UCMJ Article 123 – Forgery

UCMJ Article 123 criminalizes forgery, which is the making, altering, or uttering of any writing in such a way that it falsely purports to be the act of another and is intended to defraud. Forgery undermines trust in military records, financial systems, and official communications. Because the military relies heavily on accurate documents to conduct operations and maintain accountability, forgery is considered a serious offense under the UCMJ.

Forgery is distinct from making false statements under Article 107. Article 123 specifically addresses the creation or use of fraudulent writings that could, if genuine, impose legal liability, affect rights, or change obligations.

Key Elements

The prosecution must prove:

  1. That the accused falsely made or altered a certain writing, or uttered (offered or used) such a writing.
  2. That the writing, if genuine, would have imposed legal liability, affected rights, or changed obligations.
  3. That the act was done with intent to defraud.

Scope and Application

Forgery can involve:

  • Altering a check or financial voucher.
  • Creating fake leave papers or orders.
  • Submitting falsified contracts, receipts, or identification cards.
  • Uttering or using a fraudulent document created by another.

The key factor is intent to defraud. Even if the attempt is unsuccessful, the offense is complete once the false writing is made or uttered with intent.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years.

Defenses

Possible defenses include:

  • No intent to defraud: If the accused did not intend to deceive or gain unlawful advantage.
  • No legal significance: If the document, even if genuine, would not affect rights, liabilities, or obligations.
  • Mistake of fact: If the accused believed the document was genuine or had authority to alter it.
  • Lack of proof of authorship: If the government cannot prove the accused made or used the writing.

Examples

If a soldier alters a check amount and cashes it, that is forgery. If a sailor creates fake leave paperwork and submits it, Article 123 applies. If an airman knowingly uses a falsified identification card to obtain benefits, that is forgery. By contrast, if a Marine drafts a joke document with no intent to use it fraudulently, it may not meet the standard.

Conclusion

Article 123 protects the military’s reliance on authentic documents by punishing forgery. The offense undermines trust, financial stability, and administrative efficiency. By criminalizing both the creation and use of false writings with intent to defraud, Article 123 deters misconduct and preserves the integrity of military records and systems.

Frequently Asked Questions

1. How is forgery different from making a false statement?
Forgery involves creating or using a written document that falsely appears genuine and has legal significance. A false statement may involve lying without producing a false document. This distinction ensures forgery is punished more harshly because of its potential to disrupt legal and financial systems. Intent to defraud is always required in forgery cases.

2. What kinds of documents can be the subject of forgery?
Any writing that, if genuine, would impose liability, affect rights, or change obligations. This includes checks, contracts, receipts, orders, identification cards, or financial vouchers. The key factor is whether the writing could influence legal or financial matters. Ordinary writings without legal significance are not enough.

3. Does the document need to actually deceive someone?
No. The offense is complete once the false document is created or used with intent to defraud, regardless of success. Even if the forgery is detected immediately, liability still attaches. The law punishes the attempt and the fraudulent intent itself, not just the outcome.

4. What is the punishment for forgery under the UCMJ?
The maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years. Punishment may vary depending on the seriousness of the fraud and its effect on the military. The severity reflects the importance of document integrity in military operations.

5. Can altering official military records be forgery?
Yes, if the alteration makes the record appear genuine but false, and it has legal or administrative significance. Changing dates, amounts, or names to gain benefits or conceal misconduct can be prosecuted as forgery. Records that do not affect obligations may not meet the element of legal significance.

6. Is intent to defraud always required?
Yes. Without intent to defraud, the act may not qualify as forgery. For example, creating a fake document as a joke without intent to use it for gain is not forgery. The government must prove intent beyond a reasonable doubt.

7. Can forgery be attempted?
Yes. Even preparing a false document for later use can constitute attempted forgery under Article 80. Attempted forgery carries severe punishment, though generally less than a completed offense. The presence of intent is enough to create liability.

8. What if the accused thought they had authority to change the document?
If the accused reasonably believed they had authority, it may be a valid defense. The prosecution must prove the act was wrongful and unauthorized. Good faith mistakes about authority are treated differently than intentional deception.

9. How does forgery affect military readiness?
Forgery undermines trust in financial and administrative systems. If service members cannot rely on the authenticity of documents, operations, benefits, and accountability are compromised. Strict enforcement ensures integrity in every part of the military structure.

10. Why is Article 123 important?
Because authentic documentation is essential for discipline, administration, and financial accountability. Forgery damages trust and can cause significant harm to individuals and the military as a whole. By criminalizing it, the UCMJ enforces honesty and preserves the credibility of military institutions.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 923, Article 123
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0154
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Weeks, 71 M.J. 44 (2012)
  • 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 123 or any other UCMJ provision, you should consult a qualified military attorney.

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