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Advanced Education Programs Branch Article

This is a protected article.

Training With Industry

INTRODUCTION – Page 1

RESPONSIBILITIES – Page 2

STANDARDS OF CONDUCT INTRODUCTION – Page 3

INTERVIEWS AND PUBLICATIONS – Page 4

ON-SITE CONTINUITY BOOK – Page 5

ANNEXES:

A. REQUIRED REPORTS – Page 6

B. TEMPORARY DUTY (TDY) & PERMISSIVE TEMPORARY DUTY (PTDY) REQUESTS – Page 7

C. TWI POINTS OF CONTACT – Page 8

D. REFERENCES – Page 9

E. Army Partnership for Youth Success (PaYS) Program – Page 10

F. Food or Refreshments Provided by Non-Government Agency - Page 11

Training With Industry (TWI)
Student Handbook

INTRODUCTION

    Welcome to the Training With Industry (TWI) Program. The TWI Program was initiated in the 1970s in response to the Army’s critical need for officers with state-of-the-art skills in industrial practices and procedures not available through military or civil education programs. The first students participated exclusively in programs which supported the development of material acquisition and logistic management related skills. Today the TWI Program has evolved to include training programs which support marketing, public affairs, artificial intelligence, physical security and finance.

    The Army’s main objective in sponsoring the TWI Program is to develop a group of soldiers experienced in higher level managerial techniques and who have an understanding of the relationship of their industry as it relates to specific functions of the Army. Once the TWI student is integrated back into an Army organization, they can use this information to improve the Army’s ability to interact and conduct business with industry. Participants may also be exposed to innovative industrial management practices, techniques, procedures, etc., which have applicability to, and benefit for, the Army.

    There are a number of key organizations which play vital parts in executing the TWI Program; the U.S. Army Human Resources Command (HRC), your proponent, your industry, and the Student Detachment to which you will be assigned. Your success in the program, however, rests with your professional conduct while in the program and the reputation/relationship you develop with these organizations. To guide you down the path to success, HRC has developed this TWI Instruction Booklet. This booklet briefly addresses responsibilities, policies and procedures. It is not meant to be all inclusive, and your proponent and industry may provide you more detailed guidance on their requirements. No document can cover everything, so when in doubt, please ask!

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Training With Industry (TWI)
Student Handbook

RESPONSIBILITIES

A. U.S. Army Human Resources Command (HRC): Serves as the overall administrative coordinator for the Army. Establishes TWI personnel policies and procedures. Maintains the Army Education Requirements System (AERS) data base and distributes TWI Quotas. Nominates and selects soldiers to participate in TWI. Administers/controls training funds. Initiates requests for gratuitous agreements. Determines follow-on assignments. Serves as the reviewer for TWI participants on all Academic Evaluation Reports generated by the industry.

B. PROPONENT: Serves as the training coordinator for the Army. Serves as liaison between industry, the TWI student and HRC. Initiates the establishment, and controls the execution of the student’s training program through validation of field requirement, development of training objectives and training plans, reviews training reports and travel plans and validation of training.

C. HOST COMMERCIAL COMPANY: Develops training objectives, training plans and travel plans in coordination with the proponent. Fulfills obligations under the gratuitous agreement to include the completion of the Academic Evaluation Report.

D. STUDENT DETACHMENT: Responsible for the command and control, personnel administration and pay related matters of all assigned TWI students including issues concerning TRICARE.

E. TWI STUDENT:

     1. Acts in accordance with the Joint Ethics Regulation (JER) (DOD 5500.7-R).

     2. Meets or exceeds his/her established training objectives.

     3. Submits required reports.

     4. Monitors completion and submission of the Civilian Institution Academic Evaluation Report (DA Form 1059-1).

     5. Establishes an on-site continuity book.

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Training With Industry (TWI)
Student Handbook

STANDARDS OF CONDUCT

1. You will remain subject to the administrative control of the Army while stationed with the industry. You are not expected to merely act as a spectator, but to perform in assigned tasks in a manner acceptable to the industry and study its operations as you progress.

