Doesn't the provisions of Title 10, U.S. Code prohibit the wearing of military uniform items with civilian clothing such as kilts?
No, that question contains two popular misconceptions. First, the provisions of Title 10, Sections 771, only prohibit the wearing of the uniform or a distinctive part of the uniform, of the Army, Navy, Air Force or Marine Corps, or of a uniform any part of which is similar to a distinctive part of such uniforms, by any person who is not a member of the Army, Navy, Air Force or Marine Corps. Although it prohibits the wearing of the uniform or articles of uniform by civilians, it says nothing about the wearing of civilian clothing with the uniform. That misconception arose during the 1960's and 1970's when that law was used to prohibit the wearing of uniform items by civilians who often combined wearing articles of uniform with civilian clothes.
Second, a kilt, when worn as a prescribed part of a uniform, is not "civilian clothing." After all, an "article of uniform" is nothing more than an article of clothing of particular pattern, color or appearance which is prescribed to be worn as part of the official or distinctive clothes or outfit of a particular group, such as police, firefighters or members of a military organization, to identify them as members of that group or organization. Kilts, of a specified tartan, have been worn as part of the uniform by members of the Armed Forces of Great Britain, Scotland, Ireland, Canada and other nations for hundreds of years. Kilts have also been regularly worn as part of U.S. military uniforms since the earliest days of the Republic.* When prescribed as part of the uniform of a military organization, a kilt is no more an article of "civilian clothing" than a white dress shirt, tuxedo shirt, neck tie, pair of trousers or similar item which, when so prescribed and worn, become part of the uniform.
What precedent is there for wearing a kilt as part of a U.S. military uniform?
There is plenty of precedent. In addition to historic records of pipers wearing kilts with U.S. military uniforms going back to the American Revolution *and U.S. Civil War, the modern era has seen official recognition of U.S. Army pipe bands wearing uniform kilts with U.S. military uniforms organized by the 2nd infantry Division, the 5th Infantry Division, the 8th Infantry Division, the 31st infantry Division, the 42nd Infantry Division, and the Sixth Army. The U.S. Army currently recognizes the right of members of the pipe bands of 91stDivision, U.S. Army Reserve, California National Guard and Oregon National Guard Reserve to wear kilts of a prescribed pattern with their Army uniforms.
The U.S. Air Force Pipe Band wore their uniform kilts with articles of U.S. Air Force uniform at the White House and when performing through out the 1960's as does the U.S. Air Force Reserve Pipe Band today.
Moreover, the official uniform regulations of all the Armed Forces recognize uniforms worn by members of bands as a "special uniform situation." For example, the red jackets worn by members of the Marine Corps Band have no parallel in the uniforms worn by other members of the Marine Corps and, therefore, would be "civilian clothes" if not prescribed as part of their uniform by the uniform regulations. Members of the U.S. Army and U.S. Navy Bands as well as members of the U.S. Coast Guard Band are also authorized to wear articles of uniform and insignia that differ significantly from those prescribed in their respective uniform regulations for other members of their service.
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http://www.uscgpipeband.org/faq.php
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