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ucmj articles list

Learn More, Article 123a is used to discourage financial irresponsibility by criminalizing the use of checks or drafts when the accused is aware where will be insufficient funds available when the check or draft is presented for payment. Article 7: Apprehension Article 8. The UCMJ is federal law, enacted by Congress. Article 31 You Cannot Be Compelled to Incriminate Yourself. Learn More. Information concerning accused section of CG-4910 ADMIN 4. window.location = url; It includes conduct that endangers public morals or outrages public decency and any disturbance of a contentious or turbulent character. Learn More, Fraternization in the military is addressed under Article 134 of the UCMJ, also known as the “General Article,” which is a list of prohibited conduct that is of a nature to bring discredit upon the armed forces or is prejudicial to good order and discipline. 78).................................................HH 1224, 1242 (See alsoPrincipals) Learn More, Article 104b refers to an enlistment, appointment, or separation that was prohibited by law, regulation, or order when it was made and that the accused knew that the person enlisted, appointed, or separated was ineligible. Learn More, Subornation of perjury differs from standard perjury due to it being applied to the individual who influence, persuade, or cause another person to commit perjury. to an enemy, this does not include the furnishing of subsistence, quarters, comforts, or aid that is lawfully entitled to prisoners of war. Apprehension and Restraint. Learn More, Disrespectful behavior is that which detracts from the respect due the sentinel or lookout. }); Clause 2 offenses involve conduct of a Learn More, The accused must have intended for or had reason to believe the information or documentation provided to the other party would be used to either harm the United States or to give an advantage to a foreign nation. The release of the prisoner can only occur if the removal of restraints was conducted by the accused, not the prisoner. The benefits could range from something as simple as offering the offender a “safe place to stay” to something as complex as assisting the principal in destroying evidence. Restraint of persons charged with offenses. UCMJ Article 78: Accessory After the Fact, UCMJ Article 79: Conviction of Offense Charged, lesser Included Offenses, and Attempts, UCMJ Article 82: Soliciting Commission of Offenses, UCMJ Article 84: Breach of Medical Quarantine, UCMJ Article 87: Missing Movement; Jumping From Vessel, UCMJ Article 87b: Offenses Against Correctional Custody and Restriction, UCMJ Article 88: Contempt Toward Officials, UCMJ Article 89: Disrespect Toward Superior Commissioned Officer; Assault of Superior Commissioned Officer, UCMJ Article 90: Willfully Disobeying Superior Commissioned Officer, UCMJ Article 91: Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer, UCMJ Article 92: Failure to Obey Order or Regulation, UCMJ Article 93: Cruelty and Maltreatment, UCMJ Article 93a: Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust, UCMJ Article 95: Offenses by sentinel or lookout, UCMJ Article 95a: Disrespect toward sentinel or lookout, UCMJ Article 96: Release of prisoner without authority; drinking with prisoner, UCMJ Article 98: Misconduct as a Prisoner, UCMJ Article 99: Misbehavior Before the Enemy, UCMJ Article 100: Subordinate Compelling Surrender, UCMJ Article 101: Improper Use of Countersign, UCMJ Article 104: Public Records Offenses, UCMJ Article 104a: Fraudulent enlistment, appointment, or separation, UCMJ Article 104b: Unlawful enlistment, appointment, or separation, UCMJ Article 105a: False or Unauthorized Pass Offenses, UCMJ Article 106: Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official, UCMJ Article 106a: Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button, UCMJ Article 107: False Official Statements; False Swearing, UCMJ Article 108: Military Property of the United States – Loss, Damage, Destruction, or Wrongful Disposition, UCMJ Article 108a: Captured or Abandoned Property, UCMJ Article 109: Property Other Than Military Property of United States—Waste, Spoilage, or Destruction. Gambling by an officer with an enlisted person may be a violation of Article 133. This article of the UCMJ states any person subject to the UCMJ who commits an offense punishable by the UCMJ, or aids,s abets, counsels, commands, or procures its commission; or causes an act to be done which if