Conduct Unbecoming (Article 133): The “Catch-All” Trap
When they can’t prove a crime, they charge you with “Being a Bad Officer.”
The Gentlemen’s Clause
Article 133 is the most dangerous weapon against an Officer’s career.
Unlike other crimes that have specific elements (like “you stole $50”), Article 133 is subjective. It punishes “Conduct Unbecoming an Officer and a Gentleman.
This means if a jury (panel) feels your actions were “dishonorable,” you can be convicted of a federal crime—even if you technically didn’t break a specific law. It is often used as a backup charge to ensure a conviction.
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
How We Defend the Indefensible
Because the charge is vague, the defense must be precise. We focus on two main arguments:
1. The “Private Conduct” Defense
Not every sin is a crime. We argue that your actions, while perhaps embarrassing, were private and did not affect your official standing or the unit’s mission. If the public didn’t see it, and the soldiers didn’t see it, it shouldn’t be “Unbecoming.”
2. The “Good Soldier” Defense
We bring in your service record. If you have been a stellar officer for 15 years, one lapse in judgment (like a drunken argument) should be handled administratively, not criminally. We use your Officer Evaluation Reports (OERs) to show that your character is defined by your career, not your worst day.
What Counts as “Unbecoming”?
There is no defined list, but here are the most common precedents.
| Category | Examples of Article 133 Charges |
|---|---|
| Dishonesty | Cheating on a PT test, lying to a commander, falsifying a report. |
| Indecency | Sexting subordinates, using racial slurs, public urination/intoxication. |
| Financial | Consistently failing to pay debts, writing bad checks intentionally. |
| Association | Knowingly associating with criminal groups or gangs. |
Frequently Asked Questions (FAQ)
Q: Is Article 133 a felony?
A: Yes. If you are convicted at a General Court-Martial, Article 133 is a federal criminal conviction. It can result in dismissal (Officer discharge), prison time, and the loss of all retirement benefits.
Q: Can I resign in lieu of Court-Martial (RILO)?
A: This is a common strategy for officers. If the evidence is overwhelming, we can negotiate a Resignation in Lieu of Court-Martial. You agree to leave the service (usually with an OTH or General discharge) to avoid a federal conviction and prison time. This saves your freedom, even if it ends your career.
Q: Will I lose my retirement?
A: If you are Dismissed (the officer equivalent of a Dishonorable Discharge), yes. However, if we can fight for a lesser sentence or administrative separation, you may still be eligible to retire, possibly at a lower rank (the last rank served satisfactorily).
Protect Your Commission and Your Reputation.
You worked hard for those bars. Do not let a vague charge take them away.
