ARTICLE 108 UCMJ PDF

In order to be prosecuted for selling or otherwise disposing of military property, the prosecution must demonstrate:. Charges of damaging, destroying, or losing military property, may be applicable if it can be proven that:. Suffering military property to be lost, damaged, destroyed, sold, or wrongfully disposed of requires a demonstration proving:. The term military property refers to all property, real or personal, owned, held, or used by a branch of the United States armed forces. This is not to be confused with Government property.

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In order to be prosecuted for selling or otherwise disposing of military property, the prosecution must demonstrate:. Charges of damaging, destroying, or losing military property, may be applicable if it can be proven that:.

Suffering military property to be lost, damaged, destroyed, sold, or wrongfully disposed of requires a demonstration proving:. The term military property refers to all property, real or personal, owned, held, or used by a branch of the United States armed forces.

This is not to be confused with Government property. While all military property is Government property, not all Government property is military property. Merchandise sold in Service Exchange stores is not determined to be military property under Article For the purposes of Article , the term suffer is equated to the allowing or permitting of an action.

The accused must have allowed something to happen to the property through negligence, recklessness, irresponsibility, or a willful and deliberate violation or intentional disregard of some specific law, regulation, or order. Value and damage vary and is determined by calculating the amount of damage and the estimated or actual cost of repair by the Government agency normally employed in such work, or the cost of replacement, as shown by Government price lists or otherwise, whichever is less.

In the case of loss, destruction, sale, or wrongful disposition, the value of the property controls the maximum punishment which may be adjudged. In the case of damage, the amount of damage controls. While firearm is self-explanatory, the term explosive refers specifically to explosive materials and includes ammunition. The maximum possible punishment for those convicted of an Article violation varies depending upon the action and the monetary value of the item and damages.

If you or someone you know is facing Article charges for Military Property of the United States — Loss, Damage, Destruction, or Wrongful Disposition, you need to speak with a Military defense attorney right away.

Please call Crisp and Associates Military at for a free consultation. Contact Us Now!

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UCMJ Article 108: US Military Property Offenses

Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life!

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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. Three criminal offenses are defined under Article , each with its own unique set of elements:. Any action was taken by a U.

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