UCMJ Article 109: Property Other Than Military Property of United States—Waste, Spoilage, or Destruction

The MCM states any service member may be subject to prosecution for violations of Article 109 if they willfully or recklessly waste, spoil, or otherwise intentionally and wrongfully destroy or damage any property other than military property of the United States.

To be prosecuted for wasting or spoiling non-military property, the prosecution must demonstrate the following:

1. the accused willfully or recklessly wasted or spoiled specific real property in a particular manner;

2. the property was that of another person; and

3. the property was of a specific value.

Charges of damaging non-military property may be applicable if it can be proven:

1. the accused willfully and wrongfully damaged specific personal property in a particular manner;

2. the property was that of another person; and

3. the damage inflicted on the property was of a certain amount.

Destroying non-military property may be charged if:

1. the accused willfully and wrongfully destroyed specific personal property in a certain manner;

2. the property was that of another person; and

3. the property was of a specific particular value.

Understanding Article 109 (Property other than military property of United States—waste, spoilage, or destruction) of the UCMJ

The wasting or spoiling non-military property section of Article 109 refers to the willful or reckless waste or destruction of the real property of another individual. The terms wastes, and spoils refer to acts of voluntary destruction of or permanent property damage. This destruction is punishable whether done willfully, intentionally, recklessly, or through a culpable disregard of the foreseeable consequences.

The destroying or damaging non-military property section of Article 109 refers to the willful and wrongful destruction or damage of the personal property of an individual. To be destroyed, the property does not need to be demolished or annihilated but must be sufficiently rendered useless for the intended purpose of the property. Damage refers to any physical injury to the property. To constitute a violation of Article 109, the destruction or damage of the property must have been willful and wrongful. As this section uses, “willfully” means intentionally, and “wrongfully” means contrary to law, regulation, lawful order, or custom.

Value and damage: in the case of destruction, the value of the property destroyed determines the level of punishment. In the case of damage, the amount of the damage controls. The amount of damage is the estimated or actual repair cost by artisans employed in this work who are available to the community wherein the owner resides, or the replacement cost, whichever is less.

Maximum Possible Punishment for Violations of Article 109

Service members convicted of an Article 109 violation face various maximum punishments depending upon the specific charges and the value or damage determined.

For property valued at $1,000 or less, wasting or spoiling, non-military property—real property carries a possible sentence of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. If the property had a value greater than $1,000, the maximum possible punishment is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.

Damaging any property other than military property of the United States that is valued at $1,000 or less yields a maximum possible punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. If the property is valued at over $1,000, the punishment increases to a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.

A conviction for charges of destroying any property other than military property of the United States that had a value of $1,000 or less results in a punishment consisting of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. If, however, the value of the property was deemed more significant than $1,000, the maximum possible punishment is increased to a dishonorable discharge; forfeiture of all pay and allowances, and confinement for five years.

How do you defend against Article 109 Property Other Than Military Property of United States—Waste, Spoilage, or Destruction 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.

Suppose you or someone you know is facing Article 109 charges for Property Other Than Military Property of the United States—Waste, Spoilage, or Destruction. In that case, you must speak with a Military defense attorney immediately. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.