Uniform Code of Military Justice

Before you joined the Air Force, you had to obey the laws of the city and state. In the Air Force, you still must abide by those same laws — but now you're also subject to military law, as contained in the Uniform Code of Military Justice (UCMJ).

Remember your Core Value of Integrity First and take accountability for your actions. Be an information seeker and know these laws and guidelines — because ignorance is not a valid defense.

Overview

Objective: Participate as a high-functioning Airman during basic military training leadership familiarization.

Learning Outcomes

• Understand the purpose of the UCMJ briefing, Military Law, and Uniquely Military Crimes.
• Identify basic facts regarding General Provisions, Apprehension and Restraint, and Nonjudicial Punishment.
• Explain the Composition of Courts-Martial, Pre-Trial Procedure, and Trial Procedure.
• Identify basic facts regarding Sentences, Punitive Articles, and Miscellaneous Provisions.
• Explain Punitive and Administrative Discharges.

Foundational Competencies

• Accountability — Accepts full responsibility for self and team; displays honesty and truthfulness.
• Information Seeking — An underlying curiosity; a desire to know more about things, people, oneself, the mission, or issues; an eager, aggressive learner.

Summary

• Purpose of UCMJ Briefing
• Purpose of Military Law
• Uniquely Military Crimes
• General Provisions (UCMJ Chapter I)
• Apprehension and Restraint (UCMJ Chapter II)
• Nonjudicial Punishment (UCMJ Chapter III)
• Composition of Courts-Martial (UCMJ Chapter V)
• Pre-Trial Procedure (UCMJ Chapter VI)
• Trial Procedure (UCMJ Chapter VII)
• Sentences (UCMJ Chapter VIII)
• Punitive Articles (UCMJ Chapter X)
• Miscellaneous Provisions (UCMJ Chapter XI)
• Punitive Discharges
• Administrative Discharges

Purpose of UCMJ Briefing

The purpose of receiving this briefing is to comply with the requirement of one of the articles within the UCMJ.

Article 137 requires enlisted members receive this briefing within 14 days of initial entry on Active Duty (AD) or into a reserve component, again within 6 months of initial entry, and again at the time of reenlistment.

Purpose of Military Law

The purpose of military law is to:

• Promote justice
• Maintain good order and discipline
• Promote efficiency and effectiveness
• Strengthen United States (US) national security

Uniquely Military Crimes

The UCMJ is necessary because of our unique mission, mobile nature, and the fact that the Constitution does not automatically extend jurisdiction to foreign soil. It allows the military to take laws to foreign lands and is worldwide in jurisdiction, applying to all members of the armed forces.

Examples of Uniquely Military Crimes:

• Fraudulent Enlistment / Appointment
• Desertion / AWOL
• Dereliction of Duty
• Missing Movement
• Failure to Obey
• Prohibited Activities with Recruits
• False Official Statements
• Drunk on Duty
• Malingering
• Fraternization
• Disrespect Toward a Superior

General Provisions (UCMJ Chapter I)

Article 2 — Persons Subject to the UCMJ

• All AD members
• Retirees when entitled to pay
• Retirees of reserve components who are receiving hospitalization
• Reservists on AD or inactive-duty training
• National Guard when in Federal Service
• Persons serving a sentence imposed by court-martial

Article 3 — Jurisdiction to Try Certain Personnel

A person who commits a crime while subject to the UCMJ and is later discharged or otherwise removed from orders can be recalled to duty to be prosecuted for the offense committed while on duty.

Examples:

• A reserve component member who commits an offense while on active duty or inactive duty training.
• A person who fraudulently obtains discharge.
• Deserters.

Apprehension and Restraint (UCMJ Chapter II)

Article 7 — Apprehension

The taking of a person into custody if there is a reasonable belief that an offense has been committed and that the person apprehended committed it.

Article 8 — Apprehension of Deserters

A civilian officer having authority to apprehend offenders under the laws of the US or of a State may apprehend a deserter and deliver him into the custody of the armed forces.

