I have to agree that the Marine should not have been punished, but solely because this is an unfair application of the regulation. That is, for many years it has been the practice that removal of insignia made a military uniform “just clothes”.
This came about because of the sale of enormous amounts of surplus military clothing for civilian use.
Plus, there is the additional problem that there is a consensus that especially decorated combat veterans should be allowed to wear their old uniforms for any number of public occasions.
And though these Marines might be subject to recall, since they were not on active duty *and* made the standard gesture of removing all insignia, accepted as compliance with the rules, they should not be held accountable.
On appeal, it should be overturned. But the appellate authority, if it chooses to do so, should publish that the rules have been changed, and that the policy will now be enforced.
This will also have to be determined individually by the other military branches, unless a Pentagon determination is made, or a directive issued by the SecDef.
Was he in the IRR? Yup - but was he paid? Nope.
Did he report for drill? Nope.
Does he have a DD form 214 in possession? I suspect that answer is yes.
The cat was no more in the Crotch then I was in the Army while the draft was active. The IRR is a contact option for the Corps to recall trained employees (yah, I know) - not everyone on IRR is recalled. UCMJ doesn't apply IMO.
Sorry - points go to the First Amendment.