The Navy has investigated the case of a sailor who didn’t salute as the national anthem played at Pearl Harbor, in a protest that echoes recent moves by professional athletes to kneel during the anthem. The U.S. Pacific Fleet referred her case to her commander, who has the authority to punish the sailor, a Navy reservist. Saluting during the national anthem is a daily ritual for men and women in the military. Here’s a look at the protocol behind it.
WHAT ARE THE MILITARY’S RULES ABOUT SALUTING FOR THE NATIONAL ANTHEM?
Troops learn during basic training and officer training — their first introduction to the military — about saluting when the anthem is played and the flag is raised. The ritual is referred to as the “call to colors.”
Military rules obligate servicemen and women to salute when they hear the anthem if they are in uniform. Those who happen to be in an area where the flag is being raised must salute the flag. If they don’t see the flag around them, they’re expected to stop and salute in the direction of the music.
Those not wearing their uniforms must stand and place their hand over their hearts. A 2008 law clarified that service members may salute even in civilian dress.
WHY DO SERVICE MEMBERS DO THIS?
Carl W. Baker, a retired Air Force lieutenant colonel, said the ritual is about paying respect to the constitution. “One of the first things you’re taught is that you have to stand at attention during colors, and look toward the flag and salute to the flag,” said Baker who served 32 years in the military.
DO SERVICE MEMBERS ALWAYS HAVE TO SALUTE?
As long as they can hear the music.
“If you’re driving in your car and you hear the national anthem, you have to stop and get out of your car,” said Baker, who is now the director of programs at Pacific Forum CSIS, a think tank in Honolulu. Viewers of this summer’s Olympics may recall U.S. athlete and Army reservist Sam Kendricks stopping in the middle of his pole vault sprint to stand at attention when the anthem began playing at the track and field stadium in Rio de Janeiro.
That wasn’t surprising, said Col. Bob Taradash, the deputy to Defense Secretary Ash Carter’s senior adviser for military professionalism.
“That’s very typical of what you can expect of somebody who feels that it’s their professional obligation to pay respect to the nation that they’ve sworn to defend,” he said.
WHAT HAPPENS IF SERVICE MEMBERS INTENTIONALLY DON’T SALUTE?
Last month, the Naval Air Technical Training Center in Pensacola, Florida, got word a sailor had filmed herself while refusing to stand during the anthem. Spokeswoman Lt. Cmdr. Katherine Meadows said the sailor was “properly disciplined.” She declined to give further details.
This month, the U.S. Pacific Fleet investigated the case of a sailor who didn’t salute as the national anthem played at Pearl Harbor. The sailor, Petty Officer 2nd Class Janaye Ervin, is an intelligence specialist in the Navy Reserve who was in Hawaii for about two weeks for an exercise.
A deleted post on a Facebook page that appears to belong to Ervin explains why she chose not to stand during the National Anthem.
“On September 19, 2016, while in uniform, I made the conscious decision to not stand for the Star Spangled Banner because I feel like a hypocrite, singing about ‘land of the free’ when, I know that only applies to some Americans. I will gladly stand again, when ALL AMERICANS are afforded the same freedom,” the Sept. 21 post said. “The Navy has decided to punish me for defending the Constitution and has taken away my equipment I need to do my Naval job. It was my pleasure serving my country, I love it dearly, that is why I must do this for you. I will keep you all posted on what happens next!”
Ervin did not respond to efforts made by The Associated Press to verify the post, including messages sent via social media and email. A working telephone number for Ervin could not be found.
IS THERE ANY HISTORICAL PRECEDENT FOR PROTESTING BY NOT SALUTING?
The African-American Military History Museum in Hattiesburg, Mississippi, doesn’t have any record of servicemen and women protesting, said Sheila Varnado, president of the museum’s advisory committee.
Varnado, who retired as colonel after 27 years in the Army, said she was taught that those wearing the uniform represented not just themselves but the military and the United States. As a result, it wasn’t appropriate to express personal feelings or protest while in uniform, she said. She suggested donating money to a cause or writing a newspaper opinion article instead.