2. All industries participating in this program require a formal contract (Gratuitous Agreement) with the Army. This action should have been taken by the U.S. Army Human Resources Command (HRC) prior to your reporting for training. In the event you are requested to sign an additional contract, agreement, or liability release for any reason, forward the document to the HRC POC, so that an appropriate review can be made. DO NOT SIGN ANY DOCUMENTS OF THIS NATURE WITHOUT PRIOR WRITTEN APPROVAL FROM HRC.
TWI students should not work on any project dealing directly with an Army specific contract or a pending Army procurement action. If a compelling reason exists for an exception to this policy, the TWI student must obtain written approval from the industry and the Contracting Officer and Government Program Manager responsible for the program, contract, or proposal involved. The student is responsible for maintaining this document and produce it if/when asked for.

3. The industries affiliated with the Army in this program have been carefully selected and generally are among the leaders in their specific fields. Participation in the program on their part is purely voluntary and their continuing good will is important. As an Army representative you must work to foster good working relationships while at the same time keep in perspective your responsibilities to the industry and to the United States Government.

4. In meeting your responsibilities and obligations to the US Government, you must understand and comply with provisions of the Joint Ethics Regulation (JER)(DOD 5500.7-R)(For a copy go to Page 10 of this booklet). If you find you have questions as to what action is appropriate in a given situation, contact Mr. Joel Strout at Joel.Strout@mail.us.army.mil. DON’T PUT YOUR CAREER AT RISK BECAUSE YOU FAILED TO ASK!!!!!

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Training With Industry (TWI)
Student Handbook

INTERVIEWS AND PUBLICATIONS

1. The Army encourages writing in a wide variety of military and civilian publications. However, DoD and Army policies require a review and release approval process for such writing. These requirements are not intended to censor or inhibit freedom of expression. Instead, they are designed to prevent the accidental release of classified information and to ensure that Army policies are accurately portrayed even if an author disagrees with those policies in his writings. Review requirement applies to writings, speeches, as well as, presentations at conferences and other public meetings.

2. Material requiring prior clearance covers a wide range of subjects generally related to DoD, national security and foreign policy. While it may not be required in every case (a topic that has absolutely no relationship to the U.S. Government), it is prudent to consult with the local or supporting public affairs officer when there is doubt.

3. Writing prepared by Army members (both military and civilian) as part of a person’s official duties is not entitled to copyright protection. If a potential publisher asks for an assignment of the copyright, the author should inform the publisher that no copyright is available. Properly cleared material is in the public domain and may be copied or distributed by anyone.

4. Copyright protection is not available for any work of the United States Government. 17 U.S.C. 105. A work of the United States Government, as defined by United States copyright law, is "a work prepared by an officer or employee of the U.S. Government as part of that person's official duties." 17 U.S.C. 101.

EXAMPLES:

a. TWI Soldier prepares leadership handbook incident to execution of official duties. No copyright protection available to Soldier per 17 U.S.C. 105.

b. TWI Soldier writes script for informational video on improving corporate efficiencies incident to execution of official duties. No copyright protection available to Soldier per 17 U.S.C. 105.

5. Additionally, be advised that any requests for media interviews should be first coordinated through local public affairs channels.

6. The procedures described above are covered in AR 360-1, The Army Public Affairs Program.

7. If you cannot locate a local Public Affairs Office, please contact Mr. Joel Strout at Joel.Strout@mail.us.army.mil.

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Training With Industry (TWI)
Student Handbook

ON-SITE CONTINUITY BOOK

As a participant in the Training With Industry Program, you are expected to maintain a continuity book for the soldier who will replace you at your particular industry. While there are many items in the continuity book that will be specific for your industry only, there are common ingredients that should be included in all continuity books.

Items for inclusion:

(1) A copy of the training plan you worked under, including any suggested changes.

(2) A copy of all travel plans you submitted during the training period.

(3) All POCs within the industry.

(4) A copy of all the training reports you submitted during the training period, including the final training report. Your proponent will tell you of any items you may need to include that are specific for your training.

Items that may be included for the soldier's personal use include (but not limited to) the following:

(1) Location of any health care facilities that accept TRICARE.

