Article 107 UCMJ False Official Statement

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 107 UCMJ False Official Statement? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

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Note: This law applies only to Article 107 UCMJ False Official Statement offenses committed on and after 1 January 2019.

What is Article 107 UCMJ False Official Statement?

Article 107 of the UCMJ pertains to making false official statements. This offense involves knowingly and willfully making false statements or documents with the intent to deceive. Such actions undermine the integrity and trust essential to military operations. Penalties for this crime can include confinement, forfeiture of pay, reduction in rank, and dishonorable discharge. Manual for Courts-Martial, United States (2024 ed.)

Anyone accused of making a false official statement should seek representation from the best military defense lawyers. Skilled court-martial lawyers can provide a robust defense, challenge the evidence, and protect the accused’s rights throughout the legal process. Experienced legal counsel, such as those at Gonzalez & Waddington, is crucial in navigating the complexities of military law and working towards a favorable outcome. Their comprehensive understanding of military justice ensures a thorough defense strategy and can significantly impact the case’s result.

Engaging knowledgeable court-martial lawyers is essential to ensure that the accused receives fair representation and the best possible defense. These lawyers are adept at scrutinizing the evidence, identifying weaknesses in the prosecution’s case, and advocating effectively for their clients. The consequences of a conviction under Article 107 UCMJ are severe, making it imperative to have skilled legal representation.

Note: The maximum and minimum punishments for Article 128 UCMJ Assault Upon a Warrant, Noncommissioned, or Petty Officer vary depending on the date of the offense.

What are the Elements of Article 107 UCMJ False Official Statement?

That (state the time and place alleged), the accused (signed a certain official document) (made to (state the name of the person to whom the statement was allegedly made) a certain official statement), that is: (describe the document or statement as alleged);
That such (document) (statement) was (totally false) (false in that (state the allegedly false matters);
That the accused knew it to be false at the time (he) (she) (signed) (made) it; and
That the false (document) (statement) was made with the intent to deceive.

What are the Maximum Punishments for Article 107 UCMJ False Official Statement?

Maximum Punishments for Article 107 UCMJ False Official Statement offenses committed between 1 January 2019 and 27 December 2023:

5 Years of Confinement
Dishonorable Discharge, Bad Conduct Discharge
Total Forfeitures
Reduction to E-1

Maximum Punishments for UCMJ False Official Statement offenses committed after 27 December 2023

Under the Sentencing Parameters, Article 107 UCMJ False Official Statement is a Category 2 Offense – Confinement from 1-36 months (1 month to 3 years)
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

Sample Specification for Article 107 UCMJ False Official Statement

In that, SrA Kyle Dunwiddy, US Air Force, did, at or near San Antonio, Texas, on or about 2 August 2025, with intent to deceive, make to OSI Special Agent Dirk Killwood, an official statement, to wit: “I did not smoke that joint,” which statement totally false, and was then known by the said SrA Kyle Dunwiddy to be so false.

Model Specification for Article 107 UCMJ False Official Statement

In that ________ (personal jurisdiction data), did, (at/on board—location), on or about _______, with intent to deceive, [sign an official (record) (return) (_______), to wit: __________] [make to __________, an official statement, to wit: _______], which (record) (return) (statement) (__________) was (totally false) (false in that _____), and was then known by the said __________ to be so false.

What are the Definitions for Article 107 UCMJ False Official Statement?

“Intent to deceive” means to purposely mislead, cheat, trick another, or cause another to believe as true that which is false.

A statement is official when the maker is either acting in the line of duty or the statement bears a clear and direct relationship to the maker’s official military duties, or where the receiver is either a military member carrying out a military duty when the statement is made or a civilian necessarily performing a military function when the statement is made. The rank or status of the person intended to be deceived is immaterial if that person was authorized to execute a particular duty to require or receive the statement from the accused.

The Government may be the victim of this offense.

A statement may be made orally or in writing.

“Statements” include records, returns, regulations, orders, or other documents.