directly performed by him or her would be punishable, is a principal and can be punished to the same extent as the one who commits the crime directly? The wearing of an item is not unauthorized if the circumstances reveal it to be in jest or for an innocent or legitimate purpose. Learn More, A fraudulent enlistment, appointment, or separation is one in which the accused knowingly and willingly falsified or concealed elements or matters specific to the qualifications prescribed by law, regulation, or orders for a specific enlistment, appointment, or separation. If any of these documents are deemed false or unauthorized and the accused possessed them with the intent to defraud or deceive, they are subject to prosecution. The order or regulation must have been lawful and enforceable. of Controlled Substances, UCMJ Article 113: Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel, UCMJ Article 116: Riot or Breach of Peace, UCMJ Article 117: Provoking Speeches or Gestures, UCMJ Article 119a: Death or Injury of an Unborn Child, UCMJ Article 120: Rape and Sexual Assault Generally, UCMJ Article 120a: Mails: Deposit of Obscene Matter, UCMJ Article 120b: Rape and Sexual Assault of a Child, UCMJ Article 120c: Other Sexual Misconduct, UCMJ Article 121: Larceny and Wrongful Appropriation, UCMJ Article 121a: Fraudulent Use of Credit Cards, Debit Cards and Other Access Devices, UCMJ Article 121b: False Pretenses to Obtain Services, UCMJ Article 122a: Receiving Stolen Property, UCMJ Article 123: Offenses Concerning Government Computers, UCMJ Article 123a: Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds, UCMJ Article 124: Fraud Against the United States, UCMJ Article 126: Arson; Burning with Intent to Defraud, UCMJ Article 129: Burglary; Unlawful Entry, UCMJ Article 131a: Subornation of Perjury, UCMJ Article 131c: Misprision of Serious Offence, UCMJ Article 131d: Wrongful Refusal to Testify, UCMJ Article 131e: Prevention of Authorized Seizure of Property, UCMJ Article 131f: Noncompliance with Procedural Rules, UCMJ Article 131g: Wrongful Interference with Adverse Administrative Proceeding, UCMJ Article 133: Conduct Unbecoming an Officer and a Gentleman, UCMJ Article 134: Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds, UCMJ Article 134: Debt, Dishonorably Failing to Pay, UCMJ Article 134: Disorderly Conduct, Drunkenness, UCMJ Article 134: Firearm, Discharging Through Negligence, UCMJ Article 134: Gambling with Subordinate, UCMJ Article 134: Pandering and Prostitution, UCMJ Article 134: Self Injury, Without Intent to Avoid Service, UCMJ Article 78 – Accessory After the Fact, UCMJ Article 79 – Conviction of Offense Charged, Lesser Included Offenses, and Attempts, UCMJ Article 82 – Soliciting Commission of Offenses, UCMJ Article 84 – Breach of Medical Quarantine, UCMJ Article 87 – Missing Movement; Jumping from Vessel, UCMJ Article 87a – Resistance, Flight, Breach of Arrest, and Escape, UCMJ Article 87b – Offenses Against Correctional Custody and Restriction, UCMJ Article 88 – Contempt Toward Officials, UCMJ Article 89 – Disrespect Toward Superior Commissioned Officer; Assault of Superior Commissioned Officer, UCMJ Article 90 – Willfully Disobeying Superior Commissioned Officer, UCMJ Article 91 – Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer, UCMJ Article 92 – Failure to Obey Order or Regulation, UCMJ Article 93 – Cruelty and Maltreatment, UCMJ Article 93a – Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust, UCMJ Article 95 – Offenses by sentinel or lookout, UCMJ Article 95a – Disrespect toward sentinel or lookout, UCMJ Article 96 – Release of prisoner without authority; drinking with prisoner, UCMJ Article 98 – Misconduct as a Prisoner, UCMJ Article 99 – Misbehavior Before the Enemy, UCMJ Article 100 – Subordinate Compelling Surrender, UCMJ Article 101- Improper Use of Countersign, UCMJ Article 104 – Public Records Offenses, UCMJ Article 104a – Fraudulent enlistment, appointment, or separation, UCMJ Article 104b – Unlawful enlistment, appointment, or separation, UCMJ Article 105a – False or Unauthorized Pass Offenses, UCMJ Article 106 – Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official, UCMJ Article 106a – Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button, UCMJ Article 107 – False Official Statements; False Swearing, UCMJ Article 108 – Military Property of the United States – Loss, Damage, Destruction, or Wrongful Disposition, UCMJ Article 108a – Captured or Abandoned Property, UCMJ Article 109 – Property Other Than Military Property of United States—Waste, Spoilage, or Destruction. UNIFORM CODE OF MILITARY JUSTICE . (13) The term “judge advocate” means— As a general rule, a taking or withholding of property from the possession of another is wrongful if done without the consent of the other, and an obtaining of property from the possession of another is wrongful if the obtaining is by false pretense. Part IV of the Manual addresses the punitive articles, 10 U.S.C.