nonreg tattoo=destruction of govt property?

[ezknight]

What is the name of your state?Indiana

If an individual gets a tattoo that is prohibited by their respective service's regulations such as above the collar in the Class A Army uniform or anywhere outside the Marine Class C uniform, can that individual be charged with destrucion of government property? Legal citations appreciated.

 

[fozzy2]

That is probably a mischarge. It would be a violation of uniform regs and should be charged as "failure to obey" or whatnot (for example, AR-670 1-8e). In theory I suppose it could be charged as "malingering" (i.e. self mutilation), but I'd advise to stick with the common charge. Similarly, severe sunburn is probably not "destruction of government property" but rather malingering, etc.

However, at the NJP level, where there are far fewer rigorouse legal standards/safeguard, I would suppose that the "destruction" language is sometimes used by people who heard all the stories in boot camp. I couldn't easily find a court martial appeal on point.

For an entire article's worth of citations, you can try "Regulation of 'Body Art' in the Military", Military Law Review, Sep. 1999.