We’ve hashed over violations of Defense Department policy in past elections by soldier-candidates Jason Ravnsborg and Tim Goodwin. Now a pro-Mark Milbrandt reader asks me to review DOD Directive 1344.10 in the context of Dan Kaiser’s campaign literature for Brown County sheriff.
On Facebook and flyers, Kaiser offers images from his tenure as a non-commissioned officer in the United States Army:
DOD Directive 1344.10 lays out rules for members of the military, including retired members like Kaiser, who run for political office. Policy 4.3.2.1 says members not on active duty “may NOT, in campaign literature… [u]se or allow the use of photographs, drawings, and other similar media formats of themselves in uniform as the primary graphic representation in any campaign media, such as a billboard, brochure, flyer, Web site, or television commercial.”
Kaiser’s printed flyer does not violate Policy 4.3.2.1, as the image of himself in Army garb is but a scowling shadowy past life hovering over his current smiling candidate self.
Kaiser’s flag photo does not violate Policy 4.3.2.1, as it’s not a picture of himself.
Kaiser’s Iraq photo may violate Policy 4.3.2.1, if we read a Facebook post as a complete unit of campaign media and not simply an element of his entire Facebook campaign page. The photo of Dan in the sand with his rifle in hand is the primary graphic in the post, and he appears to be in something like uniform.
Policy 4.3.1.2 says that members not on active duty may “Include or permit the inclusion of their current or former specific military duty, title, or position, or photographs in military uniform, when displayed with other nonmilitary biographical details.” However, “Any such military information must be accompanied by a prominent and clearly displayed disclaimer that neither the military information nor photographs imply endorsement by the Department of Defense or their particular Military Department (or the Department of Homeland Security for members of the Coast Guard)….” This policy appears to encompass a version of the “primary graphic” criterion from 4.3.2.1 in the condition “when displayed with other nonmilitary biographical details.” Notice also that this policy includes text along with images.
I don’t have a hard copy of the flyer, but its photo of Kaiser in Army uniform appears to require a Policy 4.3.1.2 disclaimer.
Kaiser’s flag photo gives his title—”SGT”—and his position—”non commissioned officer in charge of his detachment in southern Iraq.” That text appears to require a Policy 4.3.1.2 disclaimer.
Kaiser’s Iraq photo has uniform and positions along with his list of medals. That post appears to require a Policy 4.3.1.2 disclaimer. That post also consists exclusively of military biographical details; Policy 4.3.1.2 appears to permit such details only “when displayed with other nonmilitary biographical details.” As above, if we view a Facebook post as a single, isolated unit, the Iraq photo post appears to violate Policy 4.3.1.2; if we view one Facebook post as one part of a campaign Facebook page viewed as one complete and growing piece of campaign literature, then listing those military biographical details is o.k., as long as the campaign includes an “Army does not endorse” disclaimer.
I have no reason to doubt the veracity of Kaiser’s photos and text about his military service, unlike Jason Ravnsborg’s policy-violating use of military aircraft that he never flew in his 2014 Senate campaign propaganda. So his violation isn’t as bad as Ravnsborg’s past errors. It’s also no worse than Kaiser’s good friend Stace Nelson’s, who does not include a DOD 1344.10/4.3.1.2 disclaimer on campaign materials, but reservist and independent District 7 House candidate Cory Ann Ellis does.
Rules are rules, and our candidates who use their military cred to impress votes should follow them.
Whoa! Reread the DIRECTIVE! This DIRECTIVE Does NOT apply to myself or Representative Kaiser as neither of us are retired from the military, neither of us are in the Reserves, and neither of us are in the National Guard, and neither of us are still on active duty. In order for a policy, regulation, or directive to apply to someone? You have to be subject to the entity that issues them. Representative Kaiser and I are fully able to use the evidence of our honorable service in whatever way we want. Read the very explicit first paragraph of “Applicability.” It does NOT apply, and cannot apply, to veterans of the US Military. You are 100% wrong in claims that Representative Dan Kaiser is in violation as a retiree of the US Army as he is NOT retired from the US Army. You are equally wrong in claims that he and I have violated a directive that does NOT apply to us. Please correct these erroneous claims.
Stace, explain for us the difference between “retired” and “veteran” and why DOD policy would allow “veterans” to use photos and other military information in ways that retired personnel cannot.
Cory, 38 U.S. Code § 101 “(2) The term “veteran” means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.” https://www.law.cornell.edu/uscode/text/38/101 Notice the key words “discharged” and “released.”
Retirement does not mean “retirement” from the military, accepting retirement pay actually incurs further obligation and subjects the individual to recall to active service. One is actually never “retired” when one accepts retirement from active duty. Many cases were retired individuals were recalled involuntarily to active duty during time of war. Veterans who have completed their service are no longer subject to recall or any DOD orders, regulations, or directives. Just like the DOD cannot tell you what to do? Their ability to tell Representative Kaiser and myself expired a long time ago after we completed our contractual agreed upon length of service.
