employee to friends is one
exception to the general rule.
10
The bottles of champagne are a
common hospitality gift when attending a social at another’s home.
The employee would likely give the same gift or something similar
when attending a social event. Therefore, the champagne may be
accepted. Gift cards would not fall within this same exception. One
exception to the general prohibition of gifts between employees
allows acceptance of items, other than cash, with an aggregate
market value of $10 or less.
11
First, the Visa gift card exceeds the
$10 limit. Second, even if it did not exceed $10, the exception states
“other than cash.” The Ofce of Government Ethics has decided that
general use, pre-paid gift cards are equivalent to cash. A Visa gift
card is considered a general use, pre-paid gift card.
I was recently promoted to O-5. Throughout my career, my
spouse and I established several personal relationships with
other military families. I now outrank most, if not all, of our
friends. Over the holidays, my spouse received a gift from the
spouse of an ofcer junior to me. My spouse and I have been
friends with this family for the last 15 years. My spouse and the
other spouse often exchange gifts on the holidays, as well as
other events such as birthdays. The gift was a scarf and gloves
set. Can my wife accept the gift?
Yes. An employee may accept a gift given by an individual under
circumstances that make it clear that the gift is motivated by a family
relationship or personal friendship rather than the position of the
employee.
12
Relevant factors in making such a determination include
the history and nature of the relationship and whether the family
member or friend personally paid for the gift.
7
I am an executive assistant to Brig Gen Jane Smith. She and
her spouse just welcomed a baby girl. The staff would like to
purchase a gift for the General and her spouse to congratulate
them on the birth of their daughter. We would like to purchase a
B.O.B. single jogging stroller. The value is $295. I was going to
ask the staff to donate $20.00 each to fund the purchase.
Can the General and her spouse accept this gift?
Yes; however, you cannot ask for $20.00 donations. (1) Soliciting
$20.00 donations – Per the Department of Defense Joint Ethics
Regulation (JER), you may only solicit a nominal value of $10.00
from employees.
13
All donations must be voluntary. However, should
an employee make a truly voluntary donation of more than $10.00,
you may accept that amount towards the gift. (2) The jogging stroller
– One exception to the general rule prohibiting gifts between
employees is gifts given on special, infrequent occasions. A gift
appropriate to the occasion may be given to an ofcial superior or
accepted from a subordinate or other employee receiving less pay in
recognition of infrequently occurring occasions of personal
signicance such as the birth of a child. The JER limits this
exception. It prohibits superiors from accepting a gift or gifts from
a donating group if the market value exceeds an aggregate of
$300.00, and if the superior knows or has reason to know that any
member of the donating group is his/her subordinate.
13
Since the
stroller is $295, it may be presented to the General and she may
accept it.
I supervise approximately 25 individuals; my spouse would like
to purchase holiday gifts for them. What, if any, restrictions apply?
Provided the holiday gift is given to those junior to you, there are no
restrictions. We do, however, recommend, the gift is reasonable and
appropriate to the occasion to avoid an appearance of impropriety.
Also, the same gift should be given to all the staff to avoid the
appearance of favoritism.
My supervisor’s husband was just admitted to the hospital for
an emergency procedure. My coworkers and I really want to
help her family out during this difcult time. Can I create a sign-
up sheet for us to use in volunteering to make and bring his
family meals? Can I send my teenager over to babysit their chil-
dren? We wouldn’t expect or want them to pay for our help - we
know they’d do the same for us if our positions were reversed.
No. Unfortunately, these efforts would be considered gifts to a
superior. Gifts to superiors may only be accepted during traditional
gift giving occasions and with a value of $10 or less. As to the offer
of free babysitting, the same analysis would apply.
8
I can see my supervisor is very stressed at work today, having
to jump from meeting to meeting without any breaks. Can I buy
him lunch? Can I at least offer to go pick his lunch up for him?
No, purchasing lunch for a superior is considered to be a gift.
Gifts to superiors may only be accepting during traditional gift giving
occasions and with a value of $10 or less. Getting your superior’s
lunch, even at their expense, is considered to be a misuse of
subordinates.
My ofce has three inbound transfers arriving this month.
Assuming I am their superior, can I buy them welcome baskets
using government funds? Assuming one of these employees is
my new boss, can I buy her a welcome basket?
