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.
Insignia and other devices are earned through years of service, hard work, and acts of valor. They may be used to identify rank and maintain good order inside and outside of combat. The military’s reliance on these symbols is so essential to its success, that it is considered a criminal offense under Article 106a to wear an unauthorized symbol, badge, or any other device unless that symbol has been earned and made official. If you have been accused under Article 106a of wearing an unauthorized insignia, decoration, badge, ribbon, device, or lapel pin, then you may be at risk for substantial losses to your military career, your finances, and even your freedom.
- A bad-conduct discharge threatens everything you have worked so hard to build in the military, such as your rank, your pay, and your benefits.
- A conviction could land a serious blow to your finances. You may lose all pay or have it substantially reduced. You may be forced to pay back your bonuses.
- Simply wearing the wrong lapel button could put you behind bars for a significant length of time.
Wearing the wrong symbol by mistake or otherwise could destroy your military career. Do not take the risk. Contact Bilecki Law Group to start fighting back TODAY.
What Is Article 106a (Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button) of the UCMJ?
Every Uniform Code of Military Justice article requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. Current Article 106a concerns the wrongful wearing of unauthorized military insignia and related items. Espionage is now addressed by Article 103a; the older Article 106a espionage number should not be confused with this offense.
- That the accused wore a certain insignia, decoration, badge, ribbon, device, or lapel button upon the accused’s uniform or civilian clothing;
- That the accused was not authorized to wear the item;
- That the wearing was wrongful.
Summary of the Elements of Article 106a (Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button): To be convicted of wearing an unauthorized military badge or symbol, a service member must have wrongfully worn a symbol which he was not authorized to wear, either on his uniform or in his civilian clothing.
Military Defense Attorney for Article 106a of the UCMJ: Fighting Back Against Charges of Wearing Unauthorized Military Insignias, Badges, Buttons, etc.
Military devices denote rank and protect the military’s order and structure. They ensure the military’s hierarchy is maintained by adding a visual element to each individual service member. To be found wearing a symbol which was not earned, therefore, leaves a service member at risk of accusations of deceit and even fraud. If the military’s prosecutors are allowed to act with impunity in the courtroom, you may be labeled a conman and a scam artist, leaving you at risk of a maximum sentence or even multiple offenses for separate crimes.
It’s for these and many other reasons that you must hire the most experienced military defense law firm possible to advocate for you in court. You stand to lose a great deal on the outcome of your court-martial. Mitigating that risk and securing the best possible outcome in court should be your first and only concern.
And when it comes to securing positive results, few law firms are as capable as Bilecki Law Group:
- Experienced UCMJ attorneys: Tim Bilecki and Ben Gold are experienced litigators who defend service members of all ranks and across the branches of America’s military. Their understanding of the military’s justice system is unrivaled, and their results in court are unequaled.
- Expert legal team: Tim and Ben can select independent investigators and experts for the work your case requires. We have the resources and the manpower required to give you a fighting chance in court.
- Global reach: Bilecki Law Group is based in Tampa, Florida, and represents service members worldwide. Tim and Ben both travel for trials and boards. Your defense starts before we get on the plane.
A raw deal in court could destroy your military career and set you back years. You deserve better. Contact Bilecki Law Group TODAY to set up a confidential consultation.
Experienced Military Defense Lawyers for Article 106a Charges
Everything from your freedom to your military career will be on the line if you are formally accused and convicted under Article 106a. The risks are simply too great not to hire an experienced military defense attorney to defend you in court. And few law firms can claim the case history and the reputation of Bilecki Law Group.
Bilecki Law Group will help you fight back against charges under Article 106a: Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button
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.
Offenses Under
This Article
Offense Category
Category Confinement Range (Months)
Wrongful wearing of the Medal of Honor; Distinguished Service Cross; Navy Cross; Air Force Cross; Silver Star; Purple Heart: or a valor device on any personal award
Category 1
0-12
Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button (All other cases)
Category 1
0-12
Facing an Allegation?
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Frequently Asked Questions About article 106a(Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button)
What Is the Maximum Possible Punishment for Article 106a (Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button)?
For wrongful wearing of the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, or a valor device on a personal award, the maximum includes a bad-conduct discharge, forfeiture of all pay and allowances, and one year of confinement. Other Article 106a cases carry a bad-conduct discharge, total forfeitures, and six months of confinement. Reduction in grade applies to enlisted members. Both groups are Category 1, but the six-month maximum caps the range in other cases.
The sentence depends on which insignia or decoration was involved and on proof that its wearing was wrongful and unauthorized; the wrong item does not automatically establish guilt.
Does Bilecki Law Group Travel to Military Installations Around the World?
Yes. Bilecki Law Group is based in Tampa, Florida but represents service members worldwide.
If you are either accused of a crime or believe you may be a suspect in a crime, contact our law firm TODAY to schedule a confidential consultation.