UCMJ Article 105a: False or Unauthorized Pass Offenses

The armed forces depend on accurate control of who may be absent, who may enter a restricted area, and who is who. Passes, permits, discharge certificates, and identification cards are the documents that make that control possible. When a service member falsifies one of these credentials, or trades in or uses a false one, the systems that track personnel and guard secure spaces are compromised. That conduct is reached by Article 105a of the Uniform Code of Military Justice, codified at 10 U.S.C. 905a.

False or unauthorized pass offenses were once charged under the Article 134 general article. The Military Justice Act of 2016 moved them to a standalone provision, Article 105a, effective 1 January 2019. The current offense is therefore Article 105a, and it is built around three distinct categories of misconduct involving false or unauthorized credentials.

The elements the government must prove

Article 105a defines three separate offenses. The prosecution must prove the elements of whichever is charged beyond a reasonable doubt.

For wrongfully making or altering a credential under subsection (a):

  1. That the accused made, altered, counterfeited, or tampered with a military or official pass, permit, discharge certificate, or identification card.
  2. That the act was done wrongfully and falsely.

For wrongfully selling or disposing of a false or unauthorized credential under subsection (b):

  1. That the accused sold, gave, lent, or disposed of a false or unauthorized military or official pass, permit, discharge certificate, or identification card.
  2. That the accused did so wrongfully and knew the credential was false or unauthorized.

For wrongfully using or possessing a false or unauthorized credential under subsection (c):

  1. That the accused used or possessed a false or unauthorized military or official pass, permit, discharge certificate, or identification card.
  2. That the accused did so wrongfully and knew the credential was false or unauthorized.

Because Article 105a is a standalone article rather than a general-article offense, it does not carry a separate terminal element requiring proof of prejudice to good order and discipline or service discredit.

What the offense covers

The statute reaches a broad set of official credentials: passes, permits, discharge certificates, and identification cards. The conduct it punishes falls into three lanes. The first is creating or corrupting a credential, by making, altering, counterfeiting, or tampering with it. The second is trafficking, by selling, giving, lending, or otherwise disposing of a false or unauthorized credential while knowing it is false or unauthorized. The third is using or possessing a false or unauthorized credential with that same knowledge. For the selling and the using or possessing offenses, knowledge that the credential is false or unauthorized is essential. A person who innocently holds a document believing it to be valid has not committed the offense.

Maximum punishment

Under the Manual for Courts-Martial, the maximum punishment for false or unauthorized pass offenses committed with the intent to defraud or deceive is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years, along with reduction to the lowest enlisted grade. Where that intent is not present, the Manual provides a lower ceiling for the offense.

For offenses committed on or after 27 December 2023, sentencing proceeds under the standardized sentencing parameters and criteria, with the listed maximum serving as the ceiling. The earlier secondary description of a six-month ceiling for this conduct reflects the older general-article treatment and does not match the current Article 105a punishment, which reaches up to three years for offenses involving intent to defraud or deceive.

Common defenses

Defenses to an Article 105a charge usually contest knowledge, wrongfulness, or authority:

  • Lack of knowledge: for the selling and using or possessing offenses, the accused did not know the credential was false or unauthorized.
  • Lawful authority: the credential was issued or authorized by a person with lawful authority to do so.
  • No wrongful act: an alteration or apparent defect resulted from an official clerical error rather than wrongful conduct by the accused.
  • Mistaken identity or factual dispute: the government cannot prove the accused engaged in the charged act.

Distinctions from related offenses

Article 105a is the specific provision for false or unauthorized passes and similar credentials. It overlaps in places with forgery under Article 105, which addresses falsely making or altering a writing that would, if genuine, impose a legal liability or change a legal right. A forged pass may implicate both articles, but Article 105a exists precisely to address credentials tied to absence, access, and identity.

The offense is also distinct from unauthorized absence under Article 86. A service member who uses a false pass to extend time away may face both an Article 105a charge for the false credential and an Article 86 charge for the absence itself, because the two address different aspects of the misconduct. It likewise differs from impersonation offenses under Article 106, which target falsely assuming a status or identity rather than the falsification of a document.

Frequently asked questions

Is this an Article 134 offense?
No. False or unauthorized pass offenses were moved from the Article 134 general article to the standalone Article 105a, effective 1 January 2019.

