Naval Reserve Association Naval Reserve Association

Legislation& EducationLT Marc J. Soss, SC, USNNational VP for Legislation & EducationOn 24 July 2006, PresidentBush signed into law theFreedom to Display theAmerican Flag Act (PublicLaw 109-243). The lawhas been codified underSection 5 of Title 4, U.S. Code and is designedto protect every individual’s right to displaythe U.S. flag on residential property.The law was designed to address thecontroversy surrounding patriotic Americans’desire to display the U.S. flag in the aftermathof 11 September 2001. Many deedrestrictedcommunities (as defined under26 U.S.C. 528), condominium associations,Protection of Our Rightto Fly the U.S. Flagand cooperative associations (as definedunder 15 U.S.C. 3603) attempted to restrictthis patriotic gesture. The law provides that“[a] condominium association, cooperativeassociation, or residential managementassociation may not adopt any policy, orenter into any agreement, that would restrictor prevent a member of the association fromdisplaying the flag of the United States onresidential property within the associationto which such member has a separateownership interest or a right to exclusivepossession or use.” The law protects therights of condominium, cooperative unit,and residential property owners to displaythe U.S. flag consistent with Chapter 1 ofTitle 4, United States Code.However, a deed-restricted community,condominium association, or cooperativeassociation may place reasonable restrictionsas to the time, place, or manner of displayingthe U.S. flag.Title 4 of the U.S. Code outlines the proper method and time to display the flag. It is customary for the flagto be displayed every day from sunrise to sunset on buildings and stationary flagstaffs in the open. The flag isrequired to be “hoisted briskly and lowered ceremoniously” and should not be displayed during inclement weather(unless it is an all-weather flag). In addition, the flag should be displayed on: “New Year’s Day, 1 January;Inauguration Day, 20 January; Martin Luther King Jr.’s birthday, third Monday in January; Lincoln’s birthday, 12February; Washington’s birthday, third Monday in February; Easter Sunday (variable); Mother’s Day, second Sundayin May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; FlagDay, 14 June ; Independence Day, 4 July; Labor Day, first Monday in September; Constitution Day, 17 September;Columbus Day, second Monday in October; Navy Day, 27 October; Veterans Day, 11 November; Thanksgiving Day,fourth Thursday in November; Christmas Day, 25 December; and such other days as may be proclaimed by thePresident of the United States; the birthdays of States (date of admission); and on State holidays.”ATTENTION – PLAN AHEADFOR NRA JUNIOR OFFICER OF THE YEAR FOR FY 2007JOY PROGRAM: Rank of O-1 through O-4, Not Selected to O-5.A. Selected Reservist – Two awards, one for line officer and one for staff officer.B. Full-Time Support – Two awards, one for line officer and one for staff officer.C. In regard to the exclusive NRA Bea Ratner Junior Nurse Corps Officer Award,if a Nurse Corps officer is selected as the Selected Reserve – Staff JOY, theselectee will also receive the Bea Ratner Award. If not, the Bea Ratnerawardee will be selected from the nominations submitted for the SelectedReserve JOY – Staff. Nomination and submission guidelines for the BeaRatner are the same as the other four JOY categories.D. Deadline for nominations is 18 January 2008. Nominations are now sentto Navy Reserve Force (N01A) instead of directly to NRA.E. A board will be convened at NRA Headquarters by mid February. NavyReserve Forces Command will solicit membership for this board by Navalmessage in Nov/Dec each year.F. The Navy Reserve Forces Command will fund travel for the recipients toattend the award event.G. Award presentation will take place at the Association’s Spring Conference.For 2008, the NRA Spring Conference will be in Hawaii, 27-29 March.REFERENCES:Expanded information on the NRA JOY program and nomination procedures willbe promulgated in a forthcoming COMNAVESFOR MESSAGE.NOMINATION FORMAT: Limited to three pages.JUNIOR OFFICER OF THE YEAR AWARD1. PERSONAL INFORMATIONA. NOMINEE’S RANK, NAME, SSN, DESIGNATORB. HOME MAILING ADDRESSC. HOME AND OFFICE PHONED. E-MAIL ADDRESSE. DATE OF RANKF. CURRENT UNIT AFFILIATION WITH ADDRESSG. DATE RECEIVED INTO CURRENT UNITH. NUMBER OF MONTHS AT UNIT/COMMANDI. ASSIGNMENT HISTORY (PREVIOUS COMMANDS, BOTH ACTIVEAND RESERVE, WITH INCLUSIVE DATES)J. PERSONAL AWARDS (SIGNIFICANT CIVILIAN AWARDS MAY BEINCLUDED)K. SELECTION JUSTIFICATION (SHOULD REFLECT “WHOLEPERSON” CONCEPT IN RELATION TO MILITARY PERFORMANCE,CIVILIAN INVOLVEMENT, AND FAMILY)(1) SIGNIFICANT MILITARY ACHIEVEMENTS WITHIN THE PASTYEAR WHICH WARRANT SELECTION. IF APPLICABLE,EMPHASIZE CONTRIBUTIONS TO GLOBAL WAR ON TERROR(2) CIVILIAN EXPERIENCE/ACHIEVEMENTS (LICENSES ANDCERTIFICATIONS COMMON TO CERTAIN PROFESSIONS)(3) COMMUNITY INVOLVEMENT2. SELECTION CRITERIA: JUSTIFICATION FOR NOMINATION(Demonstrated leadership, performance, accomplishments, and contributions.)The justification must be submitted in the brief and concise “bullet” format, not toexceed three pages. DO NOT include fitness reports.3. ATTACHMENT: Full-length, b/w or color photograph in service khakiQUESTIONS:NRA point of contact is CAPT McAtee at (703) 548-5800 or bye-mail at stratcom@navy-reserve.org.24 NRA NEWS/SEPTEMBER 2007