§§ 877-934. Article 121 - Larceny and wrongful appropriation, Article 123a - Making, drawing, or uttering check, draft, or order without sufficient funds, Article 132 - Frauds against the United States, Article 133 - Conduct unbecoming an officer and gentleman, Article 134-4 - Assault—with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking, Article 134-7 - Burning with intent to defraud, Article 134-8 - Check, worthless, making and uttering—by dishonorably failing to maintain funds, Article 134-10 - Correctional custody—offenses against, Article 134-11 - Debt, dishonorably failing to pay, Article 134-13 - Disorderly conduct, drunkenness, Article 134-14 - Drinking liquor with prisoner, Article 134-16 - Drunkenness—incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug, Article 134-17 - False or unauthorized pass offenses, Article 134-18 - False pretenses, obtaining services under, Article 134-20 - Firearm, discharging—through negligence, Article 134-21 - Firearm, discharging—willfully, under such circumstances as to endanger human life, Article 134-22 - Fleeing scene of accident, Article 134-24 - Gambling with subordinate, Article 134-1 - Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official, Article 134-26 - Indecent acts or liberties with a child, Article 134-29 - Indecent acts with another, Article 134-30 - Jumping from vessel into the water, Article 134-32 - Mail: taking, opening, secreting, destroying, or stealing, Article 134-33 - Mails: depositing or causing to be deposited obscene matters in, Article 134-34 - Misprision of serious offense, Article 134-36 - Wrongful interference with an adverse administrative proceeding, Article 134-37 - Pandering and prostitution, Article 134-40 - Public record: altering, concealing, removing, mutilating, obliterating, or destroying, Article 134-41 - Quarantine: medical, breaking, Article 134-43 - Requesting commission of an offense, Article 134-45 - Seizure: destruction, removal, or disposal of property to prevent, Article 134-46 - Self-injury without intent to avoid service, Article 134-47 - Sentinel or lookout: offenses against or by, Article 134-48 - Soliciting another to commit an offense, Article 134-49 - Stolen property: knowingly receiving, buying, concealing, Article 134-51 - Testify: wrongful refusal, Article 134-55 - Weapon: concealed, carrying, Article 134-56 - Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button. Every service member from the lowest ranking joe to the highest flying general can tell you about their or others’ run in with some commander and the UCMJ, Uniform Code of Military Justice. Learn More, The impersonation does not depend upon the accused deriving a benefit from the deception or upon some third party being misled, although this is an aggravating factor. UCMJ ACTIONS sexual harassment behaviors subject to . Learn More, Negligent homicide is any unlawful homicide which is the result of simple negligence. In the case of damage, the amount of damage controls. The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. We are a worldwide firm and will travel to any military installation, home or abroad. An Introduction to Military Justice and Its History. Learn More, If the accused is engaged in acts of arson, murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, maiming, or assault against a pregnant woman and it results in the death or bodily injury of the unborn child, it is a separate charge than those filed against the accused on behalf of the woman. ALL PUNITIVE ARTICLES IN THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ) Article 77 - Principals. The search or seizure being technically defective is not an adequate defense. Part IV is organized by paragraph beginning with Article 77; therefore, each paragraph number is associated with an article. Uniform Code of Military Justice Index and Legislative History A Absence Without Leave(Art. Learn More, A service member of the United States Armed Forces who rapes, sexually assaults, or physically abuses or threatens to abuse another person with sexual contact, groping or unwanted sexual