UCMJ Article 107: Making False Official Statements

A military justice system runs on the reliability of what its members say and sign. A duty log, a sworn statement to an investigator, a travel voucher, a maintenance entry: each is relied upon by others who were not present to verify it. When a service member knowingly puts a falsehood into that stream of official information, the harm reaches beyond the single document. Article 107 of the Uniform Code of Military Justice addresses that conduct, punishing false official statements made with the intent to deceive.

Article 107 is codified at section 907 of Title 10, United States Code. The section has two subsections. Subsection (a) addresses false official statements; subsection (b) addresses false swearing. This page concerns the false-official-statement offense in subsection (a). False swearing under subsection (b) is a separate offense, as is perjury under Article 131, which involves false testimony given under oath in a judicial proceeding.

The conduct the article reaches

Subsection (a) reaches a person subject to the code who, with intent to deceive, signs a false record, return, regulation, order, or other official document knowing it to be false, or makes any other false official statement knowing it to be false. Two features define the offense. The statement or document must be official, meaning connected to military duties, functions, or official business, and the accused must act with the intent to deceive while knowing the statement is false.

The offense is complete when the false official statement is knowingly made with intent to deceive. It is not necessary that anyone was actually misled or that any harm resulted.

What the government must prove

The prosecution must establish that the accused signed an official document or made a statement, that the document or statement was false in a particular respect, that the accused knew it was false at the time, that the document or statement was official, and that the accused acted with the intent to deceive. Each element must be proven; an honest mistake, a careless error, or a statement that is merely unofficial does not satisfy the offense. Material gain is not an element, though the presence or absence of an expectation of gain can serve as circumstantial evidence bearing on intent.

Maximum punishment

Under the Manual for Courts-Martial, the maximum punishment for a false official statement has been a dishonorable discharge, total forfeiture of pay and allowances, and confinement for 5 years. Sentencing parameters for offenses committed on or after 27 December 2023 are governed by the framework that took effect with the implementation of judge-alone sentencing and revised maximum punishment provisions, and the governing edition of the Manual should be consulted for the figure applicable to the date of the charged offense. The maximum adjudged in any case depends on the forum and the facts.

Possible defenses

Defenses are fact-specific and may include that the statement was not official, that the accused did not know the statement was false, that the accused lacked the intent to deceive because any error was accidental or careless, or that the statement was ambiguous and could reasonably be understood as true. Because knowledge of falsity and intent to deceive are both required, evidence undercutting either can be central to the defense.

How Article 107 differs from neighboring articles

Article 107 is distinct from several related offenses. False swearing under subsection (b) of the same article involves a false statement made under a lawful oath outside a judicial proceeding, without the requirement that the statement be official. Perjury under Article 131 involves false testimony or a false sworn statement in a judicial proceeding or in a deposition or similar formal setting. Article 107 itself does not require an oath; it requires only that the false statement be official and made with intent to deceive. Larceny-related fraud, such as a false claim to obtain money, may implicate other articles when the false statement is part of a scheme to obtain property.

Frequently asked questions

What makes a statement official?
A statement is official when it is connected to military duties, functions, or official business, such as a report, an entry in a record, a statement to investigators, or an official document. Casual, unofficial remarks are not covered.

Does it matter that no one was actually misled?
No. The offense is complete once the false official statement is knowingly made with intent to deceive. Actual reliance or harm is not required.

Does Article 107 apply to spoken statements?
Yes. Both oral statements and written documents qualify if they are official and knowingly false.

What if the accused believed the statement was true?
If the accused honestly and reasonably believed the information was true, the knowledge element is not met and the offense is not established.

How does Article 107 differ from perjury?
Perjury under Article 131 involves false testimony under oath in a judicial proceeding. Article 107 reaches false official statements made outside that setting and does not require an oath.

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. § 907, Article 107: https://www.law.cornell.edu/uscode/text/10/907
10 U.S.C. § 907 (U.S. House, Office of the Law Revision Counsel): https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section907
Manual for Courts-Martial, United States, Part IV (Punitive Articles), Joint Service Committee on Military Justice: https://jsc.defense.gov/
Military Attorney Joseph L. Jordan, Articles of the UCMJ

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