UCMJ Article 108: Understanding Military Property Laws

If you’re a military member, you’re probably familiar with the Uniform Code of Military Justice or UCMJ. This federal law defines the military justice system and explains the offenses according to military law.

It covers many topics, but we’ll focus on Article 108 of the UCMJ. This portion of the UCMJ delves into the Loss, Damage, Destruction, or Wrongful Disposition of Military Property. What does this entail, and what trouble can you get from violating this article? We’ll discuss further in the article below.

What is the Article 108 of the UCMJ?

UCMJ Article 108 tackles property offenses in the US military. These offenses include selling, wrong disposal, destroying, damaging, losing, and failing to secure, report, and deal with captured property.

What is Considered Military Property?

According to Article 108, military property refers to real or personal property owned, used, or held by any branch of the US Armed Forces. Military property shouldn’t be confused with government property. While military property is considered government property, not all government property is owned by the military. In addition, merchandise sold in service exchange stores isn’t considered military property.

Value and damage are determined by calculating the amount of damage and the estimated or actual cost by a government agency. The property value determines the maximum punishment in case it is lost, destroyed, sold, or wrongfully disposed of.

Offenses under UCMJ Article 108

Article 108 covers three primary offenses, and the punishment of these crimes is dependent on their severity.

Sale or Disposal of US Military Property

The incident must have involved the following elements as detailed in the UCMJ:

• The accused sold or wrongfully disposed of a particular property of the United States military at a specific time and place.
• The accused party wasn’t authorized to conduct such action.
• The prosecutor must present evidence that the incident involved selling firearms or explosive materials. Otherwise, the item must’ve had a specific value, as presented by the prosecutor.

Damage, Loss, or Destruction of US Military Property

The case must have involved the following elements according to the UCMJ:

• Without proper authority, the accused party damaged military property, specifically causing an incident that resulted in property loss or destroyed property.
• The incident involved US military property.
• The property’s damage, destruction, or wrongful disposition was deliberate or caused by neglect.
• The prosecutor must present evidence that the incident involved selling firearms or explosive materials. Otherwise, the item must’ve had a specific value, as presented by the prosecutor.

Suffering the Loss, Damage, or Destruction of US Military Property

This refers to making an incident possible without proper authority by omitting a duty or responsibility. The following elements must have been involved in the incident:

• A particular person destroyed, sold, or wrongfully disposed of a US military property.
• It should be proven that the incident involved military property of the United States.
• The accused party made the incident possible without proper authority by omitting a duty or responsibility.
• This omission was deliberate or driven by neglect.
• The prosecutor must present evidence that the incident involved selling firearms or explosive materials. Otherwise, the item must’ve had a specific value, as presented by the prosecutor.

Consequences of Violating Article 108

The maximum punishment for violating Article 108 would depend on the severity of the crime. Not all cases of losing military property necessarily prompt a court martial. However, the property’s value and estimated cost may warrant this.

The most severe punishment for violating Article 108 is one year’s confinement, forfeiture of all pay and allowance, and a bad conduct discharge. This is granted if the property involved is less or equal to $500.

Meanwhile, the worst penalties a service member can receive for property over $500 include forfeiture of all pay and allowances, ten years of confinement, and a dishonorable discharge.

The Manual for Courts-Martial elucidates the possible punishments for violating Article 108. While a court martial isn’t necessary, it is possible.

Defending Against Charges under UCMJ Article 108

When service members are accused of causing the destruction or wrongful disposition of military property, what should they do? The person subject to the charges will suffer tremendously, regardless of whether they’re responsible for the incident. That’s why conferring with experienced military lawyers familiar with government price lists is best.

If you or someone you know is involved in a case like this, it would be ideal to consult with experts who have experience dealing with these cases and won. If possible, you should ask the opinion of other military community members involved in an incident like this. They can give you insight on the next best steps to avoid the worst possible scenario.

Conclusion

The penalties for getting involved in Article 108 cases can be severe. Service members should be vigilant and secure the best defense possible. You might suffer tremendously if you’re accused of this crime while on active duty service. To show evidence of one’s active duty status, you may refer to SCRACVS for active duty status.

FAQs

What is Article 108 of the UCMJ?

Article 108 of the UCMJ covers incidents wherein a service member accidentally or knowingly caused the sales, loss, damage, or wrongful disposition of US military property without proper authority.

What are the punitive articles of the UCMJ?

Punitive articles of the UCMJ would depend on the crime committed and the circumstances concerning the incident.

What is Article 92 of the UCMJ?

UCMJ Article 92 involves disobeying a direct order from an authoritative figure within the Armed Forces.