Conduct Unbecoming an Officer and a Gentleman

Under Article 133 of the United States Uniform Code of Military Justice (UCMJ), conduct unbecoming an officer and a gentleman is an offense that subjects a service member to a court-martial. The category of “officer” includes:

• cadets,

• commissioned officers, and

• midshipmen of both sexes.

Hence, it is simplified as "conduct unbecoming".Generally, "conduct unbecoming" is a catchall offense. Additionally, per the Manual for Courts-Martial, any other crimes listed in the UCMJ could be considered a violation of Article 133.  However, provided the conduct was “unbecoming” of an officer or a gentleman. A gentleman is a “man of honor” with an elevated standard of manners and morals. The aim of Article 133 is to preserve the integrity of the military’s officers and ranks.  One of the most critical military leadership traits is integrity. Additionally, officers are to adhere to the highest standards of ethics. Further, consult an army defense attorney from Crisp & Associates LLC immediately; officers facing an Article 133 charge should immediately consult a military defense attorney from Crisp & Associates, LLC.

Elements of an Article 133 Offense

Generally, the elements of an Article 133 offense include:

• The accused committed a wrongful act;

• The accused omitted to complete an act they were assigned, and

• Under the circumstances, the acts or omissions resulted in the unbecoming conduct of an officer and a gentleman.

Additionally, for a service member to be charged with violating Article 133, their conduct must have disgraced the person or officer or seriously compromised the officer’s character as a respectable officer and a gentleman. Examples of poor conduct include:

• Dishonesty.

• Indecency.

• Cruelty.

• Injustice.

• Lawlessness.

• Stealing.

• Public drunk and disorderly.

• Publicly associating with known prostitutes.

• The use of defamatory language to another officer.

• Knowingly making a false statement.

• Failure to pay a debt.

• Cheating on an exam.

• Without good cause, failing to support the officer’s family.

Finally, the punishment for a violation of Article 133 may include:

• dismissal,

• the forfeiture of all pay and allowances, and

• confinement for the most similar offense for which punishment is described in the Manual or

• If none applies, it is for one year.

Your military career is at stake if you’re facing an Article 133 charge. Contact Crisp & Associates, LLC for nationwide and worldwide representation. We are available 24 hours a day to take your call.