Article 109 | Non-Military Property

Accused of an Article 109 Charge?  Did someone accuse you of selling non-military property?  Don’t go it alone.  Military Law Center can help.

The Manual for Courts-Martial, under Article 109 (10 U.S.C. 909), directs that any service member who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States shall be punished by a court-martial.

There are three methods in which the Government may prove an Article 109 charge.

Wasting or Spoiling Non-Military Property:

1. That the accused willfully or recklessly wasted or spoiled certain real property in a certain manner; 
2. That the property was that of another person; and
3. That the property was of a certain value.

Damaging Non-Military Property:

1. That the accused willfully or recklessly damaged certain personal property in a certain manner; 
2. That the property was that of another person; and
3. That the damage inflicted on the property was of a certain amount.

Destroying Non-Military Property:

1. That the accused willfully and wrongfully destroyed certain persona property in a certain manner; 
2. That the property was that of another person; and
3. That the property was of a certain value.

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

A. Wasting or Spoiling:
The terms “wastes” and “spoils” as used in Article 109 refer to such wrongful acts of voluntary destruction of or permanent damage to real property as burning down buildings, burning piers, tearing down fences, or cutting down trees.  This destruction is punishable whether done willfully, that is intentionally, recklessly, or is through a culpable disregard of the foreseeable consequences of some voluntary act.

B. Destroying:
To be destroyed, the property need not be completely demolished or annihilated, but must be sufficiently injured to be useless for its intended purpose.  

C. Damaging:
Damage consists of any physical injury to the property.

D. Willful:
Willful means intentionally.

E. Wrongfully:
Wrongfully means contrary to law, regulation, lawful order, or custom.

In the case of United States v. Youkum, 8 M.J. 763 (A.C.M.R. 1980), the appellant decided to drive his car at the victim and the victim’s parked car.  When the appellant’s crashed into the parked car, he caused significant damage to it.  The Army Court of Military Review determined the circumstantial evidence showed the appellant’s wrongful intent to willfully destroy or damage non-military personal property.

An Article 109 charge can feel daunting to defend against, but there are defenses available to fight the accusation:

• Not Willful:
  If the accused damaged non-military property on accident, it would be a defense so long as it was not reckless.  

• Not Destroyed:
  When the government charges an offense under this article, the property in question must be useless for its intended purpose.  By showing the property still works or functions, but in a degraded fashion, this would be a defense.

Facing an Article 109 charge for damaging someone’s property can be stressful. Military Law Center can help.

We understand the complexities of non-military property cases and have a proven record of success defending service members. Don’t face these accusations 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.

The maximum punishment for Article 109 is a dishonorable discharge, five years confinement, total forfeitures of pay and allowances, reduction in rank to E-1, and other lawful punishments.

The potential penalties for wasting, spoiling, or destructing non-military property are strict and depend on the seriousness of the offense and government theory of the case. 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 109, 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 109 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 109 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 109 Charges Alone. Military Law Center Can Help.

An Article 109 allegation 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