African-Americans have served in the military since the birth of the United States, including at times when “this nation definitely did not even recognize African Americans as citizens or full beings,” she said.
“You’re striving for and agreeing with what our country says it wants to be, not necessarily what it is at any given moment in time,” she said.
The Associated Press contributed to this article.
rog hunt says
That’s right the constituion does not apply to the Military. UCMJ does. You can get fined for getting a sunburn as you have damaged government property
Horst says
Yes, sunburn will get you article 15. I can verify that. (It happened to me at Eglin AFB, Ft. Walton Beach.)
That was before sunblock was invented.
Chris J says
Sorry, but when I join the Navy in 1971, I swore an oath to defend the United States of America and the Constitution of the United States. You claim that the Constitution of the US does not apply to the military. You are both wrong and right. The UCMJ takes the into it’s self those laws and take them a step higher and more strict for the service man since we volunteered to sacrifice our lives if necessary. We have to hold ourselves to a higher standards and should be judged by those higher standards. And another point, We servicemen do NOT blindly follow orders given to us by those authorized by higher ranking officers should they violate the UCMJ and/or the Constitution of the US. In other words we defend the US and the Constitution not the President.
Peter Joffe says
When you do not even know who the enemy is, why should you salute a flag when you do not know if the flag represents your country and guardian. Well done Obama you have destroyed another national symbol.
Islam permeates the country under the headlong charge into the 6th century with Obama riding the lead camel closely followed by Clinton on her Islam broom.
MR Trump please MAKE AMERICA GREAT AGAIN. We know that you can and will do it, as we have to go back to basics and abandon the suicidal policies of the rubbish that has infested the Democrats.
PHIL TRIMMER says
I have served my Country in the 70’s and even now, when wearing a hat I salute the flag and stand at attention during the anthem. If I do not have a hat on, I place my hand on my heart. This is respect for our Country and the members of the service, past and present who fought and died for all of our rights. Not to do so is disrespectful which this Country is experiencing on a daily basis from disrespecting other persons, law enforcement and the system in general. Everyone wants their own special rights. Get with the system nd pull together, show respect for one another or LEAVE……
Eddy says
Phil Trimmer
I do agree with you 100 percent. I also server my country (Germany) in the 60’s and as an officer of the reserve and living here in the USA (legally) I place myself into attention when the National Anthem being played and the National Flag being raised PERIOD!
Ms. Travis Petty says
Thanks for your service
Billie J Hall says
I am very proud of these servicemen. They have been taught to respect OUR country, OUR flag, OUR anthem. God bless them and all who have or now, or will serve OUR COUNTRY.
Oren says
Been there and done that. Vietnam 1968. Whenever the colors pass by, the anthem is played, if covered, I salute. If not covered, my hand goes over my heart. I’m 70 years old now and I still tear up when I hear the anthem and see our flag go by.
Ms. Travis Petty says
Thanks for your service
Nellie McConnell says
I agree WITH YOU! My opinion! There is good and bad in everyone. I am sure that women would love to be free. You don’t have to be Muslim to dominated by a man.
If anyone doesn’t want to follow our laws and respect our Constitution, LEAVE! If Christians wanted prayer TIME at work the Muslims would be offended! Time for Christians to demand prayer time in schools and work places. Impeach Obama and Hillary.
TRUMP FOR PRESIDENT.
I 4 AN I says
strip her rank, throw her in the brig for 6 months & issue her a dishonorable discharge. that will stop others from violating military rules. an undisciplined military spells disaster 2 any nation. she is NOT a civilian!!!
Al Wood Sr. says
She want to protest and set the example, so be it. Show all who are disrespectful what they will get..
Arthur Hartsock says
I’d like Ms. Ervin to be given an Undesirable Discharge. This is an administrative discharge that doesn’t require a hearing, and this type of discharge prevents her from receiving any military benefits. Just give her the paper, put a boot on her backsides, and shove her booty off the base.