No. There are no authorities available to use appropriated funds
for welcome baskets for inbound government employees. Food
is considered to be a personal expense with few exceptions,
none of which apply to this circumstance. You may not buy a
welcome basket for your new boss. Gifts to superiors may only
be accepted during traditional gift-giving occasions and with a
value of $10 or less.
9
As a general rule, employees have a duty to (1) protect and conserve
Government property, and (2) refrain from using or allowing its use for
purposes other than those for which it is made available to the public or
those authorized in accordance with law or regulation.
14
I am hosting a dinner at our on-base residence to welcome new
spouses to the base and introduce them to other local spouses
and their families. I do not own enough chairs to seat everyone.
Can I borrow some government-owned chairs and tables from
my spouse’s ofce?
No. This event would be considered a social event. Government
resources may only be used to support ofcial DAF events. One
option may be to contact your local MWR facility and ask if it has
chairs available to “check out” and loan you under these
circumstances.
GOVERNMENT VEHICLES
As a general rule, DoD government vehicles may only be used for ofcial
purposes; this includes vehicles leased or rented with government funds.
15
While non-government employees (such as spouses and dependents)
may not operate government vehicles, under certain circumstances, they
may travel in them as passengers.
More rules apply to the use of government vehicles in the Washington, D.C. area.
16
I live outside the Washington, D.C. area
and have been invited to speak at an awards
dinner on Saturday evening. The speaking
engagement was previously reviewed by
your ofce. I was intending to use the
government vehicle to attend the event.
Is this legally permissible?
Yes. Approved speaking engagements are
considered ofcial events. Government
vehicles may be used to support ofcial
government events. However, unless you
have been approved domicile to duty travel,
you would not be allowed to travel to this event
from your home and back.
GOVERNMENT RESOURCES
THE USE OF
10
I live in the Washington, D.C. area and have been invited to
speak at an awards dinner on Saturday evening. The speaking
engagement was previously reviewed by your ofce. I was
intending to use the government vehicle to attend the event.
Is this legally permissible?
You may use the government vehicle only after you determine other
modes of transportation are not readily available and would not meet
mission requirements.
AI 109 governs the use of motor transportation and shuttles in the
Pentagon area. It provides the order of transportation for both during
normal and before/after working hours. The event you are speaking
at occurs after normal working hours. Therefore, you must determine
that options 1 through 4 are not capable of meeting mission
requirements before utilizing a government vehicle:
DoD scheduled shuttle service
Scheduled public transportation (rail or bus)
Voluntary use of privately owned vehicles on a reimbursable basis
Taxicab (Lyft or Uber, too) on a reimbursable basis
DoD vehicle
I am attending a luncheon on Wednesday afternoon with local
community leaders. The luncheon is to recognize military
spouses’ contributions to the community. I will be giving
a few remarks at the opening of the event. I intend to use a
government vehicle for transportation. May my spouse ride
in the vehicle with me?
Yes, your spouse may ride with you on a space-available basis.
You may not “request” or “switch” vehicles to a larger vehicle to
ensure there is space.
My spouse is attending an event at the home of an acquaintance.
The event is a social gathering for the holidays. I will be away
on business and not attending. Can my spouse use a
government vehicle to attend the event?
No, your spouse may not use a government vehicle. The use of
government vehicles is limited to ofcial purposes only. A social
event is not an ofcial purpose. Even if the event was ofcial, your
spouse still may not use the government vehicle. Individuals may
only be transported in a government vehicle when accompanied
by a sponsor under authorized use to accomplish ofcial business
and when there is space available. There are limited circumstances
that allow an individual to travel in a government vehicle without the
sponsor to an ofcial function. However, all require the presence of
the sponsor at the event.
11
My spouse and I are attending an event on Friday afternoon
to recognize Space Force honor graduates from a master’s
program at a local university. I will be handing out certicates
of achievement during the event. Unfortunately, I have another
meeting that requires me to leave the event early. My spouse
would like to stay. I have been authorized to receive domicile-
to-duty transportation. Can the government vehicle return to
the event to take my spouse home?
No. Dependents may travel independently to or from an ofcial
function when the function is in the best interest of the U.S.
Government and circumstances have made it impracticable or
impossible for the ofcial to accompany the dependent en route.
