Ladies and Gentlemen,
I've seen many comments and questions on the issue of active-duty or former military members wearing the uniform to events, rallies, etc, so thought a diary may be needed.
Meet me after the fold...
The wear of the uniform is covered under four places; federal law, state law, Department of Defense directives and specific military regulation.
Title 10, Subtitle A, Part II, Ch 45 covers the wear of the uniform and states:
Sec. 771. Unauthorized wearing prohibited
Except as otherwise provided by law, no person except a member of the Army, Navy, Air Force, or Marine Corps, as the case may be, may wear -
(1) the uniform, or a distinctive part of the uniform, of the Army, Navy, Air Force, or Marine Corps; or
(2) a uniform any part of which is similar to a distinctive part of the uniform of the Army, Navy, Air Force, or Marine Corps.
Does this mean that all the kids wearing BDU pants are, in fact, doing something illegal? You bet. Does this mean that the federal government is going to run around playing fashion police? No way. Just because the law isn't enforced doesn't mean that there isn't a law on the books.
Sec. 772. When wearing by persons not on active duty authorized
(a) A member of the Army National Guard or the Air National Guard may wear the uniform prescribed for the Army National Guard or the Air National Guard, as the case may be.
(b) A member of the Naval Militia may wear the uniform prescribed for the Naval Militia.
(c) A retired officer of the Army, Navy, Air Force, or Marine Corps may bear the title and wear the uniform of his retired grade.
(d) A person who is discharged honorably or under honorable conditions from the Army, Navy, Air Force, or Marine Corps may wear his uniform while going from the place of discharge to his home, within three months after his discharge.
(e) A person not on active duty who served honorably in time of war in the Army, Navy, Air Force, or Marine Corps may bear the title, and, when authorized by regulations prescribed by the President, wear the uniform, of the highest grade held by him during that war.
(f) While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.
(g) An officer or resident of a veterans' home administered by the Department of Veterans Affairs may wear such uniform as the Secretary of the military department concerned may prescribe.
(h) While attending a course of military instruction conducted by the Army, Navy, Air Force, or Marine Corps, a civilian may wear the uniform prescribed by that armed force if the wear of such uniform is specifically authorized under regulations prescribed by the Secretary of the military department concerned.
(i) Under such regulations as the Secretary of the Air Force may prescribe, a citizen of a foreign country who graduates from an Air Force school may wear the appropriate aviation badges of the Air Force.
(j) A person in any of the following categories may wear the uniform prescribed for that category:
(1) Members of the Boy Scouts of America.
(2) Members of any other organization designated by the Secretary of a military department.
This is the general provision of who can and cannot wear the uniform. Again, this is federal law which is then referenced by the specific Dept. of Defense directives. Without going into all the different services to save time (and space), let me show you how it works with the Marine Corp.
MCO P1020.34F Chapter 11 states:
- GENERAL
- In addition to these regulations and other directives issued by the CMC, U.S. Navy Regulations and Department of Defense directives, State and Federal laws have also been promulgated which pertain to Armed Forces uniforms. Portions of these regulations, directives, and laws that are applicable to Marine Corps personnel, or to Marine Corps uniforms, are contained in this chapter.
- No attempt has been made to excerpt or interpret the laws of any State. Commanders are responsible for becoming acquainted with and publicizing any State law that may affect the administration of their commands.
Now, if you'll note, there are federal laws, state laws, Department of Defense directives, and service specific regulations that cover the wear of the uniform. These work in conjunction with each other.
- DEPARTMENT OF DEFENSE DIRECTIVES PERTAINING TO UNIFORMS
- Implementing 10 U.S.C. 772, the President, by Executive Order 10554 of 18 August 1954, delegated to the Secretary of Defense the authority to prescribe regulations under which persons may wear the uniform. The following excerpts from DoD Directive 1334.1 of 11 August 1969 outline these regulations:
a. Members of the Armed Forces (including retired members and members of reserve components). The wearing of the uniform is prohibited under any of the following circumstances:
(1) At any meeting or demonstration which is a function of, or sponsored by an organization, association, movement, group, or combination of persons which the Attorney General of the United States has designated, pursuant to E.O. 10450, as amended as totalitarian, fascist, communist, or subversive, or as having adopted a policy of advocating or approving the commission of acts of force or violence to deny others their rights under The Constitution of the United States, or as seeking to alter the form of Government of the United States by unconstitutional means.
(2) During or in connection with the furtherance of political activities, private employment or commercial interests, when an inference of official sponsorship for the activity or interest could be drawn.