Does the accused have to actually use the false pass?
No. The article separately punishes making or altering a credential, selling or disposing of one, and using or possessing one. Wrongfully making or counterfeiting a credential is complete without any later use.

Does the offense require knowledge that the credential is false?
For the selling and the using or possessing offenses, yes. The accused must know the credential is false or unauthorized. A person who genuinely believed a document was valid has a defense.

Are electronic credentials covered?
The article covers official military passes, permits, discharge certificates, and identification cards. Whether a particular electronic credential falls within those categories depends on the facts and the nature of the document.

Can a pass offense be charged alongside unauthorized absence?
Yes. Using a false pass to extend an absence can support both an Article 105a charge and an Article 86 unauthorized absence charge, because they punish different conduct.

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

Sources

  • 10 U.S.C. 905a, Article 105a, False or unauthorized pass offenses: https://www.law.cornell.edu/uscode/text/10/905a
  • 10 U.S.C. 905, Article 105, Forgery: https://www.law.cornell.edu/uscode/text/10/905
  • 10 U.S.C. 886, Article 86, Absence without leave: https://www.law.cornell.edu/uscode/text/10/886
  • Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Military-Law/Current-Publications-and-Updates/
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ

Related:

  1. UCMJ Article 107a: Parole Violation A service member who earns parole from military confinement leaves the disciplinary barracks under a written promise to obey specific conditions. Breaking that promise is itself a criminal offense. Article......
  2. UCMJ Article 84: Breach of Medical Quarantine When a contagious illness threatens a warship, a barracks, or a forward-deployed unit, commanders and medical officers can place affected personnel under quarantine to keep an outbreak from spreading. A......
  3. UCMJ Article 109a: Mail Matter: Wrongful Taking or Opening For deployed service members and their families, the mail is often a lifeline. A unit mailroom may hold birthday packages, official correspondence, prescription medications, and letters that carry real weight......
  4. UCMJ Article 87b: Breach of Restriction Restriction is one of the milder forms of military restraint. It does not put a service member behind a locked door; it confines movement to defined limits, such as a......
  5. UCMJ Article 131c: Misprision of a Serious Offense A service member who learns that someone has committed a serious crime, and then takes steps to hide it, can be prosecuted under Article 131c of the Uniform Code of......
  6. UCMJ Article 129: Burglary For most of its history, burglary in military law carried the old common-law trappings: it had to involve a dwelling house, and it had to happen at night. That is......
  7. UCMJ Article 118: Murder Murder is the most serious offense in the military justice system, and it is one of the few that can expose a service member to the death penalty. Article 118......
  8. UCMJ Article 103: Spies Among the offenses in military law, few carry the gravity of spying in wartime. A person who infiltrates a military area under false colors to gather intelligence for an enemy......
  9. UCMJ Article 123a: Making, Drawing, or Uttering a Check Without Sufficient Funds A bounced check is usually a banking problem. It becomes a criminal one when the person who wrote it knew the account could not cover it and used it to......
  10. UCMJ Article 89: Disrespect Toward or Assault of a Superior Commissioned Officer The relationship between a service member and a superior commissioned officer rests on a baseline of respect and physical safety. Article 89 of the Uniform Code of Military Justice protects......
  11. UCMJ Article 130: Stalking Repeated, unwanted attention can become a crime long before it turns into a physical attack. Following someone day after day, flooding a person with threatening messages, or watching their movements......
  12. UCMJ Article 134: Straggling A unit moves only as fast as its slowest member, and accountability during movement is a basic measure of discipline. A service member who, without authority, lags behind, wanders off,......
  13. UCMJ Article 106a: Wearing Unauthorized Insignia, Decoration, or Badge Military awards and qualification badges carry meaning precisely because they are earned. A service member who wears a decoration, badge, or other device he or she is not authorized to......
  14. UCMJ Article 125: Kidnapping Kidnapping is among the gravest offenses a service member can face under military law. Article 125 of the Uniform Code of Military Justice punishes the unlawful seizing and holding of......
  15. UCMJ Article 129: Unlawful Entry Walking into another unit's barracks without permission, slipping into a restricted storage area to look around, or entering a building with no authority and no invitation can expose a service......