Veteran Owned & Operated
UCMJ Article 83: Malingering
The MCM states a service member may be subject to prosecution under Article 83 (Malingering) if they:
feign illness, physical disablement, mental lapse, or mental derangement; or
intentionally inflict self-injury.
These actions must be taken to avoid work, duty, or service willfully. The accused must have been aware of an assignment or possible future assignment to be charged with Malingering.
Understanding Article 83 (Malingering) of the UCMJ
To be prosecuted for Malingering, a service member must have purposely committed an act or acts that directly resulted in their not being able to fulfill their military responsibilities or expectations. The level of seriousness or permanence of the illness or injury is not a consideration regarding the guilt of the accused. It is also not necessary for the injury to be inflicted through violence. If the accused knowingly commits an act that will result in an illness or disability, they may still be charged with a violation of Article 83.
Maximum Possible Punishments for Violations of Article 83
The punishments associated with a conviction of Malingering charges vary depending upon the circumstances surrounding the incident. However, they all include a dishonorable discharge, forfeiture of all pay and allowances, and forced confinement.
How do you defend against Article 83 Malingering 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 83 charges for Malingering, you must speak with a Military defense attorney immediately. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.