184th Wing Guidance on Political Activities, Activism, and Contentious Language
When it comes to political activities, activism, and public statements, whether in person or online, there are a host of rules/regulations all military members must abide by. No matter if personnel are on-duty or off-duty, failure to abide by the established guidance may result in adverse action(s).
Many people have questions about what military members may do, and what they are prohibited from doing. While this will not be all inclusive of all rules, there are several things to highlight:
DoDD 1344.10, Political Activities by Members of the Armed Forces
Policy: It is DoD policy to encourage members of the Armed Forces (hereafter referred to as “members”) (including members on active duty, members of the Reserve Components not on active duty, members of the National Guard even when in a non-Federal status, and retired members) to carry out the obligations of citizenship. In keeping with the traditional concept that members on active duty should not engage in partisan political activity, and that members not on active duty should avoid inferences that their political activities imply or appear to imply official sponsorship, approval, or endorsement . . .
DAFI 51-508, Political Activities, Free Speech and Freedom of Assembly
Note: Failure to obey paragraphs 2.5.1.2, 2.6.3, 2.6.4.1, 3.3, 3.4.1.3, and 3.4.3.1-3.4.3.2 of this instruction by uniformed members of RegAF, USSF, AFR on active duty or inactive duty for training, and ANG in Title 10 status, constitutes a violation of Article 92 of the Uniform Code of Military Justice (UCMJ). ANG members in Title 32 status performing full-time National Guard duty or inactive duty for training who violate the mandatory provisions of this instruction, may be held accountable through similar provisions of their respective state military codes.
2.9. DAF Military Members on Active Duty for 30 Days or Less. In addition to complying with all other mandatory provisions herein regarding prescribed and proscribed actions for active duty military members, members on active duty for less than 30 days will:
2.9.1. Give full time and attention to performing military duties during prescribed duty hours. (T-0)
2.9.2. Avoid any outside political activities that may be prejudicial to performing military duties or inconsistent with the accepted customs and traditions of the Armed Forces. (T-0)
2.9.3. Refrain from participating in any political activity while in military uniform and from using government facilities for political activities. (T-0)
Kansas Code of Military Justice (KCMJ)
48-3013. (KCMJ Art. 88) Contempt toward officials. Any person subject to this code who uses contemptuous words against the president, the vice president, congress, the secretary of defense, the secretary of a military department, the secretary of homeland security, the governor or the governor of any other state, the legislature or the legislature of any other state, territory, commonwealth or possession in which that person may be serving, shall be punished as a commanding officer may direct.
Key take-aways: military members are prohibited from engaging in political activities in uniform (this has happened recently with members of another service), and there are punitive regulations that may apply in those circumstances. Additionally, members of the Kansas ANG may not use contemptuous language about public officials. This includes time where you are off-duty and also includes social media.
Any questions should be directed to the 184th Wing Legal Office.
Comm: 316-759-7034; DSN: 743-7034