When I was a little kid, I learned that if I broke something that belonged to another kid, I had to pay for it or replace it.  That’s just fair.  Fairness is a good standard by which to live your life.  I have really tried to do so.  Of course, what I think is fair, someone else may not.  It can be subjective.  So you be my objective voice and let me know what you think about the following.

The Army seems to be gobbling up the golf courses at Fort Belvoir and not replacing them or providing restitution.  I don’t think that is fair.  Fort Belvoir had a delightful nine hole course on the South Post.  It was pretty flat and open and not too long.  It was ideal for young soldiers learning how to play and elderly people who wanted to walk the course and get some exercise.  Then the Army decided it needed a newer, larger hospital and began to build on the South Nine.  The South Nine Golf Course disappeared.

Now, you might say, “Hey, the Army can do what it wants with its property.”  But all Army property is not the same.  The South Nine Golf Course was a nonappropriated fund (NAF) property.  When I was an instructor at The JAG School in Charlottesville, Virginia, back in the early 70’s, I taught a one-hour course called Nonappropriated Funds.  It was really deadly.  It may have been the deadliest course at the School.  But, the students needed to know that all funds were not appropriated by Congress.  The Post Exchange and other programs generated money for the benefit of the troops.  That money was nonappropriated funds and the Army was to use the funds for the morale, welfare and recreation of the troops and their dependents.  I would tell the students, who were still awake, that the Army held the nonappropriated funds in trust for the morale and welfare of soldiers and their dependents.  They can’t take it away or give it away without restitution.

Not too long ago, there was a Corps of Engineer project that, in effect, would wipe out a soccer field at Fort Belvoir.  So before the field was destroyed, the Post make arrangements to build another soccer field to replace the one that was being destroyed.  Now, that’s how I believe the system should work.  The soccer field was a nonappropriated fund property (morale, welfare and recreation – MWR) and the Army met its obligation as trustee of the MWR funds by making restitution in kind.  However, it didn’t work that way with the South Nine Golf Course.  The only distinction between the two situations is that they had soccer moms!

Now, the Army has its sights set on building the National Museum of the United States Army (NMUSA) on the front nine of the Gunston Golf Course on the North Post at Fort Belvoir.  Fort Belvoir has two adjoining golf courses on the North Post, Gunston and Woodlawn.  Both are championship length courses.  I don’t want to get into site selection.  Obviously, I didn’t want them putting the museum on my golf course.  But, well-meaning officials decided to put it there.  But, what about restitution?  What about holding in trust morale, welfare and recreation property (paid for with nonappropriated funds) for soldiers and their dependents?  Some not-so-well-meaning officials decided that Fort Belvoir only needed 27 holes.

Two years ago, we had 45 holes.  Now, they are talking about 27 holes.  I can just hear the conversation.  The commander asks, “Can they get by with 27 holes?”  And, the staff says, “Yes sir, yes sir, three bags full.”  What about holding NAF property in trust?  What about restitution?  Where are their heads?   I know I keep repeating myself.  I can’t help it.  I keep frothing at the mouth and by the time I get myself cleaned up, I just start over again.  Fairness, restitution, fairness.  I’ll be back in a minute.

The money for the museum is supposed to come mostly from donations.  It ain’t happening.  In 2007, they had contributions of over five million dollars, but they had expenses of over three million.  They aren’t going to get to $200 million that way.  I donated early on, so I have received a lot of their subsequent solicitations.  In my opinion, the solicitations are too expensive and slick.  The last time I observed such slick solicitations was the Ollie North campaign for senator.

Please understand that I am all in favor of an Army museum.  If it has to be on the Gunston front nine, so be it (the latest drawings have them encroaching on holes 11 and 12 on the back nine for a parking lot).  But, please rework the Gunston Course along with the museum.  That is only fair and it will keep the Army from looking like a negligent fiduciary (or worse).

There was an Army funded feasibility study completed in November 2008 regarding whether 27 holes would be sufficient.  In all fairness, this should have been done before the “three bags full” decision.  The study concluded that the course, reduced to 27 holes could lose over a quarter of a million dollars a year.  So I think we are going to end up with approval for 36 holes, but no money to build them.  The money should come from the Army.  The Army is holding the Gunston Course in trust (here I go again).  The Army needs to make restitution.

Here is the scenario I see.  The Army breaks ground on construction on time.  They have already been drilling for core samples on the front nine, even though the environmental assessment hasn’t been approved to select the location.  And, of course, the environmental assessment will have alternate selection sites as it is required, even though the Army has pushed ahead and selected the Gunston site.  Is that legal?   I used to teach Environmental Law, but it was too may moons ago.  I see them tearing up the course and then, not having the money to build the museum.

I’m not the only one who thinks there won’t be enough donations.  The AUSA (Association of the United States Army), a private organization focused on the best interests of the Army, has just submitted a legislative resolution to Congress.  It requests Congress to “provide funding for the facility at Fort Belvoir, Virginia to house the National Museum of the United States Army.”

If Congress funds the museum, I hope there is some extra in there to make the Gunston Course whole.  The restitution I am talking about should be part of the over all museum project.  That is the only fair solution.