The Law mandating the Oath of Office for civil service or uniform services does not include Nonappropriated Fund employees; therefore, NAF does not, nor can we require that new employees verbally swear an oath. NAF employees are included under Section 3333 of the Law which requires that individuals who accept employment in the Government execute an affidavit within 60 days of accepting employment that they will not violate Section 7311 of Title 5, USC. Section 7311 of Title 5, USC states that an individual may not hold a position in the Government if he/she - advocates the overthrow of our constitutional form of government; is a member of an organization that he/she knows advocates the overthrow of our constitutional form of government; participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or is a member of an organization of employees of the Government of the United States or of individuals employed by the District of Columbia that he/she knows asserts the right to strike against the Government of the United States or the government of the District of Columbia.
DoDI 1400.25-V1471, Enclosure 3, 3, requires that the DoD NAFI Components comply with the Ethics Regulation and state that Components shall ensure that employees are fully acquainted with all aspects of the Government's standards for ethical conduct.
V1471, 4, Loyalty to the United States. The Heads of DoD Components shall ensure that no person will be employed or continue to be employed at a NAFI who: Advocates the overthrow of the U.S. Government; is a member of an organization that advocates the overthrow of the U.S. Government; is a member of an organization that advocates the overthrow of the U.S. Government; participates in any strike against the Government, including all instrumentalities of the Government.
In order to meet the provisions of the Law and requirements of DoD, the Army developed DA Form 3436, Department of the Army Appointment Affidavit Nonappropriated Funds. This form is required of all newly appointed employees and the signed document remains a permanent record in the individual's Official Personnel Folder.
The form states:
"I____________________________________, do solemnly swear (or affirm) that: I do not advocate the overthrow of our constitutional form of government nor am I a member of an organization that advocates the overthrow of our constitutional form of government. I will not participate in a strike, or assert the right to strike, against the Government of the United States. I am not a member of any organization of employees of the Government of the United States that asserts the right to strike against the Government of the United States.
I have not, nor has anyone acted on my behalf, given, transferred, promised, or paid any consideration for or in expectation or hope of receiving assistance in securing this appointment."