UCMJ Article 131 – Perjury

UCMJ Article 131 criminalizes perjury, which is willfully giving false testimony under a lawful oath in a judicial proceeding or official matter. Because the military justice system depends on honesty and integrity, lying under oath is treated as one of the most serious offenses against justice. False testimony undermines courts-martial, investigations, and the credibility of the armed forces.

This article covers testimony given in courts-martial, depositions, affidavits, and other proceedings where a lawful oath has been administered. It does not apply to casual or unofficial statements, which may be punished under other provisions such as Article 107 (false official statements).

Key Elements

To convict under Article 131, the prosecution must prove:

  1. That the accused took a lawful oath in a judicial proceeding or official matter.
  2. That the accused made a certain statement.
  3. That the statement was false.
  4. That the accused knew the statement was false at the time.
  5. That the false statement was material to the issue under consideration.

Scope and Application

Perjury applies when a service member deliberately lies under oath in a setting where truth is essential. It covers:

  • Testifying falsely at a court-martial.
  • Giving false sworn statements in depositions or affidavits.
  • Making false statements during Article 32 preliminary hearings.

For perjury, the false statement must be material, meaning it could influence the outcome of the proceeding. Trivial lies not affecting the case do not qualify, though they may still be misconduct.

Punishment

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

Defenses

Possible defenses include:

  • Lack of oath: If the accused was not under a lawful oath when making the statement.
  • Truth or mistake: If the statement was true or the accused believed it to be true.
  • Not material: If the statement had no bearing on the matter under consideration.
  • Ambiguity: If the statement was vague or misunderstood rather than clearly false.

Examples

If a soldier lies under oath during a court-martial about their whereabouts during an offense, Article 131 applies. If a Marine gives a sworn statement falsely accusing another service member, it is perjury if material. If an airman lies about irrelevant personal details under oath, it may not qualify as perjury but could still result in other charges.

Conclusion

Article 131 ensures honesty and accountability in the military justice system by punishing perjury. The requirement of materiality ensures that only lies capable of affecting a proceeding are punished, balancing fairness with strict enforcement. By deterring false testimony, Article 131 protects the integrity of courts-martial and the credibility of military law.

Frequently Asked Questions

1. How is perjury under Article 131 different from false official statements under Article 107?
Article 131 applies specifically to statements made under oath in judicial or official proceedings, while Article 107 applies to false statements made in official matters without an oath. Both are serious, but perjury carries heavier weight because it directly threatens the integrity of sworn testimony. This distinction ensures that false statements in formal trials are punished more severely.

2. What does “material” mean in a perjury case?
Material means the false statement could influence or affect the decision in a judicial or official matter. It does not need to actually change the outcome, only that it had the potential to matter. Trivial or irrelevant lies do not meet this standard. The requirement ensures proportional punishment.

3. Can perjury occur outside a courtroom?
Yes. Perjury applies to any sworn testimony, including depositions, affidavits, or Article 32 hearings. As long as a lawful oath was administered, lying is perjury. This broad application ensures truthfulness across all stages of military justice. Courts-martial are not the only place where perjury can happen.

4. What is the maximum punishment for perjury?
The maximum is dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years. This reflects the seriousness of undermining the justice system. Punishment may vary based on the importance of the lie and the circumstances. The law prioritizes protecting the integrity of sworn testimony.

5. Does the lie have to actually change the outcome of the case?
No. It is enough that the lie was material and could have affected the proceeding. The government does not need to prove that the false statement actually misled anyone. The key is the potential to influence the decision-making process. This keeps the focus on the risk posed by lying under oath.

6. What if the accused believed the statement was true?
If the accused honestly and reasonably believed the statement was true, perjury is not established. Perjury requires knowing falsity. Honest mistakes, confusion, or faulty memory do not qualify. The prosecution must prove knowledge beyond a reasonable doubt.

7. Can ambiguous statements be considered perjury?
Not usually. If the statement was vague, unclear, or open to interpretation, it may not qualify as false. Perjury requires proof that the accused made a clear and definite false statement. Courts examine context carefully in such cases.

8. How is perjury proven in court-martial proceedings?
Through testimony, documents, or evidence showing the statement was false and material. The government must also prove the accused knew the truth and lied intentionally. This high burden of proof reflects the seriousness of a perjury conviction. Reliable evidence is crucial.

9. Does perjury apply to written statements?
Yes, if the statement was sworn to under oath, such as an affidavit or deposition. Written perjury is treated the same as oral perjury. The oath is the key element linking the statement to Article 131 liability.

10. Why is Article 131 important for military discipline?
Because it ensures that service members tell the truth in judicial and official proceedings. False testimony undermines trust, wastes resources, and threatens justice. By punishing perjury, the military maintains integrity and accountability. This reinforces confidence in the military justice system.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 931, Article 131
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0163
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Smith, 35 M.J. 138 (1992)
  • 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 131 or any other UCMJ provision, you should consult a qualified military attorney.

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