Conduct Unbecoming an Officer Article 133 UCMJ

Military Defense Lawyers for Article 133 UCMJ Conduct Unbecoming an Officer Cases

Background of Conduct Unbecoming an Officer Article 133 UCMJ

Conduct Unbecoming an Officer Article 133 UCMJ addresses “Conduct Unbecoming an Officer .” This article is specifically designed to uphold the highest standards of conduct among commissioned officers, warrant officers, and cadets. This article aims to ensure that officers held to a higher standard of behavior due to their leadership roles do not engage in conduct that brings dishonor or disrepute upon themselves or the armed forces.

Elements of Conduct Unbecoming an Officer Article 133 UCMJ

To secure a conviction for conduct unbecoming an officer under Conduct Unbecoming an Officer Article 133 UCMJ, the prosecution must prove the following elements beyond a reasonable doubt:

Act or Conduct: The accused committed an act or engaged in conduct.
Unbecoming Nature: The act or conduct was unbecoming of an officer and a gentleman. This means the behavior was dishonorable or disgraceful.
Knowledge: The accused knew or reasonably should have known that the act or conduct was unbecoming.

Maximum Punishment for Conduct Unbecoming an Officer Article 133 UCMJ

The punishments for conduct unbecoming an officer under Conduct Unbecoming an Officer Article 133 UCMJ can be severe and may include:

Conduct Unbecoming an Officer Article 133 UCMJ committed from 1 Jan 2019 to 27 Dec 2023: Dismissal, TF, confinement for a period not in excess of that authorized for the most analogous offense prescribed in the MCM, or if none is prescribed, for one year.
Conduct Unbecoming an Officer Article 133 UCMJ committed after 27 Dec 2023: The sentence will be based on the following sentencing criteria:
- Article 133. Conduct unbecoming an officer.
- The age and experience of the accused;
- Any mental impairment or deficiency of the accused;
- The sentencing parameter for the most analogous enumerated offense;
- The grade of the accused;
- Whether the offense occurred in a time of active hostilities;
- Whether the offense disrupted or, in any way, impacted the operations of any organization;
- Whether the offense caused damage to the national security of the United States,
- regardless of whether the accused intended such damage;
- Whether the offense involved a severe lack of integrity and judgment;
- Whether the offense involved the conscious or reckless disregard of a risk of death or serious bodily harm to any person; and
- Whether the accused abused a position of trust or authority, or used specialized skill or training, in a manner that significantly facilitated the offense.

Examples Conduct Unbecoming an Officer Article 133 UCMJ

Article 133 of the Uniform Code of Military Justice (UCMJ) addresses conduct unbecoming an officer and a gentleman, encompassing a wide range of actions that can bring dishonor or discredit upon the armed forces. Below is a list of 40 possible offenses that could be charged as a violation of Conduct Unbecoming an Officer Article 133 UCMJ:

Lying: Deliberately providing false information.
Fraud: Engaging in deceitful practices for personal gain.
Theft: Stealing property or funds.
Embezzlement: Misappropriating funds entrusted to one’s care.
Bribery: Offering or accepting something of value to influence actions.
Perjury: Lying under oath.
Adultery: Engaging in extramarital sexual relations.
Sexual Harassment: Unwanted sexual advances or conduct.
Drunkenness: Public intoxication or being drunk on duty.
Drug Abuse: Illegal use of controlled substances.
Gambling: Participating in unauthorized gambling activities.
Insubordination: Defying orders from superiors.
Assault: Physically attacking another person.
Battery: Unlawful physical contact with another person.
Domestic Violence: Abusing a spouse or family member.
Hazing: Subjecting others to abusive or humiliating rituals.
Fraternization: Inappropriate relationships with subordinates.
Discrimination: Unfair treatment based on race, gender, or other factors.
Dereliction of Duty: Failing to perform assigned duties.
Abuse of Authority: Misusing one’s position for personal gain or to harm others.
Misuse of Government Property: Using government assets for personal purposes.
Indecent Exposure: Exposing oneself inappropriately.
Indecent Conduct: Engaging in behavior that is morally inappropriate.
Obstruction of Justice: Interfering with legal proceedings.
Tampering with Evidence: Altering or destroying evidence.
Blackmail: Extorting money or favors through threats.
Extortion: Obtaining something through coercion.
Espionage: Spying or leaking confidential information.
Treason: Betraying one’s country.
Abandonment of Post: Leaving one’s assigned position without permission.
Disrespect to Superiors: Showing contempt or lack of respect.
Conduct Prejudicial to Good Order: Behaving in a manner that disrupts order.
Impersonating an Officer: Pretending to be an officer when not.
False Claims: Submitting fraudulent claims for benefits or reimbursements.
Failure to Pay Debts: Not settling financial obligations.
Cheating: Dishonestly gaining an advantage.
Plagiarism: Using someone else’s work without credit.
Unprofessional Relationships: Relationships that compromise integrity or mission.
Abandoning Subordinates: Leaving subordinates without support or guidance.
Engaging in Criminal Activities: Participating in illegal activities outside the military.

