UCMJ Article 134 – Public Record: Altering, Concealing, Removing, Mutilating, Obliterating, or Destroying

This enumerated offense under Article 134 punishes service members who wrongfully alter, conceal, remove, mutilate, obliterate, or destroy a public record. Public records include any official document, paper, file, or electronic record maintained by military or government authority. Because the military relies on accurate and intact records to maintain discipline, accountability, and trust, tampering with them is treated as serious misconduct.

This provision parallels civilian laws that prohibit tampering with public records but applies worldwide under the UCMJ. It ensures that no service member can compromise the integrity of records critical to justice, administration, or operations.

Key Elements

The prosecution must prove:

  1. That a certain record, document, or file was an official public record.
  2. That the accused altered, concealed, removed, mutilated, obliterated, or destroyed it.
  3. That the act was wrongful and without authority.
  4. That, under the circumstances, the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This offense includes:

  • Altering military personnel files, evaluation reports, or pay records.
  • Concealing or destroying investigation reports.
  • Removing medical, legal, or administrative documents from official files.
  • Tampering with electronic records or digital databases that serve as official military records.

The article applies whether the record is in paper or digital form. The offense is complete once the wrongful act occurs, regardless of whether harm results.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 3 years.

Defenses

Possible defenses include:

  • Lawful authority: If the accused acted within authorized duties.
  • No public record: If the document was not an official public record.
  • Mistake of fact: If the accused reasonably believed they had the right to act.
  • Accident or lack of intent: If the damage was accidental and not wrongful.

Examples

If a soldier shreds adverse counseling statements from their personnel file, Article 134 applies. If a Marine deletes digital records of an investigation without authority, it qualifies. If an airman removes medical files to conceal misconduct, it is punishable. Conversely, if a commander lawfully removes or amends a record in accordance with regulations, it is not wrongful.

Conclusion

Article 134 protects the integrity of the military’s administrative and operational systems by punishing tampering with public records. By criminalizing alteration, concealment, removal, mutilation, obliteration, or destruction of official documents, the UCMJ ensures that records remain accurate, reliable, and trustworthy.

Frequently Asked Questions

1. What qualifies as a public record under Article 134?
A public record is any official document maintained by the government or military for administrative, legal, or operational purposes. Examples include service records, pay documents, investigation reports, medical files, and digital databases. The key is that the record serves an official function.

2. Does intent matter in this offense?
Yes. The accused must act wrongfully and without authority. Accidental destruction, such as spilling coffee on a document without negligence, is not punishable. The government must prove intent to alter, conceal, or destroy.

3. How does this differ from obstruction of justice?
Obstruction focuses on interfering with investigations or proceedings. Public record tampering targets the integrity of records themselves. While they can overlap, Article 134 specifically punishes actions against documents or files regardless of a pending case.

4. What is the maximum punishment?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 3 years. This reflects the seriousness of undermining trust in official records. The punishment may vary depending on the record involved.

5. Can electronic or digital records be included?
Yes. Altering, deleting, or corrupting official digital files is punishable. The law applies equally to paper and electronic records. As the military transitions to digital systems, this aspect is increasingly enforced.

6. What if the accused believed they were authorized?
If the accused reasonably believed they had authority to amend, remove, or dispose of records, that may be a defense. The prosecution must show the action was clearly outside lawful duties. Good faith mistakes can mitigate or excuse liability.

7. How does this offense impact military discipline?
Tampering with records destroys trust in administration, creates unfairness, and undermines accountability. Accurate records are essential for pay, promotions, evaluations, and justice. Dishonest acts against them damage the entire system.

8. Can this offense be charged along with larceny?
Yes. If a record has independent value and is stolen, larceny charges may also apply. Prosecutors often use multiple charges to reflect the seriousness of misconduct. The offenses address different harms but can arise from the same act.

9. Does harm need to result for guilt?
No. The act of wrongful alteration or destruction itself is enough. Even if the missing or altered record causes no immediate harm, liability attaches once the act occurs. The law protects the potential for harm as much as actual damage.

10. Why does the military treat this offense seriously?
Because public records ensure fairness, accountability, and operational effectiveness. Altering or destroying them undermines justice, pay systems, medical care, and command integrity. Strict punishment deters tampering and preserves trust in the armed forces.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Public Record 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. Crafter, 64 M.J. 209 (2006)
  • 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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