As a reminder, active duty personnel are prohibited by DoD Directive 1344.10 paragraph 188.8.131.52 from marching in a partisan political parade regardless of whether they are in uniform or civilian clothes. Reservists not on active duty and retirees may not march in uniform pursuant to paragraph 4.1.4. Reservists not on active duty and retirees may march in civilian clothes provided that they do not otherwise act in a manner that could reasonably give rise to the inference or appearance of official sponsorship, approval, or endorsement.
The directive is a lawful general regulation. Violations of paragraphs 4.1. through 4.5. of the Directive by persons subject to the Uniform Code of Military Justice are punishable under Article 92, “Failure to Obey Order or Regulation.”
In addition, DODI 1334.01, paragraph 3.1.2 prohibits the wearing of the uniform by members of the armed forces (including retired members and members of reserve components) during or in connection with political activities.
You may wish to advise your command regarding this particular event because of the apparent solicitation of active duty personnel.
Joel A. Weger
Department of the Navy
Office of the Assistant General Counsel (Ethics)