CHAPTER 45 —THE UNIFORM
Editorial Notes
Amendments
2011—
1996—
1992—
1987—
1968—
Statutory Notes and Related Subsidiaries
Requirements Relating to Reduction of Out-Of-Pocket Costs of Members of the Armed Forces for Uniform Items
"(a)
"(1) estimating the rate at which such uniform items are replaced;
"(2) determining the resulting out-of-pocket costs for such members over time;
"(3) determining the necessity of establishing a uniform replacement allowance for officers of the Armed Forces, based on the replacement rate estimated pursuant to paragraph (1) and the out-of-pocket costs determined pursuant to paragraph (2); and
"(4) determining the adequacy of the uniform allowance for enlisted members of the Armed Forces.
"(b)
"(1) pricing information for each such item, including items that are not considered uniquely military; and
"(2) an assessment of the necessity of establishing a uniform replacement allowance for officers of the Armed Forces, as determined pursuant to subsection (a)(3)."
Pilot Program for Temporary Issuance of Maternity-Related Uniform Items
"(a)
"(1) The Director shall maintain a stock of each type of maternity-related uniform item determined necessary by the Secretary concerned, including service uniforms items, utility uniform items, and other items relating to the command and duty assignment of the member requiring issuance.
"(2) The Director shall ensure that such items have not been treated with the chemical permethrin.
"(3) The Director, in coordination with the Secretary concerned, shall determine a standard number of maternity-related uniform items that may be issued per member.
"(4) The Secretary concerned shall ensure that any member receiving a maternity-related uniform item returns such item to the relevant office established under paragraph (1) on the date on which the Secretary concerned determines the member no longer requires such item.
"(5) The Secretary concerned shall inspect, process, repair, clean, and re-stock items returned by a member pursuant to paragraph (4) for re-issuance from such relevant office.
"(6) The Director, in coordination with the Secretaries concerned, may issue such guidance and regulations as necessary to carry out the pilot program.
"(b)
"(c)
"(1) For each year during which the pilot program was carried out, the number of members of the Armed Forces who received a maternity-related uniform item under the pilot program.
"(2) An overview of the costs associated with, and any savings realized by, the pilot program, including a comparison of the cost of maintaining a stock of maternity-related uniform items for issuance under the pilot program versus the cost of providing allowances to members for purchasing such items.
"(3) A recommendation on whether the pilot program should be extended after the date of termination under subsection (b) and whether legislation is necessary for such extension.
"(4) Any other matters that the Secretary of Defense determines appropriate."
Functional Badge or Insignia Upon Commission for Chaplains
Notification Requirements Relating to Changes to Uniform of Members of the Uniformed Services
"(a)
"(b)
Revised Policy on Ground Combat and Camouflage Utility Uniforms
"(a)
"(b)
"(1) the new design or fabric is a combat or camouflage utility uniform or family of uniforms that will be adopted by all Armed Forces;
"(2) the Secretary adopts a uniform already in use by another Armed Force; or
"(3) the Secretary of Defense grants an exception based on unique circumstances or operational requirements.
"(c)
"(1) prohibiting the development of combat and camouflage utility uniforms and families of uniforms for use by personnel assigned to or operating in support of the unified combatant command for special operations forces described in
"(2) prohibiting engineering modifications to existing uniforms that improve the performance of combat and camouflage utility uniforms, including power harnessing or generating textiles, fire resistant fabrics, and anti-vector, anti-microbial, and anti-bacterial treatments;
"(3) prohibiting the Secretary of a military department from fielding ancillary uniform items, including headwear, footwear, body armor, and any other such items as determined by the Secretary;
"(4) prohibiting the Secretary of a military department from issuing vehicle crew uniforms;
"(5) prohibiting cosmetic service-specific uniform modifications to include insignia, pocket orientation, closure devices, inserts, and undergarments; or
"(6) prohibiting the continued fielding or use of pre-existing service-specific or operation-specific combat uniforms as long as the uniforms continue to meet operational requirements.
