UCMJ Article 131: Perjury And Obstruction Of Justice

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.

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.
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.
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.
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.
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.
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.