Posted on Apr 11, 2020
SPC Cyber Operations Specialist
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This is in an AIT setting that is longer than 20 weeks. Due to the COVID-19 precautions, access to the commissary and exchange is limited. I've bought some items from the commissary to sell to other soldiers. Snacks and Energy drinks mostly. The DS doesn't seem to care at the moment but says I need to know the regulations as some higher-ups might have an issue with it. Mentioned something about competing with AAFES and making a profit from other soldiers? No one is forced to buy, nor am I endorsed or advertised by the command. Pricing is cheaper than the shoppette, but more than the commissary, saving others time and money and increasing morale. A search on google hasn't turned up anything solid. Any guidance and advice are appreciated.
Posted in these groups: 129461de AIT StudentFb6487e7 MWRDeca logo Commissary
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SFC Retention Operations Nco
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There's a couple of competing issues here.

First, ANY time you are soliciting money from Soldiers at a workplace or federal building, there are ethics laws that come into play concerning funding. Even your company training room store, FRG fund raisers, and SAMC non profits have to abide by federal laws and ethics guidelines because they are soliciting money on federal property. Every one of these requires a JAG review when a new chapter or group is created and there is no SOP in place.
Second, you are not a store or an official business. That means you are running an unofficial, unlicensed business from the barracks. While the NCOs might not care, they don't have to take responsibility for it either. Once someone mentions [complains] to the commander, the CDR will be forced to give the yay or nay to your side business. He will have to ask himself, "if I approve of this, could it blow up in my face?". The answer to that is yes, a hundred different ways, yes.
There is also the AAFES non competition clause you mentioned, and yes that is a real thing. Of course, you're only competing once you are an official business
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SFC Retention Operations Nco
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PFC Jeffrey Herrington I would definitely agree with you on that lol
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Sgt Field Radio Operator
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Edited 4 y ago
SPC (Join to see) Great advice has been offered by SFC (Join to see). I would not go forward with this plan without command approval, and you can expect it to be disapproved.
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LTC Jason Mackay
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Edited 4 y ago
SPC (Join to see) to amplifÿ what SFC (Join to see) has said, you have a number of things that are really wrong here.
1. All commercial activities on an Army Installation require approval by permit or memorandum from the Garrison Commander or their designate, usually the Business Officer at FMWR. Especially on unit property. Usually people's side hustles are in public places (like a personal trainer or car detailer) or at their Government Quarters where utilities costs that are in excess, may be recovered.
2. DECA and AAFES items are not for commercial resale. One exception.
3. Units, operative word units, may run a "sweet and treat" snack stand among other fund raisers (similar to what you are doing) but any profit must be deposited in the account of the Unit Fund, run by your commander and administered by FMWR for unit morale and benefit. Those benefits must be available to ALL unit members (usually a BBQ at Organizational Day or Unit PT Shirts). Subject to legal review and audit at anytime. There is actually a SOP template out there provided by FMWR to run such a fund. The funds may be use due to replensih stock. The exception to #2is Unit Fund Raising i.e. The "sweet and treat" and FRG BBQs etc. two different regs and Fund instrumentalities in the nonappropriated Fund lanes.
4. Given installation policy, you probably have to have command permission for a second job, aka moonlighting, aka side hustle.

There are 4 or 5 separate regulations at work here. Your NCO ambivalence will not protect you when it goes bad, although, they should know better. All it takes is one guy to complain and they will swoop in and crush you. The people who knew and even bought your stuff will deny all knowledge.

Nothing will get a Commander riled faster than threat of relief for an illegal Fund. Do what your rank can stand. I don't have time to hunt down each reg for you but you need to hit the I believe button on what I have told you. If it is critical to morale and there is no significant profit, let the commander authorize you to run it.
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SFC Retention Operations Nco
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Thank you, I figured you would have more specific guidance on this. I know it's one of the topics they cover in pre command courses
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LTC Jason Mackay
LTC Jason Mackay
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SFC (Join to see) - I've had "that" conversation with a would be Tycoon.
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