Okay, this could lead to more questions than answers. It isn't easy reading, either, and I don't pretend to be all-knowing about this stuff. I'll give you the links, and can tell you about my perception of the current interpretation of this information. Sound vague? It is. I'm not sure I get it, and I've been in the Corps for 17 years. (More geezer alerts. Damn.)
There is language in the United States Code, some of it dating back to the 1950's, I believe, prohibiting military musicians from being in competition with civilian musicians. References to those entries in the U.S.C. are made in this Joint Ethics Regulations document, DoD 5500.7-R.
Word document
The substantive text of this document occurs in two places. Section 3-304:
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3-304 Competition with Civilian Musicians. Members of military bands are very restricted in the degree to which they may compete off base with civilian musicians. See 10 U.S.C. 3634, 6223 and 8634 (reference (f)).
Note the wording "very restricted" in that section. More importantly, near the beginning of the document, in section 1-101:
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1-101. Disclaimer. A violation of this Regulation does not create any right or benefit, substantive or procedural, enforceable at law by any person against the U.S., its agencies, its officers or employees, or any other person.
So if you're thinking there's a "law" against anything being implied by this document, fuhgeddaboutit.
The current interpretation of these Joint Ethics Regulations as it pertains to military musicians can be derived from this DoD directive, which was authored in 2001 and certified current as of May, 2007.
PDF document
(At this point, I'm dodging laundry duty, but I'm gonna finish this post anyway. It's all about
you guys.)
This directive is concerned mostly with the use of military music groups at non-DoD events, which includes everything from an entire concert band to a single musician. Pertinent subparagraphs include 4.2.17.1, 4.2.17.2, and most of 4.8.3 through 4.8.5. One of the offshoots of this thread that Todd and runelk touched on, a group like the Airmen Of Note appearing at a festival, is addressed directly in subparagraph 4.2.17.2:
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4.2.17.2. The limitations in subparagraph 4.2.17., above, do not prevent attendance by military musicians at music conferences or seminars for professional development. Military musicians may perform non-traditional music as part of those programs.
So when the USMB tuba quartet showed up at Falcone with Ryan McGeorge's jazz arrangements, that was legit.
As far as individuals freelancing, what we play on our off-duty hours is our own business. This wasn't always so. Back in the day, military musicians couldn't join the AFM, and the AFM didn't want them. Playing gigs around D.C. was much more, ah, interesting back then. Military guys used to use fake names, wear wigs, do all sorts of crazy crap to play gigs on the outside. It wasn't a good scene until a Marine Band piano player, Tom Lee, bagan making changes for the better. If his name sounds familiar, it's because he's the International President of the AFM. His bio is at the top of the page:
AFM website
Today, most everyone in the military bands freelances or teaches to supplement their income and/or expand their musical experiences. If we appear somewhere in uniform, we don't get paid, whether we're playing or teaching. We never use government-owned instruments on a civilian gig. If we're tasked with a duty job at the last minute, we back out of any civilian gig, no matter what it is. The local contractors all know this. There's a lot of musicians in D.C., so their sub lists are long. Some contractors don't want to deal with that, and don't hire military guys often, or ever. That's their choice, and there's plenty of
ex-military civilian musicians in town with top-level chops. Some of the top call guys in town were never in any service bands.
I play in the Marine Band. I'm a member of the AFM. I freelance as much as I can. I haven't been arrested or court-martialed. Yet. I'm going to fold the boys' clean shirts now, because my wife keeps looking over here, and trying to comprehend DoD documents makes the laundry look pretty damn appealing.
This post is too long.