UCMJ Article 134 – Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button

This enumerated offense under Article 134 punishes service members who wrongfully wear military insignia, decorations, ribbons, badges, devices, or lapel buttons that they are not authorized to wear. The military takes this misconduct seriously because unauthorized wear undermines the integrity of awards, dishonors those who earned them, and damages public trust in the armed forces.

This offense is closely related to federal laws against “stolen valor” but applies specifically to service members under the UCMJ.

Key Elements

The prosecution must prove:

  1. That the accused wore a certain insignia, decoration, badge, ribbon, device, or lapel button.
  2. That the accused was not authorized to wear it.
  3. That the wear was wrongful.
  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 article applies to:

  • Wearing a medal for valor or service not actually awarded.
  • Wearing specialty badges (e.g., Airborne, Special Forces, SEAL trident) without qualification.
  • Displaying unauthorized ribbons or campaign awards on uniforms.
  • Wearing foreign decorations without approval.

It does not apply to honest mistakes, such as misplacement of authorized awards, unless intent to deceive is shown.

Punishment

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

Defenses

Possible defenses include:

  • Authorization: If the insignia or decoration was lawfully awarded.
  • Mistake of fact: If the accused reasonably believed they were authorized.
  • Accident: If the wear occurred inadvertently, such as misplacement during uniform preparation.
  • No prejudice or discredit: If the wear did not affect discipline or reputation (rarely successful).

Examples

If a soldier wears a Purple Heart without ever being wounded, Article 134 applies. If a Marine pins on a Navy Cross to impress others without authorization, it qualifies. If an airman adds foreign decorations without command approval, it is punishable. By contrast, if a sailor mistakenly places an authorized ribbon in the wrong order, it may not be wrongful.

Conclusion

Article 134 on wearing unauthorized insignia reinforces respect for awards and symbols of service. By punishing wrongful wear, the UCMJ protects the integrity of the awards system and honors those who legitimately earned recognition.

Frequently Asked Questions

1. Why does the military punish wearing unauthorized insignia?
Because it devalues awards, disrespects those who earned them, and damages credibility. Unauthorized wear undermines morale and public trust. Strict enforcement preserves the honor of military decorations.

2. What is the maximum punishment?
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. While not as severe as violent crimes, the penalty can still end a career. It reflects the seriousness of protecting military honor.

3. Does this article apply to foreign decorations?
Yes. Wearing foreign awards requires approval through official channels. Unauthorized display of foreign medals is punishable under this article.

4. What if the accused honestly believed they were authorized?
A reasonable mistake of fact may serve as a defense. For example, if paperwork errors led the accused to believe an award was authorized, liability may not attach. Intent to deceive must be proven.

5. Can this offense apply off duty and out of uniform?
Yes. Wearing unauthorized insignia in public, even off duty, can be punishable if it discredits the service. The UCMJ applies worldwide.

6. How does this differ from “stolen valor” laws?
Stolen valor laws apply broadly to civilians and veterans. Article 134 specifically targets service members and enforces discipline through military justice. Both punish unauthorized wear of awards.

7. Does accidental misplacement of awards count?
Not usually. Honest mistakes in placement or arrangement are not wrongful. The offense requires unauthorized wear, not minor uniform errors.

8. Can commanders handle unauthorized wear administratively?
Yes. Not all cases result in court-martial. Commanders may use non-judicial punishment (Article 15) for minor violations. Serious cases, however, may go to trial.

9. How does this offense affect unit cohesion?
It undermines respect for legitimate achievements. Service members must trust that peers earned the awards they wear. Unauthorized wear damages credibility and morale.

10. Why is respect for insignia and awards so important in the military?
Because they symbolize sacrifice, achievement, and professionalism. Protecting their integrity honors those who served with distinction and maintains public confidence in the armed forces.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Unauthorized Insignia or Decorations)
  • 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. Brown, 27 M.J. 613 (1988)
  • 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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