(2) Location of nearest Exchange facilities (e.g. PX, Commissary, etc).

(3) Availability of suitable housing.

(4) Nearest dependent schools.

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Training With Industry (TWI)
Student Handbook

REQUIRED REPORTS

1. Training With Industry (TWI) Contact Information Sheet. (Submit within 10 days from report date). – Page 6A

2. Training With Industry (TWI) Training Plan. – Page 6B

3. Training With Industry (TWI) Interim-Training Report. – Page 6C

4. Training With Industry (TWI) Final-Training Report. – Page 6D

5. Civilian Institution Academic Evaluation Report (DA Form 1059-1) – Page 6E

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Training With Industry (TWI)

Contact Information Sheet

NAME/RANK

SSN:

HOME ADDRESS:

HOME PHONE:

WORK PHONE:

E-MAIL ADDRESS:

INDUSTRY POC:

POC PHONE:

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Training With Industry (TWI)

TRAINING PLAN

Your proponent has selected your TWI Industry based on the direct link between the industry's organization/activities and the special skills and experience needed for your follow on assignment. Each proponent has established training objectives for its TWI requirements. With this in mind, the proponent has determined that your assigned industry can best provide the required training/environment. Subsequently, your training program should be a detailed outline of how the desired training objectives will be accomplished by the industry and you. The TWI Training Plan will be submitted to your proponent within 30 days of reporting to your industry.

The specific format for your TWI Training Plan is as follows:

  1. Objectives. Should include objectives for the entire period.

  2. Plan. Should list and give dates chronologically of scheduled activities to be conducted in support of training objectives, include any trips necessary to accomplish training.

  3. Self Study Program. Program developed by the participant to supplement the normal training program. The purpose of the program is to enhance your military and professional knowledge/experience. Information given under this section of the program should be listed in terms of objectives. The level of study should be equal to that of graduate level college work. Students should take advantage of courses offered by the industry, however, the U.S. Army Human Resources Command (HRC) cannot fund these courses. Funding for these courses may be available through the Tuition Assistance Program. For information about tuition assistance contact HRC at (502) 613-8588. Additionally, study materials are available from the firm's library, local colleges, trade publications and trade or management organizations.

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Training With Industry (TWI)

INTERIM-TRAINING REPORT

You are required to submit an interim report which documents your progress in achieving the training objectives of your training program. Your report should be submitted in the following format:

  1. Work Assignment:
    1. List each training objectives and list the activities you conducted last period in support of each objective.
    2. Forecast of activities for next period.
  2. Self-Study Program:
    1. Activities during last period.
    2. Forecast for next period.
  3. New or improved techniques that may have application within the Army.
  4. Recommendations for improving the program:
    1. Problem/situation.
    2. Discussion.
    3. Recommendation(s).
  5. Your Interim-Training Plan should be completed and submitted to your respective proponent not later than half-way through your TWI tenure.

     

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Training With Industry (TWI)

FINAL - TRAINING REPORT

You are required to submit a final training report which summarizes your ability to meet the training objectives of your program. Your report should be submitted in the following format:

  1. Work assignment:

    List each training objective and list the activities you conducted since your interim report in support of each objective.

     

  2. Given the entire training period, indicate whether you felt you met the requirements of each training objective, by objective, and why or why not.

     

  3. Summary of research papers and/or other documentation you prepared for the industry. Attach copies as enclosures if releasable by the industry.

     

  4. TWI participant's conclusions:
    1. List program benefits to the Army.
    2. List program benefits for you.

     

  5. Recommended improvements.

  6. Your Final Training Plan should be completed and submitted to your respective proponent not later than 30 days prior to leaving your industry.

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Training With Industry (TWI)

CIVILIAN INSTITUTION ACADEMIC EVALUATION REPORT
(DA FORM 1059-1)

1.  A DA Form 1059-1, Civilian Institution Academic Evaluation Report covering your performance of duty, while detailed to the industry, will be submitted by a designated company official. The DA Form 1059-1 is a very important document as it evaluates your performance in an advanced training program. You should take personal interest in preparing the document, as it will be placed in your official records.   All areas on the DA Form 1059-1 must be typed, the only exception is the signature. For a blank DA Form 1059-1, Please contact Mr. Joel Strout at Joel.Strout@mail.us.army.mil.

