ARTICLE 108 UCMJ PDF

Loss, damage, destruction, or wrongful disposition of military property. UCMJ Art. It is immaterial whether the property sold, disposed, destroyed, lost, or damaged had been issued to the accused, to someone else, or even issued at all. If it is proved by either direct or circumstantial evidence that items of individual issue were issued to the accused , it may be inferred, depending on all the evidence , that the damage, destruction, or loss proved was due to the neglect of the accused. Retail merchandise of service exchange stores is not military property under this article.

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A dishonorable discharge or at the very least a bad-conduct discharge could force you to hide your military service from future friends, acquaintances, and employers. You will have your pension, healthcare benefits and salary is taken from you.

The military will not consider the ramifications this will have on you or your family. Your liberties and entitlements could be at risk over something as ridiculous as leaving your equipment out in the rain. Do not allow military prosecutors to hang you out to dry. Generally speaking, the government will have to prove the property was a U. Military property; b that it had some tangible value associated with it; and c that the service member did in fact damage or sell or mismanage the property, either willfully or through negligence.

Was the equipment stolen or taken by force from the service member? Has it been confirmed that the property was indeed U. Military property? Or had this property been purchased by the accused? What was the value of that property at the time it was allegedly mismanaged? Have third parties confirmed its value? Depending on the circumstances we may make the case about the property itself and its value at the time of its mismanagement.

Even if the government has overwhelming evidence that you mismanaged military property, what were your intentions for doing so? Was this a case of simple negligence? Or did you willfully intend to mismanage the property? While our first objective in every case is to secure a full acquittal for our clients, we may consider mitigating the maximum possible sentencing by looking at other, lesser charges.

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Loss, damage, destruction, or wrongful disposition of military property. UCMJ Art. 108

UCMJ Article Military Property of the United States — Loss, Damage, Destruction, or Wrongful Disposition The MCM states a service member may be prosecuted for an Article Military Property of the United States — Loss, Damage, Destruction, or Wrongful Disposition if, without proper authority, they: sells or otherwise disposes of; willfully or through neglect damages, destroys, or loses; or willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States. In order to be prosecuted for selling or otherwise disposing of military property, the prosecution must demonstrate: the accused sold or otherwise disposed of certain property which was a firearm or explosive ; the sale or disposition was without proper authority; the property was military property of the United States; and the property was of a certain value. Charges of damaging, destroying, or losing military property, may be applicable if it can be proven that: the accused, without proper authority, damaged or destroyed certain property in a certain way, or lost certain property; the property was military property of the United States; the damage, destruction, or loss was willfully caused by the accused or was the result of neglect by the accused; and the property was of a certain value or the damage was of a certain amount. Suffering military property to be lost, damaged, destroyed, sold, or wrongfully disposed of requires a demonstration proving: certain property which was a firearm or explosive was lost, damaged, destroyed, sold, or wrongfully disposed of; the property was military property of the United States; the loss, damage, destruction, sale, or wrongful disposition was suffered by the accused, without proper authority, through a certain omission of duty by the accused; the omission was willful or negligent; and the property was of a certain value or the damage was of a certain amount. Understanding Article Military Property of the United States — Loss, damage, destruction, or wrongful disposition of the UCMJ The term military property refers to all property, real or personal, owned, held, or used by a branch of the United States armed forces.

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UCMJ Article 108: US Military Property Offenses

Selling or otherwise disposing of military property. That the accused sold or otherwise disposed of certain property which was a firearm or explosive That the sale or disposition was without proper authority That the property was military property of the United States That the property was of a certain value 2. Damaging, destroying, or losing military property. That the accused, without proper authority, damaged or destroyed certain property in a certain way, or lost certain property That the property was military property of the United States That the damage, destruction, or loss was willfully caused by the accused or was the result of neglect by the accused That the property was of a certain value or the damage was of a certain amount. Suffering military property to be lost, damaged, destroyed, sold, or wrongfully disposed of. That certain property which was a firearm or explosive was lost, damaged, destroyed, sold, or wrongfully disposed of That the property was military property of the United States That the loss, damage, destruction, sale, or wrongful disposition was suffered by the accused, without proper authority, through a certain omission of duty by the accused That the omission was willful or negligent That the property was of a certain value or the damage was of a certain amount Explanation 1. Military property.

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The full code is available to consult online in detail. Here is an index of its chapters, with links or explanations and in-depth exploration of the most popular queries about the UCMJ. Sub Chapter 1. General Provisions Article 1. Definitions Article 3. Jurisdiction to try certain personnel. Article 4.

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