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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