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UCMJ Article 134

What is Article 134?

Article 134 is a general article in the military law. This article is a legal stipulation that allows punishment of the military personnel on the argument that are less specific as to the facts of the offense and as to the punishment. Often times these offenses are most likely to reflect the effect on the military and its mission than the offender’s behavior takes. Article 134 is considered a “catch-all” for many offenses that are not covered by other articles of the Uniform Code of Military Justice. Read below where many people have asked Experts specific questions about military article 134.

An E-5 has received an Article 134 could this stop them from being re-enlisted?

The Military could use this as a reason to state that the service member is not qualified for re-enlistment. If the service member has been on good behavior up until the point to re-enlist ,the military may over look the Article 134 and consider the service members overall performance. The member can ask their commanding officer to reconsider the suspension period, although the commanding officer is not required to. Normally in this situation the service member will need to work extra hard with their chain of command.

If someone was charged with an Article 134 and 125 and then later dropped “without prejudice” after for years active duty member retired can the military recharge the service member after being charged 11 years ago?

Since the charges were dropped without prejudice that means that the military can re-file the case. With that being said, the statute of limitations would apply. The statute of limitations is only five years for these charges, so since this has happened 11 years ago, it is now too late to prosecute

As an enlisted marine what can happen if the marine has had sexual relations with someone who is married to another marine?

Adultery is a violation of the Uniform Code of Military Justice (UCMJ) Article 134. The basics of adultery are that the accused wrongfully had sexual relations with a certain person; that at that time the accused or the other person was married to someone else; and that under the situation the behavior of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. The maximum punishment for adultery in the military is dishonorable discharge, forfeiture all pay and allowances, and up to one year confinement.

Is Spice (also known as K2) illegal in the military, if so what order does it fall under?

Spice is illegal in the military under every branch of the military; each branch has issued their own orders prohibiting the consumption, use, possession, and sale of Spice. This is not normally tested when the military performs urinalysis, but the commanding officer can make a request that it be tested. The command can charge someone under the Article 134 for possession, use, importation into the military, distribution etc. Article 134 includes offenses that are not listed in the Manual for Courts-Martial.

Can a Navy recruiting officer get in trouble for having a married woman live in their home it there is no sexual relations?

This will on depend on many things. Normally if a service member is helping out a friend by allowing someone to stay in their home and the relationship is not based on sexual relations, then this would more than likely not get the service member in trouble. To be charged under the Uniform Code of Military Justice of Adultery requires that there be sexual intercourse between a married man and woman with another.

When dealing with an Article 134, the punishments can be unclear and many times confusing. Article 134 is often known as a “catch-all” for many offenses that aren’t necessarily covered by the other articles in the Uniform Code of Military Justice. Those who don’t understand exactly what an Article 134 is or what Article 134 punishments are can ask Experts that specialize in military law and Article 134 issues.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11866
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent Article 134 Questions

  • If an Air National Guard military member (Lt. Col) has an affair

    If an Air National Guard military member (Lt. Col) has an affair with a Major in his unit, and that Major moves to another unit, (not because of the affair, as it continues,) can both still be prosecuted under Article 134? Additionally, if the Lt Col retires, but the Major stays in, if prosecuted, will the charges only affect the Major? (i.e. the retirement benefits of the Lt Col will not be affected - (seemed to be the case per another question you recently answered.)
  • Are there any rules against profanity in the workplace; if

    Are there any rules against profanity in the workplace; if I (E5) find the language of another (E5) offensive? The language would not be sexual in nature or against some EEO rule but unprofessional and unwelcomed.
  • Sir/Mam: Does it violate the UCMJ for a military leader in

    Sir/Mam:
    Does it violate the UCMJ for a military leader in Iraq (2003 - 2006) to organize a group of young military men and women to write a novel (Springtime in Babylon) that was published under the author's name, D.G. Burns?
    The book is full of “The glorification of sexual and physical violence and abuse of women…” The activities described in explicit detail throughout the book “… include violent sexual acts, rape, orgies, incest and murder.”
    In the newspaper article (Salem, OR, Statesman Journal, 10-11-0014) ***** ***** is quoted explaining why the military supported these Guardsmen joining together to write this book in the middle of a Muslim country during a war. “These were young men and women stationed in Iraq in the middle of a war zone, putting their lives on the line for their country,” Evans said. ”We needed a way to keep their minds occupied between attacks, and several of them wanted to try writing a book.”
    I’m posting a web page where you can read some of the writings these young people wrote under the leadership of their US military leader.
    https://www.scribd.com/doc/242559449/Paul-Evans-book-excerpts
    A couple of retired military friends and I think besides this being a creepy book, it could be possible the activity violated UCMJ.
    Thank you for considering my question.
    Marylin Shannon
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