UCMJ Article 134 – Restriction Breaking

Restriction breaking is an enumerated offense under Article 134 that punishes service members who unlawfully break restriction imposed by lawful authority. Restriction is a form of non-judicial punishment, pretrial restraint, or administrative control that limits a service member’s movements to a specific area, such as a barracks, ship, or base. By willfully disobeying these limits, the member undermines command authority, discipline, and accountability.

This offense is similar in spirit to AWOL (Article 86) but narrower. Restriction breaking punishes disobedience of imposed boundaries, not absence from overall duty.

Key Elements

The prosecution must prove:

  1. That the accused was lawfully ordered to be restricted to certain limits by competent authority.
  2. That the accused knew of the restriction.
  3. That the accused went beyond those limits before being released from the restriction.
  4. That the act was wrongful.

Scope and Application

Restriction breaking applies in situations such as:

  • Leaving the barracks after being placed under restriction.
  • Going off base when specifically ordered to remain onboard or within limits.
  • Violating restriction orders issued as punishment at captain’s mast, Article 15 proceedings, or administrative actions.

It differs from escape offenses under Article 95, since restriction is less severe than confinement. It also differs from AWOL, which involves absence from duty rather than violation of imposed boundaries.

Punishment

  • Maximum punishment: Confinement for 1 month and forfeiture of two-thirds pay for 1 month.

This relatively light punishment reflects the lesser severity compared to AWOL or desertion but still enforces accountability.

Defenses

Possible defenses include:

  • Improper order: If the restriction was not lawfully imposed by competent authority.
  • Lack of knowledge: If the accused did not know of the restriction.
  • Mistake of fact: If the accused reasonably believed the restriction had ended.
  • Necessity or emergency: Leaving to prevent serious harm or obtain urgent medical care may excuse liability.

Examples

If a soldier under restriction to quarters goes downtown without authorization, Article 134 applies. If a Marine is restricted to base but sneaks off to visit family, it qualifies. If an airman restricted to the barracks leaves to attend a party, it is punishable. Conversely, if a sailor leaves base to obtain emergency treatment with no chance to notify command, it may not be wrongful.

Conclusion

Article 134 restriction breaking charges reinforce the authority of commanders and the importance of compliance with lawful orders. Even though less severe than AWOL or desertion, the offense underscores that military members must respect all forms of restraint.

Frequently Asked Questions

1. How is restriction breaking different from AWOL?
Restriction breaking punishes violation of boundaries imposed by restriction orders, while AWOL punishes unauthorized absence from duty itself. Restriction breaking is narrower but still undermines discipline. Both emphasize accountability and compliance.

2. Does the punishment for restriction breaking affect a career?
Yes. Even though the maximum penalty is relatively light, a conviction can still result in a criminal record under the UCMJ. This may affect promotions, reenlistment, or discharge. Commanders take repeated violations seriously.

3. What if the accused did not know about the restriction?
Knowledge is essential. If the member was never properly informed, the charge may fail. Restriction must be communicated clearly and by lawful authority. The prosecution must prove the accused knew of the limits.

4. What if the restriction was unlawful?
If imposed by someone without proper authority or in violation of regulations, the restriction may be invalid. A member cannot be convicted for breaking an unlawful restriction. Courts evaluate command authority carefully.

5. What if the accused thought the restriction was over?
If the member reasonably believed the restriction had ended, this may be a defense. For example, if told they were released, liability may not attach. The government must show the accused knowingly broke the restriction.

6. Does this offense apply only to punishment restrictions?
No. It also applies to pretrial restraint or administrative orders restricting movement. Any lawful restriction by competent authority qualifies.

7. What if the accused left briefly and came back?
Even short violations constitute breaking restriction. The duration does not erase the offense. However, it may affect punishment severity.

8. Can emergencies justify breaking restriction?
Yes. Leaving to prevent serious injury, illness, or harm may excuse liability. Courts weigh the reasonableness of the action. Emergencies are treated differently from willful defiance.

9. Can breaking restriction also result in AWOL charges?
Sometimes. If leaving restriction also involves absence from duty, AWOL may apply in addition to restriction breaking. Prosecutors determine charges based on facts.

10. Why is restriction breaking included in Article 134?
Because it enforces respect for all lawful restraints, even minor ones. Commanders need assurance that restrictions will be obeyed. Article 134 fills the gap between minor disobedience and serious offenses like AWOL.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Restriction Breaking)
  • 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. Vines, 15 C.M.R. 334 (1954)
  • 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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