These offenses undermine the integrity and honor expected of military officers, reflecting poorly on the individual and the military institution. Conduct Unbecoming an Officer Article 133 UCMJ upholds the high standards of conduct required of officers by addressing a wide spectrum of dishonorable behaviors.

Collateral Consequences of Conduct Unbecoming an Officer Article 133 UCMJ Conviction

A conviction for Conduct Unbecoming an Officer Article 133 UCMJ can have numerous collateral consequences, including:

Difficulty obtaining civilian employment due to the nature of the conviction and any resulting dismissal
Loss of military benefits, including retirement pay, VA benefits, and healthcare
Significant damage to personal and professional reputation
Potential loss of professional licenses or certifications
Ineligibility for future military service

The stigma associated with a conviction under Conduct Unbecoming an Officer Article 133 UCMJ can be long-lasting, affecting personal and professional aspects of an individual’s life.

Purpose of Conduct Unbecoming an Officer Article 133 UCMJ

The primary purpose of penalizing conduct unbecoming an officer under Conduct Unbecoming an Officer Article 133 UCMJ is to maintain the highest standards of conduct within the officer corps. Officers are expected to set an example for their subordinates and to uphold the integrity and honor of the military profession. By criminalizing conduct that is unbecoming, the military aims to:

Ensure that officers act in a manner that reflects well on the armed forces
Promote a culture of honesty, integrity, and professionalism
Deter potential misconduct by emphasizing the serious consequences of such behavior
Uphold the standards of conduct necessary for military readiness and effectiveness

Maintaining the trust and respect of both the military community and the general public is crucial for the effectiveness and legitimacy of the armed forces. Officers who engage in Conduct Unbecoming an Officer Article 133 UCMJ undermine this trust and compromise the ethical foundation of the military.

More Examples of Conduct Unbecoming an Officer under Article 133 UCMJ:

Sexual Harassment: Making unwanted and inappropriate sexual advances or comments to subordinates.
Fraternization: Engaging in improper personal relationships with enlisted personnel undermines the chain of command.
Drunk Driving: Being arrested for driving under the influence of alcohol, endangering public safety.
Bribery: Accepting money or gifts in exchange for favorable treatment in official duties.
Falsifying Records: Intentionally altering or falsifying official documents or reports.
Assault: Physically attacking another service member or civilian.
Theft: Stealing government property or the property of others.
Drug Abuse: Using illegal drugs or abusing prescription medications.
Dereliction of Duty: Willfully neglecting assigned responsibilities, resulting in mission failure or endangerment of personnel.
Misuse of Government Funds: Using government credit cards or funds for personal expenses.
Insubordination: Openly defying the orders or authority of a superior officer.
Public Intoxication: Being publicly intoxicated in uniform, bringing discredit to the service.
Disrespect to Superiors: Demonstrating a lack of respect for superior officers through actions or speech.
Engaging in Prohibited Political Activities: Participating in partisan political activities while in uniform or on duty.
Adultery: Engaging in extramarital affairs, especially with subordinates or within the same command.
Disorderly Conduct: Behaving in a disruptive or unruly manner in public.
Improper Use of Social Media: Posting offensive or inappropriate content on social media platforms.
Harassment: Bullying or harassing subordinates or peers.
Disclosing Classified Information: Unauthorized release of sensitive or classified information.
Engaging in Criminal Activity: Being involved in illegal activities such as gambling, prostitution, or trafficking.
Lying Under Oath: Committing perjury during official proceedings.
Abuse of Power: Using one’s position to intimidate or coerce others for personal gain.
Failure to Pay Debts: Not meeting financial obligations, resulting in legal action or garnishment of wages.
Unprofessional Relationships: Maintaining inappropriate personal relationships that compromise integrity or impartiality.
Conduct Unbecoming in Uniform: Any behavior that tarnishes the image of the military while in uniform, such as inappropriate public displays or offensive gestures.

These examples reflect actions that violate the high standards of ethical and professional conduct expected of military officers, potentially leading to disciplinary action under Article 133 UCMJ.

Examples of fictional cases involving Conduct Unbecoming an Officer Article 133 UCMJ with U.S. military service members

(Note: These names and details are fake. They are to show possible offenses, repercussions, and career impact of an Article 133 UCMJ violation):

Sure! Here are seven sample fake cases involving Conduct Unbecoming an Officer under Article 133 UCMJ with U.S. military service members at various military bases around the world, including some details, possible repercussions, and career impact:

Case 1: Fort Cavazos, Texas Conduct Unbecoming an Officer Article 133 UCMJ

Case Details: Captain Sarah Williams was found guilty of conduct unbecoming an officer for engaging in a romantic relationship with a subordinate enlisted soldier, violating the Army’s fraternization policy. The relationship was discovered during a routine inspection when inappropriate messages were found on her phone.

