Military Uniform Store

Can the military change your discharge after you get out?

My brother served 4 years in the USMC. He went to Iraq and got out when he finished his 4 years in 2006 with an Honorable Discharge. He has since joined the anti-war movement. He was photographed wearing anti-war clothing with camos (wasn't even his camos but his buddy's who passed away and his parents gave them to my brother to wear to protests because they believed that what their son would have done if he was to still be alive) nametag ripped off, unit badges and USMC tag still on there. wore the jacket with jeans and an anti-war tshirt underneath, it did not look like a uniform! Someone recognized him from an anti-war protest photo that made tons of newspapers (including the NYT and washington post) and now the USMC is threating to change his discharge to less than honorable just cause he was wearing camos. Can they do that? They sell the same jackets in all army and navy stores and even seen them at the goodwill. Isnt he a civilian now and is able to practice his free speech?

Public Comments

1. Well if he did 4 years and got out in 2006 then he is still IRR until 2010. However, I seriously doubt that the US Military (any Branch) would go after someone in the IRR just because they were at an anti-war protest, even if they were partially in uniform. Though I do have to wonder why wear a Uniform if you are anti - war?
2. Hmm. Your brother still has time remaining in the IRR, I would presume, so I suppose they could technically change it. Seems like they wouldn't bother with it, however. Tell your brother he is a dirt-bag for me, though, ok? Thanks.
3. It would be wise for him to lay low till his IRR time is complete. Untill then the USMC will still have some say in things and believe it or not if they decide it was fit could activate him make him full blown active duty again and bring him up on charges.
4. well i do have respect for people who join the armed service but i do not have respect for your brother not only has he defaced the USMC he also defaced the him self and your faimly and the USA for joining the anti war movement .why the hell would he join the the USMC for 4 years of his life and then turn around and spit on his fellow service members and the bother hood he joined cause it states once a Marine alway a MArine but now he is with a anti war movement group. and the answer to your quetion is no they can nopt but t he can extend it during anytime durin a war. and to wear some else uniform for a anti war movement is just low and show no respect for the one that has died . and there parents really need to wake up for doing they should hold on to the uniform there son or daughter has wron to fight for america not give them to some who has done what your brother has done. I have servers for 16 yrs in the navy and have been i the 1st gulf war and also there for 9 11 and let me tell u this he is not a true americen and u should never have posted this question here .andf i truly hope there is nothing wrong with him cause the va i bet have seen the pic and when he goes to sigh up for the va they will give him so talking to. 16 years USN and now a Disable navy vet
5. Members of the IRR are subject to the UCMJ. It is also a federal offense to wear the uniform to give the impression you are a active member. There was a similar case in St Louis, not sure of the outcome. In short Yes they can change his "Character of Service" to less than honorable if they choose to. He violated federal law by wearing the uniform when not authorized. he violated the UCMJ by wearing the uniform, wearing the uniform when not authorized, wearing the uniform to a political event, bringing disrespect upon the USMC. He may also be guilty a disobeying an order from a commissioned officer. It is not unusual to received orders in mass and sign a document to acknowledge you have received and understand the order. Very BAD karma!!!! SSG US Army 73-82 Edit: Brendon brought up something I overlooked. The new USMC camo design has the USMC Globe and Anchor. Those, unlike Army ACU and Air Force BDU cannot have all military insignia removed it is part of the "weave". Push come to shove wearing an old Army Green Service Uniform Jacket with the issue buttons is illegal. The Marines have lost thier sense of humor about the wear of thier uniform in a manner that brings "disrespect to the USMC" Read up on Art 92 of the UCMJ. She be a cruel task master matey. Ya don't spit into the wind, ya don't pull the mask of the old Lone Ranger and you are MFing crazy to get a General Officer pissed off at your sorry butt. 3 Stars and zero sense of humor can ruin your day all the way to a DD or the Big Chicken Dinner. Do not drop the soap.
6. It's illegal to wear a military uniform at a public political rally like that--even if worn improperly--if it still has unit insignia or any other identifying paraphenalia on it. That means nametags, service tag (US Army, US Marines, US Navy, US Air Force, etc), medals, rank, unit patch, combat patch, and any other official decorations of any kind. The only legal way to use a uniform or parts of a uniform like that at a rally (and any way you look at it, legal or not, it's tasteless) is if every single actual military item has been REMOVED. If your brother is traipsing around in uniform or partially in uniform with any kind of actual military insignia displayed on the uniform, he's in violation of the UCMJ--and yes, if he's in the IRR, the military can still technically dock him on his DD-214. It's perfectly legal for him to attend political rallies if he wants to. Doing so in full or partial uniform is both tasteless, and illegal; and if he's spent any amount of time in the military he should know better. If he's getting in trouble, it's because of those "unit badges and USMC tag still on there". And the Marines have every right to pursue the matter, according to the law. The military is in no way allowed to affiliate with any political party, action, or rally; and it is illegal for a former or current servicemember to do so in complete or partial uniform. It is also illegal for people to impersonate military personnel for any reason, including for political purposes. Tell your brother to start treating the uniform--either his own, or his buddy's--with respect, as he was taught during his years of service... and if he wants to attend rallies as a civilian, then he needs to dress and act like a civilian. EDIT: I think you'll find that most of us veterans are viewing your brother's actions with a high degree of distaste. That should tell you something... and should clue your brother in, too.
7. He broke the law. Now he needs to accept the consequences of his actions. He has to be a real douche bag to betray his fellow Marines like that.
8. Tell your brother thank you for all the work that he is doing to help bring my brother safe back home in the USA. Nothing upset me more than seeing people anti-troop and for the war. Do they not care that fellow americans are dying and one day I may pick up the phone and have someone tell me that my brother is the one that gave his ultimate life for this useless, pointless war. Do they not understand how angry family members of the military get when they hear that their fellow americans, the people their family is fighting for is not doing anything to bring them home? As for what the corps is doing...they just doing it to threaten him. it happens often. Nothing would become of it, just get a lawyer and it'll go away. He did not break the law since he obviously did not wore the uniform as it is intended to be. Contact IVAW, VFP or any other anti-war group. they will help pay all legal fees. this should not cost your brother anything
9. He needs to talk with an attorney, one who handles Legal Matters such as this. This is a Legal Matter. If there is an Attorney with a background in Military Service that is always helpful It is also helpful to contact a U.S. Congress Person too. Get Proof of what you say, even about the comparison, that the same type of uniform is sold in stores. If you must buy one to prove that it is sold in stores, get a receipt with the name / address of the store & a statement from the store, saying that the item was purchased there. This is evidence, which builds a lawsuit, which sometimes can be won on a technicality. Hope this helps. You may contact more than one person in this transaction. You may submit this information to this site: veterans for common sense.org A Paul Sullivan is an Advocate, works with Legal Contacts for Protection of Rights of Military Soldiers / Veterans. He comes Highly Recommended, for this. I contribute information / Writings to that site. TF
10. He has an eight year obligation. So, he is still in the Marine Corps Reserve and subject to the Uniformed Code of Military Justice. He's not a civilian. He was only released from active duty. He didn't receive a discharge. That means the Corps can begin the paperwork to award him an undesirable discharge. It happened to another Marine. He was still in the Marine Corps Reserve and left the United States without obtaining advanced permission from Headquarters Marine Corps. Even though he was no longer in the U.S. the Corps processed him for an undesirable discharge from the Corps in absentia, which the Secretary of the Navy had to approve. That Marine's name was Lee Harvey Oswald.