2.   Preparing your DA Form 1059-1 (Civilian Institution Academic Evaluation Report)

Block 1
Name: Last name, first name, middle initial (ALL CAPS).

Block 2
SSN: Enter Soldier’s SSN 9 digit (XXX-XX-XXXX).

Block 3
Grade: Use 3-character code (AR 680-29). Examples: MSG, CW2, CPT.
REFERENCE: AR 680-29

Block 4
Branch: Use 2-character code (AR 680-29) reflecting basic branch for commissioned officers or management group for warrant officers as shown in item 11, DA Form 2B (Personnel Qualification Record. Part 1 – Warrant Officers). Leave blank for enlisted Soldiers.
REFERENCE: AR 680-29

Block 5
Specialty/MOSC: Enter the AOC codes for commissioned officers (example 12/54), see DA Pam 611-21. For warrant officers and enlisted personnel enter the individuals Primary MOS (See section II, Item 8, DA Form 2B or Section II: item 4, DA form 2A (Personnel Qualification Record. Part 1 – Enlisted).
REFERENCE: DA PAM 611-21

Block 6
Component: Enter component of the Soldier. Enter RA, OR USAR.

Block 7
Applicable Regulation: Identify the regulation that outlines the program under which the student participated. Use AR 621-1.

Block 8
Referred Report: If the report is a referred report IAW AR 623-3, chapter 3-35, then the rater will mark the first box in Part 8. The report will then be given to the rated Soldier for signature/validation and placement of an “X” in the appropriate box. (“NO” if the rated Soldier does not wish to make comments or “YES” if the rated Soldier is going to attach comments).
REFERENCE: AR 623-3, CHAPTER 3-35

Block 9
Duration of Course: Enter the FROM date (beginning date of the course) and the THRU date (last date of the course) (YYYYMMDD).

Block 10
Name and address of civilian institution: Enter the address of civilian institution.

Block 11
Evaluation: The dean, department chairman, faculty advisor, or a responsible official of the civilian institution will evaluate the student. This will include an accurate and complete description of the subject area of study. The dean, department chairman, faculty advisor, or a responsible official of the civilian institution will date, type name, title and telephone number and then sign the evaluation.

Block 12
Did student successfully complete the course: Check the appropriate box.

Block 13
Reviewer Comments: This section is completed by the U.S. Army Human Resources Command (HRC) prior to inclusion into the student’s official file.
 

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Training With Industry (TWI)

TDY Request (DD Form 1610)
and
PERMISSIVE TDY (PTDY) REQUEST (DA Form 31)

DUE TO A LIMITED TDY BUDGET ALL REQUESTS WILL BE REVIEWED ON A CASE-BY-CASE BASIS.  THE PURPOSE OF THE TDY MUST BE FOR TRAINING PROVIDED BY YOUR HOST COMMERCIAL COMPANY.  TDY REQUESTS FOR TRAINING NOT PROVIDED BY YOUR HOST COMMERCIAL COMPANY WILL BE DISAPPROVED, THIS INCLUDES MILITARY TRAINING AND ATTANDANCE AT A CONFERENCE/SEMINAR. ALSO, IF YOU CHOOSE TO TRAVEL BY POV AND THE COST IS GREATER THAN THE COST THE GOVERNMENT PAYS FOR FLYING YOU TO YOUR TDY DESTINATION AND RETURN YOU WILL BE REIMBURSED THE COST OF FLYING, AS DETERMINED BY THE JTR.

 OTHER OPTIONS ARE:

  - GO PERMISSIVE TDY (PTDY).  YOU MUST SUBMIT THE PTDY REQUEST TO HRC, ATTN: JOEL.STROUT@MAIL.US.ARMY.MIL  FOR APPROVAL.

