UCMJ Article 87b

UCMJ Article 104

Public Records Offenses

The MCM states under Article 104 (Public Record Offenses) any service member may be prosecuted if they willfully and unlawfully:

  1. alter, conceal, remove, mutilate, obliterate, or destroy a public record; or
  2. take a public record with the intent to alter, conceal, remove, mutilate, obliterate, or destroy the public record.

The prosecution must demonstrate:

  1. the accused altered, concealed, removed, mutilated, obliterated, destroyed, or took with the intent to alter, conceal, remove, mutilate, obliterate, or destroy, a certain public record; and
  2. the act of the accused was willful and unlawful.


Understanding Article 104 (Public Records Offenses) of the UCMJ

The public records included in a public records offense are any and all records, reports, statements, or data compilations, in any form, of public offices or agencies, outlining or detailing the activities of the office or agency, or matters observed pursuant to duty imposed by law as to which matters there was a duty to report. These records also include classified matters.


Maximum Possible Punishment for Violations of Article 104

Service members convicted of an Article 104 violation face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.


How do you defend against Article 104 Public Records Offense 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 104 charges for Public Records Offenses, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.

View more UCMJ Articles.