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.

To be convicted of an Article 106a violation, the prosecution must demonstrate:

1. the accused wore a specific 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 six 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 one 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 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 a wide variety of matters and a diverse background of clients.

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.