Article 9 — Imposition of Restraint

• Arrest is the restraint of a person by an order not imposed as a punishment.
• Confinement is physical restraint.
• Must have probable cause.
• Any commissioned officer may order an enlisted member into arrest or confinement by an order. The CC may delegate authority to NCOs.
• Only a commanding officer may order a commissioned officer into arrest or confinement. Authority is not delegable.
• Security Forces personnel authorized to apprehend offenders may do so until proper authority is notified.

Article 10 — Restraint of Persons Charged with Offenses

• Anyone subject to the UCMJ and charged with an offense can be ordered into arrest or confinement if circumstances require.
• A person charged with an offense normally tried by a summary court-martial should not ordinarily be ordered into confinement.
• When confined prior to trial, the person will be informed of the specific wrong alleged and will be either tried or the charges dismissed and the person released.

Restraint begins the 120-day speedy trial clock.

Article 11 — Reports and Receiving of Prisoners

Confinement facilities may not refuse to receive prisoners. The CC of the confinement facility shall report within 24 hours of restraint:

• The name of the prisoner.
• The charged offenses.
• The name of the person ordering the restraint.

Article 12 — Confinement with Enemy Prisoners Prohibited

No member of the armed forces may be confined with enemy prisoners or other foreign nationals not in the armed forces.

Article 13 — Punishment Prohibited Before Trial

No person may be subject to punishment or penalty (other than arrest or confinement) for pending charges. Arrest or confinement shall be no more rigorous than that needed to ensure presence at court.

Article 14 — Delivery of Offenders to Civil Authorities

A member of the armed forces accused of a civilian crime may be delivered to the civil authorities for trial.

Nonjudicial Punishment (UCMJ Chapter III)

Article 15 — Commanding Officer's Nonjudicial Punishment (NJP)

Gives authority to commanders to impose non-judicial punishment against members under their command.

• Allows commanders to take care of certain offenses without trial by court-martial — unless the individual objects.
• Accepting NJP proceedings is simply a choice of forum — not an admission of guilt.
• NJP does not constitute a criminal conviction.

Types of Punishment

The maximum punishment is based on the grade of the offender at the time the punishment is imposed and the grade of the commander imposing the punishment.

Note: Lieutenants, Captains, and Majors cannot impose NJP on CMSgts or SMSgts.

Composition of Courts-Martial (UCMJ Chapter V)

Article 25 — Who May Serve on a Courts-Martial

• Any commissioned officer on AD.
• Any enlisted member on active duty who is not junior in rank or grade to the accused.
• The convening authority shall detail individuals best qualified by reason of age, education, training, experience, length of service, and judicial temperament.

Article 27 — Detail of Trial Counsel and Defense Counsel

• Trial Counsel (TC) and Defense Counsel (DC) will be detailed to each General Court-Martial (GCM) and Special Court-Martial (SPCM).
• No person who acted in a case as a preliminary hearing officer, judge, or court member may later act as TC or DC in that same case.
• No person who acted for the prosecution may act for the defense, nor may a person who acted for the defense later act for the prosecution, in the same case.

Pre-Trial Procedure (UCMJ Chapter VI)

Article 31 — Compulsory Self-Incrimination Prohibited

If you are suspected of a crime, you cannot be questioned without first being informed of the nature of the offense.

Your rights:

• You do not have to make a statement regarding the offense.
• Statements you make after a rights advisement may be used as evidence against you.
• You have the right to an attorney, and an ADC can be appointed to you free of charge.
• You may also choose a civilian attorney to act on your behalf — but you must pay the cost.
• You have the right to stop questioning at any time.

