UCMJ Article 100: Subordinate Compelling Surrender

The MCM states under Article 100 (Subordinate Compelling Surrender) any service member may be subject to prosecution if they “compel or attempt to compel the commander of any place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority.”

To be charged with compelling surrender, the prosecution must demonstrate:

1. the individual who was compelled was, in fact, a commander of a certain place, vessel, aircraft, or other military property or of a body of members of the armed forces;

2. the accused committed an intentional act that compelled the commander to give up the post to the enemy or to abandon it; and

3. the post was given up to the enemy or abandoned.

To be charged with attempting to compel surrender, the prosecution must demonstrate:

1. the individual compelled was a commander of a particular place, vessel, aircraft, or other military property or of a body of members of the armed forces;

2. the accused intentionally committed an overt act to compel the commander to give up the post to the enemy or to abandon it;

3. the act progressed past the preparation stage, and

4. the act apparently tended to bring about the compelling of surrender or abandonment.

Striking the colors or flag may be charged if:

1. there was an offer of surrender to an enemy;

2. the offer was made by striking the colors or flag to the enemy or in some other manner;

3. the accused made or was responsible for the offer and

4. the accused did not have proper authority to make the offer.

Understanding Article 100 (Subordinate Compelling Surrender) of the UCMJ

Compelling surrender and attempting to compel surrender require the surrender or abandonment to be made or attempted through actions, not words. Clear surrender requires the place, military property, or command to be abandoned or given up for the offense to be complete.

Striking the colors or flag is the traditional wording for an act of surrender. The offense is committed when the accused assumes the authority to surrender a military force or position without authorization. However, if communication with a proper authority is impossible and continued battle is fruitless, those facts may constitute an adequate authority to surrender. A service member may be charged with this offense if there is sufficient contact with the enemy to allow the opportunity for the accused to make the offer. I don’t think the acceptance or rejection of the offer is irrelevant. The attempt to make an offer of surrender is sufficient for prosecution.

Maximum Possible Punishment for Violations of Article 100

Service members convicted of an Article 100 violation face the maximum possible punishment of death or such other punishment as a court-martial may direct.

How do you defend against Article 100 Subordinate Compelling Surrender 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 23 years of experience in military law and a sought-after speaker and lecturer on martial law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding various matters and a diverse background of clients. 

If you or someone you know is facing Article 100 charges for Subordinate Compelling Surrender, you must speak with a Military defense attorney immediately. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.