Re: Veterans' Salute protocols
Actually, you're both right! (-;
The original amendment to the 2008 Defense Authorization Act was adopted as Public Law 110-181 in January 2008. It changed the section of the code (Section 9 of 4 USC 1) dealing with saluting when the flag is raised, lowered or passing in review. As discussed earlier in this forum, it didn't change the other two sections of the code that dealt with saluting for the national anthem, (36 USC 301(b)(1)) and for the Pledge of Allegiance (4 USC 1 Section 4). This set up an absurd situation, in which vets and service members in civies could use the military salute in some cases, but not in others.
Apparently, somebody noticed the error, because the 2009 Defense Authorization Act, adopted as PL 110-417 in October 2008, made the corresponding change to 36 USC. Now, the code says that vets and members in civies can use the military salute for the national anthem. However, Congress has still not addressed the Pledge of Allegience. Maybe next year they will finally get it right.
However, there's more to the story. Both the Chief of Naval Operations and the Commandant of the Marine Corps have issued direction (CNO message 012345Z Apr 09 and ALMAR 052/08, respectively), stating that Navy and Marine Corps personnel who are not in uniform will not use the military salute in any circumstances. The ALMAR states "By custom and tradition, Marines do not render the hand salute when out of uniform or when uncovered. Let there be no confusion; that has not changed." These military directives do not affect veterans, who are not subject to military regulations, but they do affect active-duty Sailors and Marines who are not in uniform. So far, the other services have not issued corresponding direction as far as I know.
The "flag code" is not enforceable, and the code itself states that it does not apply to the military. However, Congress has muddied the waters by putting what amount to military regulations in the flag code. The military regs issued by the Navy and the Marine Corps are enforceable upon active duty servicepeople, and contradict what Congress has put in the flag code. It will be interesting to see how this plays out (once somebody notices what is going on).
Peter Ansoff
"We live by symbols, and what shall be symbolized by any image of the sight depends upon the mind of him who sees it."
-- Oliver Wendell Holmes, Jr.