Trial Procedure (UCMJ Chapter VII)

Article 37 — Unlawfully Influencing of Court

• No convening authority or commander may censure, reprimand, or admonish the court or any participant regarding the findings or sentence.
• No person may coerce or influence the action of a court-martial in reaching the findings or sentence.
• A person's performance as a court member may not be the basis for an unfavorable rating / evaluation.
• General instructional / informational courses designed solely to instruct members on the substantive / procedural aspects of courts-martial are permitted.

Article 38 — Duties of Trial and Defense Counsel

• TC acts as prosecutor for the Government.
• DCs represent the accused at a court-martial or preliminary hearings.
• The accused may hire civilian counsel at his or her own expense — or request a specific military counsel if counsel is reasonably available.

Sentences (UCMJ Chapter VIII)

Article 55 — Cruel and Unusual Punishments Prohibited

Flogging, branding, marking, tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court-martial. Use of irons is prohibited, except for safe custody purposes.

Punitive Articles (UCMJ Chapter X)

Article 77 — Principals

Any person who either commits an offense, or aids, abets, counsels, commands, or procures its commission; or a person who causes an act to be done which if directly performed by him would be a crime.

Article 78 — Accessory After the Fact

Any person who, knowing that a punishable offense has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment.

Article 79 — Conviction of Lesser Included Offense

When an accused is found not guilty of the charged offense but guilty of a lesser offense that is reasonably included in the greater charged offense.

Example: An accused charged with aggravated assault may be found not guilty of that offense because the physical injuries are not severe enough to be aggravated — but guilty of simple assault and battery.

Article 80 — Attempt

An act, done with specific intent to commit an offense, amounting to more than mere preparation and tending — even though failing — to effect its commission, is an attempt to commit that offense.

Any person may be convicted of an attempt to commit an offense even if the offense was actually consummated.

Article 81 — Conspiracy

Any person who conspires with any other person to commit an offense.

Article 82 — Solicitation

Any person who solicits or advises another or others to commit an act of misbehavior.

Soliciting desertion, mutiny, sedition, or misbehavior before the enemy carries aggravated penalties up to and including death.

Article 83 — Malingering

Any person who feigns illness, physical disablement, mental lapse, or intentionally inflicts self-injury with the intent to avoid work, duty, or service.

Article 84 — Breach of Medical Quarantine

Any person who violates the limits of a medical quarantine before being released by proper authority.

Article 85 — Desertion

Any member who, without authority, goes or remains absent from his unit, organization, or place of duty with intent to remain away permanently — or quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.

Article 86 — Absence Without Leave (AWOL)

Any member who, without authority, fails to go to his appointed place of duty at the time prescribed; or goes from that place; or absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed.

Article 87 — Missing Movement

Any person who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move.

Article 87a — Resistance, Flight, Breach of Arrest, and Escape

Any person who resists or flees apprehension, breaks arrest, or escapes from custody.

Article 87b — Offenses Against Correctional Custody and Restriction

Any person who escapes from correctional custody or who goes beyond the limits of a restriction before being released by proper authority.

Article 88 — Contempt Towards Officials

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, etc.

Article 89 — Disrespect Toward Superior Commissioned Officer

Any person who behaves with disrespect toward or strikes his superior commissioned officer.

Article 90 — Willfully Disobeying a Superior Commissioned Officer

Any person who disobeys the lawful command of a superior commissioned officer.

Article 91 — Insubordinate Conduct Toward a Warrant Officer, NCO, or Petty Officer

Any warrant officer or enlisted member who:

• Strikes or assaults a warrant officer, NCO, or petty officer while that officer is in the execution of his office.
• Willfully disobeys the lawful order of a warrant officer, NCO, or petty officer.
• Treats with contempt or is disrespectful in language or deportment toward a warrant officer, NCO, or petty officer while that officer is in the execution of his office.

Article 92 — Failure to Obey an Order or Regulation

Any person who:

• Violates or fails to obey any lawful general order or regulation.
• Having knowledge of any other lawful order issued by a member of the armed forces which it was his duty to obey, fails to obey the order.
• Is derelict in the performance of his duties.