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) in cooperation with the commanders of the combatant commands, including the unified combatant command for special operations forces, to establish, by not later than 180 days after the date of the enactment of this Act, joint criteria for combat and camouflage utility uniforms and families of uniforms, which shall be included in all new requirements documents for such uniforms;
"(B) to continually work together to assess and develop new technologies that could be incorporated into future combat and camouflage utility uniforms and families of uniforms to improve war fighter survivability;
"(C) to ensure that new combat and camouflage utility uniforms and families of uniforms meet the geographic and operational requirements of the commanders of the combatant commands; and
"(D) to ensure that all new combat and camouflage utility uniforms and families of uniforms achieve interoperability with all components of individual war fighter systems, including body armor, organizational clothing and individual equipment, and other individual protective systems."
Policy on Ground Combat and Camouflage Utility Uniforms
§771. Unauthorized wearing prohibited
Except as otherwise provided by law, no person except a member of the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, may wear—
(1) the uniform, or a distinctive part of the uniform, of the Army, Navy, Air Force, Marine Corps, or Space Force; or
(2) a uniform any part of which is similar to a distinctive part of the uniform of the Army, Navy, Air Force, Marine Corps, or Space Force.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 771 | 10:1393 (1st par., less provisos). | June 3, 1916, ch. 134, §125 (1st par., less provisos), |
The words "Except as otherwise provided by law" are inserted to give effect to exceptions in other revised sections of this title and to provisions of other laws giving such organizations as the Coast and Geodetic Survey and the Public Health Service permission to wear military uniforms under certain conditions.
Editorial Notes
Amendments
2021—
§771a. Disposition on discharge
(a) Except as provided in subsections (b) and (c), when an enlisted member of an armed force is discharged, the exterior articles of uniform in his possession that were issued to him, other than those that he may wear from the place of discharge to his home under
(b) When an enlisted member of an armed force is discharged for bad conduct, undesirability, unsuitability, inaptitude, or otherwise than honorably—
(1) the exterior articles of uniform in his possession shall be retained for military use;
(2) under such regulations as the Secretary concerned prescribes, a suit of civilian clothing and an overcoat when necessary, both to cost not more than $30, may be issued to him; and
(3) if he would be otherwise without funds to meet his immediate needs, he may be paid an amount, fixed by the Secretary concerned, of not more than $25.
(c) When an enlisted member of the Army National Guard or the Air National Guard who has been called into Federal service is released from that service, the exterior articles of uniform in his possession shall be accounted for as property issued to the Army National Guard or the Air National Guard, as the case may be, of the State or territory, Puerto Rico, or the District of Columbia of whose Army National Guard or Air National Guard he is a member, as prescribed in
(Added
Editorial Notes
Amendments
1988—Subsec. (c).
§772. 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, Marine Corps, or Space Force 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, Marine Corps, or Space Force 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, Marine Corps, or Space Force 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, Marine Corps, or Space Force, 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, Marine Corps, or Space Force, 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 or Space Force school may wear the appropriate aviation or space badges of the Air Force or Space 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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 772(a) 772(b) 772(c) 772(d) 772(e) |
10:1393 (words before 1st semicolon of 1st proviso of 1st par.). 10:1393 (15th through 18th words after 1st semicolon of 1st proviso of 1st par.). 10:1023 (1st sentence). 34:43g(i). 34:389 (less 1st and 3d sentences). 10:1393 (words between 3d and 4th semicolons of 1st proviso of 1st par.). 10:1028b. 10:1393 (words between 2d and 3d semicolons of 1st proviso of 1st par.). |
June 3, 1916, ch. 134, §12 (words before 4th semicolon, and words after 7th semicolon, of 1st proviso of 1st par.; and last proviso of last par.), |
| 34:399d. | R.S. 1256 (1st sentence). | |
| 772(f) | 10:1393 (words between 8th and 9th semicolons of 1st proviso of 1st par.). | R.S. 1457 (less 1st and 3d sentences); May 5, 1950, ch. 169, §14(f), |
| 772(g) 772(h) |
10:1393 (last proviso of last par.). 10:1393 (words between 7th and 8th semicolons of 1st proviso of 1st par.). |
Apr. 16, 1947, ch. 38, §207(j), |
| 772(i) 772(j) |
10:1393 (words after 9th semicolon of 1st proviso of 1st par.). 10:1393 (words between 1st and 2d semicolons of 1st proviso of 1st par., less 15th through 18th words). |
June 21, 1930, ch. 563, §2; restated Aug. 4, 1949, ch. 393, §12, |
In subsections (a), (b), (d), (f), (g), (h), (i), and (j), the rules stated in the corresponding clauses of the first proviso of the first paragraph, and the last proviso of the last paragraph, of 10:1393, are restated to make positive the authority of the persons described in those subsections to wear the uniform prescribed for the appropriate organization or activity.