Just like you, we cannot violate directives that we are not subject to.
Some people get their morals from “directives.” If the directive says you and go ahead and torture people, well, then that’s all you need.
If you’re the type of person that likes a lot of military bling, and there is no “directive” against it, then go ahead and stick it on your chest and parade around like you’re some big poo-bah. I can’t help but laugh at you, though. It reminds me of little boys putting on their holster and star and playing sheriff. It’s what I couldn’t stand about the middle-aged motorcycle outlaws at Sturgis, all dressed up in matching outfits. Pppffff. Yeah, you can make your argument about how your military service qualifies you for your position, but I’m not impressed by your bling, pictures or self-congratulatory pictures. If you are running for sheriff, tell me how your are going to serve and protect everyone. If you can’t do that, I don’t want you in that job.
Ha ha! What a joke! OMG!!!! Run, run there’s a veteran in uniform and that has to be against a rule someplace! We should hang’em HIGH!!!!!!
Donald, you seem to be talking about whether or not prior military experience is relevant to you in electing public officials. It seems like this article and Stace Nelson’s comments are actually talking about whether or not that experience is permissible to advertise, not whether or not you find it persuasive. I’m sure you understand that people other than you find different things persuasive than you, right?
I’m curious to see Cory’s response. I don’t have the time or energy to dig into the research myself, but if Stace’s comments are correct and don’t ignore other authority for this issue, this article sort of evaporates.
Love how the awards are the same ones give to those who just go to basic training and AIT. Would like to see the Iraq service ribbon that should be listed if in fact he did go to Iraq. Also why is he in direct violation of AR670-1 he is a non-commissioned officer right. Hmmmmm lead by example. More like a slap in the face to those who actually spent more than 3 months in Iraq and earned the title combat veteran. I Spent 5yrs ACTIVE Army I don’t need to flaunt participation awards to gain respect. So don’t waist people’s time Mr Nelson my claiming Mr Kaiser is a decorated VETERAN, When HELLO DevilDog A real Combat VETERANS are sitting here reading this trying to choke back anger and frustration of time spent in the sandbox suffering with thoughts and nightmares of those we lost. Bet you don’t understand that one do ya! Oh yeah that’s right Kiaser is decorated. Then I guess that makes us REAL VETERANS less than to you….. Oh fun fact MR Nelson I just realized why Kiaser doesn’t Have an Iraq service ribbon….. He was not there long enough to EARN it.
Shiny blinged chest thumpers, all. The pompousness of it will cost young Mr. Kaiser votes, although he is not anywhere near the braggard and pompard as Mr. Nelson is.
Stace, as usual, is dealing in “garden path” statements. He’s correct that he’s no longer in service but a uniform never leaves the rules of the military. Stace is welcome to stand stark naked and yell, “I’m a veteran!!” (You’ll never remove that image from your mind.) but using a military uniform or insignia is prohibited, without a disclaimer.
https://www.governmentcontractslawblog.com/2009/05/articles/data-rights/use-of-government-personnel-uniforms-and-insignia-in-promotional-or-advertising-materials/
Veterans who are no longer active members of the military don’t need to worry about including this disclaimer on their campaign materials if they include an old picture of themselves in uniform
http://www.politicalcampaigningtips.com/candidates-wearing-military-uniforms-in-political-campaign-ads/
I say these veterans should include massive amounts of pictures of them in uniform, holding guns and standing in front of tanks they didn’t drive or perhaps at the help of ships they didn’t helm, with big bragging words “my service was better than your service.”
I say Mr. Nelson should pass a law bill, should he go back to the legislatures, that if you are a veteran you get a free picture of yourself put in the newspapers.
OldSarg, you’d be surprised to hear the Milbrandt partisans trying to make much more hay of this issue than I am.
I’m still dubious on why discharged short-timers would get a privilege that retired long-timers would not get. Can someone explain that, if that is truly the case?
I just want my statement public for the simple fact that his so called awards are the same ones issued to new recruits. It’s a slap in my face and my brothers and sisters in arms.
@Porter You are a coward and an idiot. You don’t like us Veterans? Don’t like you can’t spit on us anymore? Tough! Suck it up snowflake.
@Grudznick You are a Pierre insider who hides behind a contrived caracature of a persona. You’re a just ke even for a troll.
@Cory Milbrandt supporters are desperately attempting to distract from his cowardly misconduct of facilitating, condoning, and covering up illegal and ugly sexual harassment and retaliation.
