(C) forges or counterfeits any
signature upon any writing or other paper, or
uses any such signature knowing it to be
forged or counterfeited;
(3) who, having charge, possession,
custody, or control of any money, or other
property of the United States, furnished or
intended for the armed forces thereof,
knowingly delivers to any person having
authority to receive it, any amount thereof less
than that for which he receives a certificate or
receipt; or
(4) who, being authorized to make or
deliver any paper certifying the receipt of any
property of the United States furnished or
intended for the armed forces thereof, makes or
delivers to any person such writing without
having full knowledge of the truth of the
statements therein contained and with intent to
defraud the United States;
shall, upon conviction, be punished as a
court-martial may direct.
This article deals with frauds against the United
States. It pertains to making false claims against the
government to obtain money or property.
It also pertains to the offense of making a writing or
other paper known to contain a false statement for the
purpose of obtaining the approval, allowance, or
payment of a claim. The offense is complete when the
writing or paper is made for that purpose, whether or not
the use of either one has been attempted and whether or
not the claim has been presented.
Art. 133. Conduct Unbecoming an
Officer and a Gentleman
Any commissioned officer, cadet, or
midshipman who is convicted of conduct
unbecoming an officer and a gentleman shall be
punished as a court-martial may direct.
Art. 134. General Article
Though not specifically mentioned in this
chapter, all disorders and neglects to the
prejudice of good order and discipline in the
armed forces, all conduct of a nature to bring
discredit upon the armed forces, and crimes and
offenses not capital, of which persons subject to
this chapter may be guilty, shall be taken
cognizance of by a general, special or summary
court-martial, according to the nature and
degree of the offense, and shall be punished at
the discretion of that court.
Article 134 makes punishable acts or omissions not
specifically mentioned in other articles. Those acts
include wearing an improper uniform, abusive use of a
military vehicle, the careless discharge of a firearm, or
impersonating an officer. They also include offenses
involving official passes, permits, and certificates; and
the wrongful possession of a habit-forming narcotic
drug.
Discredit means to injure the reputation of; that is,
to bring the service into disrepute. Examples include
acts in violation of state or foreign laws, failure to pay
one’s debts, adultery, bigamy, and indecent acts.
Crimes and offenses not capital include those acts
or omissions, not punishable by another article,
denounced as crimes or offenses by enactment of
Congress or under authority of Congress and made
triable in the federal civil courts. Some of these offenses
are punishable wherever committed; others are
punishable only if committed within the geographical
boundaries of the areas in which they are applicable.
Art. 137. Articles to be explained
Articles 2, 3, 7 through 15, 25, 27, 31, 37,
38, 55, 77 through 134 and 137 through 139 of
this chapter shall be carefully explained to each
enlisted member at the time of his entrance on
active duty, or within six days thereafter. They
shall be explained again after he has completed
six months of active duty, and again at the time
when he reenlists. A complete text of the
Uniform Code of Military Justice and of the
regulations prescribed by the President
thereunder shall be made available to any
person on active duty upon his request, for his
personal examination.
2-34
Student Notes:
