Getting an upgrade like this is considered a gift to the individual. Treated the same way as when I get upgraded b/c of my CP status. As such it is permissible. Personally, I prefer to travel out of uniform. Blend in, more comfortable, and can down an extra drink or 2
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For me personally I prefer that the airline follow published guidelines. For a soldier coming back from the sandbox I don't mind a bit of rule bending.
Cliff notes info on Govt travel regs:
First Class Travel
-- According to GSA guidance and JER (Joint Ethics Regs) para. 4-202, DoD employees on official travel may accept airline seat upgrades to first class for official use, as long as there is no additional charge to the government and the upgrade is offered to the employee on the same terms as a member of the public
-- This means that while employees must generally perform official travel by using coach class accommodations, employees may upgrade transportation services at their own expense, which includes the use of personal frequent traveler mileage or upgrade benefits
-- The pre-existing restrictions on first class travel at government expense remain unchanged; see FTR 301-10.123 and JFTR U3125 for additional guidance
-- The pre-existing practice that discouraged first class travel while in uniform is still a recommended practice
--- Thus, even when first class travel is absolutely legitimate, military personnel should avoid wearing the uniform, unless appropriate, to avoid the public perception of misuse of government travel resources