Posted on Apr 22, 2016
Is it illegal for a civilian to wear any part of the ACUs (as I don't fall under AR670-1, but I do fall under the 1st amendment)?
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It's just cloth. It's not a "uniform" until you start putting all the pieces together and you intentionally represent it as such.
That said, it does have very special meaning to those of us that went through the trials to wear it. The idea of "You didn't earn it" comes to mind very quickly. But...
Take a look at the old BDU (Woodland Cammie Pattern) which is no longer in service (by Active Duty). It makes a great hunting clothing. The Army is transitioning out of the ACU now into the new pattern. The same logic applies. It's not illegal to wear, but "why would you want to?" It's not a really effective pattern. Sure you can... but people might question motive, especially if you have nametapes, or patches.
That said, it does have very special meaning to those of us that went through the trials to wear it. The idea of "You didn't earn it" comes to mind very quickly. But...
Take a look at the old BDU (Woodland Cammie Pattern) which is no longer in service (by Active Duty). It makes a great hunting clothing. The Army is transitioning out of the ACU now into the new pattern. The same logic applies. It's not illegal to wear, but "why would you want to?" It's not a really effective pattern. Sure you can... but people might question motive, especially if you have nametapes, or patches.
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CPO Glenn Moss
SPC Ron Creech - Not quite true. You're missing the important opening to that statute:
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.
"Except as otherwise provided by law" is very important can cannot be left out when evaluating the legality of civilians wearing any part of a military uniform. 10 USC 772 further expounds on this with a list of exceptions:
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.
ALL THAT SAID...there's still the issue of the First Amendment to be considered with respect to wearing of articles of military uniforms, and the U.S. Supreme court has spoken on that subject, as well.
The simple fact of the matter is that unless there is a rather serious discredit issue going on, or some attempt at fraud involving property or money, then issues involving civilians wearing uniforms aren't going to end up being prosecuted in court.
Here's a rather nice link to read through:
https://www.thebalance.com/trick-or-treat-3356985
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.
"Except as otherwise provided by law" is very important can cannot be left out when evaluating the legality of civilians wearing any part of a military uniform. 10 USC 772 further expounds on this with a list of exceptions:
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.
ALL THAT SAID...there's still the issue of the First Amendment to be considered with respect to wearing of articles of military uniforms, and the U.S. Supreme court has spoken on that subject, as well.
The simple fact of the matter is that unless there is a rather serious discredit issue going on, or some attempt at fraud involving property or money, then issues involving civilians wearing uniforms aren't going to end up being prosecuted in court.
Here's a rather nice link to read through:
https://www.thebalance.com/trick-or-treat-3356985
Wearing a Uniform When Not in the Military: Is it Legal?
On Halloween each year, small children (and some not-so-small) dress up in military uniforms. Is this legal? What are the rules to follow?
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Is it really important? Why would you want to wear ACUs anyhow? Cheap clothing or just suggestive clothing? I admit to purchasing an ACU Field Cap, size 7 -5/8. That stopped the dreams about not having a head cover!
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Frank Ricciardi You can wear the ACUs fully if you wish and are only breaking any laws if you are wearing them with the following a US military unit patch, US military rank or insignia, or any combination that would give a person the impression that you are currently acting on behalf of the united states military. As said by many people in this thread current and former military could take differing levels of offense to this and not just because you didn't earn it. Basically as long as you do not imply either by action, wear or statement that you are affiliated with the military, and you do not take advantage of anything meant for the military i.e. military discounts you are legal.
One quick note about you statement of You falling under the first amendment, If you do wear ACUs within the legal limitations and you are confronted by a soldier that is offended I would not suggest using this as an excuse.
One quick note about you statement of You falling under the first amendment, If you do wear ACUs within the legal limitations and you are confronted by a soldier that is offended I would not suggest using this as an excuse.
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Evan MacKenzie
I had a question about this. I have a very good friend who entered as a private and 40 years later retired as a Colonel. He recently gave us me some of his old gear, (jackets, pants, boots, wallet, alice pack, ruck, bandana, undershirt, etc.) would some who are currently serving or did serve in the past take offense at the fact that I wear the pants and boots? and sometimes the undershirt?
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Its only a uniform when worn by those authorised to wear it as such, to others its funny looking clothing.
