10 U.S.C. § 771a — Disposition on discharge

Page 690 TITLE 10—ARMED FORCES § 771 ‘‘(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 re- quirements. ‘‘(c) EXCEPTIONS.—Nothing in subsection (b) shall be construed as— ‘‘(1) prohibiting the development of combat and camouflage utility uniforms and families of uniforms for use by personnel assigned to or operating in sup- port of the unified combatant command for special operations forces described in section 167 of title 10, United States Code; ‘‘(2) prohibiting engineering modifications to exist- ing uniforms that improve the performance of com- bat and camouflage utility uniforms, including power harnessing or generating textiles, fire resistant fab- rics, and anti-vector, anti-microbial, and anti-bac- terial treatments; ‘‘(3) prohibiting the Secretary of a military depart- ment from fielding ancillary uniform items, includ- ing headwear, footwear, body armor, and any other such items as determined by the Secretary; ‘‘(4) prohibiting the Secretary of a military depart- ment 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) REGISTRATION REQUIRED.—The Secretary of a military department shall formally register with the Joint Clothing and Textiles Governance Board all uni- forms in use by an Armed Force under the jurisdiction of the Secretary and all such uniforms planned for use by such an Armed Force. ‘‘(e) LIMITATION ON RESTRICTION.—The Secretary of a military department may not prevent the Secretary of another military department from authorizing the use of any combat or camouflage utility uniform or family of uniforms. ‘‘(f) GUIDANCE REQUIRED.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall issue guidance to imple- ment this section. ‘‘(2) CONTENT.—At a minimum, the guidance re- quired by paragraph (1) shall require the Secretary of each of the military departments— ‘‘(A) in cooperation with the commanders of the combatant commands, including the unified com- batant 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 com- bat and camouflage utility uniforms and families of uniforms, which shall be included in all new re- quirements documents for such uniforms; ‘‘(B) to continually work together to assess and develop new technologies that could be incor- porated 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 camou- flage utility uniforms and families of uniforms achieve interoperability with all components of in- dividual war fighter systems, including body armor, organizational clothing and individual equipment, and other individual protective systems.’’ POLICY ON GROUND COMBAT AND CAMOUFLAGE UTILITY UNIFORMS Pub. L. 111–84, div. A, title III, § 352, Oct. 28, 2009, 123 Stat. 2262, related to policy on ground combat and cam- ouflage utility uniforms, prior to repeal by Pub. L. 113–66, div. A, title III, § 352(g), Dec. 26, 2013, 127 Stat. 743. § 771. Unauthorized wearing prohibited Except as otherwise provided by law, no per- son 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, 70A Stat. 34; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(N), Jan. 1, 2021, 134 Stat. 3821.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 771 .......... 10:1393 (1st par., less pro- visos). June 3, 1916, ch. 134, § 125 (1st par., less provisos), 39 Stat. 216. 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—Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’ wherever appear- ing. § 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 section 772(d) of this title, shall be retained for military use. (b) When an enlisted member of an armed force is discharged for bad conduct, undesir- ability, 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 cloth- ing 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 Na- tional 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 Co- Page 691 TITLE 10—ARMED FORCES § 772 lumbia of whose Army National Guard or Air National Guard he is a member, as prescribed in section 708 of title 32. (Added Pub. L. 90–235, § 8(1)(A), Jan. 2, 1968, 81 Stat. 763; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059.) Editorial Notes AMENDMENTS 1988—Subsec. (c). Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. § 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 pro- duction 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 Af- fairs may wear such uniform as the Secretary of the military department concerned may pre- scribe. (h) While attending a course of military in- struction 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 for- eign 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 cat- egory: (1) Members of the Boy Scouts of America. (2) Members of any other organization des- ignated by the Secretary of a military depart- ment. (Aug. 10, 1956, ch. 1041, 70A Stat. 35; Pub. L. 99–145, title XIII, § 1301(a)(1), Nov. 8, 1985, 99 Stat. 735; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104–201, div. A, title V, § 551(b), Sept. 23, 1996, 110 Stat. 2525; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(O), Jan. 1, 2021, 134 Stat. 3821; Pub. L. 118–31, div. A, title XVII, § 1741(b)(2), Dec. 22, 2023, 137 Stat. 680.) HISTORICAL AND REVISION NOTES 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 pro- viso of 1st par.). 10:1393 (15th through 18th words after 1st semi- colon 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 semi- colon, and words after 7th semicolon, of 1st proviso of 1st par.; and last proviso of last par.), 39 Stat. 216; July 9, 1918, ch. 143, subch. XVII, § 10 (last pro- viso), 40 Stat. 892; June 4, 1920, ch. 228, § 8, 41 Stat. 836; June 6, 1942, ch. 382, 56 Stat. 328; May 24, 1949, ch. 139, § 15(b) (last proviso), 63 Stat. 91; July 6, 1953, ch. 180, § 1, 67 Stat. 140. 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), 64 Stat. 147. 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), 61 Stat. 50; as redesignated (i); Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882. 772(i) ....... 772(j) ....... 10:1393 (words after 9th semicolon of 1st pro- viso 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, 63 Stat. 559; July 6, 1953, ch. 180, § 2, 67 Stat. 140. 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 ap- propriate 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 offi- cers, to make explicit what has heretofore been im- plicit, 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 para- graph 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 mem- ber 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’’ re- lated 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 vet- erans’’, since there are now no ‘‘national homes’’ ad- ministered by the Veterans’ Administration.