UCMJ Article 134 – Violation of Parole

This enumerated offense under Article 134 punishes service members who, after being granted parole from confinement, violate the conditions of their release. Parole is a privilege that allows an individual to serve part of a sentence under supervision outside confinement. Because it is based on trust, violating parole undermines the integrity of the system, discredits the armed forces, and shows disregard for lawful authority.

Key Elements

The prosecution must prove:

  1. That the accused was released from confinement on parole by competent authority.
  2. That certain conditions of parole were imposed.
  3. That the accused violated those conditions before being properly discharged from the sentence.
  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

Violation of parole may include:

  • Failing to report to a parole officer or command as required.
  • Traveling outside authorized limits without permission.
  • Committing misconduct, crimes, or UCMJ violations while on parole.
  • Ignoring curfew or other supervision requirements.

This article applies regardless of whether the parole violation is major or minor. Even technical violations can be punished if they reflect disobedience and disrespect for authority.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 1 year.

Defenses

Possible defenses include:

  • No parole in effect: If the accused was no longer under parole supervision.
  • Improper conditions: If the conditions imposed were unlawful or beyond authority.
  • Lack of knowledge: If the accused was not informed of the specific conditions violated.
  • Mistake or accident: If the violation occurred unintentionally or due to circumstances beyond control.

Examples

If a soldier on parole leaves their assigned duty station without permission, Article 134 applies. If a Marine fails to check in with a parole officer as directed, it qualifies. If an airman commits misconduct while on parole, it is punishable. Conversely, if a sailor has completed parole and their sentence is fully discharged, liability does not attach.

Conclusion

Article 134 violation of parole charges emphasize accountability and respect for the privileges of early release. By punishing violations, the UCMJ protects the integrity of the parole system, reinforces discipline, and ensures service members take responsibility for their conduct while under supervision.

Frequently Asked Questions

1. What is parole in the military justice system?
Parole is conditional early release from confinement, allowing a service member to serve the remainder of their sentence under supervision. Conditions usually restrict travel, require check-ins, and prohibit misconduct.

2. Does parole violation require a new crime?
No. Any breach of parole conditions, even technical ones, can be punished. Failing to report or leaving an assigned area is enough. The key is wrongful disregard of conditions.

3. What is the maximum punishment for parole violation?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 1 year. The penalty reflects the seriousness of breaching trust after being granted leniency.

4. Can parole conditions be challenged?
Yes, if they are unlawful or imposed without authority. However, once lawfully imposed, they must be obeyed. The accused cannot simply ignore conditions.

5. What if the accused did not know they violated parole?
Knowledge of conditions is required. If the accused was not informed or the violation was accidental, liability may not apply. The government must prove awareness.

6. Does this article apply overseas?
Yes. Service members on parole are subject to conditions worldwide. Violations abroad are punishable if they discredit the armed forces or break supervision terms.

7. Who imposes parole in military cases?
Parole may be granted by military corrections authorities under statutory and regulatory authority. It is not automatic but based on conduct and eligibility.

8. Can parole be revoked without new charges?
Yes. Administrative revocation of parole may occur in addition to prosecution under Article 134. Violations often result in return to confinement.

9. How is parole violation different from escape?
Escape involves leaving confinement unlawfully, while parole violation involves disobeying conditions of supervised release. Both show disregard for authority but occur in different contexts.

10. Why does the UCMJ punish parole violations?
Because parole is a privilege built on trust and accountability. Violating parole undermines discipline, discredits the service, and wastes the opportunity for rehabilitation. Strict enforcement ensures fairness and order.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Violation of Parole)
  • 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. Ruth, 46 C.M.R. 382 (1973)
  • 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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