Article 108 | Military Property

Accused of an Article 108 Charge? Did someone accuse you of selling military property? Don’t go it alone. Military Law Center can help.

The Manual for Courts-Martial, under Article 108 (10 U.S.C. 908), prohibits any service member who, without proper authority:

1. Sells or otherwise disposes of;
2. Willfully or through neglect damages, destroys, or loses; or 
3. Willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of; any military property of the United states.

Article 108 of the Uniform Code of Military Justice (UCMJ) prohibits any person subject to the code from selling, damaging, or disposing of military property. Military property is all property, real or personal, owned, held, or used by one of the Armed Forces.  Military property is a different term than government property and is not interchangeable.

There are three methods in which the Government may prove an Article 108 charge.

Selling or Otherwise Disposing of Military Property:

1. That the accused sold or otherwise disposed of certain property (which was a firearm or explosive);
2. That the sale of disposition was without proper authority;
3. That the property was military property of the United States; and
4. That the property was of a certain value.

Damaging, Destroying, or Losing Military Property:

1. That the accused, without proper authority, damaged or destroyed certain property in a certain way, or lost certain property;
2. That the property was military property of the United States; 
3. That the damage, destruction, or loss was willfully caused by the accused or was the result of neglect by the accused; and
4. That the property was of a certain value of the damage was of a certain amount.

Suffering Military Property to be Lost, Damaged, Destroyed, Sold, or Wrongfully Disposed of:

1. That certain property (which was a firearm or explosive) was lost, damaged, destroyed, sold, or wrongfully disposed of;
2. That the property was military property of the United States;
3. That the loss, damage, destruction, sale, or wrongful disposition was suffered by the accused, without proper authority, through a certain omission of duty by the accused;
4. That the omission was willful or negligent; and 
5. That the property was of a certain value or the damage was of a certain amount.

The terms found within the elements above have specific definitions.  The following definitions apply:

A. Military Property:
Military property is all property, real or personal, owned, held, or used by one of the Armed Forces.  Military property is a term of art and should not be confused with Government property.  Retail merchandise of Service Exchange Stores is not military property under this article.

B. Suffering Military Property:
“To suffer” means to allow or permit.  The willful or negligent sufferance specified by this article includes deliberate violation or intentional disregard of some specific law, regulation, or order.

C. Value and Damage:
The value of the property controls the maximum punishment which may be adjudged for cases of loss, destruction, sale, or wrongful disposition.  For damage cases, the amount of damage is the estimated or actual cost of repair by the government agency normally employed in such work.

D. Firearm or Explosive:
The term explosive includes ammunition.

In the case of United States v Daniels, 56 MJ 365 (CAAF 2002), the Court of Appeals for the Armed Forces determined that removing screws from a portion of an airplane preventing it from pressurizing during flight was sufficient evidence to prove Article 108.  Evidence at trial showed the appellant likely removed screws in the nose landing gear inspection window of a C-141B aircraft.  Because the issue caused delay to a mission, the court ruled the appellant damaged the military property for purposes of Article 108, UCMJ.

Facing accusations of losing, damaging, or selling military property can be a shock. Military Law Center can help.

We understand the complexities of Article 108 charges and have a proven record of success defending service members. Don’t face these serious allegations alone.

Contact Military Law Center today for a free consultation. We’ll answer your questions, explore your options, and develop a personalized defense strategy to protect your future.

An Article 108 charge can feel daunting to defend against, but there are defenses available to fight the accusation:

Not Willful:
If the accused damaged military property during a training exercise and it was on accident, it would be a defense so long as it was not negligent.  

For example, if the accused tried breaching a building and tripped down stairwell breaking his or her rifle barrel, they would have a defense to Article 108. 

Not Military Property:
All Military Property is Government Property, but not all Government Property is Military Property.  If evidence is presented showing the damaged property was not actually military property, this would be a defense to Article 108, UCMJ.  

For example, the government charges a defendant for damaging pistol leash on sale at the installation’s exchange.  Just because the item could be used for military operations, does not make it military property in this case.  Showing that the pistol leash was on sale at the exchange would be a defense.

The maximum punishment for Article 108 is a dishonorable discharge, ten years confinement, total forfeitures of pay and allowances, reduction in rank to E-1, and other lawful punishments.

The potential penalties for selling, disposing, damaging, or losing military property are severe and depend on the seriousness of the offense. A court-martial can impose a range of punishments, including:

• Dishonorable discharge: 
  This is the most severe punishment, signifying a complete separation from the military with a negative characterization of service.
• Confinement: 
  The accused may face imprisonment for a specific period determined by the court-martial.
• Reduction in rank: 
  This could involve a demotion to a lower enlisted grade or officer rank.
• Forfeiture of pay and allowances: 
  The accused may lose a portion of their military pay and benefits.
• Bad-conduct discharge: 
  This is a less severe form of separation with a negative characterization, potentially impacting future employment opportunities.
• Reprimand or admonition: 
  These are non-judicial punishments involving official censure of the accused’s actions.

The exact maximum punishment for an allegation of Article 108, UCMJ will depend on how the government charges the case.  Our attorneys at the Military Law Center can help provide a maximum punishment for your case during a free consultation.

An Article 108 charge and conviction can have devastating consequences beyond the courtroom. It can damage your reputation within the military, stall your career progression, and potentially hinder future job opportunities in the civilian sector. 

Facing an Article 108 accusation can be a frustrating and stressful experience. At Military Law Center, our attorneys understand the challenges you’re facing, and we’re here to help. Here’s what sets us apart:

• Experienced Military Defense Attorneys:
  Our team is comprised of former military judge advocates (JAGs) with a deep understanding of military law and the UCMJ. We’ve successfully defended countless service members facing all kinds of allegations, and we know how to litigate the complexities of military justice from start to finish.
• Personalized Attention:
  We care for every client as an individual. We’ll take the time to understand your specific situation and develop a personalized defense strategy designed to achieve the best possible outcome.
• Aggressively Protecting Your Rights:
  We’re committed to fighting for your rights and ensuring you receive fair treatment throughout the legal process. We’ll explore all available defenses and work tirelessly to protect your career and reputation.
• Clear Communication:
  We understand legalese can be confusing. We’ll keep you informed about the progress of your case and explain everything in clear, understandable terms.
• Free Consultation:
  We offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.

Don’t Face Article 108 Charges Alone. Military Law Center Can Help.

An Article 108 charge can stall your military career and damage your reputation. But you don’t have to fight by yourself. Military Law Center has a proven track record of successfully defending service members facing the most serious charges. Our experienced military law attorneys understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Contact Military Law Center today for a free consultation.
We’ll stand by your side and fight for you.

Call Us Today – (760) 536-9038