
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC772]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 45--THE UNIFORM
 
Sec. 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, 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 35; Pub. L. 99-145, title XIII, 
Sec. 1301(a)(1), Nov. 8, 1985, 99 Stat. 735; Pub. L. 101-189, div. A, 
title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104-
201, div. A, title V, Sec. 551(b), Sept. 23, 1996, 110 Stat. 2525.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
772(a)................................  10:1393 (words before 1st semicolon  Ju
ne 3, 1916, ch. 134, Sec.  12
                                         of 1st proviso of 1st par.).         (
words before 4th semicolon, and
                                        10:1393 (15th through 18th words      w
ords after 7th semicolon, of 1st
772(b)................................   after 1st semicolon of 1st proviso   p
roviso of 1st par.; and last
                                         of 1st par.).                        p
roviso of last par.), 39 Stat.
                                        10:1023 (1st sentence).               2
16; July 9, 1918, ch. 143, subch.
                                        34:43g(i).                            X
VII, Sec.  10 (last proviso), 40
772(c)................................  34:389 (less 1st and 3d sentences).   S
tat. 892; June 4, 1920, ch. 228,
                                        10:1393 (words between 3d and 4th     S
ec.  8, 41 Stat. 836; June 6,
                                         semicolons of 1st proviso of 1st     1
942, ch. 382, 56 Stat. 328; May
                                         par.).                               2
4, 1949, ch. 139, Sec.  15(b)
772(d)................................  10:1028b.                             (
last proviso), 63 Stat. 91; July
                                        10:1393 (words between 2d and 3d      6
, 1953, ch. 180, Sec.  1, 67
                                         semicolons of 1st proviso of 1st     S
tat. 140.
772(e)................................   par.).


                                        34:399d.                             R.
S. 1256 (1st sentence).
772(f)................................  10:1393 (words between 8th and 9th   R.
S. 1457 (less 1st and 3d
                                         semicolons of 1st proviso of 1st     s
entences); May 5, 1950, ch. 169,
                                         par.).                               S
ec.  14(f), 64 Stat. 147.
772(g)................................  10:1393 (last proviso of last        Ap
r. 16, 1947, ch. 38, Sec.
                                         par.).                               2
07(j), 61 Stat. 50; as
772(h)................................  10:1393 (words between 7th and 8th    r
edesignated (i); Aug. 7, 1947,
                                         semicolons of 1st proviso of 1st     c
h. 512, Sec.  434(d), 61 Stat.
                                         par.).                               8
82.
772(i)................................  10:1393 (words after 9th semicolon   Ju
ne 21, 1930, ch. 563, Sec.  2;
                                         of 1st proviso of 1st par.).         r
estated Aug. 4, 1949, ch. 393,
                                        10:1393 (words between 1st and 2d     S
ec.  12, 63 Stat. 559; July 6,
772(j)................................   semicolons of 1st proviso of 1st     1
953, ch. 180, Sec.  2, 67 Stat.
                                         par., less 15th through 18th         1
40.
                                         words).
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---------------------------------

    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.


                               Amendments

    1996--Subsec. (h). Pub. L. 104-201 inserted before period at end 
``if the wear of such uniform is specifically authorized under 
regulations prescribed by the Secretary of the military department 
concerned''.
    1989--Subsec. (g). Pub. L. 101-189 substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration''.
    1985--Subsec. (c). Pub. L. 99-145 struck out provisions relating to 
a retired officer of the Navy Nurse Corps.

  Ex. Ord. No.  10554. Delegation of Authority To Prescribe Regulations

    Ex. Ord. No. 10554, Aug. 18, 1954, 19 F.R. 5295, provided:
    The authority vested in the President (1) by section 125 of the act 
of June 3, 1916, 39 Stat. 216, as amended by the first section of the 
act of July 6, 1953, 67 Stat. 140, and (2) by section 2 of the act of 
June 21, 1930, 46 Stat. 793, as amended by section 2 of said act of July 
6, 1953, to prescribe regulations authorizing occasions upon which the 
uniform may be worn by persons who have served honorably in the armed 
forces of the United States in time of war is hereby delegated to the 
Secretary of Defense so far as it pertains to the uniforms of the Army, 
Navy, Air Force, and Marine Corps, and to the Secretary of the Treasury 
so far as it pertains to the uniform of the Coast Guard.
                                                   Dwight D. Eisenhower.

                  Section Referred to in Other Sections

    This section is referred to in sections 771a, 4621, 6156, 7606, 9621 
of this title.
