UCMJ Article 134: Dishonorably Failing To Pay A Debt

At Bilecki Law Group, we defend service members against charges under Article 134 of the UCMJ. This includes charges of dishonorably failing to pay debt under the General Article.

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How To Fight Back Against A Charge Of Dishonorably Failing To Pay A Debt

One of our biggest beefs with the UCMJ is the fact that there is little consistency from command to command as to how it is enforced. In one command, this charge could be completely overlooked. In another, an otherwise good service member could find a military career on the line over unpaid bills. Being broke is not the same thing as dishonorably failing to pay a just debt. If the command is treating those as the same thing, that is where we start fighting back.

To make matters worse, picture a young PFC on a car lot with a salesman more interested in closing the deal than whether the kid can afford the payments. The salesman gets his commission. The PFC gets the bill and, when he falls behind, a first sergeant in his business. In other cases, a service member is trying to decide between paying a debt and buying baby formula. Before anybody labels that dishonorable, we want the loan terms, the payment history and the facts. Was the amount genuinely disputed? What could you actually afford, and what did you tell the creditor? A creditor making noise at the command does not answer those questions.

Tim Bilecki and Ben Gold work your defense together. Tim is a former Army judge advocate, and Ben is a former Navy Surface Warfare Officer. We examine the agreement, account records, payment communications and the government’s theory of dishonor. We bring in independent professionals when the financial or investigative questions call for them and can work alongside your appointed military defense counsel. The defense should account for the real transaction, not just an unpaid balance in a complaint.

It absolutely infuriates us to see the same men and women who would jump on a grenade for their buddy face a frivolous financial charge. If that is what is happening to you, we’re not going to treat it like a routine collections problem. Your career is on the line, and a creditor’s demand is not proof of a crime.

If you are facing this charge from your command, reach out to us. Your free initial consultation is with an attorney. We’ll shoot you straight on the debt, the accusation and whether retaining us makes sense for the action your command is proposing. If you get us into that fight, we’ll make the prosecution prove that you acted dishonorably. An unpaid bill is not going to do that work for them. You have a job to do for this nation. Our job is to fight the charge.

What Is Dishonorably Failing To Pay A Debt Under Article 134?

Article 134 makes dishonorably failing to pay a debt a military offense when the debt is due and payable and the required connection to good order and discipline or the reputation of the armed forces is proved. Negligent nonpayment is not enough. The failure must involve deceit, evasion, false promises or other distinctly culpable circumstances showing deliberate nonpayment or gross indifference toward a just obligation.

What Must The Prosecution Prove?

These are plain-English summaries of the four elements. The prosecution must prove each one beyond a reasonable doubt.

1. 1You owed a particular person or entity a particular sum.
2. 2That debt became due and payable on or about the alleged date.
3. 3While the debt remained due and payable, you dishonorably failed to pay it.
4. 4Under the circumstances, your conduct prejudiced good order and discipline in the armed forces, was of a nature to bring discredit upon the armed forces, or both.

For a debt to support this offense, you must not have had a defense, or an equivalent offset or counterclaim, either in fact or according to your belief at the time alleged. The Manual says the offense should not be charged when a genuine dispute over the facts or law affects your obligation to pay. It is also not committed when the creditor is satisfied with your conduct concerning payment.

The length of nonpayment and a denial that you owe the debt can be considered, but neither replaces the requirement to find dishonor from all the evidence. A payment arrangement, a billing dispute, a claimed offset and your communications with the creditor need to be examined on their actual facts.

Prejudice to good order and discipline must be reasonably direct and palpable, rather than a remote effect. Conduct of a nature to bring discredit upon the armed forces is conduct tending to damage the service’s reputation. The prosecution must prove the applicable requirement beyond a reasonable doubt.

Maximum Punishment And Sentencing Parameters

The maximum punishment includes a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months. Reduction to E-1 applies to enlisted members. Military status and the type of court-martial affect the authorized punishment; commissioned officers are subject to separate dismissal rules. These are possible punishments, not automatic consequences of an overdue bill or an accusation.

For a noncapital general court-martial when every offense of conviction occurred on or after 28 December 2023, this is a Category 1 offense. The category’s general confinement range is 0 to 12 months, but this offense’s six-month maximum caps the applicable range at 0 to 6 months. The judge must apply the governing range unless specific facts justify a departure, with a written statement explaining the factual basis; a departure does not increase the offense maximum. The limits of the court hearing the case and any plea agreement must also be checked. Earlier conduct requires the law applicable at that time.