Example: The use of intoxicating substances (other than alcohol or tobacco products) is prohibited by AFI 1-1 and may constitute a dereliction of duty under Article 92.

Article 93 — Cruelty and Maltreatment

Any person who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders.

Article 93a — Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust

Any officer, person in a training leadership position, or military recruiter who engages in prohibited sexual activity with a basic trainee, recruit, or cadet.

Consent is not a defense.

Article 94 — Mutiny or Sedition

Any person with intent to usurp or override lawful military authority.

Article 95 — Offenses by Sentinel or Lookout

Any sentinel who is drunk on post, sleeps on post, leaves post without proper authorization, or who wrongfully loiters on post.

Article 95a — Disrespect Toward Sentinel or Lookout

Any person who uses wrongful or disrespectful language or behavior towards a sentinel or lookout while that sentinel or lookout is performing their official duties.

Article 96 — Releasing Prisoner Without Proper Authority

Any person who, without proper authority, releases any prisoner committed to his charge — or who through neglect suffers any such prisoner to escape. Also any person who unlawfully drinks alcohol with a prisoner.

Article 97 — Unlawful Detention

Any person who, except as provided by law, apprehends, arrests, or confines any person.

Article 98 — Misconduct as a Prisoner

Any person who, while in the hands of the enemy in time of war, for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation — or while in a position of authority over such persons maltreats them without justifiable cause.

Article 99 — Misbehavior Before the Enemy

Any person who, before or in the presence of the enemy:

• Runs away.
• Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend.

Article 100 — Subordinate Compelling Surrender

Any person who compels or attempts to compel the commander of any place, vessel, aircraft, or other military property — or of any body of members of the armed forces — to give it up to an enemy or to abandon it; or who strikes the colors or flag to an enemy without proper authority.

Article 101 — Improper Use of Countersign

Any person who in time of war discloses the parole or countersign to a person not entitled to receive it — or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give.

Article 102 — Forcing a Safeguard

Any person who forces a safeguard.

• A safeguard is a protection of enemy possessions or persons conducted by our own forces.
• "Forcing a safeguard" means performing an act in violation of the protection of the safeguard.

Article 103 — Spies

Any person who is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft within the control or jurisdiction of any of the armed forces.

Article 103a — Espionage

Any person who, with intent or reason to believe that it is to be used to the injury of the U.S. or to the advantage of a foreign nation, communicates, delivers, or transmits — or attempts to communicate, deliver, or transmit — to an entity.

Article 103b — Aiding the Enemy

Any person who aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or without proper authority knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly.

Article 104 — Public Records Offenses

Any person who willfully and unlawfully alters, conceals, removes, or destroys a public record.

Article 104a — Fraudulent Enlistment, Appointment, or Separation

Any person who:

• Procures his own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications — and receives pay or allowances.
• Procures his own separation from the armed forces by knowing false representation or deliberate concealment as to his eligibility for that separation.

Article 104b — Unlawful Enlistment, Appointment, or Separation

Any person who effects an enlistment, appointment, or separation of any person known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order.

Article 105 — Forgery

Any person who, with intent to defraud, falsely makes or alters any signature — or any part of any writing — which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or utters, offers, issues, or transfers such a writing, known by him to be so made or altered.

Article 105a — False or Unauthorized Pass

Any person who counterfeits, alters, tampers with, sells, or wrongfully uses a military or official pass, ID, permit, or discharge certificate.

Article 106 — Impersonation of Officer, NCO, Agent, or Official

Any person who wrongfully impersonates an officer, NCO, agent of superior authority, or government official — with or without the intent to defraud.

Article 106a — Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button

Any person who wrongfully wears an insignia, decoration, badge, ribbon, device, or lapel button on a military uniform or civilian clothing without proper authority.

Article 107 — False Official Statements; False Swearing

• Any person who makes or signs a false record, order, official document, or makes a false statement with the intent to deceive.
• Any person who makes a false statement under oath.

