Regulations on uniform wear in civilian courts

  • Published
  • By Airman 1st Class Ashley L. Cassell
  • Base Legal Office
If you have been asked to testify in a civilian court proceeding, and they insist that you wear your military uniform to give a professional appearance, then you, as a military member, must have approval before you are allowed to wear your uniform in civilian court.

Did you know that your status in the proceeding would determine who would approve the wear of the Air Force uniform? The below information will help you decide if you are allowed to wear the Air Force uniform as a defendant, plaintiff or witness in civilian court proceedings.

In accordance with Air Force Instruction 36-2903, Dress and Appearance of Air Force Personnel, para 1.4.8., as a defendant in civilian court proceedings, you are not permitted to wear the Air Force uniform when the conviction would bring discredit to the Air Force.

The Air Force must protect its military appearance. If a member is convicted of a crime, people may start to have a negative outlook on the military if they appear in their military uniform. Therefore, to protect the image of the Air Force, if you are a defendant in a civilian court proceeding and the conviction could bring discredit upon the Air Force, then you are not authorized to wear your uniform.

As a plaintiff in civilian court proceedings, you are most likely there in an unofficial capacity. While participating in a civilian court in an unofficial capacity, you are not authorized to wear your uniform, in accordance with AFI 51-301, Civil Litigation, para 9.16.3. The Air Force is not paying for your attendance at the court proceedings; therefore you are not to be affiliated with the armed forces. Your testimony is strictly your own opinion and is not to be mistaken as an opinion of the Air Force.

If called to participate as a witness in civilian court proceedings, you must first ask the proper release authority for approval, whether you are a former, retired or current Air Force member. The Staff Judge Advocate is the release authority for members who may appear for witness testimony, deposition, or interviews, or to make declarations on factual matters within their personal knowledge when it involves private litigation.

The medical law consultants are the release authority for medical providers and other hospital personnel assigned to the medical law consultant's permanent station hospital. They determine who may appear for witness testimony, deposition, or interviews, or to make declarations on factual matters within their personal knowledge when it involves private litigation.

When testifying as a witness in contemplated or pending litigation where the United States is a party or has a direct or indirect interest, the chief of the appropriate civil litigation division of Air Force Legal Services Agency or the chief of Headquarters United States Air Force, International and Operations Law Division, in coordination with Department of Justice litigation attorneys, decide if Air Force personnel may appear. If you are going to participate as a witness in a civilian court proceeding, be sure you check with the proper channels to ensure you are allowed to be a witness.

The authorized wear of the Air Force Uniform is based on the appearance or credit it brings upon the Air Force. If people will perceive it as an imperfect reflection toward the Air Force then most likely you will not be authorized to wear the Air Force uniform. Before you decide to wear your uniform in a civilian court proceeding, make sure it is authorized and approved by the proper authority. Don't be the Airman that gets in trouble for the unauthorized wear of the military uniform.