  - HAVE YOUR PERSONNEL PROPONENT PAY FOR THE TRIP. SEE TWI POINTS OF CONTACT AT THE BACK OF THIS HANDBOOK FOR EMAIL ADDRESS AND PHONE NUMBER

 YOUR INDUSTRY CAN PAY FOR THE TRIP, HOWEVER, YOU CANNOT SOLICIT FUNDS FROM THEM, AND THEY MUST VOLUNTEER THE OFFER. IF YOUR HOST COMMERCIAL COMPANY OFFERS TO PAY FOR PART OR ALL OF THE TRIP, YOU MUST THEN CONTACT MR. JOEL STROUT AT JOEL.STROUT@MAIL.US.ARMY.MIL  FOR THE FORMAT.  THE REQUEST WILL BE SUBMITTED TO THE ETHICS COUNSELOR FOR LEGAL OPINION.  IF THERE IS NO LEGAL OBJECTIONS MR. STROUT WILL REQUEST THE DD FORM 1610 AND EMAIL YOU A COPY.

 I submitted the question about using a company credit card for TDY purposes to OTJAG for legal opinion.  Below is their response:

      This is in response to your request for a legal opinion regarding the possible use of company credit cards for travel by students participating in the Training with Industry (TWI) program.  As I verbally opined to you earlier, the use of a credit card as payment in kind under 31 USC 1353 is legally objectionable as a general matter.  1353 travel refers to acceptance of travel and travel related expenses from non-federal sources.    

      You asked if it would be within the "in kind" realm for a non-federal source to provide a company credit card to a federal traveler to pay for those things that are hard to pay for in advance, such as lodging, meals, and gas.  The card would not be the federal traveler's, although the traveler would present it to the hotel and restaurants during his travel to a conference, training, etc.  It would be the company's card and the company would pay the bill in the normal course of the card's billing cycle.

      41 CFR 304-2.1 provides that payment in kind means transportation, food, lodging, or other travel-related services provided by a non-Federal source instead of monetary payments to the Federal agency for these services. Payment in kind also includes waiver of any fees that a non-Federal source normally collects from meeting attendees (e.g., registration fees).  Use of a credit card does not fit easily within the definition of payment in kind.  I coordinated your request with OTJAG's Standards of Conduct Office and they were uncomfortable with such a practice for this reason and because it appears to provide the federal traveler with a blank check. 

      Based on the foregoing, as a general matter, it is legally objectionable to allow the use of a credit card as payment in kind under 31 USC 1353.  However, there may be rare emergency cases in which such use might be acceptable.  These cases, however, would need to be reviewed on a case by case basis, with sufficient justification, just as all other TWI travel requests are reviewed. 

 **Health Service Personnel receive TDY funding from their Program Managers in Dept of Health, Education and Training.  Please contact MS. SHERRI FARRIS AT SHERRI-FARRIS@US.ARMY.MIL information and processing of your TDY requests.

 **ACQUISITION PERSONNEL MUST SUBMIT THEIR TDY REQUEST TO mS. UHURA SMITH AT UHURA.N.SMITH@US.ARMY.MIL FOR APPROVAL.

 CONTACT MR. STROUT AT JOEL.STROUT@MAIL.ARMY.MIL FOR ALL TDY FORMATS.

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Training With Industry (TWI)

POINTS OF CONTACT

1. U.S. Army Human Resources Command
 Mr. Joel Strout; Joel.Strout@US.Army.Mil
TEL: 502-613-6411
Web Address: https://www.hrc.army.mil/site/protect/branches/officer/LeaderDev/CivSchool/TWI_Main_Page.htm

 2. U.S. Army Student Detachment, Fort Jackson, SC
http://www.jackson.army.mil/sites/school/pages/110/Welcome
 

3. U.S. Army Medical Department/AMEDD Center & School, Fort Sam Houston, TX
http://www.cs.amedd.army.mil/

BRANCH OFFICERS:
Ms. Sherri Farris; sherri-farris@us.army.mil
TEL: 502-613-6467

NON-COMMISSIONED OFFICERS:
SGM Eugene L. Larkins, Jr.; Eugene.Larkinsjr@amedd.army.mil
TEL: 210-221-7072