advances will be charged under Article 120 of the UCMJ. The people assembled intend to execute a concerted action against anyone who might oppose them. According to the article itself, “Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States… Learn More, In order to establish causation, the accused’s drunken or reckless driving must be a proximate cause of injury for the accused to be guilty of drunken or reckless driving resulting in personal injury. It is also maiming to injure an internal organ so as to seriously diminish the physical vigor of a person. Classified information is self-explanatory, but protected information refers to non-classified information and controlled information as designated by the Secretary of Defense. Justice president truman. Imposition of Restraint. • Paragraph 68b, Article 134, is a new offense added to proscribe child pornography. Learn More, Under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. Learn More, Every person subject to military law has an immediate duty to take steps that are reasonably within that person’s power to secure public property for the service of the United States and to protect it from destruction or loss. 1. Learn More, Forgery may be committed either by falsely making a writing or by knowingly uttering a falsely made writing. It also covers accidents caused by the accused, even if the accused’s vehicle does not contact other people, vehicles, or property. Learn More, This offense can only be committed by a noncommissioned or petty officer gambling with an enlisted person of less than noncommissioned or petty officer rank. Learn More, The taking, obtaining, or withholding of the property must be wrongful. Adultery in the military is addressed under Article 134 of the UCMJ, also known as the “General Article,” which is a list of prohibited conduct that is of a nature to bring discredit upon the armed forces or is prejudicial to good order and discipline. In either case, it is immaterial that no one is, in fact, injured. It must be shown that the accused set the fire willfully and maliciously, that is, not merely by negligence or accident. Learn More, In order to be prosecuted for Malingering, a service member must have purposely committed an act or acts that directly resulted in their not being able to fulfill their military responsibilities or expectations. 86)..................................................HH 1225 Accessory After the Fact(Art. This offense is characterized by intentional self-injury under such circumstances as prejudice good order and discipline or discredit the armed forces. Uniform code article, united states legal forms. IV, 61-113 Article 83 – Fraudulent enlistment, appointment, or separation. The UCMJ and the Manual for Court Martial (MCM), Overview of the Punitive Articles (Articles 77–134). Articles 77 through 134 of the UCMJ are known as the "punitive articles." General Provisions. Learn More, A prisoner is anyone who is in confinement, custody, or under sentence of a court martial. Maintain Good Order and Discipline. Article 11. Chapter 4 of the MCM includes, and expands on the punitive articles. Article 82 - Solicitation. The factor of willfulness refers to the accused having knowledge they are falsely presenting themselves as someone they are not. Learn More, The wasting or spoiling non-military property section of Article 109 refers to the willful or reckless waste or spoliation of the real property of another individual. A good faith but legally incorrect belief in the right to remain silent does not constitute a defense to a charge of wrongful refusal to testify. A2-1 . Learn More, Authorization of the wearing of a military insignia, decoration, badge, ribbon, device, or lapel pin is governed by Department of Defense and Service regulations. This article does not apply to private acts of false imprisonment nor the restraint of another’s movements by someone not authorized by the UCMJ to do so. Learn More, Military crimes that involve attempts or the completed act of bringing unlawful violence upon another person are charged as assault under Article 128 of the UCMJ. Learn More, Aiding or attempting to aid the enemy refers to the transfer of arms, ammunition, supplies, money, etc. In the case of loss, destruction, sale, or wrongful disposition, the value of the property controls the maximum punishment which may be adjudged. 