At Bilecki Law Group, we defend service members against perjury charges under Article 131 and related justice offenses, including obstruction under Article 131b.
What Is Article 131 Of The UCMJ?
Article 131 governs perjury. Related offenses involving the administration of military justice have their own statutes, including Articles 131a through 131g. Each charge has its own elements; the government cannot treat them as interchangeable.
Now, it is a documented fact that military prosecutors do not like to lose. In fact, if they lose too much, you can pretty much consider their career over. The military justice system needs its convictions in order to maintain military order and discipline. If you get in their way, they will destroy you as well.
This is where abuse and misuse of the UCMJ can occur in order to wrongfully charge you with perjury or obstruction of justice. In reality, they just didn’t get what they wanted from you and they will threaten you with these charges until they get what they want.
What began as a lie, or accusations of a lie, could lead to the loss of all you hold dear. Do not put your future at risk. Fight back with the help of Bilecki Law Group TODAY.
Which Perjury and Related Justice Charges Does This Guide Explain?
The ten forms of misconduct discussed below fall under Articles 131 through 131g. Retaliation is a separate offense under Article 132. The numbered excerpts use pattern-instruction placeholders for the actual people, statements and conduct alleged; those blanks are not additional legal elements. It is essential that you understand each charge and the elements the government must prove. A perjury or obstruction allegation can give prosecutors additional leverage, which makes it important to challenge unsupported accusations before they shape the rest of the case.
Article 131: Perjury (False Testimony) – For a service member to be found guilty, the prosecution must satisfy the following seven elements:
(1) That (state the time and place alleged), the accused (took an oath) (made an affirmation) in a (judicial proceeding) (course of justice), that is: (state the judicial proceeding or course of justice alleged);
(2) That the (oath) (affirmation) was administered to the accused in a (matter) (___________) in which an (oath) (affirmation) was (required) (authorized) by law;
(3) That the (oath) (affirmation) was administered by a person having the authority to do so;
(4) That upon such (oath) (affirmation) the accused willfully gave certain testimony, namely: (set forth the testimony alleged);
(5) That the testimony was material;
(6) That the testimony was false; and
(7) That the accused did not then believe the testimony to be true.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Article 131: Perjury (Subscribing False Statement) – For a service member to be found guilty, the prosecution must satisfy the following six elements:
(1) That (state the time and place alleged), the accused subscribed a certain statement, specifically (set forth the statement alleged) in a (judicial proceeding) (course of justice), specifically (state the proceeding alleged);
(2) That in the (declaration) (certification) (verification) (statement), under penalty of perjury, the accused (declared) (certified) (verified) (stated) the truth of that certain statement;
(3) That the accused willfully subscribed the statement;
(4) That the statement was material;
(5) That the statement was false; and
(6) That the accused did not then believe the statement to be true.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Article 131a: Perjury (Subornation Of) – For a service member to be found guilty, the prosecution must satisfy the following seven elements:
(1) That (state the time and place alleged), the accused induced and procured (state the name of the alleged perjurer) to take an oath or its equivalent and to falsely (testify) (depose) (state) upon such (oath) (affirmation) concerning a certain matter: (state the alleged matter in which the perjured testimony or statement was given);
(2) That the (oath) (affirmation) was administered to (state the name of the alleged perjurer) in a (matter) (__________) in which an oath or its equivalent was required or authorized by law;
(3) That the oath or its equivalent was administered by a person having authority to do so;
(4) That upon such oath or its equivalent (state the name of the alleged perjurer) willfully (made) (subscribed) a statement, to wit: (set forth the statement as alleged);
(5) That the statement was material;
(6) That the statement was false; and
(7) That the accused and (state the name of the alleged perjurer) did not then believe the statement to be true.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Article 131b: Obstructing Justice – For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That (state the time and date alleged), the accused wrongfully did (a) certain act(s), that is, (state the act(s) alleged);
(2) That the accused did so in the case of (himself) (herself) (__________) against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending;
(3) That the act(s) (was) (were) done with the intent to influence, impede or otherwise obstruct the due administration of justice.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Article 131c: Misprision Of Serious Offense – For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That the serious offense of (the murder of __________) (_________) was committed by (state the name of the person who committed the offense);
(2) That the accused knew that (state the name of the person who committed the offense) had committed this serious offense; and
(3) That, thereafter, (state the time and place alleged), the accused wrongfully concealed this serious offense and failed to make it known to the civil or military authorities as soon as possible.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 3 years confinement and reduction in rank to E-1.
Article 131d: Testify (Wrongful Refusal) – For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) That the accused was in the presence of (a) (an) ((general) (special) (summary) court-martial) (board of officers) (military commission) (court of inquiry) (officer conducting a preliminary hearing under Article 32, Uniform Code of Military Justice) (officer taking a deposition), (of) (for) the United States, at which (state the name and rank of the presiding official) was presiding;
(2) That (state the name and rank of the presiding official)
(a) directed the accused to qualify as a witness, or
(b) directed the accused, after (he) (she) had qualified as a witness, to answer the following question(s) as a witness, namely: (set forth the question(s) alleged);
(3) That (state the time and place alleged), the accused refused to (qualify as a witness) (answer such questions); and
(4) That the refusal was wrongful.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Article 131e: Prevention of Authorized Seizure of Property – For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That (state the name(s) of the person(s) alleged), (a person) (persons) authorized to make searches and seizures (was) (were) seizing, about to seize, or endeavoring to seize certain property, to wit: (state the property alleged);
(2) That (state the time and place alleged), the accused (destroyed) (removed) (disposed of) (state the property alleged) with the intent to prevent its seizure; and
(3) That the accused then knew that (state the name(s) of the person(s) alleged) (was) (were) seizing, about to seize, or endeavoring to seize (state the property alleged).
