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.
ALCON,
I have a question. I am in the military and I have a flag pole in front of my building on my base that in order to enter the command you have to walk underneath of the National Ensign. I have looked everywhere where it would say to salute or not to salute while in uniform. I couldn’t find anything listed. So I referred to the Navy’s 11 general orders that say “To salute all officers and all colors and standards not cased”. I consider myself a Sentry at all times in the military. Do you have a better reference? I have some questioning whether or not they should be required to salute the Ensign.
Hi Ken. What an interesting question—one that I don’t have an answer for. But let me hunt around in my reference materials, and see if I can find anything that will help clarify, and I will write again. It will take me a day or two.
Let me say that I am surprised that your building has its “own” flagpole. I was under the impression that military bases generally displayed one large outdoor flag only, to which all honors would be directed, and other flags would be displayed indoors. But, if you salute the flag when you go on-board a ship, and salute the flag again when you leave (a ship being a “command” on its own), then it does not seem superfluous to salute the flag outside of the command building, as you come and go.
I’ll get back to you. Thanks for writing. Deborah Hendrick
There is so many response and answer to go through to see if most questions were answered. As a veteran and from I read of the code, believe me I read the codes. I spend a few months at Arlington National, as a relief for the Old Guard (Army detachment) during 72 -73 at a time when our fallen were coming home. We did not question, any one who gave salute to a fallen soldier, you are honoring him in doing so. As far as saluting an Office, no matter what branch of service or catagory of service (Guard, Reserve) you are saluting the rank of a commissioned office, and that officer is do the respect. The question about saluting a flag out side a building even thought most Post, Base, or Ports have a main flag, if you board a ship while in port you still must salute the flag on the ship as you board, I see no difference if you salute an uncased Raise flag out side a building in which you are going to enter while in uniform. There are so many changes to the Codes, that we are slammed if we do or if we don’t. Who inforces these Code?? NO ONE!!! Veterans as it has been put it is us to how you feel and how you read the Code. I have done a lot of flag retirement service in my past, but recently I have been confronted by Veteran Groups that think they know better. From my time in the service as a veteran and my time with Boy Scouts who do such honors I have done over 75 such retirement service, my questions to them is where is it written or where is the written law or code on the proper way to retire a flag. There are currently 50+ Ceremonies on line, that Boy Scouts, Veteran Groups and such use. The Code does not out line how it should be done other than to be burned and then buried in a dignified manner. Veterans Groups who say it should be done this way or that way need to really read up some of the Code themselves. For this kind of reason I do not join Veterans groups, because not one groups has a set way on doing things. I have read numbers of ways the VFW Halls do things and find that not even the VFW Hall has a set way of retiring Flags. Again I retired Flags while at Arlington, and will continue to instruct the way I was taught until the folks who write the codes can clarify a proper write code that covers such.
Deborah, THANK YOU for all your hard work, you are doing a great job
CW-2, D Troop 1st Air Cav
I found this in a Marine training document, which includes instruction for both Navy and Marine Corp personnel. As I see it, the orders to salute “uncased” colors means to salute the flag when it is in motion—when it is being carried by a Color Guard. For flags on stationary poles, the flag is saluted when it is raised in the morning, and saluted again when it lowered at night. Therefor, it would seem that it is not necessary to salute the flag in front of the command building each time you pass it.
102 NAVY AND MARINE CORPS HISTORY, CUSTOMS, AND COURTESIES FUNDAMENTALS
.9 Discuss the procedures for rendering honors and circumstances during which honors are rendered during colors and the National Anthem.
a. Render honors during “Colors” and to the National Anthem, IF you are neither
in formation nor in a vehicle, THEN render the prescribed salute. Hold the salute
until the last note of music is sounded. IF no flag is near, THEN face the music
and salute. IF you are in formation, THEN salute only on the command, “present
arms.” IF you are outdoors and uncovered, THEN stand at attention face the
direction of the flag or music. IF you are indoors, THEN stand at attention face
the music and/or flag, IF you are in a vehicle, THEN (driver) halt vehicle,
(passengers and driver) remain seated, at attention do not salute. IF your are
passing or being passed by an uncased color, which is being paraded, presented,
or is on formal display, THEN salute at six paces distance and hold the salute for
six paces beyond or until it has passed your position by six paces. IF you are
covered, THEN stand or march at attention when passing or being passed by an
uncased color.
b. When the flag is raised at morning colors or is lowered at evening colors,
stand at attention at the first note of the National Anthem or “To the Colors”
(standard), and render the prescribed salute. If you are engaged in some duty
which would become a safety hazard or risk to property, do not salute. Usually
face the flag while saluting, but if your duty requires it, face in another direction.
When the music sounds “Carry On,” resume regular duties.
I hope this helps. Thank you for writing.
Best wishes, Deborah Hendrick
Thank you Ed, for writing. This particular article is one that continue to get comments.
It is interesting to me, that (what we commonly call) The Flag Code leaves a lot of questions unanswered. The retirement of flags is a big one. Obviously, the flag retirement ceremony can be as simple or elaborate as one wants it to be. And a lot of people think that only an organization such as the Boy Scouts, VFW, or the American Legion can conduct a flag retirement ceremony. The fact is, anyone can retire a flag, as long as they do with with honor and respect.( I would like to build a fire pit at my house so I can retire my own flags.)
I personally dislike retirement ceremonies where the flag is taken apart before it is burned, but lacking specific instructions,I can’t say that it’s the wrong thing to do. And there is a service organization in the northeast, that greets flights of returning military personnel, coming back from overseas. This group gives each milper a embroidered star, cut out of flags that are to be retired. I appreciate the sentiment in doing this, but I think it is very wrong. If a flag is to be retired, then all of the flag needs to be retired. But they didn’t ask for my opinion, either.
But by far, my biggest complaint that is a violation of the Flag Code is the practice of toting out a huge flag—flat and horizontal as a patriotic ceremony. This is an outright violation of the Flag Code, and it really gets to me. My flag is not a pre-game show, or a half-time show. Then they use a hundred people to hold the flag and make it ripple. Oh, this is so wrong.
According to the Flag Code, there is only one occasion when the flag is permitted to be displayed flag, or horizontal, or draped—and that is when it is placed on a casket. It is our nation’s greatest sorrow and our greatest honor for those who have served this country—to drape the American flag over their casket. (And to have that singular honor co-opted for “entertainment” is just too much.)
Ed, I would like to know how the Army retires its flags, if you would like to share that information. Please write to me at Deborah@flagsbay.com
Thank you again for writing, and best wishes,
Deborah Hendrick
Deborah. You seem to have a good grasp on the flag code and I agree with all you say. My pet peeve is the display of the flag by the President of the US. In almost every case, the American Flag is not posted “on it’s own right” but they seem to think more is better and have several American Flags mixed with other flags (State, Prez flag, etc, etc). In addition, when flown with other countries flags it still should be “on it’s own right” which they seldom seem to do. I guess they’re afraid of hurting someone’s feelings. As far as retiring the flags, each organization seems to have their own style which is not wrong as long as it shows a respectful way of destruction by burning. However, placing a truck load of folded flags in a burn pit is impractical as they will burn for a week. A small ceremony with a group of friends is a good way to honor and destroy a lot of flags. (You can unfold them and they don’t burn as long) It’s still respectful and get’s the job done.
Ashes should be buried also in a dignified manner.
Thank you for your comments, Mr. Hufford. I do think that it’s important to let people know that they can retire their own flags.