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CHAPTER 37

UNIFORM

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Army uniform :

Cadet corps uniform, 2153,
To be prescribed by President, 2146.jku National Guard uniform, 2154,
Discrimination against persons wearing, Training camp uniform, 2155.
2147.

Veterang' organizations uniform, 2156.
Unlawful wearing, 2148.

Uniform of Boy Scouts and similar organizaWearing authorized :

tions, 2157. By actors, 2149.

Uniform of foreign nations, 2158. By discharged officers, 2150.

Uniform of National Home for Disabled VolBy discharged enlisted men, 2151.

unteer Soldiers, 2159. By retired officers, 2152. 2146. Army uniform; to be prescribed by the President.-The President may prescribe the uniform of the Army.

R. 8. 1296; 10 U, S. C. 1391. 2147. Army uniform; discrimination against persons wearing.That hereafter. no proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, the District of Alaska or insular possession of the United States, shall make, or cause to be made, any discrimination against any person lawfully wearing the uniform of the Army, Navy, Revenue Cutter Service, or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrimination shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars. "Act of Mar. 1, 1911 (36 Stat. 963); 18 U.S. C. 523.

By act of Jan, 28, 1916 (38 Stat. 800), the Revenue Cutter Service was made a part of the Coast Guard.

2148. Army uniform; unlawful wearing.-It shall be unlawful for any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps to wear the duly prescribed uniform of the United States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps :

Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $300, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Sec. 125, act of June 3, 1916 (39 Stat. 216); 10 U. 8. C. 1393., For unlawful wearing or sale of badges, medals, etc., see 925, ante.

Notes of Decisions “Duly proscribed uniform.”—Phrase "duly prohibiting civilian from wearing prescribed prescribed uniform" of United States Army uniform of the United States Army by wearwithin statutes prohibiting wearing of such ing fatigue uniform prescribed by Army Bee uniform by civilians held to include any kind ulations, which was suit of blue denim over of uniform prescribed by Army Regulations alls indistinguishable from ordinary overalk (10 U. 8. C. 1393). U. s. r. Krakower (C. C. except that buttons bore words “U. 8. Aragon A., 1936), 86 F. (28) 111.

(10 U. S. C. 1393). Id. Civilian held guilty of violation of statute

136307–40 -62

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2149. Army uniform; wearing by actors.

Provided, That the fore going provision shall not be construed so as to prevent

any person from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater or in moving-picture films while actually engaged in representing therein a military or naval character not tending to bring discredit or reproach upon the United States Army, Navy, or Marine Corps : 125, act of June 3, 1916 (39 Stat. 216); 10 U. S. C. 1393.

For provision referred to, see 2148, ante.
2150. Army uniform; wearing by discharged officers.- *

Provided That the foregoing provision shall not be construed so as to prevent persons who in time of war' have served honorably as officers of the United States Army, Navy, or Marine Corps, Regular or Volunteer, and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held by brevet or other commission in such Regular or Volunteer service; *. Sec. 125, act of June 3, 1916 (39 Stat. 216); 10 U. S. C. 1893.

All persons who have served honorably in the Army, Navy, Marine Corps and/or Coast Guard of the United States during war shall, when not in the active military and/or naval service of the United States, be entitled to bear the official title and upon occasions of ceremony, to wear the uniform of the highest grade held by them during their war service. Sec. 2, act of June 21, 1930 (46 Stat. 793); 10 U. 8. C. 10286; 34 U. 8. C. 399d. For provision referred to in first paragraph, see 2148, ante. i

2151. Army uniform; wearing by discharged enlisted men._. Provided, That the foregoing provision shall not be construed so as to prevent

any person who has been honorably discharged from the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing his uniform from the place of his discharge to his home, within three months after the date of such discharge;

Provided, That hereafter, upon the discharge or furlough to the reserve of an enlisted man, all' uniform outer clothing then in his possession, except such articles as he may be permitted to wear from the place of termination of his active service to his home, as authorized by this section, will be retained 'for military use;"

Sec. 125,' act of June 3, 1916 (39 Stat. 216); sec. 10, Ch. XVII, act'of"July 9, 1918" (10 Stat. 891); act of July 3, 1926 (44 Stat. 891); 10' U. 8. C. 1993.

That any person who served in the United States Army, Navy, or Marine Corps in the present war may,' upon honorable discharge and return to civil life, permanently retain one complete suit of outer uniform clothing, ineluding the overcoat, and such articles of personal apparel and equipment as may be authorized, respectively, by the Secretary of War or the Secretary of the Navy.

Provided, That the uniform above referred to shall include some distinctive mark or insignia to be prescribed, respectively, by the Secretary of War or the Secretary of the Navy, such mark or insignia to be issued, respectively, by the War Department or Navy Department to all enlisted personnel so discharged. The word "Navy" shall include the officers and enlisted personnel of the Coast Guard who have served with the Navy, during the present war. Sec. 1, act of Feb. 28, 1919 (40 Stat. 1202); 10 U. 8. C. 1394.

That the provisions of this act shall apply to all persons who served in the United States Army, Navy, or 'Marine Corps during the present war honorably discharged since April sixth, nineteen hundred and seventeen.

Sec. 2, act of Feb. 28, 1919 (40 Stat. 1203); 10 U. S. C. 1394.