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Article 131f: Noncompliance with Procedural Rules (Unnecessary Delay in Disposing of case) – For a service member to be found guilty, the prosecution must satisfy the following five elements:
(1) That the accused was charged with the duty of (state the duty alleged) in connection with the disposition of the case of (state the name of the person alleged), a person accused of an offense under the Uniform Code of Military Justice;
(2) That the accused knew that (he) (she) was charged with this duty;
(3) That (state the time and place alleged), delay occurred in the disposition of the case;
(4) That the accused was responsible for the delay; and
(5) That, under the circumstances, the delay was unnecessary.
Maximum Punishment: Bad conduct discharge, total forfeiture of all pay and allowances, 6 months confinement and reduction in rank to E-1.
Article 131f: Noncompliance with Procedural Rules (Failing to Enforce or Comply with Code) – For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) That, at (state the time and place alleged), the accused failed to (enforce) (comply with) Article (___) of the Uniform Code of Military Justice regulating a proceeding (before) (during) (after) trial of an accused by (state the manner alleged);
(2) That the accused had the duty of (enforcing) (complying with) that provision of the Uniform Code of Military Justice;
(3) That the accused knew that (he) (she) was charged with this duty; and
(4) That the accused’s failure to (enforce) (comply with) that provision was intentional.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Article 131g: Wrongful Interference with an Adverse Administrative Proceeding – For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That (state the time and date alleged), the accused wrongfully did (a) certain act(s), that is, (state the act(s) alleged);
(2) That the accused did so in the case of (himself) (herself) (__________) against whom the accused had reason to believe there (was) (were) or would be (an) adverse administrative proceeding(s) pending; and
(3) That the act(s) (was) (were) done with the intent to (influence) (impede) (obstruct) the conduct of the administrative proceeding(s), or otherwise obstruct the due administration of justice.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
How To Fight Back and Win Against Article 131 Charges?
The easiest way to fight back against Article 131 charges is to have an experienced military defense attorney by your side from the first sign of an investigation and all the way through the end of a court martial if needed. If you let the prosecution bait you into making one of these mistakes under Article 131, they are absolutely going to destroy you.
Make no mistake about it, the prosecution will not fight fair and if you are in their way they will hold nothing back. That’s just the reality of the military justice system. This is true if you are the service member originally charged with another UCMJ Article violation and this is true if you were just brought in as witness or involved in some other aspect of the investigation.
It may be that you were just trying to cover for your buddy or you didn’t want to rat him out, but if you are facing Article 131 charges, it means you are now the object of the military justice system’s wrath. Don’t let the prosecution walk you into ruining your military career. Reach out to us before you speak with the investigators and get us into this fight early. That’s your best defense and when we get into the fight, Tim and Ben personally carry the defense through the investigation, trial or board you hire us to handle.
Bilecki Law Group will help you fight back against charges under Article 131: Perjury
Maximum Punishments and Sentencing Parameters
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 ranges below are stated in months and are limited where the offense has a lower confinement maximum. A special court-martial can impose no more than its own authorized limit, even when an offense or category allows more. The maximum is not a prediction of the sentence in your case.
| Offense | Maximum confinement | Category or criteria | Confinement range in months |
|---|---|---|---|
| Perjury | 5 years | Category 2 | 1–36 |
| Subornation of perjury under Article 131a | 5 years | Category 2 | 1–36 |
| Obstructing justice under Article 131b | 5 years | Category 2 | 1–36 |
| Misprision of a serious offense under Article 131c | 3 years | Category 2 | 1–36 |
| Wrongful refusal to testify under Article 131d | 5 years | Category 2 | 1–36 |
| Prevention of authorized seizure of property under Article 131e | 5 years | Category 1 | 0–12 |
| Unnecessary delay in disposing of a case under Article 131f | 6 months | Category 1 | 0–6 |
| Intentional failure to enforce or comply with the Code under Article 131f | 5 years | Category 2 | 1–36 |
| Wrongful interference with an adverse administrative proceeding under Article 131g | 5 years | Category 2 | 1–36 |
Reduction to E-1 applies to enlisted personnel. Dismissal, rather than a dishonorable or bad-conduct discharge, is the authorized punitive separation for commissioned officers, including commissioned warrant officers, and cadets and midshipmen. The authorized punishment also depends on the offense date and court-martial forum.
Facing an Allegation?
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Frequently Asked Questions About Article 131
What Is the Maximum Possible Punishment for Article 131: Perjury?
A service member convicted under Article 131 for charges of perjury is subject to a maximum sentence which includes:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 5 years
- Dishonorable discharge
I Perjured Myself for a Good Reason. Will This Influence My Case at All?
A good motive by itself does not excuse knowingly giving materially false testimony under a lawful oath. But it is wrong to say that your reasons can never matter. A threat of immediate death or serious bodily injury can raise a duress defense if its requirements are met, including the absence of a reasonable way to avoid the threatened harm. The circumstances may also matter at sentencing. Tell your defense team the full story so we can separate an actual defense from evidence that explains why the conduct occurred.