Posted on Oct 1, 2017
Is it legal to task units to provide SMs to staff an MWR fitness center?
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MWR
Legal Services
CG-LGL10: Legal
Posted 7 y ago
Responses: 2
CPT (Join to see) BLUF Yes, almost always. And if it is a tasking already at your door step, it has been cleared though the CORP G3 and JAG as "legally sufficient" as well as your Div G3 and then handed to the Bde to fill....and now id guess in your lap...to task to a subordinate unit..welcome the the crappy part of being in the G3 staff..
Almost anything can have Borrowed Military Manpower (BMM) assigned. It starts with a request and justification from the requesting agency to the senior post command..say Corps if it is... The G3 will hold an annual, semi annual, or quarterly conference that is essentially a review of all existing BMM to decide to terminate and recall the BMM, continue the tasking, or modify it and review new requests.
There are of course some legal restrictions, but MWR is not directly one of them at least not for all positions...
There are request denied because the CMD does not feel the request benefits the unit enough or at all.
Request denied because the impact to units would be to great fill.
And sometimes denied because the requester has not done their due diligence to support the need internally..having the authorization to hire, the budget to hire, but BMM resource board after recourse board they come with a another 365 day request.
I have sat in these boards as a Divisional rep.... never seen a request I thought "Man that sounds illegal"
Almost anything can have Borrowed Military Manpower (BMM) assigned. It starts with a request and justification from the requesting agency to the senior post command..say Corps if it is... The G3 will hold an annual, semi annual, or quarterly conference that is essentially a review of all existing BMM to decide to terminate and recall the BMM, continue the tasking, or modify it and review new requests.
There are of course some legal restrictions, but MWR is not directly one of them at least not for all positions...
There are request denied because the CMD does not feel the request benefits the unit enough or at all.
Request denied because the impact to units would be to great fill.
And sometimes denied because the requester has not done their due diligence to support the need internally..having the authorization to hire, the budget to hire, but BMM resource board after recourse board they come with a another 365 day request.
I have sat in these boards as a Divisional rep.... never seen a request I thought "Man that sounds illegal"
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CPT (Join to see)
I understand the BMM piece. Generally, I wouldn't ask questions about BMM, however, this tasking is using SM to provide services that are covered by NAF. In the Army, the Army doesn't own the gym, like the USAF does. There are some contract and legal issues, I'm just not sure what they are. Only time I've seen Soldiers staffing fitness centers are ones that are owned by units. I don't have any faith that higher HQ has done any staff work or checking on this. They do things that are expressly illegal/unethical fairly often, from what I see, and I don't see that much. If the gym is open, it means all eligible users may use it, not just SM.
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SSG (Join to see)
CPT (Join to see) - So what is the legal issue that you see with it and what have you done to bring it to the attention of the people in charge? Did you talk to JAG about it and what did they say?
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CPT (Join to see)
SSG (Join to see) - I have worked with some NAF folks before where they said things like this couldn't be done. Also, since it's a facility that benefits anyone that is eligible, not just SM, it makes it fishier. The JAG people here are clueless. They have given the go-ahead for things that are clearly labeled as illegal in regulations. IG came in after getting calls and they found the reg and were like, JAG can't read. Plus it got tasked over the weekend and starts Monday (today).
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SGT Jim Arnold
CPT (Join to see) - I'm not sure of the actual regs and policy but when I was assigned back to FT.Gordon from Korea there was as the rumor went 300 26v E-4's they had us stuffed everywhere to include the post commanders driver, Gym, etc the really vocal whiners were assigned to grounds keeper squad which meant lots of push mowing
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Yes it is. That is an agreement between the Garrison Commander and the Senior Mission Commander, executed through operations channels as SGM Erik Marquez describes. FMWR is allocated NAF level A funds, of which Fitness Center labor hours are a part. It sets a fixed level of service, in this case X hours of labor to have the fitness centers open Y hours a piece. If the Senior Commander wants more hours/days for the fitness center, then they need help in either OMA dollars or labor itself. Since the OMA dollars are tight, the BMM, aka Soldier Skill Sets (S3), is used to make the command desire a reality. Hat gift is then given to taskable formations on the installation. It is also how units end up mowing lawns, which OBTW, was a pre GWOT expectation of all units.
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