April 2, 2009: See updated information at the bottom of this article.
February 13, 2009: See updated information at the bottom of this article.
Many readers have been coming to The Daily Flag looking for information about the change in the U.S. Flag Code that permits military veterans not in uniform to render a hand salute. As originally written into Section 595 Section 594 of the National Defense Authorization Act for Fiscal Year 2009, the new law (Public Law No. 110-181 of the United States Code) reads:
by striking “all persons present” and all that follows through the end of the section and inserting the following: “all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes.”
However, this change in the U.S. Code caused problems, because “saluting the flag” is addressed three times in the U.S. Code, and the legislative change in the law that took place in July 2008 addressed only one— TITLE 4, Chapter 1, Section 9, which is shown above.
It failed to mention Title 4, Chapter 1, Section 4 from the same Chapter 1, which speaks to saluting the flag during the Pledge of Allegiance, and from Title 36—Patriotic and National Observances, Ceremonies, and Organizations, which includes conduct toward the flag during the National Anthem.
Instruction for saluting the the U.S. Flag during the National Anthem is found in a different section of the U.S. Code from where the “Flag Code” is found, and it is sadly, frequently, overlooked. Many readers comment that they were taught to stand at attention during the National Anthem, but not taught to salute.
Senator James Inhofe (R-Oklahoma) sponsored the original legislation in the National Defense Authorization Act for Fiscal Year 2009, and sponsored the amendment that Congress has now passed which clarifies the legislation and brings all three sections of the U.S. Code together to say the same thing —that veterans are now permitted to render a hand salute when the U.S. flag is raised and lowered, passes in review, during the Pledge of Allegiance, and during the playing of the National Anthem.
The amendment: Sponsor of The Veteran’s Salute Provision included in Section 595 of the National Defense Authorization Act for Fiscal Year 2009, S. 3001:
-Amends Title 36 of the United States Code to allow service members not in uniform to salute the flag during the National Anthem.
-FY08 Authorization Bill modified Section 9 of Title 4, US Code, to allow members of the Armed Forces and veterans who are present but not in uniform to render the military salute during hoisting, lowering, or passing of the flag
-While the change made to US Code Title 4 allowed our veterans and service members not in uniform to salute the flag when the flag is raised, lowered, or passing in review, it did not allow them to salute the flag during the National Anthem
With this amendment, all portions of the US Code are now consistent for veterans and military out of uniform, to salute the flag.
Countless veterans have continued to render a military salute to the flag, from the day they first raised their right hand and took an Oath of Allegiance.
This option which allows veterans to salute the flag with a military-style salute is voluntary. Many veterans are pleased by the change in legislation, and many veterans will continue to salute the flag by holding their hands over their heart. I’m glad the U.S. Code now reflects that choice.
It is my intention to update the tabs on The Daily Flag as soon as possible to reflect these changes in the U.S. Code, but I was waiting until I could copy it precisely (the legal citations, dates, et cetera) from the government web site.
Shown above: Mr. J. Satko, 83, salutes the American flag during the Veteran’s Day ceremony at Centennial Hall. Satko served in World War II as a U.S. Army plane mechanic.
Photograph circa 2005 Juneau, AK, from the Satko Family web site.
NOTICE***UPDATED INFORMATION as of February 13, 2009***NOTICE
I stopped writing new articles for The Daily Flag at the beginning of the year, but I still get many emails asking for information, or comments. I have not stayed on top of this story—veterans and out-of-uniform active-duty personnel saluting the flag—but today I received information that needs to be included.
Gen. James T. Conway, commandant of the Marine Corps issued ALMAR Number: 052/08 on December 17, 2009, which will clarify saluting for all Marines—past, present, and future.
See also: New salute rule not applicable to Marines.
NOTICE***UPDATED INFORMATION as of April 2, 2009***NOTICE
From Adm. Gary Roughead, CNO: BY CUSTOM AND TRADITION, NAVY PERSONNEL DO NOT RENDER THE HAND SALUTE WHEN OUT OF UNIFORM OR WHEN UNCOVERED; THAT HAS NOT CHANGED.
Thanks for you reply Deborah. I have researched this PL and can find no reference to The Pledge of Allegiance. The US FLag Fourm has posted this……………..
