What Is the Catch All Article of the UCMJ?

If you are a member of the armed forces, whether on active duty or retired, you are considered under the jurisdiction of the Uniform Code of Military Justice (UCMJ), which serves as the legal governing body of the military. There are 146 articles under the UCMJ that outline specific offenses and penalties. However, what if a certain offense is not listed? What is the catch-all article of the UCMJ?

Because the military holds a high standard for its members, violations under the UCMJ aren’t limited to crimes but could also be disciplinary issues or moral code violations. Moreover, because of these high standards, some officers may overstep and abuse their power, criminalizing service members for benign behaviors. If this has happened to you, Aaron Meyer Law can advocate for your rights and help you receive justice.

What Is the Uniform Code of Military Justice?

The UCMJ contains all of the laws, rules, and procedures that govern the U.S. military justice system. Various offenses are listed within the Manual for Courts-Martial (MCM), as well as the rules and procedures for punishing said offenses. Aside from the defendant and prosecutor, key parties of the UCMJ include the military judge, the commanding officer of the accused, a jury, military investigators, and lawyers who provide legal counsel and advice.

Common Offenses Under the UCMJ

Crimes that are punishable under the UCMJ can be as serious as rape and assault or as minor as failing to salute an officer. All articles that contain UCMJ offenses and penalties are listed under Articles 77-134 of the MCM. Some of these offenses are punishable by one of the three courts-martial, while other offenses can be imposed by commanding officers under Article 15. Article 15 punishments do not go through court proceedings and are typically less severe.

The UCMJ takes all forms of misconduct seriously, and a crime that may have misdemeanor consequences under the California Penal Code could have felony-like consequences under the UCMJ. For example, forcibly kissing a person is considered sexual battery in California pursuant to Penal Code 243.4, a misdemeanor punishable by fines up to $2,000. However, under the UCMJ, the consequences of this same offense may be more severe.

Consider the case of a former Air Force Research Laboratory Commander who was sentenced by a military judge based at Travis Air Force Base in California. The specific sentence was abusive sexual contact, and he was ordered to pay a forfeiture of $10,910 a month for a total of five months under Article 120. Some more common offenses of UCMJ include the following:

• Absence without leave (AWOL) – This involves leaving your post or duty without permission.
• Disorderly conduct – Disorderly conduct includes all forms of unruly behavior. It can be a minor or severe offense.
• Disrespect toward a superior – Disrespect could be as minor as failing to salute an officer or verbally attacking them. All forms of disrespect are taken very seriously in the military.
• Failure to obey an order – Failure to obey is serious, as it could lead to deadly consequences during wartime. You could be dishonorably discharged for this offense.
• Assault – Assault involves attacking another person. It is a serious crime that can result in up to 10 years of confinement or even the death penalty for assaulting a superior during wartime.

Catch-All Article of the UCMJ

While most Articles of the UCMJ explicitly state the offense, there is one article that serves as a catch-all. This means that if the offense is not listed under Articles 77-133, the court-martial can use this article to try the offense. The catch-all article of the UCMJ is Article 134, which encompasses all disorders not specifically mentioned that violate the military code of conduct or bring dishonor to the military.

Examples of behaviors that may violate Article 134 include:

• Adultery
• Abusing animals
• Public drunkenness
• Making a disloyal statement
• Failure to pay a debt
• Associating with prostitutes

Depending on their severity, these offenses may be punished under a summary, special, or general court-martial. The martial judge or jury uses discretion to determine the specific penalty.

FAQ

Q: What Is Article 134 of the UCMJ?

A: Article 134 of the UCMJ is the catch-all article that encompasses any conduct that is not specifically outlined in the other articles. Articles 77-133 define specific violations, such as AWOL, disorderly conduct, failure to obey, sexual abuse, and assault. However, if you speak disloyally, commit adultery, or associate with prostitutes, for example, there is no specific article to punish you. This is where Article 134 comes into play.

Q: What Is Article 137 of the UCMJ?

A: Article 137 of the UCMJ is not an offense but a rule for how the military should conduct court proceedings. Specifically, it ensures that all military personnel clearly understand their rights, conduct, as well as their obligations while in the military. It requires superiors to explain the articles at various periods throughout their act of duty.

Q: What Is Article 77 of the UCMJ?

A: Article 77 of the UCMJ does not define an offense or violation but defines who can be charged for an offense. In general, the person who is responsible for the offense is considered the principal. However, this is not limited to the person who directly committed the offense; instead, it extends to anyone who aids, abets, counsels, commands, or advises an offender to commit an offense. It also includes a person who causes the act to be carried out.

Q: What Is Article 31(b) UCMJ?

A: Article 31(b) of the UCMJ is similar to U.S. criminal laws that allow defendants to avoid behavior that could be incriminating. This article similarly protects an accused service member from engaging in behavior that can be incriminating, including exercising their right to remain silent. The principal should also be warned of the charges against them as a protective measure.

Aaron Meyer Law: Dedicated and Fierce Advocate

You have spent a great deal of your life serving our country. Therefore, you deserve to be treated justly, whether during a court-martial or by a commanding officer. No one has the right to abuse their power and leave you facing serious penalties. Let Aaron Meyer Law fight for your rights. Our experience and UCMJ knowledge can put you on the pathway to freedom. Contact us today for a consultation.