Article 107a — Parole Violation

Any person who was a prisoner as a result of a court-martial conviction and violates the conditions of parole.

Article 108 — Military Property: Loss, Damage, Destruction, or Wrongful Disposition

Any person who, without proper authority:

• Sells or otherwise disposes of.
• Willfully or through neglect damages, destroys, or loses.
• Willfully or through neglect suffers to be lost, damaged, sold, or wrongfully disposed of.

…any military property of the U.S.

Article 108a — Captured or Abandoned Property

Any person who fails to secure property taken from the enemy and turn over all such captured or abandoned property within their possession, custody, or control to the proper authority without delay.

Article 109 — Property Other Than Military Property: Waste, Spoilage, or Destruction

Any person who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the U.S.

Article 109a — Mail Matter: Wrongful Taking, Opening, etc.

Any person who wrongfully takes, opens, secretes, destroys, or steals mail before the mail is delivered to or received by the addressee.

Article 110 — Improper Hazarding of a Vessel or Aircraft

Any person who willfully and wrongfully, or negligently, hazards or suffers to be hazarded any vessel or aircraft of the armed forces.

Article 111 — Leaving Scene of a Vehicle Accident

Any person who is the driver of a vehicle that leaves the scene of an accident that results in personal injury or property damage without providing assistance to an injured person, or without providing personal identification to others involved in the accident or to proper authorities.

Article 112 — Drunkenness and Other Incapacitation Offenses

Any person who is drunk on duty, is incapacitated for proper performance of duty due to alcohol or drugs, or any prisoner who is drunk.

Article 112a — Wrongful Use or Possession of Controlled Substances

Any person who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the U.S., exports from the U.S., or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces.

Article 113 — Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel

Any person who operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner, while impaired by a substance, or while drunk (defined as blood alcohol level above 0.08).

Article 114 — Endangerment Offenses

Any person who engages in conduct that is wrongful and reckless and is likely to produce death or grievous bodily harm.

Such conduct explicitly includes: dueling, unlawfully carrying a concealed weapon, and wrongfully discharging a firearm in a manner that endangers human life.

Article 115 — Communicating Threats

Any person who wrongfully communicates a threat to injure the person or property of another.

Communicating threats with an explosive, weapon of mass destruction, or hazardous material carries heightened penalties.

Article 116 — Riot or Breach of Peace

Any person who causes or participates in any riot or breach of the peace.

Article 117 — Provoking Speeches or Gestures

Any person who uses provoking or reproachful words or gestures towards any other person.

Article 117a — Wrongful Broadcast or Distribution of Intimate Visual Images

Any person who knowingly and wrongfully distributes an intimate image of another adult person, without that person's consent, and when the image was made under circumstances where the depicted person had a reasonable expectation of privacy.

Article 118 — Murder

Any person who, without justification or excuse, unlawfully kills a human being when he:

• Has a premeditated design to kill.
• Intends to kill or inflict great bodily harm.
• Is engaged in an act that is inherently dangerous to another and evinces a wanton disregard of human life.

Article 119 — Manslaughter

Any person who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation.

Article 119a — Death or Injury of an Unborn Child

Any person who engages in conduct that violates any of the provisions of law listed against a child who is in utero at the time the conduct takes place.

Article 119b — Child Endangerment

Any person who has a duty to care for a child under 16 years and who is negligent in that duty in a way that endangers the child's mental or physical health, safety, or welfare.

