Graham's uniform front and center in campaign ads

Mary Troyan | USA Today

WASHINGTON — Sen. Lindsey Graham is using photos of himself in uniform to win votes in his presidential campaign, something he's free to do as long as he includes a disclaimer saying the photos don't mean the Pentagon endorses his candidacy.

Military regulations bar members of the armed forces, including retired members and reservists, from wearing their uniforms "during or in connection with furthering political activities ... when an inference of official sponsorship for the activity or interest may be drawn."

But there's an exception for non-active-duty service members who are candidates themselves. Images of those candidates in uniform must include a disclaimer and not be the "primary graphic representation" on a campaign billboard, brochure, website or ad.

"Sen. Graham's 33 years of service in the U.S. Air Force and the U.S. Air Force Reserve are an important part of who he is as a person and shaped the fundamentals of how he would lead as our nation's commander-in-chief," said Brittany Bramell, spokeswoman for Graham's presidential campaign.

The Pentagon's rules, cited by Graham's campaign, say candidates can use or mention their military rank or affiliation in campaign materials as long as they clearly indicate their retired or reserve status. They also are allowed to use photos of themselves in uniform with the disclaimer.

Graham's disclaimer says, "Senator Lindsey Graham is a retired member of the Air Force Reserve. Use of Senator Graham's military rank, job titles, and photographs in uniform does not imply endorsement by the Department of the Air Force or the Department of Defense."

Graham retired as a colonel from the Air Force Reserve, effective June 1, the same day he announced his campaign for president. A video biography on his campaign website includes several images of Graham on military duty. And his campaign sent out a press release on June 25 with a photo of him in uniform at his retirement ceremony in Washington.

The press release also quoted Air Force Judge Advocate General Christopher Burne commending Graham's service and integrity.

In addition to his time as a reservist, Graham was a military lawyer for six years of active duty with the Air Force, plus five years with the South Carolina Air National Guard.

He has been an elected official for 23 of his 33 years of military service, but this is his first campaign as a military retiree.

Of the announced GOP presidential candidates, only Graham and former Texas governor Rick Perry have military experience, so it's not surprising Graham would highlight that experience on the campaign trail, said Geoffrey Skelley of the University of Virginia Center for Politics.

"Graham will spend a lot of time in this campaign talking about the importance of having a strong military and a proactive foreign policy, and it probably helps his cause to emphasize his military background," Skelley said.

But service alone isn't enough to guarantee a candidate's popularity. Perry is polling nationally at about 3%, and Graham is just over 1%.

"A candidate's issue positions, ideology, past actions as an elected official, electability, and other factors will help determine voter support," Skelley said. "Military service is more of a 'cherry on top' reason to support a candidate than a critical determiner in how someone votes."

The Pentagon regularly issues election-year guidance on political activity for service members and civilians working in the military. Defense officials have noted that in 2012, an Army Reserve soldier improperly endorsed a political candidate in public while wearing his uniform. And in 2011, a retiree from the Army Reserves running for the Senate was criticized for wearing his uniform to a political fundraiser.

In June, a video promoting a book by an active-duty Army chaplain was taken down by the book's publisher because the author appeared in uniform without a disclaimer.