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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: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Article 134 Questions

  • I was recently set up on a date with a friend's soccer team

    I was recently set up on a date with a friend's soccer team mate. We hit it off and went on another couple dates and I came to find out that he is an E6 in the Navy (I'm an O2 in the Coast Guard). Everything I've read about fraternization and O to E relationships seems to center on a violation of the chain of command and good order and discipline. I can't see how continuing to date him would upset good order and discipline, as we will never be in the same chain of command ever. I can't find any definitive guidance on the subject, so any advice you have would be greatly appreciated.
  • My husband's personal pad was left in a shopping cart at the

    My husband's personal pad was left in a shopping cart at the bx. It was returned to him by management but he had some nude pics he had posted of himself on a social website and craigslist. They were accessible. He is a squadron commander. Could OSI have had access and now be tracking activities? Will he be in trouble if he solicited sex on these sites? None were children that we are aware of and nothing came to fruition. We recently decided we wanted an open marriage. Is he in trouble for what appears to be adultery?
  • I caught my girlfriend in bed with a Naval Captain. I looked

    I caught my girlfriend in bed with a Naval Captain. I looked him up online and he has a wife. Is there some sort of uniform code that restricts Naval captains from having an affair? If so what steps can I take if I have evidence of this kind of conduct in the form of old pictures and eyewitness testimony?
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