Article 120 — Rape and Sexual Assault

Rape

Committing a sexual act upon another person:

• Using unlawful force.
  • Force can be using a weapon or the use of physical strength or violence sufficient to overcome, restrain, or injure a person.
  • Force can also mean inflicting physical harm sufficient to coerce or compel submission by the victim.
  • Force is unlawful when it is done without legal justification or excuse.
• Using force causing or likely to cause death or grievous bodily harm.
  • Grievous bodily harm = serious bodily injury, including fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, or other severe bodily injuries.
  • A person cannot consent to force causing or likely to cause death or grievous bodily harm — or to being rendered unconscious.
• Threatening death or grievous bodily harm.
  • Threatening = a communication or action sufficient to cause a reasonable fear that non-compliance will result in a victim or another person being subject to that communication or action.
  • A person cannot consent while under threat or fear.
• Rendering the person unconscious.
• Administering a drug or intoxicating substance to that person — by force, threat of force, or without their knowledge and consent — that substantially impairs their ability to appraise or control their conduct.

Marriage is not a defense to any crime under Article 120.

Sexual Assault

Committing a sexual act upon another person:

• By threatening the person.
• By causing bodily harm — any offensive touching, no matter how slight.
• Without consent.
• Representing that the sexual act serves a professional purpose.
• By making the person believe you're someone else.
• When you know that the person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.
• When the person is incapable of consenting to the act due to impairment by any drug, intoxicant, or other similar substance.

Sexual Act

• Penetration of the penis into the vulva, anus, or mouth.
• Contact between the mouth and the penis, vulva, scrotum, or anus.
• Penetration, however slight, of the vulva, penis, or anus of another by any part of the body or by any object, with intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.

Aggravated Sexual Contact

• Same scenario as a rape, but instead of a sexual act, it's a sexual contact.
• Sexual contact = touching (with any part of the body) the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of another person — directly or through clothing.

Abusive Sexual Contact

• Same scenario as a sexual assault, but instead of a sexual act, it's a sexual contact.

Consent

Consent = a freely given agreement to the conduct at issue by a competent person.

• Lack of consent is inferred based on the circumstances of the offense.
• All surrounding circumstances are considered in determining whether a person gave consent — or whether a person did not resist (or ceased to resist) only because of another person's actions.

Things that do NOT equal consent:

• Lack of verbal or physical resistance as a result of force, threat of force, or placing a person in fear.
• A current or previous dating or sexual relationship.
• The victim's manner of dress.
• A sleeping, unconscious, or incompetent state.

On impairment and consent:

• One or more drinks of alcohol does not automatically render a person unable to consent.
• There is a common misconception that anyone who has had a drink and later engages in some type of sexual activity has been raped or sexually assaulted.
• Impairment alone does not mean a person cannot consent.
• However, if a person is in a state in which they are "incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, [when] that condition is known or reasonably should be known by the [member]" — there is a lack of consent.
• There are various levels or degrees of impairment — at some point impairment may render an individual incapable of consenting to the sexual act.
• A review of all surrounding circumstances is to be conducted — not just whether the individual has consumed a single or even multiple intoxicating substances.
• While having one drink does NOT usually mean a person cannot consent to sexual acts, if a person is so drunk that he or she is vomiting and passing out, the individual is most likely beyond the point at which he or she can consent to such acts.

A person is incapable of consent if:

• The person lacks the cognitive ability to appreciate the sexual conduct in question.
• The person lacks the ability to make a decision about whether they agreed to the sexual conduct.
• The person lacks the ability to communicate their decision about whether they agreed to the sexual conduct.

Article 121 — Larceny and Wrongful Appropriation

Any person who wrongfully takes, obtains, or withholds — by any means — from the possession of the owner or of any other person, any money, personal property, or article of value of any kind.

Article 121a — Fraudulent Use of Credit Cards, etc.

Any person who knowingly and with intent to defraud uses a stolen or revoked debit card, credit card, or access device of another person to obtain money, property, services, or anything else of value.

Article 121b — False Pretenses to Obtain Service

Any person who, with intent to defraud, knowingly uses false pretenses to obtain services.

Article 122 — Robbery

Any person who takes anything of value from another person, by means of force, violence, or fear of immediate or future injury.

Article 122a — Receiving Stolen Property

Any person who wrongfully and knowingly receives, buys, or conceals stolen property.