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That section 125 of the Act entitled "An Act for making further and more effectual provisions for the national defense, and for other purposes," approved Jude 3, 1916, shall hereafter be in full force and effect as originally enacted, notwithstanding anything contained in the Act entitled "An Act permitting any person who has served in the United States Army, Navy, or Marine Corps in the present war to retain his uniform and personal equipment and to wear the same under certain conditions," approved February 28, 1918: Provided, That the words “or the Secretary of the Navy" shall be inserted immediately after the words "the Secretary of War" wherever those words appear in section 125, of the Act approved June 3, 1916, hereinbefore referred to. Sec. 8, act of June 4, 1920 (41 Stat. 836); 10 U. s. C. 1393,

For provision referred to in first paragraph, see 2148, ante,

The asterisks in second paragriph, supra, indicate omission of the words “and may wear such uniform clothing after such discharge," which were superseded by the last para: graph (J. A. G. 010.3, October 20, 1930, page '101)."

2152. Army uniform; wearing' by retired officers.--Officers retired from active service shall be entitled to wear the uniform of the rank on which they may be retired. * * i R. 8. 1256; 10 U. 8. C. 1023.

The text of this section as published in the 1929 Edition, based on sections 6 and 7, radio act of February 23, 1927_(44 Stat. 1165); 47 U. S. C. 86, 87, was specifically repealed by section 602, communications act of June 19, 1934 (48 Stat. 1102). The subject matter is covered by the latter act, post, 2194a. -, 2153. Cadet corps uniforma* Provided, That the foregoing provision shall not be construed so as to prevent

the instructors and members of the duly organized cadet corps of a State university, State college, or public high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school for wear by the instructors and members of such cadet corps; nor to prevent the instructors and members of the duly organized cadet corps of any other institution of learning offering a regular course in military instruction, and at which an officer or enlisted man of the United States Army, Navy, or Marine Corps is lawfully, detailed for duty as instructor in military science and tactics, from wearing the uniform duly prescribed by the authorities of such institution of learning for wear by the instructors and members of such cadet corps :

Provided further, That the uniform worn by * the instructors and members of the cadet corps referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War or the Secretary of the Navy to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps : 'And provided further, That

the instructors and members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto. Sec. 125, act of June 3, 1916. (39 Stat. 217) ;;sec., 8, act of June 4, 1920 (41 Staț. 836); 10 U. 8. C. 1393.

For provision referred to see 2148, ante, a

The text of this section as published in the 1929 Edition, based on 'sections 6 and 8, radio act of February 23, 1927 (44 Stat. 1165, 1166) ; 47 U. S. C. 86, 88, was specifically repealed by section 602, communications aet of June 19, 1934 (48 Stat. 1102). The subject matter is covered by the latter act, 2104, ante,

2154. National Guard uniform.- * Provided, That the foregoing provision shall not be construed so as to prevent officers or enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed to be worn by such officers or enlisted men of the

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National Guard ;

Provided further, That the uniforms worn by officers or enlisted men of the National Guard * referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War or the Secretary of the Navy to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps: * Sec. 125, act of June 3, 1916 (89 Stat. 216); sec. 8, act of June 4, 1920 (41 Stat. 836); 10 U. 8. C. 1393.

For provision referred to in first paragraph, see 2148, ante. 2155. Training camp uniform.

Provided, That the foregoing prori. sion shall not be construed so as to prevent

civilians attendant upon a course of military or naval instruction authorized and conducted by the military or naval authorities of the United States from wearing, while in attendance upon such course of instruction, the uniform authorized and prescribed by such military or naval authorities for wear during such course of instruction; * Sec. 125, act of June 3, 1916 (39 Stat. 216); 10 U. S. C. 1393.

For provision referred to, see 2148, ante. 2156. Veterans' organizations uniform.

Provided, That the foregoing provision shall not be construed so as to prevent

the members of military societies composed entirely of honorably discharged officers or enlisted men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of ceremony, the uniform duly prescribed by such societies to be worn by the members thereof.

Provided further, That the uniforms worn by * the members of the military societies referred to in the preceding provisó shall include some distinctive mark or insignia to be prescribed by the Secretary of War or the Secretary of the Navy to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps : And provided further, That the members of military societies

hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto.

Sec. 125, act of June 3, 1916 (39 Stat. 216); sec. 8, act of June 4, 1920' (41 Stat. 836); 10 U. 8. O. 1993.

For provision referred to, see 2148, ante.
2157. Uniform of Boy Scouts and similar organizations.-

Provided, That the foregoing provision shall not be construed so as to prevent members of the organization known as the Boy Scouts of America, or the Naval Militia, or such other organizations as the Secretary of War or the Secretary of the Navy may designate, from wearing their prescribed uniforms:

Sec. 125, act of June 3, 1916 (39 Stat. 216); sec. 8, act of June 4, 1920 (41 Stat. 836); 10 U. 8. C. 1393.

For provision referred to, see 2148, ante,

The text of this section as published in the 1929 Edition, based on act of February 4, 1874 (18 Stat. 14), and act of March 7, 1874 (18 Stat. 20); 40 O. 8. C. 28, 29, whlle unrepealed, is omitted as no longer operative, no such telegraph lines being now operated.

2158. Uniform of foreign nations.-That it shall be unlawful for any person, with intent to deceive or mislead, within the United States or Territories, possessions, waters, or places subject to the jurisdiction of the United States, to wear any naval, military, police, or other official uniform, decoration, or regalia of any foreign State, nation, or Government with which the United States is at peace, or any uniform, decoration, or regalia so nearly resembling the same as to be calculated to deceive, unless such wearing thereof be authorized by such State, nation, or Government.

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