What is an Article 134 offense?
An Article 134 offense is any violation of military law that is not specifically covered by a certain Article of the Uniform Code of Military Justice. These offenses are usually considered minor and they can range from disobeying orders to minor infractions such as improper uniform appearance. In the state of Utah, an Article 134 offense is punishable by up to one year in jail for enlisted personnel and two years in jail for commissioned officers. Any misdemeanor involving a violation of duty or moral turpitude can be considered an Article 134 offense. An example would be adultery, which is generally unacceptable behavior in the armed forces and punishable by up to two years in prison or dismissal from the force. Additionally, there are commonly used offenses such as fraternization and failing to obey orders from superiors that can fall under an Article 134 offense. Article 134 offenses are less serious than Article 15 crimes, which usually involve breaking a specific law such as a federal statute. Article 134 offenses are also different from court-martial proceedings, which can involve much more serious crimes and punishments. In Utah, an accused service member has the right to refuse non-judicial punishment or adversarial proceedings brought under Article 134. The accused has the right to: receive a written statement of the charges, a copy of the evidence used to support the charges, the right to be represented by a lawyer, the right to cross-examine witnesses, and the right to appeal any decision.
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