 4. Acquisition Corps (51) 
Ms. Uhura Smith; Uhura.n.smith.civ@mail.mil
TEL: 703-805-1241        

 5. Adjutant General Corps 
LTC James J. Galluzzo III; james.j.galluzzo.mil@mail.mil
TEL: 803-751-8445

 6. Aviation Center
Mr. John Kissel; John.Kissel@US.Army.Mil
TEL: 334-255-1419/1430

 7. Chemical School (74)
CPT Lamonte Russell; lamonte.russell@Conus.Army.Mil
TEL: 502-613-6053

8. Deputy Chief of Staff, G-8 (FA49)
COL Douglas M. Matty; douglas.m.matty.mil@mail.mil
703-697-5595

 9. Finance (36)
Ms. Eileen I. Carattini; Eileen.i.carattini@mail.mil
703-692-7413

10. Force Management School (50)
Ms. Patsy Campbell; patsy.campbell@us.army.mil
TEL: 703-545-1838

 11. Information Operations (30)
MAJ Ratasha Jackson; ratasha.jackson@conus.army.mil
TEL: 913-684-9432

 12. Logistics (90) 
Mr. Rufus Montgomery; rufus.montgomery@US.Army.Mil
TEL: 804-734-0312

 13. Military Police Corps (31) 
CPT Billy Moody; billy.moody@us.army.mil
TEL: 502-613-6021

 14. Nuclear & Counterproliferation (52)
Mr. Robert R. Beimler; Beimler@USANCA-SMTP.Army.Mil
TEL: 703-806-7866

15. Ordnance 
OFFICERS:
CW4 David R. Cassity; david.r.cassity@us.army.mil
CW4 James Blucher; james.blucher@us.army.mil
TEL: 410-278-5400/0681/5697

NON-COMMISSIONED OFFICERS:
SFC Steven Toslin; Steven.A.Toslin@US.Army.Mil
SFC Benjamin Amice; Benjamin.Amice@US.Army.Mil
TEL: 804-765-7373/7376

16. PSYOPS (37)/Civil Affairs (38)
BRANCH OFFICERS:
CPT Michael Arnone; arnonem@SOC.Mil
TEL: 910-432-9604

NON-COMMISSIONED OFFICERS:
MSG Carrie Vernon; Carrie.Vernon@SOC.Mil
TEL: 910-396-4349

17. Public Affairs (46) 
BRANCH OFFICERS:
Mr. William (Bill) DuPont; William.Dupont@US.Army.Mil
TEL: 301-677-7283

NON-COMMISSIONED OFFICERS:
SFC Brent A. Hunt; brent.hunt@us.army.mil
TEL: 301-677-7292

ACTIVE GUARD RESERVE (AGR):
LTC Tim M. Stauffer; tim.stauffer@ocar.army.pentagon.mil
TEL: 703-601-0865

18. Quartermaster 
BRANCH OFFICERS:
Mr. Jim Tolbert; Jim.Tolbert@US.Army.Mil
TEL: 804-734-4178
 
WARRANT OFFICERS:
CW4 Jimmie Benford; Jimmie.Benford@US.Army.Mil
TEL: 804-734-3701

NON-COMMISSIONED OFFICERS:
SFC Antonio D. Jackson; Antonio.D.Jackson@US.Army.Mil
TEL: 804-734-4330

19. Recruiting Command (79R)
NON-COMMISSIONED OFFICERS:
Ms. Denise Elliott; denise.elliott@usarec.army.mil
TEL: 502-626-0832

20. Signal Center (24/25/53) 
OFFICERS:
Mr. James N. Busler; james.n.busler@conus.army.mil
TEL: 706-791-2267

NON-COMMISSIONED OFFICERS:
SGM Lenard D. Manion; L.D.Manion@US.Army.Mil
SGM Robert J. Trawick Jr.; Robert.J.Trawick@US.Army.Mil
TEL: 706-791-8194
 
21. Space Operations (40)
Mr. Mr. Jim Schlichting; jim.schlichting@us.army.mil
Mr. Jerry Pepin; Gerald.Pepin@smdc-cs.Army.Mil or Gerald.pepin@us.army.mil
TEL: 719-554-0456/0457

