What is the Uniform Code of Military Justice (UCMJ) Article 134?
The Uniform Code of Military Justice (UCMJ) Article 134 is the general article in the UCMJ used to prosecute criminal offenses within the US Armed Forces. It prohibits conduct that is alleged to bring discredit to the military or conduct prejudicial to good order and discipline. Essentially, UCMJ 134 addresses all criminal offenses not specifically enumerated in the other articles of the code. This article is a general catch-all article that applies to all branches of the military, including California’s Army National Guard, Air National Guard, Naval Reserve, and Coast Guard. Under UCMJ Article 134, there are eight punishable offenses: drunkenness and other disorders, conduct unbecoming an officer and a gentleman, cruelty and maltreatment, disobedience of orders, frauds against the US or its members, malingering, aiding the enemy, and misbehavior before the enemy. Consequences for violating Article 134 of the UCMJ vary depending on the severity of the offense, but could include reduction in rank, dishonorable discharge, loss of pay, imprisonment, and even a combination of punishments. Additionally, each branch of the military has its own set of court-martial rules and regulations to enforce the UCMJ. It is important to note that, under California state law, military members may be subject to double jeopardy for the same offense if found guilty in a civilian and military court. In addition, a California court may use evidence or findings from a military court-martial as the basis for its decision.
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