In subsection (c), the words "bear the title", in 34:43g(i), applicable only to retired officers of the Navy Nurse Corps, are made applicable to other retired officers, to make explicit what has heretofore been implicit, that a retired officer may continue to bear the title of his retired grade.
In subsection (e), the words between the second and third semicolons of the first proviso of the first paragraph of 10:1393 are omitted as superseded by 10:1028b and 34:399d, which authorize the wearing of the uniform by members who are discharged honorably or under honorable conditions. The words "when authorized by regulations prescribed by" are substituted for the words "occasions authorized by regulations of".
In subsection (f), the words "while portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production" are substituted for the words "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".
In subsection (g), the word "resident" is substituted for the word "members", since the word "members" related to members of the now disbanded National Home for disabled volunteer soldiers to which were admitted "members" of an organization called the "Disabled Volunteer Soldiers". The words "veterans' home" are substituted for the words "national home for veterans", since there are now no "national homes" administered by the Veterans' Administration.
In subsection (h), the words "authorized and" and "for wear during such course of instruction" are omitted as surplusage. The word "naval" is omitted as covered by the word "military". The words "Army, Navy, Air Force, or Marine Corps" are substituted for the words "military or naval authorities". The words "that armed force" are substituted for the words "such military or naval authorities".
In subsection (i), the words "Air Force school" are substituted for the words "Air Force advanced flying schools or Air Force service schools". The words "in such manner" are omitted as surplusage.
Editorial Notes
Constitutionality
For information regarding the constitutionality of certain provisions of this section as enacted by act Aug. 10, 1956, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Amendments
2023—Subsec. (i).
2021—
1996—Subsec. (h).
1989—Subsec. (g).
1985—Subsec. (c).
Executive Documents
Ex. Ord. No. 10554. Delegation of Authority To Prescribe Regulations
Ex. Ord. No. 10554, Aug. 18, 1954, 19 F.R. 5295, as amended by Ex. Ord. No. 13286, §77, Feb. 28, 2003, 68 F.R. 10631, provided:
The authority vested in the President (1) by section 125 of the act of June 3, 1916,
§773. When distinctive insignia required
(a) A person for whom one of the following uniforms is prescribed may wear it, if it includes distinctive insignia prescribed by the Secretary of the military department concerned to distinguish it from the uniform of the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be:
(1) The uniform prescribed by the university, college, or school for an instructor or member of the organized cadet corps of—
(A) a State university or college, or a public high school, having a regular course of military instruction; or
(B) an educational institution having a regular course of military instruction, and having a member of the Army, Navy, Air Force, Marine Corps, or Space Force as instructor in military science and tactics.
(2) The uniform prescribed by a military society composed of persons discharged honorably or under honorable conditions from the Army, Navy, Air Force, Marine Corps, or Space Force to be worn by a member of that society when authorized by regulations prescribed by the President.
(b) A uniform prescribed under subsection (a) may not include insignia of grade the same as, or similar to, those prescribed for officers of the Army, Navy, Air Force, Marine Corps, or Space Force.
(c) Under such regulations as the Secretary of the military department concerned may prescribe, any person who is permitted to attend a course of instruction prescribed for members of a reserve officers' training corps, and who is not a member of that corps, may, while attending that course of instruction, wear the uniform of that corps.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 773(a) 773(b) |
10:1393 (words between 4th and 7th semicolons of 1st proviso, and 2d proviso, of 1st par.). 10:1393 (last proviso of 1st par.). |
June 3, 1916, ch. 134, §125 (words between 4th and 7th semicolons of 1st proviso, and 2d and last provisos, of 1st par.), |
In subsection (a), the word "mark" is omitted as surplusage.
In subsection (a)(2), the words "persons discharged honorably or under honorable conditions from" are substituted for the words "entirely of honorably discharged officers or enlisted men, or both, of". The words "Regular or Volunteer" are omitted as surplusage. The words "when authorized by regulations prescribed by" are substituted for the words "upon occasions authorized by regulations of".
Editorial Notes
Amendments
2021—Subsecs. (a), (b).
1958—Subsec. (c).
