VANITY: Does Military Code forbid Candidate pictures in Uniform?

none ^ | 3/9/2007 | Charles

[CharlesWayneCT]

I have a friend running for office in Virginia. He serves in the United States Navy Reserve as a Lieutenant Commander.

He has used pictures of himself in uniform in some of his campaign literature, because he is proud of his service to our country.

But a local blogger is claiming that doing so violates the Uniform Code of Military Justice.

He has never appeared in uniform for any campaign activity -- everybody acknowledges that. It's also clear a person who is retired from the military can use pictures of themselves in military uniforms -- we have ample evidence of that being done by national candidates.

The only question is whether a person still in the reserves is prohibited from using any picture of themsevles in uniform. My reading of the code says no. I can't believe people like Lindsay Graham (also a JAG officer in the reserves) never put a picture of themselves in uniform in any of their campaign literature.

However, I thought I'd ask here because I know there are people on FR that would have a much more authoritative answer than I do.

Thanks

[CharlesWayneCT]

The blogger has also been calling my friend a terrorist and fat, but those are clearly false charges and also I suppose opinions that are hard to "refute". If I could be certain he is lying about the UCMJ, it would be helpful.

[SoldierMedic]

It is to my understanding that it is against UCMJ to be at political rallies or in political ads while in uniform. I don't know for certain, but I would assume that extends to personal political campaigns.

[SoldierMedic]

http://www.maaf.info/downloads/d13341p.pdf

3.1. Members of the Armed Forces (including retired members and members of Reserve components). The wearing of the uniform is prohibited under any of the
following circumstances:

3.1.2. During or in connection with the furtherance of political activities, private employment or commercial interests, when an inference of official sponsorship
for the activity or interest could be drawn.

[highball]

Good find - thanks.

Makes sense, too. The uniform should be above politics, not dragged into it. Even by those with whom we agree.

[CharlesWayneCT]

We are in agreement about wearing the uniform during the campaign.

The question is whether a picture of the candidate in uniform is inappropriate while they are in the reserve.

I should have been clearer -- these aren't pictures of him on the campaign, they are pictures he has from the past in military uniform. I've seen lots of candidates include these kinds of pictures on their web pages (like Bush in his uniform, Kerry's pictures of his military service, Webb's pictures, etc).

The blogger is arguing that these are OK because those men are RETIRED, but if they were still in the reserves that would be prohibited.

I didn't read the rules to prohibit pictures of the candidate being in the military simply because he was still in the military. I'm pretty sure I saw most of the Iraq-war candidates using pictures of themselves in the uniforms.

I've seen police officers use pictures of themselves in police uniforms as well, even though they also can't campaign in uniform.

I understand the prohibition on campaigning while in uniform, because people would interact with you based on the uniform.

But I don't see how that applies to campaign literature showing pictures of people, including the candidate, in military uniform.

[SoldierMedic]

I think it is probably one of those rules that is on the books yet is rarely (If ever) enforced.

[RedsHunter]

I live in a Congressional District that was, at one time, represented by a formal Navy aviator and I distinctly recall that his printed campaign literature, as well as some of his newspaper advertisements, showed a picture of him climbing into the cockpit of a F-4 Phantom while he was wearing a flight suit, which is certainly a variation of a military uniform.

I don't think showing any photograph taken while he was on active duty should be a problem, but you may want to phone up the Legal Affairs Office of one of the local Reserve Districts and ask the question just to be sure the rules haven't changed.

[highball]

I think it's still out of bounds.

Any use of the uniform that may imply an endorsement is prohibited. Seems to me that such an inference is at least *possible* in this case, and as such by my reading of the UCMJ as posted above by SoldierMedic it would not be permitted.

I wouldn't exactly look to John Kerry for an example of ethical campaign behavior.

[CharlesWayneCT]

No, I wouldn't either, but if the rule was applied in that manner I don't know why any use of the pictures ever would be allowed, as the "confusion" of "endorsement" would be the same whether you were active duty or not.

But I do thank you for the opinion.

[SIDENET]

While the wearing of the uniform at a campaign event is a big and obvious no-no, I would be willing to bet that pictures of him in uniform are okay. His service is a matter of public record and I'm sure that he is touting it as one of his qualifications for office.

Of course, I'm not a military lawyer. When in doubt, call your friendly local JAG office.

[highball]

I think it is probably one of those rules that is on the books yet is rarely (If ever) enforced.

Wasn't there that whackjob who protested in front of the White House in uniform, a couple years ago? He got slapped down pretty hard, IIRC.

I think if somebody makes it an issue, they might do something. But you're probably right - too hard for them to really police.

[highball]

the "confusion" of "endorsement" would be the same whether you were active duty or not.

Don't know, except that former servicemen aren't bound by UCMJ, are they?

[SoldierMedic]

http://www.fvap.gov/vao/2006policy.html

This site offers some insight from SecDef, and deals with politics in uniform. It does not mention photos of self in uniform, however, it does seem to present the prohibition on wearing your uniform for political gain.

[rockrr]

I hope you'll do a follow up when you or your friend gets the definitive answer on this.

Oh, and when you decide to "out" him..;'}

[CharlesWayneCT]

Thanks to all of you for your input. I was looking around and found the web site for Patrick Murphy (Democrat, PA) who is active reserve and used military pictures on his web site, like this one:

I hate using a democrat for an example, but certainly if this was a clear violation of the UCMJ the republicans would have been smart enough to go after him for it in this hotly contested election. Being court-marshalled for military violations would certainly have hurt his chances, and I can't imagine some non-military local blogger figured out something that a congressional campaign couldn't figure out.

[rockrr]

With all due respect, I would advise you to keep your thinking logical and clear. There is nothing inconsistent about liberals doing one thing and then criticizing others for the same behavior. hypocrisy, as well as cowardice, are the liberals stock in trade.

Just because no one on the Republican side saw, connected, and reported Mr. Murphy's website content in no way validates the lefty blogger in his condemnation of your candidate's website content. What would validate (or refute) his contention would be to verify from someone in the know (i.e. JAG) what is proper behavior.

In my state (Washington) the Republican party is almost always a day late and a dollar short when it comes to fighting our enemies head-on.

Not to belabor the point but, when in doubt, lawyer up!

[rockrr]

Oh, and I have no problem in using liberals as an example - especially when it illustrates their rank hypocrisy!