UCMJ Article 108 – Damage, Wrongful Disposition, Sale, Loss or Destruction of U.S. Military Property

UCMJ Article 108 addresses misconduct involving U.S. military property. The article criminalizes damaging, selling, destroying, misusing, or losing military property, whether through negligence or intentional acts. Because military property belongs to the United States and is essential for readiness, accountability for its proper care is critical.

The article applies broadly to weapons, vehicles, aircraft, equipment, and any other property owned by the U.S. government. By punishing misconduct involving property, Article 108 ensures that resources are preserved for mission success and that trust in the stewardship of public assets is maintained.

Key Elements

The prosecution must prove:

  1. That certain property belonged to the United States military.
  2. That the accused damaged, destroyed, sold, lost, or wrongfully disposed of the property.
  3. That the act was willful, wrongful, or through neglect.
  4. That the property was military in nature or used for military purposes.

Knowledge and intent determine the seriousness of the offense. Willful destruction is treated more harshly than negligent loss.

Scope and Application

Article 108 covers a wide range of conduct:

  • Intentionally damaging or destroying equipment.
  • Selling or giving away military property without authority.
  • Carelessly losing weapons, tools, or gear.
  • Using property for unauthorized purposes resulting in damage.

It applies to both personal items assigned to service members and larger assets such as vehicles, aircraft, or arms. Even minor negligence can trigger charges if it results in significant loss.

Punishment

Maximum punishment depends on the value and nature of the property:

  • Willful damage or wrongful disposition over $500: Dishonorable discharge, forfeiture of pay, and confinement up to 10 years.
  • Willful damage or wrongful disposition under $500: Bad-conduct discharge, forfeiture of pay, and confinement up to 1 year.
  • Negligent damage or loss over $500: Bad-conduct discharge, forfeiture of pay, and confinement up to 1 year.
  • Negligent damage or loss under $500: Forfeiture of pay and confinement up to 3 months.

The graduated penalties reflect the seriousness of protecting military property.

Defenses

Possible defenses include:

  • Lack of knowledge: The accused did not know the property was military-owned.
  • Accident: The damage or loss occurred despite reasonable precautions.
  • Authority: The accused had lawful authority to dispose of or use the property.
  • Mistake of fact: The accused believed the property was not government-owned.

Examples

If a soldier sells military tools to a civilian, Article 108 applies. If an airman negligently leaves a rifle unattended and it is lost, that is punishable. If a sailor deliberately damages equipment out of spite, that is willful destruction. On the other hand, if equipment breaks during lawful use in training, the act may not qualify as misconduct.

Conclusion

Article 108 ensures that U.S. military property is preserved, used properly, and not exploited for personal gain. By punishing willful and negligent misconduct alike, the article reinforces accountability, stewardship, and readiness across the armed forces. It emphasizes that military resources are vital to national security and must be treated with the highest level of responsibility.

Frequently Asked Questions

1. What types of property are covered by Article 108?
All property belonging to the U.S. military, including weapons, vehicles, aircraft, equipment, tools, and gear.

2. Does value of property matter?
Yes, penalties are harsher if the property is valued over $500. Value helps determine severity of punishment.

3. Is negligence punishable?
Yes, negligent loss or damage is punishable, though less severely than willful misconduct.

4. Can personal use of equipment violate Article 108?
Yes, if unauthorized personal use results in damage or loss. Property must only be used for lawful military purposes.

5. What is the maximum punishment?
Up to 10 years’ confinement, dishonorable discharge, and forfeiture of all pay and allowances for willful misconduct involving valuable property.

6. Does Article 108 apply in peacetime?
Yes, it applies at all times. Protection of government property is essential for readiness.

7. What if the accused thought the property was privately owned?
A reasonable mistake of fact may serve as a defense if the accused did not know it was U.S. government property.

8. What is wrongful disposition?
Selling, giving away, or discarding government property without authority. Even small items count.

9. Can destruction be excused if ordered?
Yes, destruction authorized by lawful command, such as to prevent enemy capture, is not misconduct.

10. Why is Article 108 important?
Because military effectiveness depends on equipment readiness and accountability. Protecting property ensures operational success and public trust.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 908, Article 108
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0135
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Daniels, 56 M.J. 365 (2002)
  • 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 108 or any other UCMJ provision, you should consult a qualified military attorney.

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