Defending Against UCMJ Article 108 Charges

The Uniform Code of Military Justice (UCMJ) outlines procedures and rules that military service members have to follow, along with the penalties for violating those rules. These include the consequences for taking, damaging, or destroying military property under Article 108. Violations of military laws are handled differently from civilian criminal cases.

Defending against UCMJ Article 108 charges requires in-depth knowledge of the military justice system, which you can find at Aaron Meyer Law.

What Is Article 108?

Article 108 in the UCMJ outlines what is considered the misuse of military property and how that is penalized. You could be punished through court-martial if you do any of the following without the authority to do so:

1. Sell or otherwise get rid of any military property.
2. Willfully cause damage, destruction, or loss of military property.
3. Be neglectful with military property, causing damage, destruction, or loss of that property.
4. Allow military property to be lost, damaged, sold, destroyed, or disposed of, either on purpose or through neglect.

There were 701 pending court-martial cases in Fiscal Year 2025 across the Navy, Air Force, Army, Marine Corps, and Coast Guard.

There are approximately 2.12 million military personnel in the U.S. as of 2024, and any active-duty members could potentially have property that must be protected. The law applies to many types of military property, like: 

• Weapons
• Vehicles
• Computers
• Communications equipment and components
• Aircraft
• Ammunition
• Tactical information and equipment
• Passwords
• Sensitive documents

This guideline exists to prevent dangerous weapons, sensitive information, or necessary equipment from being lost, unusable, or destroyed. The severity of your case depends on factors like the value and type of property stolen and whether the offense was intentional or negligent.

Consequences of Article 108 Violations

You can face serious penalties if you sell, damage, or improperly dispose of military property, either at the administrative or court-martial level. You could see penalties like:

• Confinement
• Fines or loss of pay and benefits
• Demotion
• Loss of security clearances
• Criminal charges
• Bad-conduct discharge
• Dishonorable discharge

These consequences can severely impact your future opportunities, career, and reputation.

How Can You Defend Against Article 108 Violation Charges?

The right defense against a charge for violating Article 108 will depend on your specific situation. It might include:

• Non-willful and non-negligent. Your conduct must have been intentional or negligent to be an offense. If it was an accident and not the result of negligence, you could have a defense against this charge.
• Assumption of possession. You may be assumed to be the last person in possession of the property when it was lost, sold, or damaged, but this may not have been the case. A defense attorney can determine if you were the last person who actually had the property.
• Severity of violation. The penalties being recommended for the offense may be overly harsh for the offense committed. A military defense lawyer can show that lesser penalties are fairer.
• Not military property. If the property damaged was not actually military property, then this would be a defense against the charge.

Hire a Military Defense Attorney for Court-Martial Charges

If you have been charged with or accused of violating UCMJ Article 108 laws, you need to hire a military defense attorney quickly. Aaron Meyer Law has years of military defense experience and a military veteran background. Get in touch with our firm to protect your reputation.