Military Uniform Regs: Expert Needed

1/26/10 | Nick Danger

[Nick Danger]

The picture below was taken at a county fair. It shows an individual sitting in the Democratic Party booth wearing an air force uniform. We have determined

• The individual is campaigning for a partisan political office as a Democrat
• The individual served six years in the air force, but is not on active duty and has not been for some time

Questions:

Is this individual's behavior legal? Can one campaign for partisan office in uniform? Can someone no longer in the air force wear the uniform at all, let alone to campaign?

If you are knowledgable on this subject, please provide a citation to the applicable regulations, and instructions on how to report this to the proper authorities.

Please do not speculate. If you don't know for certain, please don't pretend you do.We intend to file an official complaint, and we want it done right.

[AlaskaErik]

No picture is showing.

[mnehring]

ping

[equalitybeforethelaw]

Oh, its an airman. Guys, there is the military and then there is the Air Force. Lets let this one slide.

[grobdriver]

http://www.macvsog.cc/images/Uniform%20Wear.jpg

[grobdriver]

But also:
http://usmilitary.about.com/od/theorderlyroom/a/uniformwear.htm

[Scotsman will be Free]

Actually, it’s an airgal. Looks to be an E-5. Wonder what the badge above the single row of ribbons denotes?

[AlaskaErik]

I know that honorably discharged veterans can wear their uniform for certain occasions, like a Memorial Day observance or a Veteran’s Day affair, but to wear if in this environment is totally inappropriate. But if the uniform is all legit, he can’t be prosecuted under the Stolen Valor Act. He just needs to have someone bring the regs to him and show him where it is wrong. Hopefully that will take care of the situation. Otherwise he will need to be shamed by other ways, such as a letter to the editor.

[dblshot]

no, not authorized

Specifically, 10 USC, Subtitle A, Part II, Chapter 45, Sections 771 and 772.

Section 771 states:

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

Section 772 lists some exceptions:

(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.

(

[mnehring]

DoD DIRECTIVE 1344.10

b. A member on AD shall not:

(1) Use his or her official authority or influence for interfering with an election; affecting the course or outcome of an election; soliciting votes for a particular candidate or issue; or requiring or soliciting political contributions from others.

(2) Be a candidate for, or hold, civil office except as authorized in subsections D.2. and D.3., below.

(3) Participate in partisan political management, campaigns, or conventions.

(4) Make campaign contributions to another r of the Armed Forces or an employee of the Federal Government.

[grobdriver]

And: http://militarysalute.proboards.com/index.cgi?board=protocol&action=display&thread=721

[puppypusher]

If I recall you can wear the uniform as long as it’s a parade or some other function as long as it does Not discredit the Air Force.

It’s not OK to wear a political badge with it though.

[TankerKC]

Guys, there is the military and then there is the Air Force.

The same rules apply.

I'll let the good Colonel handle the rest...

[An American in Turkiye]

AFI 36-2903 is the reg.

Table 1.3: Do not wear uniform while participating in public speeches, interviews, picket lines, marches or rallies, or in any public demonstration when the Air Force sanction of the cause for which the activity is conducted may be implied.

[Cicero]

Well, you certainly can’t shame him. Democrats have no shame.

And the military can’t discipline him if he has been discharged.

So, if he’s just violating protocol, I don’t see how you can stop him. Only if he’s breaking the law, which seems doubful to me.

[Ben Mugged]

Active duty or retired military wearing the uniform represent the military and as such must not participate in political campaigns while wearing the uniform. It is not illegal to do so, but anyone who does is disgracing the uniform.

That position by the military could have changed since I retired 25 years ago but it is still the guidance I use.

[Oratam]

Joan F'n Kerry?

[An.American.Expatriate]

Not an opinion ...

1. military regulations can not be applied to a civilian.
2. if said person is no longer in the military (including ready reaserves) - regs do not apply (for Officers this may be different!)
3. if said person represented himself (other than the simple wearing of the uniform) as a member of the military - he “might” have violated some portions of the USC regarding the impersonation of an “officer”.

[Pilsner]

military regulations can not be applied to a civilian

Correct. But the United States Code makes it a federal crime, in some circumstances, to wear an American Military Uniform, or decoration, except as authorized by military regulations.

[colorado tanker]

Are you sure this person actually served? Whenever I see something like this, I wonder about an impostor.

We had another one recently, a guy named Rick Stradlof masquerading as Rick Duncan who claimed to be a Marine veteran. He was campaigning for Democrats, too.