UCMJ Article 107 – Making False Official Statements

UCMJ Article 107 punishes service members who knowingly make false official statements or entries, or who sign official documents knowing the information is false. Military justice depends on accuracy and honesty in official matters. Any deliberate falsehood in official documents, records, or statements undermines discipline, trust, and the integrity of the armed forces.

This provision is broad and applies to oral statements, written documents, and official records. Whether made to superiors, investigators, or in official reports, knowingly providing false information can result in serious punishment.

Key Elements

To convict under Article 107, the prosecution must prove:

  1. That the accused made a certain statement or signed a certain document.
  2. That the statement or entry was official in nature.
  3. That the statement or entry was false.
  4. That the accused knew it was false at the time.
  5. That the statement or entry was made with intent to deceive.

It is not necessary that the false statement actually misled anyone; the offense is complete once the falsehood is knowingly made in an official capacity.

Scope and Application

Article 107 covers a wide range of misconduct, including:

  • Providing false information to investigators or superiors.
  • Falsifying official records such as duty logs, reports, or medical entries.
  • Signing false vouchers, receipts, or travel claims.
  • Giving untrue statements during official inquiries or in the performance of duties.

The article does not apply to casual, unofficial remarks. Only statements or documents related to official duties or operations fall within its scope.

Punishment

The maximum punishment for making false official statements is dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years. The severity reflects the central importance of honesty in the military system.

Defenses

Possible defenses include:

  • Not official: The statement was not connected to official duties or records.
  • Lack of knowledge: The accused did not know the statement was false.
  • No intent to deceive: If the falsehood was accidental or careless, liability may not attach.
  • Ambiguity or misunderstanding: If the statement could reasonably be interpreted as true, the offense may not be proven.

Examples

If a service member signs a travel voucher claiming expenses they did not incur, Article 107 applies. If a soldier gives a false statement to investigators about their whereabouts while on duty, that is punishable. If an airman falsifies maintenance records to cover negligence, it is a violation. By contrast, an offhand exaggeration in casual conversation is not an Article 107 offense.

Conclusion

Article 107 ensures honesty and reliability in all official matters within the armed forces. By punishing false statements and records, it protects the credibility of military operations and ensures that service members can trust the integrity of the system. The article reinforces that truthfulness is not optional but a duty in military life.

Frequently Asked Questions

1. What counts as an “official” statement?
A statement connected to military duties, reports, investigations, or records. Unofficial casual remarks are not covered, but anything tied to official business is.

2. What if the false statement did not mislead anyone?
It does not matter. The offense is complete once the falsehood is knowingly made with intent to deceive. Actual harm is not required.

3. What is the maximum punishment under Article 107?
Dishonorable discharge, forfeiture of all pay and allowances, and up to 5 years of confinement.

4. Can mistakes or misunderstandings lead to conviction?
No, mistakes or negligent errors are not punishable under Article 107. The statement must be knowingly false and made with intent to deceive.

5. Does Article 107 apply to oral statements?
Yes, oral and written statements both qualify if they are official and knowingly false.

6. What if the accused thought the statement was true?
If the accused reasonably believed the information was true, there is no offense. Knowledge of falsity is essential.

7. Does this apply to statements made during investigations?
Yes, providing false information during investigations is one of the most common Article 107 violations.

8. Can falsifying logs or reports be prosecuted?
Yes, falsifying duty logs, maintenance records, or any official report falls squarely under Article 107.

9. How does Article 107 differ from perjury under Article 131?
Article 131 punishes false testimony under oath in judicial proceedings. Article 107 applies to false official statements made outside court or under administrative authority.

10. Why is Article 107 important for military discipline?
Because trust, accountability, and accuracy are essential in military operations. False statements can lead to mission failure, loss of life, and breakdown of discipline.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 907, Article 107
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0134
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Day, 66 M.J. 172 (2008)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 107 or any other UCMJ provision, you should consult a qualified military attorney.

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