 22. Transportation 
BRANCH OFFICERS:
Mr. Michael Aguilar; Aguilarm@Eustis.Army.Mil
TEL: 804-765-7447

WARRANT OFFICERS:
CW4 Randall C. Milligan; Randall.milligan1@us.army.mil
CW4 Thomas J. Wilson; Thomas.Wilson6@US.Army.Mil
TEL: 804-765-7288

NON-COMMISSIONED OFFICERS:
CSM John J. Pack Jr.; john.pack@us.army.mil 
TEL: 804-765-7675
 

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Training With Industry (TWI)
Student Handbook

 

REFERENCES

REFERENCES

JOINT ETHICS REGULATION, DOD 5500.7-R
http://www.dod.gov/dodgc/defense_ethics/ethics_regulation/


AR 621-1, TRAINING OF MILITARY PERSONNEL AT CIVILIAN INSTITUTIONS
http://www.apd.army.mil/pdffiles/r621_1.pdf


DA PAMPHLET 623-3, EVALUATION REPORTING SYSTEM
http://www.apd.army.mil/pdffiles/p623_3.pdf


JOINT TRAVEL REGULATION
http://www.defensetravel.dod.mil/site/travelreg.cfm

 

TUITION ASSISTANCE
AR 621-5, ARMY CONTINUING EDUCATION SYSTEM
http://www.apd.army.mil/pdffiles/r621_5.pdf

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FOOD OR REFRESHMENTS PROVIDED BY NON-GOVERNMENT AGENCY


This is a day to day challenge for Federal employees subject to good judgment and knowledge of applicable gift guidelines.  Prior approval is generally unworkable and blanket approval for the appropriate circumstances is provided under 5 C.F.R. 2635.  Coffee, donuts, and similar modest items of food and refreshments offered spontaneously and unsolicited as other than part of a meal are excluded from the regulatory definition of gift and may be accepted.

 

Any provision of food or refreshments paid for by the employee or the Agency may likewise be excepted from the definition of gift.  To the extent no other exception applies, a $20 per event/$50 per calendar year limit is applied.  If however, the circumstances are such that the employee has NO reasonable opportunity to pay for food or refreshments for which no exclusion or exception applies, acceptance would nonetheless be permissible.  A conscientious non-Federal entity should not place a Federal employee in this position on a frequent basis.  A Federal employee should not accept gifts in this matter so frequently that he or she appears to be using their public office for personal gain.

 

The “$20/$50” exception allows a Federal employee to accept gifts of $20 or less on individual occasions, but not more than $50 per calendar year per prohibited source.  The prohibited source is the entire organization, so the employee may not accept gifts exceeding the $50 per year per source limit just because the gifts come from different employees of the same prohibited source.  If several gifts are given at the same time, the employee may keep those items whose total value when added together does not exceed $20.  A Federal employee may never accept gifts of cash, and may not pay the difference - “buy down” - gifts exceeding the $20 or $50 limit.

 

The widely-attended gathering (WAG) provisions can sometimes allow a very broad opportunity to accept attendance and meals at an event offered by the sponsor of the event.  This would require an advance review and approval as there must be a determination that an employee’s attendance at the WAG is in the interest of the Agency in furtherance of Agency programs or operations.  The twist is the employee still attends in a personal capacity which means anything accepted is a gift to the employee and not to the Agency.  The significance of the WAG is the expectation that a large number of persons will attend and that persons with a diversity of views or interests will be present, for example, if it is open to members from throughout the interested industry or profession or if those in attendance represent a range of persons interested in a given matter.  If the employee is a speaker, there is some additional flexibility to what may be accepted.

 

Notwithstanding the availability of any exclusion or exception, a Federal employee may NOT:

 

a. Use their official position to solicit or coerce the offering of a gift.

 

b. Accept a gift in exchange for being influenced in the performance of official action.

 

c. Accept a gift in violation of statute.

 

d. Accept gifts from the same or different sources so frequently that a reasonable person would conclude that the employee is using his public office for private gain.

 

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