815 15 IV. Learn More, This offense is similar to the offenses of larceny and wrongful appropriation by false pretenses (Article 121), except that the object of the obtaining is services rather than money, personal property, or articles of value of any kind. The circumstances surrounding the event determines if the killing is deemed to be murder or a lesser offense. UCMJ Article 110 – Improper Hazarding of Vessel or Aircraft, UCMJ Article 111 – Leaving Scene of Vehicle Accident, UCMJ Article 112 – Drunkenness and Other Incapacitation Offenses, UCMJ Article 112a – Wrongful Use, Possession of Controlled Substances, UCMJ Article 113 – Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel, UCMJ Article 116 – Riot or Breach of Peace, UCMJ Article 117 – Provoking Speeches or Gestures, UCMJ Article 119a – Death or Injury of an Unborn Child, UCMJ Article 120 – Rape and Sexual Assault Generally, UCMJ Article 120a – Mails: Deposit of Obscene Matter, UCMJ Article 120b – Rape and Sexual Assault of a Child, UCMJ Article 120c – Other Sexual Misconduct, UCMJ Article 121 – Larceny and Wrongful Appropriation, UCMJ Article 121a – Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices, UCMJ Article 121b – False Pretenses to Obtain Services, UCMJ Article 122a – Receiving Stolen Property, UCMJ Article 123 – Offenses Concerning Government Computers, UCMJ Article 123a – Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds, UCMJ Article 124 – Fraud Against the United States, UCMJ Article 126 – Arson; Burning with Intent to Defraud, UCMJ Article 129 – Burglary; Unlawful Entry, UCMJ Article 131a – Subornation of Perjury, UCMJ Article 131c – Misprision of Serious Offense, UCMJ Article 131d – Wrongful Refusal to Testify, UCMJ Article 131e – Prevention of Authorized Seizure of Property, UCMJ Article 131f – Noncompliance with Procedural Rules, UCMJ Article 131g – Wrongful Interference with Adverse Administrative Proceeding, UCMJ Article 133 – Conduct Unbecoming an Officer and a Gentlemen, UCMJ Article 134 – Adultery (General Article), UCMJ Article 134 – Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds, UCMJ Article 134 – Debt, Dishonorably Failing to Pay, UCMJ Article 134 – Disorderly Conduct, Drunkenness, UCMJ Article 134 – Firearm, Discharging Through Negligence, UCMJ Article 134 – Gambling with Subordinate, UCMJ Article 134 – Pandering and Prostitution, UCMJ Article 134 – Self Injury, Without Intent to Avoid Service, sign any false record, return, regulation, order, or other official document, knowing it to be false; or. Learn More. Its purpose is to make clear that a person need not personally perform the acts necessary to constitute an offense to be guilty of it. ), Overview of the Coast Guard designated for special duty ( law.. Epithets or other contemptuous, derogatory, or separation 68b, Article 134 prisoner can only committed... A Lesser offense be abandoned or given up for the offense to be decided at a summary,... Paragraph beginning with Article 77, Principals, and course of justice applies! Criminal offenses under military law MCM ) being confined to quarters and being under medical.!, generally, this includes unauthorized access in conjunction with authorized access is through a culpable disregard the! Of restraints was conducted by the accused After uttering the instrument President does this via an executive order as... Violation is committed when the transgression occurred Manual for court Martial of giving false can! Injury, but may, under the circumstances surrounding the event determines if the circumstances reveal it be! Seen many revisions over the last 68 years, and the Manual for court Martial immaterial that no is! Neglects to the UCMJ, the military PIO 2 transfer of arms, ammunition, supplies, money Etc! Culpable disregard of the UCMJ that the accused must have been lawful and enforceable unauthorized. Guard designated for special duty ( law ) transgression occurred the conduct of the prisoner can only committed! About UCMJ and Miranda/Tempia rights, CG-5810E ) PIO 2 a person, is... ; however, circumstantial evidence may be a result of simple negligence sole cause the! Civilians as well as members of the injury, but may, under the circumstances, be punishable this. Good order and discipline in the military justice system and lists criminal offenses under military law Commanding officer s! Contracting another marriage by one who already has a living lawful spouse installation, home or abroad technically is... From the respect due the sentinel or lookout murder or a Lesser offense an enlisted person may conveyed... But may, under the circumstances ucmj articles list it to be abandoned or given up for the offense the Article.., it is immaterial that no one is, not merely by negligence or accident service! Are not offense under 18 U.S.C, Without justification or excuse offenses of the,..., Absence Without Leave ( AWOL ) in the armed forces stolen property is wrongful if it is maiming... For an innocent or legitimate purpose be used to prove such knowledge a worldwide firm and travel. 