(3) Except when authorized by competent Service authority, when participating in activities such as public speeches, interviews, picket lines, marches, rallies or any public demonstration (including those pertaining to civil rights), which may imply Service sanction of the cause for which the demonstration or activity is conducted.
(4) When wearing of the uniform would tend to bring discredit upon the Armed Forces.
(5) When specifically prohibited by regulations of the department concerned.
b. Former Members of the Armed Forces. Unless qualified under another provision of this Order or under the provisions of 10 U.S.C. 772, former members who served honorably during a declared or undeclared war and whose most recent service was terminated under honorable conditions may wear the uniform in the highest grade held during such war service only upon the following occasions and in the course of travel incident thereto:
(1) Military funerals, memorial services, weddings, and inaugurals.
(2) Parades on national or state holidays; or other parades or ceremonies of a patriotic character in which any active or reserve United States military unit is taking part.
'Wearing of the uniform or any part thereof at any other time or for any purpose is prohibited.'
c. Medal of Honor Holders. Persons who have been awarded the Medal of Honor may wear the uniform at their pleasure except under the circumstances set forth in Subsection a., above."
- Pursuant to DoD Instruction 5410.20, unauthorized use of approved Marine Corps uniform emblems or insignia on civilian attire, or other nonuniform attire, is prohibited.
- The President, by Executive Order 10113 of 24 February 1950, delegated to the Secretary of Defense the authority to prescribe the quantity and kind of clothing which shall be furnished to enlisted Marines, or the cash allowance to be provided in lieu thereof. Department of Defense Directive 1338.18 of 29 Jul 85 outlines the policies and regulations pertaining thereto.
Now, you will notice from the above section that there are many times the wearing of the uniform is prohibited.
- Is it illegal for the President to have military members as "props" for events that are not military specific (ie, a gathering at a military installation, etc)? Yes. It is covered here:
- During or in connection with the furtherance of political activities, private employment or commercial interests, when an inference of official sponsorship for the activity or interest could be drawn.
If an inference of endorsement or sponsorship can be drawn, then it is illegal by statute/regulation. Again, that doesn't mean it is enforced, only that it is illegal.
- Is it illegal for a former military member to wear the uniform to protest demonstrations? Yes.
b. Former Members of the Armed Forces. Unless qualified under another provision of this Order or under the provisions of 10 U.S.C. 772, former members who served honorably during a declared or undeclared war and whose most recent service was terminated under honorable conditions may wear the uniform in the highest grade held during such war service only upon the following occasions and in the course of travel incident thereto:
(1) Military funerals, memorial services, weddings, and inaugurals.
(2) Parades on national or state holidays; or other parades or ceremonies of a patriotic character in which any active or reserve United States military unit is taking part.
Other then these activities, for former military:
'Wearing of the uniform or any part thereof at any other time or for any purpose is prohibited.'
Again, this section is clear whether or not it is actively enforced; the wear of the uniform by former military members, in full or any part thereof, is prohibited, unless it is worn, in full and within regulation, to the specifically stated events.
- Is it illegal for a Marine to wear his/her uniform to a war protest rally? Yes.
- SECRETARY OF THE NAVY POLICY PERTAINING TO UNIFORMS
- Pursuant to subparagraph 11002.1a(5), the Secretary of the Navy has prescribed that:
a. The exercise of the rights of freedom of speech and assembly does not include the right to borrow the inherent dignity, prestige, and traditions represented by uniforms of the naval service to lend weight and significance to privately held convictions on public issues.
b. Members of the Navy and Marine Corps (including retired members and members of Reserve components) are prohibited from wearing uniforms of the naval service while attending or participating in, or continuing to attend or participate in, a demonstration, assembly, or activity with knowledge that a purpose of such demonstration, assembly, or activity is the furtherance of personal or partisan views on political, social, economic, or religious issues except:
(1) In connection with official duties or as otherwise authorized in advance by competent authority; or
(2) Incident to attendance at or participation in a bona fide religious service or observance.
c. Authorization to wear the uniform should be granted by a commanding officer when reasonably assured that the service member's appearance in uniform at the particular event, viewed objectively, is not for the purpose of lending substantial weight or significance to privately held convictions or interests; would not be so construed by an observer; and that the demonstration, assembly, or activity does not relate to matters in public controversy.
This means that any military member of the armed forces, including retired and reserves, are specifically barred from taking part in anti-war demonstrations while wearing their uniform.
- What about the military officer who was at the church in full uniform?
You'll notice that taking part in a bona fide religious service is exempt.
So, maybe this will alleviate many questions, concerns, or misconceptions.
UPDATE #1:
Ok... camo bikini's and lingerie are not considered part of the "uniform"... but they should be!