UCMJ Article 134 – Worthless Check Offenses (Dishonorably Failing to Maintain Funds)

This enumerated offense under Article 134 punishes service members who make, draw, utter, or deliver a check, draft, or order for the payment of money without having sufficient funds or credit and who dishonorably fail to maintain funds to cover it. The military treats this conduct as serious because it reflects dishonesty, damages financial trust, and brings discredit upon the armed forces.

Key Elements

The prosecution must prove:

  1. That the accused made, drew, uttered, or delivered a check, draft, or order for payment of money.
  2. That, at the time, the accused knew they did not have sufficient funds or credit with the bank or depository.
  3. That the accused dishonorably failed to maintain sufficient funds or credit for payment.
  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 covers:

  • Writing checks while knowing the account is empty or closed.
  • Delivering post-dated checks and failing to maintain sufficient funds when presented.
  • Engaging in a pattern of “bouncing checks” that damages creditors and discredits the service.
  • Willfully ignoring repayment obligations when funds were available.

It does not apply to honest mistakes in accounting or temporary shortages if corrected promptly and in good faith.

Punishment

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

Defenses

Possible defenses include:

  • Lack of knowledge: If the accused did not know the account lacked funds.
  • Good faith error: Simple miscalculations or bank errors may excuse liability.
  • Repayment: Prompt repayment may mitigate punishment, though it does not erase liability.
  • No dishonor: If the failure to maintain funds was not willful or deceitful but due to unavoidable hardship.

Examples

If a soldier writes checks at the commissary while knowing their account is empty, Article 134 applies. If a Marine deliberately issues checks on a closed account, it qualifies. If an airman fails to maintain funds for post-dated checks given to a landlord, it is punishable. Conversely, if a sailor miscalculates their balance and unintentionally bounces a check but quickly repays it, it may not be dishonorable.

Conclusion

Article 134 worthless check offenses reinforce financial responsibility and honesty within the armed forces. By punishing dishonorable failures to maintain funds, the UCMJ preserves trust in service members’ integrity and protects the military’s reputation.

Frequently Asked Questions

1. How is this offense different from larceny?
Larceny involves wrongful taking of property, while worthless check offenses focus on issuing checks without funds. Both involve dishonesty, but checks emphasize financial misrepresentation.

2. What is the maximum punishment?
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for up to 6 months. This reflects moderate severity compared to theft or fraud.

3. Can repayment prevent charges?
No. Repayment may mitigate sentencing but does not erase liability. The offense is complete once the check is dishonored.

4. What if the bank caused the error?
If a bank mishandled deposits or credits, the accused may not be liable. The government must prove the accused knowingly issued worthless checks.

5. Can this offense apply overseas?
Yes. Writing worthless checks at overseas exchanges, commissaries, or civilian businesses is punishable if it discredits the armed forces.

6. Does intent matter?
Yes. The accused must knowingly issue checks without funds and dishonorably fail to maintain funds. Honest mistakes are not criminal.

7. How does this affect a service member’s career?
Even short confinement or a bad-conduct discharge can end a career. Financial dishonesty is viewed harshly in the military.

8. What if the checks were small amounts?
The amount does not matter. Repeated small worthless checks can be just as damaging to discipline and reputation as large ones.

9. Can electronic payments fall under this article?
Traditionally applied to checks and drafts, similar dishonorable conduct with electronic transfers may be prosecuted under other fraud provisions.

10. Why is the military strict about financial misconduct?
Because financial dishonesty harms public trust, disrupts relations with civilian communities, and undermines discipline. Service members must meet high standards of responsibility.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Worthless Check 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. Downard, 48 M.J. 111 (1998)
  • 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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