But please! All the snowflake melting because of my glory years as a young Marine being known to the public, feel free to file a complaint with the DODIG http://www.dodig.mil/ that a US Veteran dares acknowledge his honorable military service that is so offensive to those supporting a dirty politician like Milbrandt. Mark Milbrandt, I’m still waiting for YOU to apologize for dishonoring the law enforcement profession by helping sexually harass and retaliate against a good female cop.
p.S. @Cory because as I explained to you, retiring isn’t retiring from the military. Retiring is being transferred from active duty to reserves. Retirement pay is written into statute that they can be recalled from the reserves to active duty. It is not a privlesge to get to acknowledge ones service. It is a right that was earned. A little research will show you that it is difficult to prevent posers from stealing military honors. The honors I earned in the Marines are mine, it is not a privledge. If you believe your wrongful assertions that Representative Kaiser violated DOD Directive and are subject to them and thusly repercussions for doing so?! By all means, you are honor bound to file a complaint with the DOzd IG and equally bound to apologize when they confirm that you were wrong.
Nelson, can you explain why someone has to display their military history in order to feel justified in their hate speeches? Why are you advertising the superiority of an enemy automatic rifle while you vilify a religion that not all of the enemy combatants adhere to? I always knew one thing in Vietnam, never hate the enemy. You always respect your adversary and their position to understand how they operate, unless you qualify this as another Crusade. If you have blind hate for anyone, you will find yourself in an ambush that was caused by your failure to understand the home advantage of the battlefield and the thinking of those that live there.
In my view, making the claim that you were a veteran. That you had a leadership position that was either earned or in this case it seems, awarded for time in service, then by all means put that in your bio. A picture of someone in the rear, armed with an AK does not show leadership, it shows just the opposite. Drop the picture, we get it, we all support the 2nd Amendment and all of the rest of them as well. Combat veterans also understand tough talk and the bs from those in the rear with the gear.
trumpstien and the comrades have detorated the situation so badly in the Mid East that Kaiser may be called back up, as you say. Why elect someone who may not be around to fulfill their duties to the electorate? As he already was in Iraq, we now have this coming out of there.
“The Iraqi elections have a surprise front-runner: a coalition led by a firebrand militia leader who opposes the U.S. presence in the country
Monday, May 14, 2018 6:03 PM EST
Moktada al-Sadr, a firebrand militia leader whose forces once battled American troops in Iraq and were implicated in widespread atrocities against civilians, has emerged as the surprise front-runner in the Iraqi national elections, according to Iraqi election officials.
Mr. Sadr’s soldiers were fierce opponents of American forces on the battlefields of Iraq. And as a political leader, he has strongly condemned the American troop presence in Iraq.”
At a time when we need diplomacy, we only have outlaws stealing from our pockets running the show. The 7 trillion that trumpstein bragged about loosing, will be just continue to rise. Only this time, the winners will be known. Putin and big oil, along with the lawmakers who will eliminate fuel standards for American made vehicles, will have lots of walking around money.
Some of you just love telling other people what to do, huh? Jeez.
If there is no rule against the use of military pictures and stories and other indications of service, what is this conversation about? Some of you don’t like that veterans want to advertise that they were veterans? Too bad. I see thirty bumper stickers a week with people bragging about running a marathon, or about the breed of dog they like best, or that their child did something relatively simple at school. People like to talk about themselves, none more than politicians and celebrities. Who are you all to tell somebody what they should or shouldn’t draw attention to in a campaign? I’m sure you know by now that elections are just popularity contests anyway, like homecoming in high school. Voters actually know important information about the candidates around 10% of the time, in my estimation.
We all choose the items too brag about. But there aren’t federal regulations placing conditions on bragging about running marathons or owning dogs. There are federal regulations about using military uniforms and other military service details to promote political campaigns. The question is whether Nelson has identified a valid exception or whether DOD Directive 1344.10 applies to Kaiser and other veterans as Ellis appears to have interpreted it with her use of the DOD disclaimer.
I agree completely – that is the question: is there a rule or regulation, a “mandatory authority”, regarding the issue. If so, I think it is fair to call out the rule breakers for breaking the rule.
Whether or not there is a rule or regulation about the issue, there are several comments on here along the lines of “why would you do this…” or “tell me why somebody has to show off…” and the like. I am simply saying those people – instead of questioning the motives of others – should turn introspectively and discuss with themselves why they think anybody else owes them an explanation of their actions. If you run for office, campaign however you’d like within the agreed-upon rules.
I’m just exhausted by the general attitude of people thinking they should have some say in what other people do in just about every conceivable scenario. Friggin’ pushy egocentric narcissists.
Ryan, you cannot marry the man of yer dreams and don’t even think about having an abortion, Mister! There are laws against…..wait there are no laws against your same sex marriage and abortion is the law of the land. So why do pols run on this ticket?