Its not what you wear,,, its what you represent... if you represent yourself as a service member for profit or gain while wearing the clothing,,, then you have an issue
Its not what you wear,,, its what you represent... if you represent yourself as a service member for profit or gain while wearing the clothing,,, then you have an issue
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SGM Erik Marquez
Actually I don’t but thank you for the suggestion
Please cite for us the last person charged and convicted of violating title 10 code 771
Yes code that dates back to 1956 which has never been used in modern history does still exist on the books
much like kissing your horse is against the law in four states still pretty sure nobody’s been arrested and convicted of that one either
Sorry were discussing actual reality here.
And reality is no prosecutor or district attorney is to go out after anybody under title 10 code 771 or 772
Seen as even those that of been prosecuted for stolen valor no prosecutor or DA has used title 10 code 771 or 772 kind of implies it’s not valid even if it’s on the books otherwise it would’ve been used now wouldn’t it
Please cite for us the last person charged and convicted of violating title 10 code 771
Yes code that dates back to 1956 which has never been used in modern history does still exist on the books
much like kissing your horse is against the law in four states still pretty sure nobody’s been arrested and convicted of that one either
Sorry were discussing actual reality here.
And reality is no prosecutor or district attorney is to go out after anybody under title 10 code 771 or 772
Seen as even those that of been prosecuted for stolen valor no prosecutor or DA has used title 10 code 771 or 772 kind of implies it’s not valid even if it’s on the books otherwise it would’ve been used now wouldn’t it
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Ernie Urban
I have a question for this thread. What about the Militia groups? Most wear Woodland, but some groups are adopting Multicam uniforms for Training.
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Chad Ramey
Ernie Urban yeah my question is there are 2 patterns of multicam one ocp scorpion and the other just Multicam and that was around before the military ever used it. So if the wear just multicam that's not army authorized who cares if the put rank ?
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Depends on what you are trying to do...they make excellent work clothing, wear like iron (my Services Do). Make sure the name of taken off and any other patches. You want to stir the pot keep saying First Amendment. Some Retired Military folks just might remove them from your person by exercising their First Amendment rights. First amendment does not apply to wearing military clothing, and in short order I am hopeful it will also apply to anyone wearing a military medal or award who in fact was not awarded it. This is a slippery slope if you want to go down that rabbit hole.
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Serving as a Hospital Corpsman with VF-33 I was called at the dispensary where I worked to come down to the hanger bay to get my foul weather coat in preparation for a deployment aboard the USS America to the North Atlantic. Having arrive at the hanger bay I see an Army deuce and a half loaded with M65 Field Jackets. The Chief told me to take as many as I wanted but remove the US Army Patch above the chest pocket. Well I took two, liners and all, removed the patch and still have one of them tucked away in a closet. They work well in the Kansas winters that I now face in my life. Wear what you choose to wear as I always told my Officers that were assigned to me in the Nuclear world of Security as long as it keeps you warm and is presentable underneath your assigned duty clothing.
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I think this has got to be one of the most stupid discussions the military has had in many years. No offense to those in this discussion but who the hell cares if someone wears BDU uniforms as long as they aren't wearing patches such as the Ranger Tab for instance. Some people take this particular thing to serious. I can see if it is a blatant case of Stolen Valor, but to say that someone shouldn't wear a uniform that is no longer in use is crazy. Maybe that person likes wearing those uniforms for hunting or just feel comfortable wearing them. Whatever their feelings are I thought we lived in a free society.
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Sir, all versions of the Military uniform since the BDU has great utility, comfortable fit, ample pockets for any number of items and breathable material. As long as civilians do not represent themselves as Soldiers they are fine. Without the name tapes, badges and patches it is simply clothing.
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SMSgt Lawrence McCarter
I agree and after removing all the insignia etc. I gave an old woodland camouflage jacket to My son as its warm and good for doing outdoor work in the cold which He does. its an obsolete pattern anyway and with His beard, blue jeans, civilian hat, work boots etc. no way does it look like a uniform.
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I have a similar question to this one. My grandpa gave me some of his old Army gear, and I want to know if it’s illegal for me wear it while it his old patches on it.
I have no intentions of any tangible or monetary benefits whatsoever, I’m not a very greedy person, I’m purely wearing it to show my respect for him and those in my family who served and who are still serving.
I have no intentions of any tangible or monetary benefits whatsoever, I’m not a very greedy person, I’m purely wearing it to show my respect for him and those in my family who served and who are still serving.
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I am in the army so if you not in the army you can't wear the ACU or the army service uniform
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