UCMJ Article 134 – Mail: Taking, Opening, Secreting, Destroying, or Stealing

This enumerated offense under Article 134 punishes service members who wrongfully interfere with mail. It covers taking, opening, secreting, destroying, or stealing letters, packages, or other mail matter entrusted to the postal system. Because the military depends on reliable communications for morale, operational integrity, and trust, any interference with mail undermines good order and discipline and discredits the armed forces.

The offense is serious even if the item taken or destroyed seems trivial. It reflects the military’s commitment to protecting the privacy and property of service members and civilians alike.

Key Elements

The prosecution must prove:

  1. That the accused wrongfully took, opened, secreted, destroyed, or stole certain mail matter.
  2. That the mail was intended for or addressed to another person.
  3. That the conduct was without authority.
  4. That the act was prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces.

Scope and Application

Article 134 applies to:

  • Stealing packages or letters from mailrooms or postal trucks.
  • Opening mail not addressed to the accused.
  • Hiding or secreting mail to delay delivery.
  • Destroying letters, packages, or correspondence entrusted to the military or civilian postal system.

It applies whether the mail is U.S. Postal Service or military mail, including APO/FPO addresses.

Punishment

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

Defenses

Possible defenses include:

  • Consent or authority: If the accused was authorized to handle or open the mail.
  • Mistake of fact: If the accused reasonably believed the mail was theirs.
  • Accident: If the mail was damaged or destroyed unintentionally.
  • No prejudice or discredit: If the interference did not affect discipline or the military’s reputation.

Examples

If a soldier steals a package from the unit mailroom, Article 134 applies. If a Marine opens a fellow service member’s letter without permission, it qualifies. If an airman hides mail to delay delivery for spite or gain, it is punishable. If a sailor accidentally damages a package while moving boxes and reports it, it may not be wrongful.

Conclusion

Article 134 mail offenses protect the trust and reliability of the postal system in the armed forces. By criminalizing interference with mail, the UCMJ safeguards privacy, property, and discipline, ensuring that service members can depend on secure communications at home and abroad.

Frequently Asked Questions

1. Why does the UCMJ punish mail offenses so harshly?
Because tampering with mail undermines trust, privacy, and morale. Service members rely heavily on mail for personal and official communications, especially during deployments. Any interference damages confidence in the system. The military enforces strict accountability to protect that trust.

2. What is the maximum punishment for stealing or destroying mail?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years. This penalty reflects the seriousness of interfering with communications. Severe cases may also overlap with larceny charges if property of value is stolen. The UCMJ treats mail offenses as felonies.

3. Does Article 134 apply to electronic mail?
No. Article 134 covers physical mail matter such as letters and packages. Electronic communications are governed by other provisions, including computer misuse or privacy laws. However, unauthorized access to digital systems may still be punished under Article 92 or Article 134’s general clauses.

4. Can someone be charged if they thought the mail was theirs?
If the accused reasonably believed the mail belonged to them, it may be a defense. The government must prove the accused knew the mail was addressed to another. Honest mistakes or misdeliveries usually do not qualify as wrongful conduct.

5. What is “secreting” mail under this article?
Secreting means hiding or concealing mail to delay its delivery. For example, a service member who hides another’s package out of spite commits this offense. The misconduct lies in preventing proper delivery, regardless of theft or destruction.

6. Does Article 134 apply overseas?
Yes. The UCMJ applies worldwide, and interference with APO/FPO or allied military mail is punishable. The military enforces mail integrity globally. Service members abroad are equally accountable.

7. Can mail offenses be charged together with larceny?
Yes. If mail contains property of value, both mail theft and larceny may apply. The military often charges both to reflect the seriousness of stealing private property and interfering with communications. Each offense carries distinct elements.

8. What if mail is damaged accidentally?
Accidental damage without wrongful intent is not punishable under this article. For example, mail destroyed during a fire or mishap does not qualify. Wrongfulness requires intent or carelessness rising to misconduct.

9. How do mail offenses affect military discipline?
They damage trust among service members and disrupt morale, especially during deployment when mail is a lifeline. Interfering with mail harms both individuals and the unit’s cohesion. Strict enforcement prevents these breakdowns.

10. Why is mail protected so strongly in military law?
Because it is vital to both personal welfare and operational integrity. Protecting mail ensures communication, morale, and confidence in leadership. Article 134 guarantees accountability and safeguards the reputation of the armed forces.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Mail 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. Berry, 6 M.J. 309 (1979)
  • 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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