UCMJ Article 134 – False or Unauthorized Pass Offenses

Under Article 134, service members can be punished for the wrongful making, altering, selling, or use of passes that grant liberty, leave, or access to restricted areas. A “pass” includes liberty passes, leave authorizations, and similar official documents. Because the military relies on accurate accountability and control of personnel, falsifying or misusing passes directly undermines good order and discipline.

This offense covers both creating or altering false passes and using or selling them without authorization. It applies to both paper and electronic passes as military systems have modernized.

Key Elements

The prosecution must prove:

  1. That the accused wrongfully made, altered, sold, or used a pass or permit.
  2. That the pass was official in nature, such as a liberty pass, leave document, or access permit.
  3. That the act was without lawful authority.
  4. That the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

False or unauthorized pass offenses include:

  • Making or altering a liberty or leave pass to extend time away.
  • Selling or giving another service member a false pass.
  • Using an unauthorized pass to gain entry to a base or restricted area.
  • Possessing counterfeit passes with the intent to use them.

The offense does not require successful use of the pass; the wrongful making, altering, or possession itself is enough.

Punishment

  • Maximum punishment: Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for up to 6 months.

Defenses

Possible defenses include:

  • Lack of knowledge: The accused did not know the pass was false or unauthorized.
  • Consent or authority: If the pass was issued by someone with lawful authority.
  • No intent to deceive: If the accused did not intend to use or benefit from the pass wrongfully.
  • Clerical error: If the document contained mistakes made by officials rather than intentional alteration by the accused.

Examples

If a soldier alters the return date on a leave pass, Article 134 applies. If a Marine sells fake liberty passes to other service members, it qualifies as misconduct. If an airman knowingly uses a false pass to enter a restricted hangar, it is punishable. By contrast, if a pass was misprinted by personnel staff and the accused used it in good faith, it may not be wrongful.

Conclusion

Article 134 false or unauthorized pass offenses ensure accountability and honesty in the use of official military documents. By punishing the creation, use, or sale of unauthorized passes, the UCMJ preserves discipline, operational security, and trust in personnel management.

Frequently Asked Questions

1. What kinds of passes are covered by Article 134?
Liberty passes, leave authorizations, and access permits to restricted areas are all included. Electronic passes issued through digital systems also fall under this article. The key is whether the pass is official and tied to accountability or access. Misuse of any such pass is punishable.

2. Does the offense require the accused to actually use the pass?
No. Wrongfully making, altering, selling, or even possessing a false pass with intent to use is sufficient. Actual use may make the misconduct more serious, but it is not required for conviction. The law punishes both attempts and completed use.

3. What is the maximum punishment?
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for up to 6 months. The punishment reflects the seriousness of dishonesty and disruption of accountability. Longer confinement may apply if the offense overlaps with fraud or forgery.

4. How is this different from forgery under Article 123?
Forgery involves creating or altering any writing that has legal significance, while Article 134 specifically targets passes and permits. A forged pass may be charged under both articles, depending on the circumstances. Article 134 ensures there is a specific provision for misuse of liberty or access passes.

5. What if the accused believed the pass was valid?
If the accused reasonably believed the pass was authentic and authorized, that may serve as a defense. The prosecution must prove the accused knew the pass was false or unauthorized. Honest mistakes or reliance on official documents are not criminal.

6. Can selling false passes be punished more severely?
Yes. Selling or distributing false passes aggravates the offense by spreading misconduct and undermining accountability. It shows intent to profit from deception. Sentencing may reflect the broader harm caused by such conduct.

7. Does this article apply to off-base passes or civilian permits?
Only if the pass is military-issued or connected to military authority. Civilian documents generally fall outside Article 134, though other charges may apply. The focus is on military accountability and security.

8. Can a pass offense also be charged as absence without leave (AWOL)?
Yes. If a service member uses a false pass to extend leave, they may face both a false pass charge and AWOL charges under Article 86. The two charges punish different aspects of the misconduct.

9. Are digital or electronic passes included?
Yes. As the military transitions to digital systems, altering or misusing electronic passes is punishable under this article. The format of the pass does not matter. What matters is wrongful use or creation.

10. Why does the military take pass offenses seriously?
Because accountability of personnel is critical to readiness and security. False passes allow unauthorized absence or unlawful access, both of which threaten good order. Strict enforcement deters dishonesty and protects the integrity of personnel systems.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (False or Unauthorized Pass Offenses)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Smith, 44 C.M.R. 108 (1971)
  • 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 134 or any other UCMJ provision, you should consult a qualified military attorney.

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