44-120 - Protection of the uniform.
§ 44-120. Protection of the uniform.
It shall be unlawful for any person, not an officer, warrant officer orenlisted person in the armed forces of the United States, to wear the dulyprescribed uniform thereof, or any distinctive part of such uniform, or auniform any part of which is similar to a distinctive part of the dulyprescribed uniform of the armed forces of the United States.
The foregoing provision shall not be construed so as to prevent officers,warrant officers or enlisted persons of the National Guard, nor to preventmembers of the organization known as the Boy Scouts of America, or such otherorganizations as the Secretary of Defense may designate, from wearing theirprescribed uniforms; nor to prevent persons who in time of war have servedhonorably as officers of the armed forces of the United States and whose mostrecent service was terminated by an honorable discharge, muster out, orresignation, from wearing, upon occasions of ceremony, the uniform of thehighest grade they have held in such service; nor to prevent any person whohas been honorably discharged from the armed forces of the United States fromwearing his uniform from the place of his discharge to his home, within threemonths after his discharge; nor to prevent the members of military societiescomposed entirely of honorably discharged officers and enlisted persons, orboth, of the armed forces of the United States from wearing, upon occasionsof ceremony, the uniform duly prescribed by such societies to be worn bymembers thereof; nor to prevent the instructors and members of the dulyorganized cadet corps of any educational institution offering a regularcourse in military instruction from wearing the uniform duly prescribed byappropriate respective authority to be worn by instructors and members ofsuch cadet corps; nor to prevent the instructors and members of such dulyorganized cadet corps of such institution of learning offering a regularcourse in military instruction and at which an officer, warrant officer orenlisted person of the armed forces of the United States is lawfully detailedfor duty as instructor in military science and tactics, from wearing theuniform duly prescribed by appropriate authority to be worn by instructorsand members of such cadet corps; nor to prevent civilians attending a courseof military instruction authorized and conducted by the military authoritiesof the United States from wearing while attending such a course the uniformauthorized and prescribed by such military authorities to be worn during suchcourse of instruction; nor to prevent any person from wearing the uniform ofthe armed forces of the United States, in any playhouse or theater or inmotion picture films or television while actually engaged in representingtherein a military character not tending to bring discredit or reproach uponthe armed forces of the United States.
The uniform worn by officers, warrant officers or enlisted persons of theNational Guard, or by members of military societies, or the instructors andmembers of the cadet corps referred to in the preceding paragraph, shallinclude some distinctive mark or insignia approved by the Secretary ofDefense, to distinguish such uniforms from the uniform of the armed forces ofthe United States. The members of the military societies and the instructorsand members of the cadet corps hereinbefore mentioned shall not wear theinsignia of rank prescribed to be worn by the officers of the armed forces ofthe United States, or any insignia of rank similar thereto, unless otherwiseauthorized.
Any person who offends against the provisions of this section shall, onconviction, be punished by a fine not exceeding $100, or by imprisonment notexceeding 30 days, or by both such fine and imprisonment.
(1930, p. 971; Michie Code 1942, § 2673(105); 1958, c. 393.)