Article 134 UCMJ – The General Article
Gonzalez & Waddington, Attorneys at Law are globally recognized military defense lawyers and UCMJ law experts who defend service members accused under Article 134 of the Uniform Code of Military Justice (UCMJ), commonly referred to as the General Article. Article 134 serves as a catch-all provision that criminalizes conduct not specifically listed elsewhere in the UCMJ but that is considered prejudicial to good order and discipline or discrediting to the armed forces.
Because of its broad and flexible wording, Article 134 is one of the most frequently charged articles in the military justice system. It covers a wide variety of alleged misconduct—including adultery, fraternization, obstruction of justice, false swearing, indecent conduct, threats, child pornography, disorderly conduct, and general offenses involving moral turpitude. A conviction under Article 134 can permanently damage a service member’s career, security clearance, benefits, and civilian reputation.
Michael Waddington and Alexandra Gonzalez-Waddington have defended thousands of service members worldwide facing Article 134 charges. They are known for dismantling weak government cases, exposing unlawful command influence, and using cross-examination to undermine unreliable witnesses and investigative errors.
Understanding Article 134 – The General Article
- Text of the Article: “Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial.”
- Purpose: Article 134 allows prosecution of misconduct that undermines discipline or tarnishes the reputation of the service—even when that conduct doesn’t fit neatly into other UCMJ articles.
- Key Limitation: The government must prove that the alleged conduct had a “clear and palpable effect” on good order or the reputation of the armed forces. Vague moral disapproval is not enough.
Why Choose Gonzalez & Waddington for Article 134 Defense
- ✅ Decades of UCMJ litigation experience defending Article 134 and related charges worldwide.
- ✅ Extensive knowledge of case law limiting how far the government can stretch the General Article.
- ✅ Authors and lecturers on cross-examination and trial strategy in military courts.
- ✅ Global trial experience—defending Soldiers, Sailors, Airmen, and Marines from E-1 to O-7.
- ✅ Independent civilian counsel—free from command influence, focused solely on winning your case.
Examples of Offenses Charged Under Article 134
- Adultery and extramarital sexual conduct
- Fraternization and unprofessional relationships
- Child pornography or indecent material
- Obstruction of justice or witness intimidation
- False swearing or making false official statements
- Failure to pay debts or dishonorable conduct
- Drunken or disorderly behavior
- Possession of prohibited materials or misuse of government property
If you are accused under Article 134, contact Gonzalez & Waddington immediately. We have the knowledge, skill, and experience to fight these broad and often overcharged allegations and protect your career, your clearance, and your honor.
Article 134 UCMJ – Frequently Asked Questions
What does Article 134 of the UCMJ cover?
Article 134 covers misconduct that is not specifically listed elsewhere in the UCMJ but that is prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces. It serves as a catch-all provision for offenses such as adultery, fraternization, and indecent conduct.
Why is Article 134 called the “General Article”?
Because it applies broadly to any conduct that harms discipline or discredits the service, it functions as a general authority to prosecute unlisted misconduct. Its flexibility allows commanders and prosecutors to pursue cases that may not fit other UCMJ articles.
What must the government prove in an Article 134 case?
The prosecution must prove beyond a reasonable doubt that (1) the accused committed the alleged act, and (2) that the conduct either prejudiced good order and discipline or was of a nature to bring discredit upon the armed forces. Without clear evidence of harm to the service, the case should fail.
Can civilian conduct lead to Article 134 charges?
Yes. Even off-duty or civilian conduct can trigger Article 134 if it brings discredit upon the armed forces. Examples include adultery, social media misconduct, or criminal acts committed off-base. The key question is whether the behavior impacts military discipline or public perception.
How can a defense lawyer challenge Article 134 charges?
A skilled defense lawyer can challenge the government’s claim that the conduct was prejudicial or discrediting, question the reliability of witnesses, expose investigative bias, and argue that the alleged act does not meet the legal threshold for misconduct under Article 134.
Why hire Gonzalez & Waddington for Article 134 defense?
We bring decades of experience, global reach, and proven courtroom success defending service members under Article 134. Our team has a deep understanding of how military prosecutors misuse the General Article—and we know how to stop them.