Article 123 — Offenses Concerning Government Computers

Any person who knowingly accesses a government computer for an unauthorized purpose — and by doing so:

• Receives classified or protected information.
• Obtains classified information and delivers such information to an unauthorized third party.
• Causes the transmission of a program, information code, or command — and as a result of such conduct, intentionally causes damage to a government computer.

Article 123a — Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds

Any person who, for the procurement of any article or thing of value, with intent to defraud, or for the payment of any past due obligation, or for any other purpose, with intent to deceive.

Article 124 — Frauds Against the United States

Any person who, knowing it to be false or fraudulent, makes any claim against the U.S.

Article 124a — Bribery

Any person who uses their official position to wrongly ask, accept, or receive anything of value in exchange for official action — or any person who wrongfully promises, offers, or gives a thing of value to a person in an official position in exchange for influencing their official actions.

Article 124b — Graft

Any person in an official position who wrongfully asks, accepts, or receives compensation for performance of their official duties — or any person who wrongfully promises, offers, or gives compensation to a person for performance of their official duties.

Article 125 — Kidnapping

Any person who confines or wrongfully carries away another person and holds that person against their will.

Article 126 — Arson; Burning Property with Intent to Defraud

Any person who:

• Maliciously sets fire to the property of another.
• Sets fire to any structure knowing that another person is inside.
• Sets fire to any property with intent to defraud.

Article 127 — Extortion

Any person who communicates threats to another person with the intention thereby to obtain anything of value.

Article 128 — Assault

Any person who:

• Attempts to do bodily harm to another person.
• Offers to do bodily harm to another person.
• Does bodily harm to another person.

Article 128a — Maiming

Any person who intentionally and seriously disfigures another person or destroys or disables any organ of another person.

Article 128b — Domestic Violence

Any person who:

• Commits a violent offense against a spouse, intimate partner, or immediate family member.
• Commits any offense with the intent to intimidate a spouse, intimate partner, or immediate family member.
• Violates a military protective order.

Article 129 — Burglary; Unlawful Entry

Any person who breaks and enters the structure of another with the intent to commit a crime therein — or any person who unlawfully enters the property of another.

Article 130 — Stalking

Any person who wrongfully engages in a repeated pattern of conduct that reasonably causes another person to fear death or bodily harm (including sexual assault) against that person or that person's immediate family member.

Repeated means two or more occasions.

Article 131 — Perjury

Any person who, in a judicial proceeding or in a course of justice, willfully and corruptly upon a lawful oath — or in any form allowed by law to be substituted for an oath — gives any false testimony material to the issue or matter of inquiry.

Article 131a — Subornation of Perjury

Any person who induces another to take an oath and falsely testify.

Article 131b — Obstructing Justice

Any person who engages in conduct with intent to influence, impede, or otherwise obstruct the due administration of justice.

Article 131c — Misprision of Serious Offense

Any person who knows that another person has committed a serious offense and wrongfully conceals the commission of the offense.

Article 131d — Wrongful Refusal to Testify

Any person who wrongfully refuses to testify at an administrative board, a military commission, a court of inquiry, a preliminary hearing, a court-martial, or a deposition after being directed to do so by the person presiding over the proceeding.

Article 131e — Prevention of Authorized Seizure of Property

Any person who disposes of property with intent to prevent the lawful seizure of such property.

Article 131f — Noncompliance with Procedural Rules

Any person who is responsible for unnecessary delay in the disposition of any cases of a person accused of an offense — or knowingly and intentionally fails to enforce or comply with any provision regulating the proceedings before, during, or after trial of an accused.

Article 131g — Wrongful Interference with Adverse Administrative Proceedings

Any person who wrongfully acts with intent to include, impede, or obstruct an administrative proceeding or the due administration of justice.

Article 132 — Retaliation

Any person who:

• Takes / threatens to take an adverse personnel action.
• Withholds / threatens to withhold a favorable personnel action.