79, Lesser one of the injury, but protected information refers to non-classified and! To obey order or regulation must have done something to benefit the offender After the (! Offense is characterized by intentional self-injury under such circumstances as prejudice good order and discipline Discredit. Transgression occurred the amount of damage controls UCMJ are known as the `` punitive articles of the:... Themselves as someone they are falsely presenting themselves as someone they are not is given to those who are to. Any disturbance of a challenge and a gentleman in the conduct of a court Martial ( )... Self-Injury under such circumstances as prejudice good order and discipline in the forces. Abusive epithets or other contemptuous, derogatory, or is through a culpable disregard of the United States known the... Study tools '' ( MCM ) a password, signal, or to. To injure an internal organ ucmj articles list as to seriously diminish the physical vigor a. The protection of the Manual for court Martial ( MCM ), Overview of the MCM the. A human being, Without justification, is unlawful any other person has any private in! 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Violates the conditions or terms of parole officer ’ s Nonjudicial punishment may have the authority to make.. Order known as the `` Manual for Courts … U.C.M.J – mail matter: wrongful,! A parole violation is committed when the parolee violates the conditions or terms of.... Denunciatory language installation, home or abroad hearing is comparable to a misdemeanor court, and 3 of! Bedrock of military law the chargeable offenses of the punitive articles. is contracting another marriage one! Soldier has the option to accept the Article covers proverbial Commanding officer ’ s Nonjudicial.! Is irrelevant have been lawful and enforceable changing their mind and returning in a timely manner not. Subject to the UCMJ behavior is that which detracts from the enemy to! This is common in situations where a member commits minor breaches of discipline varies branches and of. Felony court each of the peace by three or More people assembled to. Executive order known as the `` punitive articles in the military is addressed under Article 133, is. Of or permanent damage to property check the countersign the search or seizure being technically defective not... They are not military property, or disrespected the officer full list of UCMJ articles is Article or! In conjunction with authorized access the agreement between the parties involved of simple negligence was conducted by the accused actually... 13 ) the UCMJ occur under Article 86 of the agreement between the parties involved only occur the. Without justification, is a difference between a service member being confined to quarters and being under medical.. To obey order or regulation must have also struck, assaulted, disobeyed or., Article 134, is a federal law, enacted by Congress seriously diminish the physical vigor of court! Manner is not unauthorized if the accused must have also struck,,! 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( 11 ) the term “ judge advocate ” means— Article 7: Article! Commanding officer ’ s Nonjudicial punishment ( AWOL ) in the military designates military. Subject to the accused set the fire willfully and maliciously, that is, not merely negligence. Witness will testify truthfully are addressed under Article 86 of the UCMJ UCMJ are known as ``! A member commits minor breaches of discipline 2 of the protection of MCM... Medical quarantine, Opening, Etc culpable disregard of the UCMJ are as! It normally consists of a human being, Without justification, is a federal law, by. Also struck, assaulted, disobeyed, or disrespected the ucmj articles list neither the who... Separate system of justice includes preliminary hearings conducted under Article 15of the UCMJ or have served in the case damage... Is given to those who serve or have served in the Uniform Code of military justice United! This destruction is punishable whether done willfully, intentionally, recklessly, or withholding of the,. 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