Article 134 UCMJ – The General Article
The Catch-All Provision Used to Charge Misconduct in the Military
What Is Article 134?
Article 134 of the Uniform Code of Military Justice (UCMJ) is known as the “General Article.” It allows the military to charge service members for a wide range of misconduct not specifically addressed elsewhere in the UCMJ. It is a catch-all provision that covers any behavior that prejudices good order and discipline or brings discredit upon the armed forces.
This article is frequently used when other UCMJ provisions don’t apply, or when the conduct is moral, behavioral, or off-duty in nature. Charges under Article 134 can be based on both on-duty and off-duty actions—including acts that would be legal in the civilian world.
When Is Article 134 Used?
Article 134 is typically used when conduct:
- Violates military customs, professionalism, or standards
- Disrupts good order and discipline in a unit
- Embarrasses the military or tarnishes its image
- Constitutes a criminal act under civilian law (known as a clause 3 offense)
Three Clauses of Article 134
There are three main ways to be charged under Article 134:
- Clause 1: Conduct that prejudices good order and discipline
- Clause 2: Conduct that brings discredit upon the armed forces
- Clause 3: Offenses not listed in the UCMJ but punishable under federal law (e.g., child pornography, solicitation, wire fraud)
Examples of Article 134 Offenses
- Adultery or extramarital sexual conduct
- Fraternization or inappropriate relationships
- Sexual harassment or offensive behavior
- Obstruction of justice
- False official statements (when not charged under Article 107)
- Solicitation of prostitution
- Indecent language or public misconduct
- Disorderly conduct, fights, or being drunk in public
- Viewing or sharing pornography on government systems
- Sharing military info or images on OnlyFans or similar platforms
Many of these behaviors are charged as violations of good order or bringing discredit—even if not illegal in the civilian world.
Elements the Prosecution Must Prove
- The accused engaged in the alleged conduct
- The conduct was wrongful or inappropriate
- The conduct either prejudiced good order and discipline or discredited the military
There is no need to prove actual damage to unit morale or image—just that the conduct had the potential to do so.
Potential Punishments
- Confinement (varies depending on offense)
- Punitive discharge (BCD or dishonorable)
- Forfeiture of pay and allowances
- Reduction in rank
Because Article 134 offenses vary so widely, punishments are determined based on the specific facts and the Manual for Courts-Martial’s maximum guidelines for similar civilian crimes.
Defenses to Article 134 Charges
- Consent: In cases of adultery or fraternization
- No prejudice: The conduct did not disrupt order or bring discredit
- No intent: The act was not willful or was a misunderstanding
- Unfair enforcement: Command bias or selective prosecution
Because these cases are often based on perception or reputational harm, well-prepared rebuttals and witness statements can make a critical difference.
Real Case Example
Scenario: A female Specialist was charged under Article 134 for sharing bikini photos on a paid subscription site while in uniform. She was accused of bringing discredit on the service.
Defense: Her attorney argued the photos were tasteful, not pornographic, and that no official regulations had been violated. After a board hearing, the panel voted for retention with a formal counseling statement.
How to Respond If You’re Accused
- Do not admit guilt—even informally or “off the record”
- Request a copy of the allegation and seek legal advice immediately
- Collect digital evidence (texts, emails, photos, social media)
- Identify witnesses who can testify about your character or the events
- Consider hiring a civilian military defense attorney early
FAQ – People Also Ask
What is the maximum punishment under Article 134?
It depends on the offense. Clause 3 offenses (e.g., solicitation, pornography) often match civilian sentencing guidelines and can result in years of confinement.
Can I be charged under Article 134 for off-duty conduct?
Yes. If your behavior impacts your unit, command’s trust in you, or the military’s public image, you can be charged—even for conduct in your personal life.
Is Article 134 a felony?
It can be. Some charges under Article 134 (e.g., solicitation, distribution of indecent material) are treated as felonies under military law and civilian equivalents.
Can I be separated without a conviction under Article 134?
Yes. Many members are administratively separated due to alleged conduct that violates Article 134, even if they’re not convicted in court.