Thomas Young says
I spent 30+ years as a member of the Armed Forces. Any time a person in uniform does not pay respect to the the flag should be punished to the MAX.
As for the NFL punks, YES punks should be held in the tunnel if they don’t want to show the respect to the flag. There are other ways to protest,
Randall Hart says
NFL should be under same guide lines of military.The are a part of our federal government, yes really. They pay no federal taxes for this , therefore if they want to protest then at least have them pay federal income tax like the average American does.
Don Atkins says
The Military members do pay Federal income taxes according to their net income, as do any other citizens of this country. This is an all volunteer military now and if one joins, he or she is obligated to follow the UCMJ ( Uniform Code of Military Justice ) and obey any and all legal orders. The articles of the UCMJ are legal orders.
Kazoo86 says
I agree 100%. Through her in the brig. Or send her to sea for a year, without shore leave. Take away her social networking to promote her cause.
CJ says
If people feel so strongly against the national anthem & the flag why the heck don’t they get their sorry butts out of this country? It’s because they have freedoms here they would never have in another country.
Stephen Legat says
You take an oath.
You honor that oath.
If you don’t, No BS. Dishonorable Discharge,
Justin W says
Thanks for the information.
Bruce says
This old Vietnam vet still stands when ever I hear the Anthem..in my house, on the street, does not matter. . I go to attention, hand salute, my wife stands with me.. that`s every time…
Ms. Travis Petty says
Thanks for your service
Darrell says
All the way! Fellow Vietnam vet.
???? Sad to hear a vet to be disrespectful.
Many a trooper in combat that saw our flag and got to fight And die so thee is never any excuse not honor it. I have seen disabled vets with no leg try to sit up an show respect and honor to it.
Darrell says
All the way! Fellow Vietnam vet.
???? Sad to hear a vet to be disrespectful.
Many a trooper in combat that saw our flag and got to fight And die so thee is never any excuse not honor it. I have seen disabled vets with no leg try to sit up an show respect and honor to it.
richardmchurchill says
she should have been mustered out and immediately sent home. No monthly check or free medical and life insurance.
NFL players don’t realize they are playing because of the progress our country has made in civil rights. Is it perfect, no of course not. I am a white pastor, is it perfect for me, No.
Fine the players and the second time send them home without pay. It will stop when that happens. Until then, the NFL is encouraging them thru no action. It will spread across America and separate whites from blacks even further from today.
Robert F says
At Marine Corps boot camp at Parris Island we wee taught the protocol for respecting the Anthem and Flag. If in uniform we stood at attention and saluted. Civilian clothes have a little different rules. If covered, remove cover and place over heart, if not covered place hand over heart.
Different rules if inside. If in uniform and not under arms, remove cover and place over heart and if under arms- salute. A Marine never salutes if not under arms inside. If in civilian clothing, same as above. If carrying, as with a CCW, saluting is appropriate. I have followed these guidelines and rules since 1957.
I do not understand this Political Crap our country is going through now. If these people do not want to respect our traditions, get out.
Semper Fi
Ms. Travis Petty says
Thanks for your service
James Maxwell says
From my earliest memories I have always stood when I hear the National Anthem and saluted the Flag of the United States
of America. I was born in 1942 and grew up around men and women who had served in the wars and stood in defense
of our Nation. I do not remember color of those Men and Women, but I do know they were proud of their time in the
military and being able to serve in the defense of our way of life. As I grew up I was in the Cub Scouts, Boy Scouts,
Sea Explorers and Civil Air Patrol (CAP). We were led by former military members who instilled in us a love of country
and pride in our heritage. When I enlisted in the USAF in they talked to us about the UCMJ and our responsibilities
as Military members and the expectations demanded of us as Military members. They also explained the ramifications
of failure to meet those expectations under the UCMJ. Even after I retired I still stand and salute our Flag and expect
the same of any and all who claim to be Americans. I also expect foreigners to stand in respect of our flag if they are
on our shores as they would expect us to stand for theirs if we were in their country. It is called common courtesy
for where we are at the time.
