UCMJ Article 112a

UCMJ Article 106a

Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button


The MCM states any service member may be charged with a violation of Article 106a (Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button) if they:

  1. are not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and
  2. wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing.

In order to be convicted of an Article 106a violation, the prosecution must demonstrate:

  1. the accused wore a certain insignia, decoration, badge, ribbon, device, or lapel button upon the accused’s uniform or civilian clothing;
  2. the accused was not authorized to wear the item; and
  3. the wearing was wrongful.

If the accused wrongfully wore the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, or any valor device or any personal award this must also be specified.

 

Understanding Article 106a (Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button) of the UCMJ

Authorization of the wearing of a military insignia, decoration, badge, ribbon, device, or lapel pin is governed by Department of Defense and Service regulations. The wearing of an item is not unauthorized if the circumstances reveal it to be in jest or for an innocent or legitimate purpose. The wearing of an item is “wrongful” where it is intentional, and the accused knew they did not have a legal justification or excuse to wear the item.

 

Maximum Possible Punishment for Violations of Article 106a

Service members convicted of an Article 106a violation face a maximum punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. If however, the accused was wearing the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, or a valor device on any personal award the maximum possible punishment increases to a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

 

How do you defend against Article 106a Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button charges?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 17 years of experience in military law and a sought-after speaker and lecturer on military law. In 2015 the firm recruited R. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service.

If you or someone you know is facing Article 106a charges for Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.

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