# Miliary uniform laws?



## amber.martin (Aug 29, 2010)

I took some boudoir pictures for a friend and she wanted to wear her husbands uniform top, he's military. i didnt mind and they came out fantastic. I asked for her permission to use some of the less risque pictures in my portfolio and she agreed, when i showed her the one of the uniform she told me that was illeagal, the name and the US Air Force tape isnt showing, just the strips on the side... but ive seen other shots taken in a husbands uniform.. is this legal or am i wanting to print a no-no??


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## ann (Aug 29, 2010)

if she doesn't want you to use that specific photo it shouldn't make any difference


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## sobolik (Aug 29, 2010)

I always get a kick out of people that I think are "bragging" about some great conquest by "asking a question"

A  1 minute web search yields:

TITLE 10 > Subtitle A > PART II > CHAPTER 45 > § 772
Prev | Next 

*§ 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.

United States Code: Title 10,772. When wearing by persons not on active duty authorized | LII / Legal Information Institute


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## Ratman667 (Aug 29, 2010)

As far as I can remember, unless it is an officer's uniform, it is not illegal.  

If you wanted to play it safe, you could clone out the rank or any visible military markings.  

Of course, I'm no expert.  You could always call the base's public affairs office and ask.

EDIT: I stand corrected.


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## Josh66 (Aug 29, 2010)

Yes, it is illegal.  I don't really think you would have to worry about being prosecuted though...

United States Code: Title 10,771. Unauthorized wearing prohibited | LII / Legal Information Institute

United States Code: Title 10,772. When wearing by persons not on active duty authorized | LII / Legal Information Institute

You could say that she was an actress though, and then it's fine.  

I think 'Model' & 'Actor/Actress' could probably be interchangeable...


edit
As long as it doesn't make whatever branch it is look bad, I don't think you have anything to worry about.


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## amber.martin (Aug 29, 2010)

Thanks for the REAL advice toward the end guys. 




And Sobolik
This wasnt a form of "bragging" I was unsure for what exactly to look up and therefore thought it would be 1) easier and 2) more inforative to speak with people that have been in this situation. I do not appreciate your comment. but thanks anyway I'll be sure to NOT state my reasoning for wanting information again.



sobolik said:


> I always get a kick out of people that I think are "bragging" about some great conquest by "asking a question"
> 
> A 1 minute web search yields:
> 
> ...


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## peanut170 (Aug 29, 2010)

If shes concerened that its illegal, why is she wearing them for a photo shoot. And any person can go to the army surplus store and buy bout anything military you want. and not sure how the op was bragging, that sounded pretty stupid sobolik. 90% of the questions asked on this forum can be found by searching google, but how many people really do it.


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## vtf (Aug 29, 2010)

The main concern is that the wearer is not misrepresenting themselves as actually being in that service and that rank. If shes concerned have her go to an Army/Navy surplus and get just the uniform without the bars and stripes.


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## Josh66 (Aug 29, 2010)

peanut170 said:


> And any person can go to the army surplus store and buy bout anything military you want.


Yeah, I think this is just a case where there technically _is_ a law about it, but nobody is ever going to try to lock you up over it, lol.

I mean, I can see them actually enforcing it in extreme circumstances, but I think 99% of the time it just won't be worth it to them to go after someone for it.

There are all kinds of stupid laws on the books that never get enforced...


I think you'll be fine as long as you're not using the uniform to make the military look bad.


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## mrsmacdeezy (Aug 29, 2010)

I would at least blank out the last name, and then the rank to be on the safe side. If you were to do that I don't think you'd have too much to worry about. But if you are really concerned, I just wouldn't use them for your portfolio. Esp. since the model seems to be concerned about it. Although I do agree with Peanut, if she was concerned why did she want to wear it for the photoshoot?


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## amber.martin (Aug 30, 2010)

i have no idea.. lol it was her idea to begin with.. its a shame because i did end up liking them... oh well i guess


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## Morpheuss (Aug 30, 2010)

the actual law is that she can't "impersonate" somebody in the military i would say if they have one of his old ones that has been "destroyed" by taking the rank and name off then i would say go ahead and do the shoot like that and it seems like most of those kind of shoots would be personal and I probably wouldn't put the pictures of her in her husbands uniform in your portfolio unless the uniform doesn't have any rank on it just to be safe


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## o hey tyler (Aug 30, 2010)

sobolik said:


> I always get a kick out of people that I think are "bragging" about some great conquest by "asking a question"
> 
> A  1 minute web search yields:



I always get a kick out of people that are "assuming" that someone is "bragging" about some great conquest by "asking a question".


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## KmH (Aug 30, 2010)

amber.martin said:


> I asked for her permission to use some of the less risque pictures in my portfolio and she agreed,


Asking doesn't cut it.

Because the images were made in private, you need the permission *in writing* (it's called a model release) to use *any* image you made of her in your portfolio.

The model release could be written so it applies to _*all*_ the images you made of her, to a single image, or to a list of specific image files.


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## Artrina (Aug 31, 2010)

How much do you value her friendship? If she doesn't want you to use a pix of her in her husbands uniform and you do use it, you may lose her as a friend. And if her husband doesn't want to risk any problems in his career and she didn't sign a release you may have more problems than the pix are worth.


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