The purpose behind Congressional limits, via DoD Directives, is so those that have a proven record of service can’t fairly compete with those who “talk” about their service. It gives the liars a chance. That’s why the majority of elected officials are not Veterans and American dislikes them.
mfi and oldsarg tie for most confusing comment of the day.
Ryan, I was referring to why active and personnel with a reserve commitment cannot run for office with pictures and such in uniform.
Iraq war…. if you haven’t been there for a yr to 15 months….. keep your mouth shut.
Fact of the matter is that it’s written in black and white Mr Nelson ( sorry it’s not in crayon) it states “ any active retired national guard or reserve or separated service members may not use their military uniform picture or any pictures that are not in accordance to their job related duties without authorization from the DoD and it must have a disclaimer stating that the military does not endorse said candidates. Only person so far that I know of that has followed this rule is John McCain. Plus Kaiser nowhere states that he is a veteran, which could make people believe that he is still service member. Seems to me that he thinks that his supporters or anyone with out a backbone to challenge this would not question his status. Maybe a DD214 is in order. Plus looking at your DD 214 you were separated from your beloved Corp. Last time I checked and asked from my prior leadership, Bosnia was a hardship duty tour unless you were a pilot Okinawa is a hardship duty tour. Vietnam, Iraq, Afghanistan, deployments combat deployments.
Cory, I have been very clear. I am not claiming an “exception” I have came out and been very explicit, you are WRONG in claiming that Rep Kaiser and I have done anything wrong. You claiming that we have violated a DOD Directive requires us to be under the authority of the DOD. We are not! By your reasoning and logic, YOU are violating the directive as you are using these military photos in your blog. This would be akin to you claiming I have violated Sioux Falls’ city policy on grass length because my grass exceeds their set limits. This is not a complex issue and you are normally not this entrenched in admitting when you are wrong. I’ve tweeted a whole slew of pictures from my days as a young Marine and I have had them continually posted on FB as well as this site for decades: https://marines.togetherweserved.com/usmc/servlet/tws.webapp.WebApp?cmd=ShadowBoxProfile&type=Person&ID=19 So!?! If you truly believe that I have violated a directive that I am not subject to? You and Milbrandt’s supporters should report me immediately to the DOD IG.. Or? You could do some reporting on how Milbrandt is using county resources to run for office, having personnel campaign for him.. and the ugly details of how he facilitated, condoned, and covered up illegal sexual harassment and retaliation of a good female cop, Mrs Laura Kaiser.
Sen. Nelson … In your campaign brochure for U.S. Senate there’s a photo of you in your uniform and it says, “Want real change in Washington? Send a Marine!”
Were you a Marine when you made that statement? Would a casual glance at the brochure make one assume you were a Marine since it didn’t say, “Send a former Marine!”?
Porter,
He is not subject to DOD directives. I made that very clear in my link above.
Do you have evidence to refute my link?
Oooooo @ porter lansing. Have him ask former POW AZ rep John McCain if he didn’t need his disclaimer. Yeah I said it Mr Nelson what are going to come back with…… oh yeah the only thing I have seen out of your mouth and Kaiser’s a lawsuit against her former employer DCI……. what not brown county…., and the plot thickens…. oh by the way . Please show photogragraphic evidence that milbrant has his staff campaigning for him. Until then stop being a keyboard warrior.
Certainly. I don’t find Engage Media, LLC to be a valid source of reference to military rules.
Once a Marine, always a Marine. Like they say: The Few. The Proud. Marines know how to make decisions whether you want them to or not. . . I have a scar on the base of my left thumb where a Marine made the decision to stick his knife. I kinda just stared at the knife standing up there and would look up at the Marine and back at my hand over and over thinking “WTF!” I like Marines. They fear nothing. . . ever
Porter,
It doesn’t take a rocket scientist to know that DOD rules do not apply to people who are not employed with the DOD anymore.
Is that your way of saying you can’t document what you say? Or … are you a rocket scientist? My little town if full of rocket scientists. They’re pretty sharp but only about rockets not military rules.
Jason give it up. He’s arguing just to argue. He doesn’t care, want to know or would bother to even look it up. Porter doesn’t discuss or even debate. He argues like a 15 year old girl.
Porter,
The DOD has no control over your life once you are not employed with them anymore. (does not include top secret info). It’s common sense.
DOD has full control over a military uniform in every situation. When someone not employed by DOD wears a uniform in a political ad it requires a disclaimer.
Next student …
Did you say it’s “Roncalli Sense?” lol
Prove it Porter.
Tell us about Ramadan in Lakeville, Old Sarge.
Hold on, Jason. I’ll get to ‘ya in just a minute. lol
Porter,
I can link you to a picture of a someone throwing a molotov cocktail at an Israeli soldier and getting shot?
I can also tell you a Democrat blamed the Soldier.
I got his goat, Grudzie. He’s from Minnesota and the goat is fat on Cheerios, too.