UCMJ Article 93a: Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust

The MCM specifies a service member violates Article 93a Abuse of Training Leadership Position if they are:

1. an officer, a noncommissioned officer, or a petty officer;

2. in a training leadership position concerning a specially protected junior member of the armed forces and

3. engaged in prohibited sexual activity with such specially protected junior members of the armed forces.

A military personnel member violates Article 93a Abuse of Position as Military Recruiter if they are:

1. a military recruiter and engages in prohibited sexual activity with an applicant for military service; or

2. a military recruiter who engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program.

According to article 93a, a “specially protected junior member of the armed forces” is a member of the armed forces who is:

1. assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program;

2. a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; and

3. in any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification.

The term “training leadership position” refers to any service member who is:

1. a drill instructor or holds any instructor position in any military training program or

2. a member of the Faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy.

An “applicant for military service” is “a person who, under regulations prescribed by the Secretary concerned, is an applicant for original enlistment or appointment in the armed forces.”
The term “military recruiter” refers to a person whose primary duty is to recruit persons for military service.

“Prohibited sexual activity” is any inappropriate physical intimacy as specified in regulations prescribed by the Secretary.

For a service member to be convicted of an Article 93a – Abuse of Training Leadership Position violation, the prosecution must prove:

1. that the accused was a commissioned, warrant, noncommissioned, or petty officer;

2. that the accused was in a training leadership position concerning a specially protected member of the armed forces and

3. that the accused engaged in prohibited sexual activity with a person the accused knew, or reasonably should have known, was a specially protected junior member of the armed forces.

Successful conviction of an Article 93a – Abuse of Position as a Military Recruiter violation requires the prosecution to demonstrate the following:

1. that the accused was a commissioned, warrant, noncommissioned or petty officer;

2. that the accused was performing duties as a military recruiter; and,

3. that the accused engaged in prohibited sexual activity with a person the accused knew, or reasonably should have known, was an applicant for military service or;

4. that the accused engaged in prohibited sexual activity with a person the accused knew, or reasonably should have known, was a specially protected junior member of the armed forces who is enlisted under a delayed entry program.

Understanding Article 93a (Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust) of the UCMJ

The purpose of Article 93a is to protect those recruits or trainees who may be vulnerable to authority figures in a training environment. While military law does allow trainers, recruiters, instructors, and officers a degree of control over those under their supervision, their relationship and behavior must remain appropriate. The service member accused of violating Article 93a must have been aware the person was a “specially protected junior member of the armed forces” or an “applicant for military service,” this knowledge may be proven using circumstantial evidence. Consent is not a defense.

 Maximum Possible Punishment for Violations of Article 93a

The maximum punishment for a violation of Article 93a is a dishonorable discharge, forfeiture of all pay and allowances, and five years’ confinement.

How do you defend against Article 93a – Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust charges?

When facing the combined resources of the military and 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 93a charges for Prohibited Activities with a Military Recruit or Trainee by a person in a Position of Special Trust. In that case, you must speak with a Military defense attorney immediately.