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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.
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Recent Article 134 Questions

  • I am a 1st Class Petty Officer assigned to a ship in the Navy

    I am a 1st Class Petty Officer assigned to a ship in the Navy and was charge for Violation of UCMJ article 134, Treat communicating. I did not submit a statement and was foung guilty and awarded Reduction in Rate to E5, Forfeiture of 1/2 pay for 1 month (suspended), 30 days restriction (suspended) and 30 days extra duties (suspended). Since the reduction in rate makes me High Tenure, it effectively ends my career without any previous mast or an administrative board. If I appeal on the basis that the punishment was disportionate to the offense for which it was imposed; what are my chances of winning the appeal?
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    What is the best possible outcome from a an article 111 and article 134 in the USAF? I received a DUI off post in Germany recently and am evaluating my options for a plan of action.
  • For the past 6 months I have been asking the unit to give me

    For the past 6 months I have been asking the unit to give me a medical profile for my back. I injured it while overseas in Iraq in 2008, Degenerative Disc Disease, due to equipment overuse. My back has gotten worse within the past 8 months, along with nerve damage to my right leg. I can't ride in a vehicle longer than an hour, can't wear the body armor for long periods of time, can't stand comfortably for longer than 20 minutes, can't sit still comfortably longer than 10 minutes, etc. I had the PHA (Periodic Health Assessment) conducted, unit wide, during November's Drill. I gave the health physician all the documents pertaining to my back condition, even the latest VA C&P Exam findings conducted in October. VA raised my disability rating from 10% to 50%, 40% for my back and 10% for my right leg. No permanent or temporary profile has come out of it. My PULHES are all 1, how is that possible when my lower extremities are messed up. I found out back in 2011, during that PHA that I had a temporary profile with a 3 in the L of the PULHES. December's Drill I went a spoke with the medical officer, he looked up the account and saw that the permanent profile was "returned" and sent a notification to find out way. I then gave him all the documents as well, and he even suggested a permanent profile and said he was going to sign a case worker for me. He than stated that he would give all the information to the Legal NCO and that he would sent it up to the General Surgeon's office. It now has been a month, but I don't know if because of the holidays being the reason for me not getting the permanent profile or not. I emailed the Legal NCO Tuesday to find out what is happening and if he found out the reason to the permanent profile being "returned" from November's PHA. My question is what are my choices if a permanent profile or even a temporary profile doesn't produce? I know there is an article 134, but I don't know if it applies. Also would filing an IG complaint against the unit for this matter do anything? I am not looking to make the process faster, just to get it started. Should I contact JAG, or a military lawyer, and seek advice like that?
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