UCMJ Article 83
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 in order to willfully avoid work, duty, or service. The accused must have been aware of an assignment or possible future assignment in order to be charged with Malingering.
Understanding Article 83 (Malingering) of the UCMJ
In order 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 in regard to 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 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, as well as 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 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. 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 83 charges for Malingering, 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.
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