Jean says
Why don’t NFL owners have those players who don’t want to respect the flag and anthem wait in the dressing room or the tunnel until
the rest of us have proudly respected our country’s symbols? Problem solved.
Jean says
Why don’t NFL owners have those players who don’t want to respect the flag and anthem wait in the dressing room or the tunnel until
the rest of us have proudly respected our country’s symbols? Problem solved.
Susan reedy says
Take all her rights of military personnel away for life..
Susan reedy says
Take all her rights of military personnel away for life..
Susan reedy says
Take all her rights of military personnel away for life..
Phlipitt2mee says
Never in recorded history has one ethnicity received more opportunity, than has the African American.
We are only entitled to that which we meritoriously earn. These are basic, honest truths.
Janaye Ervin is a young, unworldly ingrate. She spits on all Americans and the country which she swore to protect.
Sgt. Lrrp army ret. says
Strip her rank plus dishonorable discharge then she can act out her stupidity as a civilian with no military. Benefits. If she has a protest to make she chose the Wrong time and place! Insubordination is not a protest it’s a criminal act punishable by military code.
Al Wood Sr. says
Simply put get out of the military which also represents the United States of America and protest all you want. Like the article states, when in uniform you are representing the United States of America. No any minority or group rather the United States as a whole. Same should apply to the NFL players. They have rights of freedom of speech on their own dime. (their own time). When they are in uniform they belong to the team and or the owner. The no longer represent themselves, rather the team as a whole…. They don’t like it quit and find a job and an owner that agrees with them. I am still waiting and watching for the owners to step up and do right ! ! ! ! ! !
JERRY PERKINS says
Why in the Hells do all these people want to come to our country and have freedom, that they cannot find in their own country and then disrespect our USA. This is a bunch of BS and should never be allowed in our country in the first place. If they don’t respect and love our country then they should leave and never come back and stay miserable were they came from. I proudly served from 1958 thru 1962 and would do the same over if I had the opportunity.
JOHN BRENNAN says
THIS IS HOW I SEE IT SHORT THERE ARE BETTER PEOPLE THAT WE NEED
TO FILL THE POSITIONS WE THE PEOPLE DESERVE THE CHANCE TO VOID THE
ELECTION FIX THE THE VOTING SO WE COUNT THE VOTE S , THE ELECTORATE IS A SYSTEM THAT PERVERTS THE VOTE ONLY REGISTERED VOTERS NO MACHINE VOTES WE WANT ONE PERSON ONE VOTE THE WAY IT SHOULD BE. THE LAW IS BEING BROKEN BY THE FBI THY ARE COVERING UP THEY DRAG THE WHOLE THING OUT WITH LIES WHEN YOU BURNTHE EVIDENCE THE IMUNITY GIVEN BY A CO CONSPIRTOR AS THE FBI DIRECTOR THIS IS THE PROBLEM THE LAWYER PROTECTING THE GUILTY IS DOING HIS JOB THE DIRECTOR KNOWS HIS PARDONING THE FAST AND THE FRUOUSS GUN JOB WE NEE A BETTER REAL HONEST DIRECTOR OF THE F B I MOST INCOMPETENT OR CORRUPT SERVICE GIVEN THE AMERICAN PEOPLE THIS DIRECTOR IS OR SHOULD BE ON THE SIDE OF WE THE PEOPLE . HE HAS CHOSEN TO CATER TO THE CRIMINALS FOR MONEY? FOR IGNORANCE ? OR IS YOUR CORRECTOR SO WEEK THAT YOU HAVE SIDED WITH MONEY TO PERVERT YOUR POSITION AND COVER SO BLATANTLY THIS IS TREASON. GOT ANY PLANS