Civilian investigations. Unless occurring under one of the circumstances above, false statements to civilian law enforcement officials are not “official” and, therefore, are not punishable under Article 107.

AAFES employees. Suppose the accused is charged with making a false official statement to an AAFES employee. In that case, the military judge may give the following instruction: AAFES employees performing their duties are considered to be performing a military function.

Legal References on Article 107 UCMJ False Official Statement

“Exculpatory no” doctrine. Brogan v. US, 522 U.S. 398 (1998); US v. Solis, 46 MJ 31 (CAAF 1997); US v. Black, 47 MJ 146 (CAAF 1997); US v. Prater, 32 MJ 433 (CMA 1991); US v. Jackson, 26 M.J 377 (CMA 1988). Defining “official” statement. US v. Spicer, 71 M.J. 470 (CAAF 2013); US v. Capel, 71 M.J. 485 (CAAF 2013); AAFES employees. US v. Passut, 73 M.J. 27 (CAAF 2014).

Examples of conduct that could constitute a violation of Article 107 UCMJ False Official Statement:

Making a false statement about one’s whereabouts during an investigation can violate Article 107 UCMJ False Official Statement. A military defense lawyer could argue the statement was a mistake rather than an intentional falsehood.
Providing inaccurate information on official travel documents to obtain unauthorized travel funds constitutes Article 107 UCMJ False Official Statement. A military defense lawyer could challenge the accuracy of the allegations by highlighting procedural errors.
Falsifying training records to show completion of required courses when the service member did not attend violates Article 107 UCMJ False Official Statement. A military defense lawyer could present evidence of clerical errors or misunderstandings.
Misrepresenting personal leave status on official documents to avoid duty can constitute Article 107 UCMJ False Official Statement. A military defense lawyer could argue that the misrepresentation was due to a genuine oversight.
Submitting false statements about a medical condition to receive undue benefits violates Article 107 UCMJ False Official Statement. A military defense lawyer could gather medical records to prove the condition’s legitimacy.
Altering official documents to cover up unauthorized use of military property is a violation of Article 107 UCMJ False Official Statement. A military defense lawyer could scrutinize the chain of custody of the documents to find inconsistencies.
Falsely reporting the completion of required maintenance checks on military equipment can constitute Article 107 UCMJ False Official Statement. A military defense lawyer could present evidence showing that the equipment was indeed checked.
Providing false information during an official investigation to protect another service member violates Article 107 UCMJ False Official Statement. A military defense lawyer could argue that the statement was made under duress or coercion.
Misrepresenting one’s qualifications or certifications in official personnel records constitutes Article 107 UCMJ False Official Statement. A military defense lawyer could question the intent and awareness of the inaccuracies.
Submitting falsified expense reports to obtain unauthorized reimbursements is a violation of Article 107 UCMJ False Official Statement. A military defense lawyer could challenge the evidence and intent behind the alleged false reports.
Lying at a Court-Martial: Giving false testimony during a court-martial proceeding can constitute Article 107 UCMJ False Official Statement. A military defense lawyer could highlight inconsistencies in witness statements to create reasonable doubt.
Falsely claiming to have been awarded a military decoration or award violates Article 107 UCMJ False Official Statement. A military defense lawyer could argue that the service member genuinely believed they were entitled to the award.
Providing inaccurate information about combat injuries to receive undue benefits is a violation of Article 107 UCMJ False Official Statement. A military defense lawyer could present medical evidence to clarify the extent of the injuries.
Falsifying duty logs to cover up unauthorized absences constitutes Article 107 UCMJ False Official Statement. A military defense lawyer could argue that the logs were altered without the service member’s knowledge.
Submitting false witness statements during an investigation violates Article 107 UCMJ False Official Statement. A military defense lawyer could demonstrate that the statements were based on misinformation or confusion.
Altering official reports to reflect false mission accomplishments is a violation of Article 107 UCMJ False Official Statement. A military defense lawyer could review mission logs and records to identify inaccuracies or discrepancies.
Lying for Security Clearance: Providing false information on security clearance applications can constitute Article 107 UCMJ False Official Statement. A military defense lawyer could argue that the false information was an unintentional error rather than a deliberate act.
