UCMJ Article 107: False Official Statement

Any attempt by a service member of the United States armed forces to intentionally falsify an official U.S. Military or Government statement or document while in the line of duty will be accused of falsifying an official statement under Article 107 of the UCMJ.

A conviction under Article 107 could prove disastrous for the accused service member:

  • Even if you were unaware of the false statement at the time, you could face up to five years in prison, all for a single mistake. 
  • You may be tossed out of the military with a dishonorable discharge. The embarrassment alone will be enough to never share your service with another living soul again. 
  • The benefits, pay, and allowances you earned will be taken from you and your family. 

Maximum Punishment

If you are found guilty under Article 107 of the UCMJ, your sentence will not exceed:

  • Reduction to E-1
  • Forfeiture of all pay and allowances
  • Five years of confinement
  • A dishonorable discharge

Accusations of falsifying official statements could destroy your military career and civilian future. Fight back against your charges TODAY with the help of Bilecki & Tipon.

Military documents

Winning Article 107 Cases

We understand what it takes to win Article 107 cases. We’ll begin by asking a few essential questions concerning your case:

  • Were you just trying to explain your side of the story to CID, NCIS or OSI and proclaim your innocence? Are you charged with a 107 offense in addition to a sexual assault offense? This is one of the common scenarios we see under the UCMJ. Where a service member waives his rights to an attorney, makes a statement to law enforcement, the statement is not incriminating, and the prosecutors charge you with a false official statement because they did not believe you. This scenario is all too common and we know how to fight against it.
  • What evidence does the government have to suggest you knew about the false statements, records, returns, regulations, etc.? How did you first learn about the false statements? Who did you speak with regarding the statement or document prior to its publication? We’ll review the full context surrounding your case and may pick up on information that the prosecution conveniently left out.
  • Do you have any previous criminal history, either civilian or military? Why would an otherwise upstanding member of the U.S. armed forces act deceptively in this particular case with no other past history of deception? We’ll fortify your reputation against a prosecution that seeks to brand you a common criminal in court.

Can You Be Convicted If You Believe You’ve Made A True Statement?

Unfortunately, yes.

Even a simple mistake could lead to the government charging you under Article 107. Never assume that the truth will materialize in your court-martial. A trial is not about truth. It’s about advocacy. And hiring a defense attorney that knows how to protect your interests could be the most important decision you’ll ever make, saving not only your military career but your future as a civilian.

Article 107 Sub-Articles

  • Article 107a: Parole, Violation Of – A conviction requires prosecutors to prove that you were currently on parole after serving time for another offense and that, while on said parole, you failed to adhere to its conditions, whether through action or inaction.
  • Article 107b: False Swearing – If you are a service member that has taken an oath or made a statement swearing to the truth of a certain matter, and you know it to be untrue at the time, you can be convicted under this article.

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