§774. Religious apparel: wearing while in uniform
(a)
(b)
(1) in circumstances with respect to which the Secretary determines that the wearing of the item would interfere with the performance of the member's military duties; or
(2) if the Secretary determines, under regulations under subsection (c), that the item of apparel is not neat and conservative.
(c)
(d)
(Added
Editorial Notes
Prior Provisions
A prior section 774 was renumbered
Statutory Notes and Related Subsidiaries
Regulations
§775. Issue of uniform without charge
(a)
(1) A member who is being repatriated after being held as a prisoner of war.
(2) A member who is being treated at or released from a medical treatment facility as a consequence of being wounded or injured during military hostilities.
(3) A member who, as a result of the member's duties, has unique uniform requirements.
(4) Any other member, if the Secretary concerned determines, under exceptional circumstances, that the issue of the uniform to that member would significantly benefit the morale and welfare of the member and be advantageous to the armed force concerned.
(b)
(Added
Editorial Notes
Prior Provisions
A prior section 775 was renumbered
§776. Applicability of chapter
This chapter applies in—
(1) the United States;
(2) the territories, commonwealths, and possessions of the United States; and
(3) all other places under the jurisdiction of the United States.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 774 | 10:1393 (less 1st and last pars.). | June 3, 1916, ch. 134, §125 (less 1st and last pars.), |
The words "the Canal Zone, Guam, American Samoa, and the Virgin Islands as well as to * * * other" are omitted as covered by the words "possessions, and all other places under its jurisdiction".
Editorial Notes
Amendments
1992—
1987—
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
§777. Wearing of insignia of higher grade before promotion (frocking): authority; restrictions
(a)
(b)
(1) the Senate has given its advice and consent to the appointment of the officer to that grade;
(2) the officer is serving in, or has received orders to serve in, a position for which that grade is authorized; and
(3) in the case of an officer selected for promotion to a grade above colonel or, in the case of an officer of the Navy, a grade above captain—
(A) authority for that officer to wear the insignia of that grade has been approved by the Secretary of Defense (or a civilian officer within the Office of the Secretary of Defense whose appointment was made with the advice and consent of the Senate and to whom the Secretary delegates such approval authority); and
(B) the Secretary of Defense has submitted to Congress a written notification of the intent to authorize the officer to wear the insignia for that grade.
(c)
(A) be paid the rate of pay provided for an officer in that grade having the same number of years of service as that officer; or
(B) assume any legal authority associated with that grade.
(2) The period for which an officer wears the insignia of the next higher grade under such authority may not be taken into account for any of the following purposes:
(A) Seniority in that grade.
(B) Time of service in that grade.
(d)
(2) The number of officers of an armed force on the active-duty list, or for the Space Force, the Space Force officer list, who are authorized as described in subsection (a) to wear the insignia for a grade to which a limitation on total number applies under
(Added
Editorial Notes
Amendments
2023—Subsec. (d)(2).
2011—Subsec. (b)(3)(B).
2006—Subsec. (a).
Subsec. (d)(1).
Subsec. (d)(2), (3).
2004—Subsec. (d).
2003—Subsec. (b)(3).
1999—Subsec. (d)(1).
"(A) During fiscal years 1996 and 1997, 75.
"(B) During fiscal year 1998, 55.
"(C) After fiscal year 1998, 35."
1997—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Temporary Variation of Limitations on Numbers of Frocked Officers
§777a. Wearing of insignia of higher grade before appointment to a grade above major general or rear admiral (frocking): authority; restrictions
(a)
(b)
(1) the Senate has given its advice and consent to the appointment of the officer to that grade;
(2) the officer has received orders to serve in a position outside the military department of that officer for which that grade is authorized;
(3) the Secretary of Defense (or a civilian officer within the Office of the Secretary of Defense whose appointment was made with the advice and consent of the Senate and to whom the Secretary delegates such approval authority) has given approval for the officer to wear the insignia for that grade before assuming the duties of a position for which that grade is authorized; and
(4) the Secretary of Defense has submitted to Congress a written notification of the intent to authorize the officer to wear the insignia for that grade.
(c)
(A) be paid the rate of pay provided for an officer in that grade having the same number of years of service as that officer; or
(B) assume any legal authority associated with that grade.
(2) The period for which an officer wears the insignia of a higher grade under such authority may not be taken into account for any of the following purposes:
(A) Seniority in that grade.
(B) Time of service in that grade.
(d)
(Added