Article 134 UCMJ – The General Article

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