That is not the case here. The ofcial portion of the event will be
over when you depart. Therefore, if your spouse does not wish to
utilize public transportation, Uber, or Lyft, your spouse should depart
with you for transportation in the government vehicle.
I am traveling to the Air Force Association Symposium in
Orlando. I have been invited to speak in my ofcial capacity.
I am currently planning on renting a vehicle at the Orlando
International Airport using the Defense Travel System.
Can my spouse come with me to Orlando? Can my spouse
drive the rental vehicle to go to a theme park while I am at
the symposium?
Your spouse may not accompany you on the temporary duty unless
your spouse is traveling under an Invitational Travel Authorization
(ITA). Your spouse may travel with you in a personal capacity and
purchase an airline ticket with personal funds. You might not be
authorized a rental vehicle if the Symposium and your room are
in the same facility; the decision to rent a vehicle is predicated on
need, the distance involved, and other conditions justifying its use
to further the Department’s mission. If your spouse has an ITA, your
spouse is authorized ground transportation in direct support of the
invitation only. Regardless of ITA or personal travel, your spouse
may not drive the government rental vehicle, and your spouse may
not use the government rental vehicle to go to a theme park.
17
12
MILITARY AIRCRAFT (MILAIR)
This section primarily applies to senior leaders who are authorized to use
MilAir for ofcial transportation. Generally, the spouse of an authorized
traveler (DoD Sponsor) of MILAIR may not travel on government aircraft
unless the spouse reimburses the government for such travel.
18
However, the spouse of an authorized traveler may be able to travel on
MilAir at government expense when their spouse’s presence would
further the interest of the DoD, the military service, or the command.
19
I am traveling to Texas on ofcial orders and authorized
use of MILAIR. My spouse would like to accompany me to
visit family in the area. The aircraft has room for my spouse.
Can my spouse y MILAIR with me?
Yes, but your spouse will have to reimburse the government for the
cost of travel since your spouse is not traveling on ofcial business
under an Invitational Travel Authorization (ITA).When no ofcial
basis can be established for ofcial (non-reimbursable) travel, in
certain circumstances, spouses may travel at a personal expense in
the company of senior DoD personnel who are traveling on ofcial
business. Such unofcial travel is authorized on military aircraft only
on a non-interference basis, the aircraft must already be scheduled
for an ofcial purpose, ofcial travelers must not be displaced, and
the travel results in a negligible additional cost to the Government,
or the Government is reimbursed commercial coach class fare rate.
I am traveling on ofcial orders to the Department of Defense
Wounded Warrior Games and authorized use of MILAIR. I will
be providing opening remarks at several sporting events and
presenting medals. My spouse has been asked by the Wounded
Warrior Games committee to meet with Wounded Warrior fami-
lies over the course of three days and present medals at two of
the events. Can my spouse travel on MILAIR with me?
Yes, your spouse may travel on MILAIR on a non-reimbursable
basis. As the DoD Sponsor, you must determine in advance that,
in your judgment under the circumstances, your spouse’s presence
would further the interest of the DoD, military service, or command.
One of the exceptions for non-reimbursable travel on government
aircraft is when a spouse travels to attend a function in which the
DoD Sponsor is participating in their ofcial capacity and in which
the spouse is to address those assembled or otherwise play an
active role and visible part.
20
Further, AFI 24-602, Volume 1 allows
for spouse travel on MILAIR on a non-reimbursable basis when
attending a function (with or without the DoD Sponsor) where a
substantial portion of those present are military families, or where
the focus is on matters of particular concern to military families.
13
This section primarily applies to senior leaders who are authorized
to use Ofcial Representation Funds to entertain foreign dignitaries
and prominent U.S. citizens. As a general matter, ORF is a type of
Congressionally authorized emergency and extraordinary expense
fund.
21
Its purpose is to extend ofcial courtesies of the United States
to foreign and domestic dignitaries.
22
Within the Department of the Air Force Headquarters (HAF), SecAF,
CSO, and CSAF have access to ORF. Other senior leaders may be
granted limited access to ORF only with advance permission in
special cases (e.g., when hosting on behalf or in place of SecAF, CSO,
or CSAF). SAF/AA manages and approves the use of ORF in the HAF.
