Posted on Jun 18, 2020
SrA Joshua Hagler
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How does someone address the possibility of a potential active duty person who is actively in a gang/hate group/terrorist organizations? My friend started dating an airforce active duty firefighter who has a nazi tattoo on his arm, is a skinhead, and has Nazi SS memorabilia all over his apartment. The airforce OSI has told me it is his first amendment right to have that tattoo. I thought having those tattoos barred anyone from joining.
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SPC Joshua Brumley
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Hmm... DoD went after the Army of Northern Virgina Battle Flag with a vengence as well as various other flags. They also took a dim view of of foreign flags hanging in quarters. In MEPS back in the 90s, I met a guy who was forced to get a White Pride tattoo removed before they would consider his enlistment. Why should this Fire Fighter get a pass? IIRC, 1st Amendment rights really don't apply to serving members of the military.
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CSM Darieus ZaGara
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There are issues there. Simply inform your chaplain, 1SG and Company Commander.
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Capt Gregory Prickett
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Why would it? Doesn't he have the same free speech and freedom of association that you do?
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PO1 Cryptologic Technician Collection
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This is interesting. Has there been a ruling on whether or not military tattoo policy is unconstitutional?
There is an interesting article here, starting on page 56: https://www.loc.gov/law/mlr/Military_Law_Review/275085~1.pdf

Anecdotally, I went to boot camp with a guy who had to get a drug tattoo covered up before he could join.
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SPC Kevin Ford
SPC Kevin Ford
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Capt Gregory Prickett I wonder how that works with AF regulations as some freedoms can be curtailed? A1C Chris Pointer Gave us the regulations:

https://static.e-publishing.af.mil/production/1/af_a1/publication/afi36-2903/afi36-2903.pdf

3.4.2
"Tattoos/brands/body markings anywhere on the body that are obscene, commonly associated with gangs, extremist, and/or supremacist organizations, or that advocate sexual, racial, ethnic, or religious discrimination are prohibited in and out of uniform. "

3.4.1.1
"Members who have or receive unauthorized content tattoos/brands/body markings
are required to initiate tattoo/brand/body marking removal/alteration."

I also noticed that the date of the regulation was 20 Jan 2020. I don't know if any of that verbiage appeared before that and question if perhaps there might be some grandfathering in play?
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Capt Gregory Prickett
Capt Gregory Prickett
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SPC Kevin Ford - Those regulations are for the good order and discipline of the service, and can be valid from a uniform appearance basis only. He's still got free speech and association rights.
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SFC Intelligence Analyst
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It's ultimately the commander's discretion: "membership in a white nationalist group "is not prohibited," but "active participation" in the group could lead to an administrative discharge, at a commander's discretion."

https://www.military.com/daily-news/2020/02/12/neo-nazi-group-membership-may-not-get-you-booted-military-officials-say.html
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