JOHN BRENNAN says
THIS IS HOW I SEE IT SHORT THERE ARE BETTER PEOPLE THAT WE NEED
TO FILL THE POSITIONS WE THE PEOPLE DESERVE THE CHANCE TO VOID THE
ELECTION FIX THE THE VOTING SO WE COUNT THE VOTE S , THE ELECTORATE IS A SYSTEM THAT PERVERTS THE VOTE ONLY REGISTERED VOTERS NO MACHINE VOTES WE WANT ONE PERSON ONE VOTE THE WAY IT SHOULD BE. THE LAW IS BEING BROKEN BY THE FBI THY ARE COVERING UP THEY DRAG THE WHOLE THING OUT WITH LIES WHEN YOU BURNTHE EVIDENCE THE IMUNITY GIVEN BY A CO CONSPIRTOR AS THE FBI DIRECTOR THIS IS THE PROBLEM THE LAWYER PROTECTING THE GUILTY IS DOING HIS JOB THE DIRECTOR KNOWS HIS PARDONING THE FAST AND THE FRUOUSS GUN JOB WE NEE A BETTER REAL HONEST DIRECTOR OF THE F B I MOST INCOMPETENT OR CORRUPT SERVICE GIVEN THE AMERICAN PEOPLE THIS DIRECTOR IS OR SHOULD BE ON THE SIDE OF WE THE PEOPLE . HE HAS CHOSEN TO CATER TO THE CRIMINALS FOR MONEY? FOR IGNORANCE ? OR IS YOUR CORRECTOR SO WEEK THAT YOU HAVE SIDED WITH MONEY TO PERVERT YOUR POSITION AND COVER SO BLATANTLY THIS IS TREASON. GOT ANY PLANS
JOHN BRENNAN says
THIS IS HOW I SEE IT SHORT THERE ARE BETTER PEOPLE THAT WE NEED
TO FILL THE POSITIONS WE THE PEOPLE DESERVE THE CHANCE TO VOID THE
ELECTION FIX THE THE VOTING SO WE COUNT THE VOTE S , THE ELECTORATE IS A SYSTEM THAT PERVERTS THE VOTE ONLY REGISTERED VOTERS NO MACHINE VOTES WE WANT ONE PERSON ONE VOTE THE WAY IT SHOULD BE. THE LAW IS BEING BROKEN BY THE FBI THY ARE COVERING UP THEY DRAG THE WHOLE THING OUT WITH LIES WHEN YOU BURNTHE EVIDENCE THE IMUNITY GIVEN BY A CO CONSPIRTOR AS THE FBI DIRECTOR THIS IS THE PROBLEM THE LAWYER PROTECTING THE GUILTY IS DOING HIS JOB THE DIRECTOR KNOWS HIS PARDONING THE FAST AND THE FRUOUSS GUN JOB WE NEE A BETTER REAL HONEST DIRECTOR OF THE F B I MOST INCOMPETENT OR CORRUPT SERVICE GIVEN THE AMERICAN PEOPLE THIS DIRECTOR IS OR SHOULD BE ON THE SIDE OF WE THE PEOPLE . HE HAS CHOSEN TO CATER TO THE CRIMINALS FOR MONEY? FOR IGNORANCE ? OR IS YOUR CORRECTOR SO WEEK THAT YOU HAVE SIDED WITH MONEY TO PERVERT YOUR POSITION AND COVER SO BLATANTLY THIS IS TREASON. GOT ANY PLANS
Nathan says
put her out of the military and anyone else who decides they want benefits from our military but do not want to respect it’s tradition’s and rules. take away all pending benefits and let her be the civilian protester she wishes to be. I am so tired of the “you owe me” generation who deems that they are owed anything and everything and do nothing for it. no rules or nothing applies to them. the liberal left has made this country into a bunch of cry babies who no longer know what sacrifice is. watch when lying,thieving,Hitler Hillery gets into to office and the true American people decide to protest and states put into action secession processes. what will the little spec on the map of Washington d.c. who thinks they control this country do. If certain people do not have to follow the laws that this country was founded on ( such as her and this administration) then why should the hundreds of millions of people who are true documented Americans follow their orders. she says she cares and if so then give all the money in her “so called benefit trust” to the disabled military veterans organization. All veterans know better than to vote for someone who said “who cares what happened at Bengazi” when interviewed by Congress. Times of change is coming and faster than you think. Not for the better either.
