At Bilecki Law Group, We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
What Is Article 105a (False or Unauthorized Pass Offense) of the UCMJ?
When a service member makes use of a military pass or permit in an unauthorized manner, or tampers or alters a pass or permit in any fashion, he or she could be accused and convicted under Article 105a of the UCMJ: False or Unauthorized Pass Offense. Any government pass (military or otherwise) is a sensitive document which carries serious responsibilities for the service members who carry them. Because these passes and permits are often sensitive documents, law enforcement, and military prosecutors will show no mercy to service members who fail to use them as intended.
- Wrongfully loaning a false or unauthorized pass can support a bad-conduct discharge and up to six months of confinement. Other Article 105a conduct, including selling a pass or using one with intent to defraud or deceive, can carry a dishonorable discharge and up to three years.
- You will lose your bonuses immediately and may be forced to pay them back. All pay and allowances will be lost in an instant.
- You run the risk of confinement that could extend out for years if you are unlucky enough to receive a maximum sentence.
The loss of your military career, your benefits, and your freedoms is possible with a guilty verdict. Do not take the risk. Contact Bilecki Law Group TODAY to start fighting back.
Every article of the Uniform Code of Military Justice requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. Three criminal offenses related to false or unauthorized passes are defined under Article 105a, each with its own set of elements which must be proven:
- Wrongful making, altering, counterfeiting, or tampering with a military or official pass, permit, discharge certificate, or identification card
- That the accused wrongfully and falsely made, altered, counterfeited, or tampered with a certain military or official pass, permit, discharge certificate, or identification card; and
- That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
- Wrongful sale, gift, loan, or disposition of a military or official pass, permit, discharge certificate, or identification card
- That the accused wrongfully sold, gave, loaned, or disposed of a certain military or official pass, permit, discharge certificate, or identification card
- That the pass, permit, discharge certificate or identification card was false or unauthorized;
- That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized; and
- That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
- Wrongful use or possession of a false or unauthorized military or official pass, permit, discharge certificate, or identification card
- That the accused wrongfully used or possessed a certain military or official pass, permit, discharge certificate, or identification card;
- That the pass, permit, discharge certificate or identification card was false or unauthorized;
- That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized; and
- That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Summary of the Elements of Article 105a (False or Unauthorized Pass Offense)
A service member may be accused of one or more of three criminal offenses related to the forgery, sale, and use of unauthorized passes. Prosecutors must prove the pass or permit was either fake or unauthorized, and that the act was service discrediting or prejudicial to good order and discipline.
Sentencing Guidelines
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must sentence within the applicable confinement range unless specific facts justify a departure. If the judge departs, the record must contain a written statement explaining the factual basis. These ranges do not replace the lawful maximum punishment for the offense or the court-martial’s jurisdictional limits. For offenses assigned sentencing criteria instead of a category, the judge must consider those criteria.
The punishment summaries describe the current offense limits for enlisted members; earlier conduct must be assessed under the law applicable on its date. Reduction to E-1 applies to enlisted members. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets, and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members. Court-martial jurisdiction and any plea agreement can further limit the sentence.
The Category 2 pass offenses have a three-year maximum. Other pass offenses have a six-month maximum, which caps their Category 1 range at six months.
Offenses Under
This Article
Offense Category
Category Confinement Range (Months)
False or unauthorized pass offenses (Possessing or using with intent to defraud or deceive, or making, altering, counterfeiting, tampering with, or selling)
Category 2
1-36
False or unauthorized pass offenses (All other cases)
Category 1
0-12
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Military Defense Attorney for Article 105a of the UCMJ: Fighting Back Against Charges of a False or Unauthorized Pass
Military passes, permits and certificates are sensitive documents. The military’s prosecutors will be unsympathetic and even hostile toward any service member who uses these documents in an unauthorized way. And this is very much apparent in the maximum charges connected to the offense, which includes a dishonorable discharge and up to three years in confinement.
Gambling on the outcome of your court-martial could have devastating results on your future, your freedoms and your financial stability. That’s why many service members choose to mitigate risk by hiring an experienced court-martial lawyer to represent their interests in court.
Bilecki Law Group knows how to help service members fight back against charges of false or unauthorized passes and other offenses under Article 105a of the UCMJ. Let’s take a closer look at why so many service members put their trust in Bilecki Law Group:
- Courts-martial experience. Tim Bilecki and Ben Gold are experienced litigators who fight for active duty and reserve service members. They prepare the case together, test the government’s strongest arguments and challenge each other’s assumptions. Another experienced set of eyes can find a weakness while there is still time to address it.
- Talented team of legal experts: A defense attorney cannot secure positive outcomes consistently for his clients without a team actively supporting him in the background. Tim and Ben can select independent investigators and experts for the issues your case presents, then direct that work toward securing a positive outcome in your case.
- Global reach: We are based in Tampa, Florida, and represent service members worldwide. Tim and Ben both travel for trials and boards. Your defense starts before we get on the plane.
Do not risk the worst case scenario for your Article 105a offense. If you are facing charges and require immediate assistance, contact Bilecki Law Group TODAY to consult with an attorney.
Experienced Military Defense Lawyers for Article 105a Charges
Every military member who cares about his or her career and future should seek out only the most experienced military defense attorney to represent their interests in court. Not doing so could mean a raw deal in court and setbacks which take years to resolve. Below you will find case history for Bilecki Law Group. Since inception, we have provided excellent results for our clients, and we continue to do so to this day.
Bilecki Law Group will help you fight back against charges under Article 105a: False or Unauthorized Pass Offense
Frequently Asked Questions About Article 105a: False or Unauthorized Pass Offense
What Is the Maximum Possible Punishment for Article 105a (False or Unauthorized Pass Offense)?
A conviction of a false or unauthorized pass under Article 105a of the UCMJ varies in maximum sentencing based on the type of criminal offense committed. Possession and use with intent to defraud OR making, altering, selling
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 3 years
- Dishonorable discharge
All other cases
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 6 months
- Bad-conduct discharge
Will Bilecki Law Group Travel to My Location If I Am Serving Abroad?
Absolutely. Bilecki Law Group is a truly worldwide law firm with global reach. Tim and Ben both travel for trials and boards. We start your defense remotely and plan the travel your case requires.