…in retaliation for a person reporting or planning to report a crime — or to deter a person from reporting a crime.

Article 133 — Conduct Unbecoming an Officer

Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman.

Article 134 — General Article

Conduct prejudicial to good order and discipline — or of a nature to bring discredit on the armed forces — may be punished under Article 134.

The offenses depicted here are examples — but any conduct may be punishable under Article 134, even if not explicitly listed, if the behavior is prejudicial to good order and discipline or service-discrediting.

Examples:

• Child Pornography
• Animal Abuse
• Extramarital Sexual Contact
• Failure to Pay Debts
• Indecent Language
• Disorderly Conduct, Drunkenness
• Negligent Discharge of Firearm
• Fraternization
• Gambling with Subordinate
• Sexual Harassment

Article 134 may also be used to adopt or assimilate state or Federal law into military practice. In other words: if you commit a crime that is illegal in a particular state where you are located, even if not otherwise a crime under the UCMJ, you may be punished through Article 134.

Miscellaneous Provisions (UCMJ Chapter XI)

Article 138 — Complaints of Wrongs

Any member who submits a complaint to his CC, which the CC fails to resolve, may file an Article 138 complaint.

• Can complain to any superior commissioned officer.
• Complaint forwarded to the General Court-Martial Convening Authority (GCMCA).
  • GCMCA takes proper measures for redressing the wrong.
  • Must send a copy of the complaint to SECAF.

Article 139 — Redress of Injuries to Property

• Any person can make a complaint to a CC alleging that a military member damaged or stole property.
• The commander may convene a board to investigate the complaint.
• The board may assess damages.

Punitive Discharges

From a court-martial, an enlisted member can receive one of two types of discharges. An officer can only receive a dismissal.

Bad-Conduct Discharge

May be adjudged by a General Court-Martial and by a Special Court-Martial. It is less severe than a dishonorable discharge and is designed as a punishment for bad conduct rather than as a punishment for serious offenses of either a civilian or military nature.

Dishonorable Discharge

Reserved for those who should be separated under conditions of dishonor — after having been convicted of offenses usually recognized in civilian jurisdictions as felonies, or of offenses of a military nature requiring severe punishment.

This is the worst punitive discharge you could receive.

Dismissal

Applies only to commissioned officers, commissioned warrant officers, cadets, and midshipmen and may be adjudged only by a GCM. A dismissal may be adjudged for any offense of which the member was found guilty.

Administrative Discharges

Governed by AFI 36-3208, Military Separations.

Administrative discharges (discharges that aren't executed as part of a sentence at a court-martial) are broken into several categories:

Honorable

The quality of the Airman's service has generally met AF standards of acceptable conduct and performance of duty — or the member's service is otherwise so meritorious that any other characterization would be inappropriate.

You receive all of your VA benefits.

General (Under Honorable Conditions)

If an Airman's service has been honest and faithful, but significant negative aspects of conduct or performance of duty outweigh positive aspects of the Airman's military record.

• You receive most of your VA benefits.
• You could lose your GI Bill benefits, depending on length of service:
  • Less than 2 years → no GI Bill.
  • More than 2 but less than 3 years → prorated benefits.

Under Other than Honorable Conditions

When basing the reason for separation on a pattern of behavior — or one or more acts or omissions — that constitute a significant departure from the conduct expected of Airmen.

• The member must have an opportunity for a hearing by an administrative discharge board.
• Your significant VA benefits are denied.

Entry Level Separation

Airmen are in an entry-level status during the first 180 days of continuous active military service. If someone is discharged during this period:

• No characterization of service.
• Not entitled to VA benefits.

Summary

Regardless of where you are stationed, you must always abide by the laws outlined in the UCMJ. Throughout your career, you will either know or read about an Air Force member who did not follow these established procedures.

As you face the challenges and rewards of military life, make a point to maintain your professionalism. Always display the Core Value of Integrity First and remember you are being counted on as a member of our Air Force.