Joseph v Kapusta says
this Vietnam vet 59, then by what they are protesting should not have dragged his black friend 150 yds out of the fight only to have him die in my arms, at 19 I only knew that he was one of us. I cried like a baby not because he was black or white or green . He was part of our unit and we all were brothers. I bet there are more stores of white helping blacks and blacks helping whites. The people that are putting out this bull s never served it is a shame>
JAMES says
1960, USMC-VET she showed total disrespect to her uniform & country & should be dishonorable discharged. at lest.
JAMES says
she showed total disrespect & should be dishonorably discharged.————————–1960 USMC VET.
Randal says
I hope she is out of the service soon. No place for someone like that. The UCMJ and armed forces traditions apply to all military. So is proper respect for the Colors (Flag) of our Nation. Give her and the one in Pensacola a dishonorable or a general discharge and put her out. No place for her in the military. Once n one cannot chose which orders apply or not. As long as they are legal orders, and respect for the Flag is one, one needs to obey. LTC Ret.
BillH says
She is an intelligence specialist? She need to be discharged, and her security clearance revoked (unless her last name is Clinton). Why should she be trusted with military intelligence, if she is not willing to obey orders?
(former) SSgt USAF
Rich says
Disgraceful. Many of my family served in the armed services, mostly USMC and Navy, and we all have a great respect for our country, our flag, and those who served honorably. Seems hypocritical that someone who is being given an opportunity to be educated, being paid, traveling to places like Hawaii, etc. is protesting that America does not offer the same opportunities for everyone. Everyone is offered the same opportunities, but it is up to the individual to take action and pursue them. Too many people just looking to see what will be given to them, versus working for it. A big shout out and THANK YOU to all of honorable service men and women, past and present, for your sacrifices and service to our country. I salute you! ????????
Politically incorrect says
While in the military you fall under the Constitution and UCMJ so you are required to abide by both set of laws. You are also taught in basic that you are part of the gov’t and are not allowed to attend or be part of a protest while in uniform. and are subject to discipline Hell if you really want to break it down technically when you take the oath you become property of the gov’t and can be charged and disciplined for getting a tattoo ( as I only seen that happen one time when a sailor had a tat put on his arm that said F**k the Navy)
So she is totally in the wrong for protesting in uniform and should be dishonorably discharged just like the sailor did for the tattoo
D Hip says
Liberals won’t stand for it. They want everyone to stand at attention and salute them. The flag and the Constitution are of no consequence, nor those in the armed forces, us veterans and judges they can’t control. This is what you call socialism. Obama said he was going to change America, and he has been a real taskmaster at perfecting these controls, for liberals and muslims.
The Texan says
I did not see any details of the exact setting where the incident occurred. It mentioned not standing which may infer that in an arena of some sort where everyone was sitting down. We can also assume that this was a military function. So if an announcement was made to please rise for the playing of the National Anthem, that is same as an order and the salute when in uniform is considered an automatic response to the order. Failure to follow an order is punishable under the UCMJ. And if the incident were in a military formation where the orders attention and hand salute are given and someone fails to follow those orders it is a failure to follow orders.
JACK CHAMBERLAIN says
She failed to render respect to the flag of the United States of America, while in a U.S. military uniform. She should be immediately place in the brig and when her brig time is up she should be given an “undesirable” discharge. She wanted to send a message and now it’s time for her message to reach it’s full meaning and conclusion. Throw her out. No benefits, no honor, no clearance. Allow her to leave this country if she desires and good riddance. The military has the opportunity daily to watch for others who would so protest and they can be given the same treatment under the UCMJ. Military leadership, please take the lead. Please prevent our military from becoming a showcase for more malcontents. Please.. A Proud Vet.