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Punitive Articles of the UCMJ

Article 108—Destruction of Government Property (Page 2)

By

Lesser included offenses.

(1) Sale or disposition of military property.

(2) Willfully damaging military property.

    (a) Article 108—damaging military property through neglect

    (b) Article 109—willfully damaging non-military property

    (c) Article 80—attempts

(3) Willfully suffering military property to be damaged.

    (a) Article 108—through neglect suffering military property to be damaged

    (b) Article 80—attempts

(4) Willfully destroying military property.

    (a) Article 108—through neglect destroying military property

    (b) Article 109—willfully destroying non-military property

    (c) Article 108—willfully damaging military property

    (d) Article 109—willfully damaging non-military property

    (e) Article 108—through neglect damaging military property

    (f) Article 80—attempts

(5) Willfully suffering military property to be destroyed.

    (a) Article 108—through neglect suffering military property to be destroyed

    (b) Article 108—willfully suffering military property to be damaged

    (c) Article 108—through neglect suffering military property to be damaged

    (d) Article 80—attempts

(6) Willfully losing military property.

    (a) Article 108—through neglect, losing military property

    (b) Article 80—attempts

(7) Willfully suffering military property to be lost.

    (a) Article 108—through neglect, suffering military property to be lost

    (b) Article 80—attempts

(8) Willfully suffering military property to be sold.

    (a) Article 108—through neglect, suffering military property to be sold

    (b) Article 80—attempts

(9) Willfully suffering military property to be wrongfully disposed of.

    (a) Article 108—through neglect, suffering military property to be wrongfully disposed of in the manner alleged

    (b) Article 80—attempts

Maximum punishment.

(1) Selling or otherwise disposing of military property.

    (a) Of a value of $500.00 or less. Bad-conduct discharge, forfeiture of all pay and allowance, and confinement for 1 year.

    (b) Of a value of more than $500.00 or any firearm or explosive. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

(2) Through neglect damaging, destroying, or losing, or through neglect suffering to be lost, damaged, destroyed, sold, or wrongfully disposed of, military property.

    (a) Of a value or damage of $500.00 or less. Confinement for 6 months, and forfeiture of two-thirds pay per month for 6 months.

    (b) Of a value or damage of more than $500.00. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(3) Willfully damaging, destroying, or losing, or willfully suffering to be lost, damaged, destroyed, sold, or wrongfully disposed of, military property.

    (a) Of a value or damage of $500.00 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

    (b) Of a value or damage of more than $500.00, or of any firearm or explosive. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

Next Article> Article 109-Property other than military property of the United States-waste, spoilage, or destruction >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 32

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