“The short answer is that, as a Veteran not in uniform, you have two choices: 1) leave your cover on (if you’re wearing one) and render the military salute, or 2) remove your cover and place it over your heart. The type of cover is irrelevant in both cases. I’ll quote the actual language from the US Code in just a minute.
There’s more to the story, however. There are three different sections of the US code that deal with conduct during salutes:
- Title 4, Section 1 Para 4: saluting during the pledge of allegience
- Title 4, Section 1 Para 9: saluting when the flag is raised, lowered, or passes in a parade
- Title 36, Subtitle 1 Part A Para 301: saluting during the playing of the national anthem
Originally, all three had similar wording. Essentially they said that persons in uniform give the military salute, other male citizens wearing headgear remove their covers and hold them over their hearts, and other citizens place hands over hearts. There were minor differences: for example, the pledge of allegience version made an exception for men wearing religious headgear, and the raising/lowering version specified that non-citizens should stand at attention without saluting.
Earlier this year, the code was amended by PL 110-181. Congress’s intent was to allow military personel and veterans to give the military salute even if they were not in uniform. So far so good. However, what they did was to amend Title 4, Section 1, Para 9 while leaving the other two sections unchanged. As amended, Para 9 reads as follows:
“. . . all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention.”
However, because Congress did not change the other two sections, this new language only applies when the flag raised, lowered, or passing in review. During the playing of the national anthem and the reciting of the pledge of allegience, the old rules still technically apply. It’s not clear what rules apply when the national anthem is played as the flag is raised — the revised code actually contradicts itself. This is an absurd situation, of course. Congress obviously meant to change the rules in all three cases, but they were sloppy and didn’t do it right. Until they fix it, my take would be that we should follow the new version of Section 9 in all three cases.
Notice that the new version of Section 9 also eliminates the distinction between men and women. Formerly, women civilians were supposed to leave their hats on; as revised, they’re apparently supposed to remove them (unless they are military or veterans, of course). At least, that’s what it seems to say — the phrase “if applicable” is not very specific.”
Please let me know what you think.
Thanks.
George
George, I do not believe that Congress intended for civilian women to remove their hats while “heart” saluting the flag. I believe that regardless of what the the law originally intended, or what the subsequent amendments say or should have included, the de facto result is that veterans and active duty personnel have the liberty to salute the flag on any and all “flag” occasions, inside or out, covered or uncovered.
While it would be nice if Congress could get it right, I have no hope that the proper correction will occur. Of course all veterans and milpers are free to choose the circumstances in which they render a military salute or a heart salute.
Best Wishes, Deborah
As a former Marine, I read the changes in the law and was excited. I was questioned when I saluted the Flag recently at a ceremony as to how I qualify to be considered a veteran under this ruling. My response was that, because I served in the Armed Forces although only for three years, I was honorably discharged now considered a Military Veteran. This question came from an Air National Guard Retiree who is in the “gray area” veterans status as it pertains to Retirement Benefits. My comment was that these are two separate issues and from what I understand as a former Marine, I am permitted to stand at attention and salute the Flag of the United States of America and with the corrections to be made, also during the National Anthem and the raising and lowering of the Flag.
Regarding who is qualified to state they have served? I would take the narrowest of views: Anyone who has worn the uniform, sworn to defend the Constitution Of the United States, and so honorably held to that oath, regardless of the length of service, or the degree to cost of that oath is one who has earned the right. Not all may agree! (Perhaps the DOD does not?) However, there are many who in training suffered disability and injury who were sent home on a medical, there are those who had served but a single draft and sent home early. My view is that anyone who has worn the uniform and swore to defend with their lives the Flag and Constitutionality of this people, has earned their place. Estelle R LeClaire
Ms. Casteel,
I agree with your statements; and, like you, I am excited about being able to salute while in civilian clothes — to be able to show my respect in that manner. I do it every chance I get.
Pappy Harmon
USAF 1959-1963
Ms. LeClaire,
“My view is that anyone who has worn the uniform and swore to defend with their lives the Flag and Constitutionality of this people, has earned their place. ”
You are absolutely correct, and I say AMEN! to that.
I’d like to point out also that we took that oath willingly and without an expiration date. Even though I swore that oath long ago (1959), I am still bound by it today.
I am proud of my service and proud to be an American.
Pappy Harmon
USAF 1959-1963