The use of ORF for ofcially hosted functions in connection with ofcial
events should be modest and comply with socially acceptable norms of
American society, while jointly serving the policy objectives of the U.S.
and the taxpayer. Other ORF expenditures, such as gifts, mementos,
and non-perishable items purchased for approved events, may be made
within specied monetary limits. To ensure the costs of ofcial courtesies
are modest and kept to a minimum, the guidelines for ratios of non-DoD
authorized guests to DoD attendees (including spouses) are strictly
controlled.
I have been invited to a luncheon paid for with ORF honoring
the visit of foreign dignitaries, may my spouse accompany me?
No. Normally, spouses of DoD attendees shall not be included as
members of the ofcial party for ORF-funded events. However, DoD
spouses (or non-spouse guests) may be included in the ofcial party
at such events when the spouses of authorized guests are invited
and expected to attend, and the authorized host determines that
attendance of DoD spouses is appropriate and desirable. Your invite
to the ORF-sponsored event will include an invite to your spouse or
a guest if such an invite is appropriate.
OFFICIAL REPRESENTATION FUNDS (ORF)
THE USE OF
14
The use of coins remains a common means of recognition of
achievement across the Department of the Air Force. There are
limits on the purchase and distribution of coins.
23
As a general rule, the purchase of coins and their use (who can receive
coins purchased with a particular type of funds) is governed by the type
of funds available for their purchase – keep the funding source in mind
when determining whether a coin is authorized. In limited circumstances,
Departmental activities may use appropriated (O&M) funds to purchase
organizational coins for distribution as awards (an award for mission
accomplishment must be established by an existing AFI 36-series
instruction, such as AFMAN 36-2806).
Each proposed presentation of a coin purchased with ofcial funds must
be assessed by examining three key factors: purpose, funding, and the
recipient. Be sure an appropriate Department of the Air Force instruction
or supplement can be cited before coins are purchased. DAF guidance
also prohibits the presentation of coins purchased with appropriated
funds to non-appropriated fund personnel or non-DoD personnel,
including DoD contractors. Care must be taken in designing,
procuring, and monitoring the use of coins purchased with ofcial funds.
DAF guidance places some specic limits on wording that can be
included on coins purchased with ofcial funds. Care must also be
taken to ensure that coins purchased with different sources of funds
are segregated for accountability purposes and not used/distributed
interchangeably. A record should be kept of the particulars of coin
presentations, especially ORF-funded coins. If a senior ofcial
purchases coins with his/her own personal funds, then he/she can
generally give them to whomever he/she chooses.
I purchased organizational coins with O&M funds, may I
present one to my spouse or the spouse of a subordinate?
Yes, in certain circumstances. If the coin is used as an award
under a recognized award program, for example, a Volunteer
Excellence Award under DAFI 36-3009, an organizational coin
purchased with O&M funds may be given to a spouse. If you
purchased coins with your own personal funds, you may give
one to whomever you choose.
ORGANIZATIONAL
COINS
15
RESOURCES
REFERENCES
1
5 CFR Part 2635 Subpart B
2
5 CFR § 2635.202(a)(1) – (2) (for soliciting such gifts) and (b)(1) – (2) (for
accepting such gifts)
3
5 CFR § 2635.203(f)(1)
4
5 CFR § 2635.204(e) – Gifts based on outside business or
employment relationships
5
See AFI 51-506, Gifts to the Department of the Air Force from Domestic and
Foreign Sources
6
5 CFR Part 2635 Subpart C
7
5 CFR § 2635.302(a)(1) – (2).
8
5 CFR § 2635.302(b)(1) – (2).
9
5 CFR § 2635.303(b)(1) – (2).
10
5 CFR § 2635.304(a)(3).
11
5 CFR §2635.304(a)(1).
12
CFR § 2635.204(b).
13
5 CFR § 2635.304(c) and JER 2-203.
14
5 C.F.R. 2635.704.
15
Department of Defense Manual (DoDM) 4500.36.
16
DoD Director of Admin and Management AI 109
17
AFI 24-301 and the DTMO U.S. Government Rental Car Program,
https://www.defensetravel.dod.mil/site/rentalCar.cfm
18
DoDD 4500.56.
19
See AFI 24-602, Volume I for additional
guidance that may allow for spouse travel on
MILAIR without reimbursing the government
20
See DoDD 4500.56.
21
10 U.S.C. § 127.
22
AFI 65-603.
23
See DAFMAN 65-601v1, Budget Guidance and
Technical Procedures