Falsely claiming dependent status for benefits eligibility violates Article 107 UCMJ False Official Statement. A military defense lawyer could gather evidence to show that the service member believed they met the eligibility requirements.
Falsifying Duty Logs: A service member records incorrect hours in duty logs to appear compliant with regulations. This constitutes a false official statement under Article 107. A military defense lawyer could argue that the error was unintentional or due to a misunderstanding of reporting procedures.
Lying About Qualifications: A soldier falsely claims to have completed specific training to qualify for a position or duty. This deception is a violation of Article 107 UCMJ. A military defense lawyer might defend by demonstrating the lack of intent to deceive and presenting evidence of honest confusion.
Fabricating Injury Reports: Reporting a non-existent injury to receive medical benefits or avoid duty can be charged as a false official statement. A military defense lawyer could argue the statement was made under duress or miscommunication.
Submitting False Travel Claims: A service member submits inflated or fake travel expenses for reimbursement. This action breaches Article 107 UCMJ. A military defense lawyer might defend by showing lack of fraudulent intent or clerical errors.
Lying During Investigations: Providing false information during an official investigation is a violation. A military defense lawyer could argue the service member was misled or confused during questioning.
Falsifying Fitness Reports: A superior officer exaggerates or fabricates fitness assessment results for personal or professional gain, violating Article 107 UCMJ. A military defense lawyer could challenge the evidence, arguing procedural errors in the reporting process.
False Testimony in Court-Martial: Giving false testimony during a court-martial, including cases of Article 134 UCMJ Sexual Harassment, is a serious offense. A military defense lawyer could defend by questioning the witness’s credibility or proving a lack of intent to deceive.
Manipulating Promotion Records: Altering or falsifying records to gain an unfair advantage in promotions breaches Article 107 UCMJ. A military defense lawyer could argue that the service member was not responsible for the alterations.
False Statements on Security Clearance Forms: Providing inaccurate information on security clearance applications violates Article 107. A military defense lawyer could defend by highlighting unintentional errors or misunderstandings of the form’s requirements.
Lying About Attendance: Falsely reporting attendance at required training or meetings constitutes a false official statement. A military defense lawyer could argue that the mistake was unintentional or due to administrative errors.
Providing False Witness Statements: Submitting fabricated statements as a witness in a UCMJ case violates Article 107 UCMJ. A military defense lawyer could demonstrate inconsistencies in the case and argue the statements were coerced or misunderstood.
Misreporting Financial Disclosures: Failing to accurately report financial interests or transactions, as required by regulations, breaches Article 107. A military defense lawyer might defend by showing the errors were due to complex reporting requirements or misinterpretations.
False Drug Test Results: Manipulating or falsifying drug test results to avoid disciplinary action violates Article 107 UCMJ. A military defense lawyer could argue that the service member was unaware of the tampering or challenged the testing procedures’ integrity.
Fabricating Alibi Statements: Providing a false alibi during an investigation, such as in cases involving Article 134 UCMJ Sexual Harassment, is a severe offense. A military defense lawyer could defend by questioning the reliability of the investigation and presenting alternative evidence.
Misleading Superiors About Missions: Falsifying reports about the status or success of missions to superiors constitutes a false official statement. A military defense lawyer could argue that the statements were misinterpreted or taken out of context.
Falsifying Awards or Decorations: Claiming unearned awards or decorations breaches Article 107 UCMJ. A military defense lawyer might defend by proving the service member was unaware of the false claims or that the records were inaccurately maintained.
Incorrectly Reporting Inventory: It is a violation to provide false reports on equipment or supply inventories to cover losses or theft. A military defense lawyer could argue that the discrepancies were due to clerical errors or poor inventory practices.
Misreporting Incident Details: Falsely reporting the details of an incident, such as an Article 134 UCMJ Sexual Harassment case, violates Article 107. A military defense lawyer could defend by showing that the inaccuracies were due to confusion or stress at the time of reporting.

These examples demonstrate how various false official statements can violate Article 107 UCMJ, emphasizing the importance of honesty and accuracy in official military documentation and proceedings. A military defense lawyer plays a crucial role in defending service members by challenging the evidence, intent, and circumstances surrounding these allegations.

Article 107 UCMJ False Official Statement Military Defense Lawyers

If you are suspected or accused of Article 107 UCMJ False Official Statement, speak with one of our experienced military court martial lawyers to discuss your case.

Introduction to Article 107 UCMJ False Official Statement

Article 107 of the Uniform Code of Military Justice (UCMJ) addresses the offense of making a false official statement. This article is crucial for maintaining integrity and trust within the military, ensuring service members provide truthful information in official matters. A false official statement can seriously impact military operations and discipline, making this article essential to military law.

Background of Article 107 UCMJ False Official Statement

Article 107 was established to uphold the high standards of honesty and integrity expected of military personnel. The military relies heavily on accurate information for operational effectiveness, decision-making, and maintaining good order and discipline. False statements can lead to misunderstandings, misallocating resources, and breaches of trust, jeopardizing missions and lives.

Elements of Article 107 UCMJ False Official Statement

To secure a conviction under Article 107 for making a false official statement, the prosecution must prove the following elements beyond a reasonable doubt:

False Statement: The accused made a statement or submitted a false document.
Knowledge: The accused knew the statement or document was false at the time it was made or submitted.
Intent: The statement or document was made or submitted with the intent to deceive.
Official Capacity: The false statement or document pertained to an official matter within the jurisdiction of the U.S. military.

Collateral Consequences of Article 107 UCMJ False Official Statement Conviction

A conviction for making a false official statement can have numerous collateral consequences, including:

Employment Challenges: Difficulty finding civilian employment due to the nature of the conviction and any resulting discharge status. Employers may be wary of hiring individuals with a history of dishonesty.
Loss of Benefits: Loss of military benefits, including retirement pay, VA benefits, and healthcare.
Reputation Damage: Significant damage to personal and professional reputation, affecting future opportunities and relationships.
Financial Impact: Fines and the loss of income can lead to financial instability and hardship.
Social Stigma: The stigma associated with a conviction can lead to social isolation and difficulties in maintaining personal relationships.

Purpose of Article 107 UCMJ False Official Statement

The primary purpose of penalizing false official statements under Article 107 is to maintain the integrity and reliability of official military records and communications. The military operates on a foundation of trust and honesty, and any breach of this foundation can have serious consequences. By criminalizing false statements, the UCMJ aims to:

Ensure Accurate Information: Guarantee that all official statements and documents are truthful, facilitating effective decision-making and operations.
Promote Integrity: Uphold the high standards of honesty and integrity expected of service members.
Protect Trust: Maintain the trust necessary for cohesive and effective military units.
Deter Dishonesty: Deter service members from making false statements by highlighting the serious consequences of such actions.

Examples and Case Studies of Article 107 UCMJ False Official Statement

Several notable cases highlight the application of Article 107 and its importance in maintaining military discipline. Cases involving falsified operational reports, false statements during investigations, and deceit in administrative matters illustrate how false official statements can undermine military efficiency and trust.

Defenses to Article 107 UCMJ False Official Statement Charges

There are several potential defenses against charges under Article 107, including:

Lack of Knowledge: Demonstrating that the accused did not know the statement was false when it was made.
Absence of Intent: Proving that the statement was not made with the intent to deceive.
Truthfulness: Providing evidence that the statement was true and accurate.
Jurisdictional Issues: Arguing that the statement did not pertain to an official matter within the jurisdiction of the U.S. military.

Article 107 UCMJ False Official Statement Military Defense Lawyers

Article 107 UCMJ is a vital component of military law that ensures service members provide truthful and accurate information in official matters. The serious consequences of a conviction, including confinement, loss of benefits, and damage to reputation, underscore the importance of honesty and integrity within the military. For more information on military law and the UCMJ, visit the U.S. Army’s Official References Page.