Repercussions and Career Impact: Williams faced a court-martial and received a formal reprimand, a fine, and confinement. Her actions significantly damaged her reputation, and she was reassigned to a less desirable post. Her chances for further promotion were severely hindered, and she faced ongoing scrutiny from her peers and superiors.

Case 2: Naval Station Norfolk, Virginia Conduct Unbecoming an Officer Article 133 UCMJ

Case Details: Lieutenant Commander John Mitchell was caught driving under the influence of alcohol, resulting in an off-base accident that injured a civilian. His blood alcohol level was found to be well over the legal limit.

Repercussions and Career Impact: Mitchell was court-martialed and received forfeiture of pay and 60 days of confinement. He was also issued a formal reprimand. The incident led to a loss of trust among his peers and superiors, effectively ending his prospects for further advancement in the Navy.

Case 3: Ramstein Air Base, Germany Conduct Unbecoming an Officer Article 133 UCMJ

Case Details: Major Lisa Chen was found guilty of misusing government funds for personal expenses. An audit revealed that she had used her government travel card for unauthorized purchases for several months.

Repercussions and Career Impact: Chen faced a court martial, which resulted in forfeiture of pay and a formal reprimand. She was reassigned to a less prominent role and placed under strict financial oversight. Her career progression was significantly impeded, and she lost the respect of her colleagues.

Case 4: Camp Lejeune, North Carolina Conduct Unbecoming an Officer Article 133 UCMJ

Case Details: Colonel James Thompson was discovered to have falsified operational reports to make his unit’s performance appear better than it was. The deception was uncovered during an external review.

Repercussions and Career Impact: Thompson was court-martialed and received a formal reprimand, and a significant fine. The incident damaged his credibility and reputation, leading to his early retirement from the Marine Corps with a tarnished record.

Case 5: Yokosuka Naval Base, Japan Conduct Unbecoming an Officer Article 133 UCMJ

Case Details: Commander Michael Davis was found guilty of sexual harassment after multiple subordinate officers reported inappropriate comments and behavior over several months.

Repercussions and Career Impact: Davis was court-martialed, resulting in pay forfeiture and a formal reprimand. He was also required to attend mandatory sensitivity training. The scandal ended his chances for promotion, and he was reassigned to a non-leadership position, effectively ending his command aspirations.

Case 6: Joint Base Pearl Harbor-Hickam, Hawaii Conduct Unbecoming an Officer Article 133 UCMJ

Case Details: Lieutenant Colonel Robert Johnson was caught accepting bribes from contractors in exchange for awarding government contracts. An undercover investigation revealed his involvement in the corruption scheme.

Repercussions and Career Impact: Johnson faced a court martial and received a dishonorable discharge, forfeiture of all pay and allowances, and two years of confinement. His actions led to a loss of trust in the procurement process and significantly damaged his legacy within the Air Force. His military career ended in disgrace, with legal repercussions continuing into his civilian life.

Case 7: Fort Moore, Georgia Conduct Unbecoming an Officer Article 133 UCMJ

Case Details: Captain Amanda Rogers was found guilty of engaging in a physical altercation with another officer at an off-base bar. The incident was widely publicized, discrediting her unit and the Army.

Repercussions and Career Impact: Rogers faced a court-martial, resulting in a formal reprimand and 30 days of confinement. The altercation tarnished her professional reputation and reassigned her to a less prominent role. Her prospects for future leadership positions were significantly diminished.

Each of these cases illustrates the severe consequences of violating Article 133 UCMJ, highlighting the importance of maintaining ethical behavior and professionalism as a military officer. The repercussions often include legal penalties, career setbacks, and damage to personal and professional reputations.

Additional Information on Conduct Unbecoming an Officer Article 133 UCMJ

To be a violation of Conduct Unbecoming an Officer Article 133 UCMJ, the conduct “must offend so seriously against law, justice, morality or decorum as to expose to disgrace, socially or as a man, the offender, and at the same time must be of such a nature or committed under such circumstances as to bring dishonor or disrepute upon the military profession which he represents.” William Winthrop, Military Law and Precedents 711-12 (2d ed.1920)).

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All that is required is for the offender’s conduct to fall below the level expected of officers and seriously expose him to public opprobrium. United States v. Rogers, 54 M.J. 244, 256 (C.A.A.F. 2000).
Private conduct may constitute an offense under Conduct Unbecoming an Officer Article 133 UCMJ, and it is not required to be otherwise criminal.
United States v. Moore, 38 M.J. 490 (C.M.A. 1994)
United States v. Norvell, 26 M.J. 477, 481 (C.M.A. 1988).
Conduct constitutes an offense elsewhere under the UCMJ. United States v. Taylor, 23 M.J. 314, 318 (C.M.A.1987).

Conduct Unbecoming an Officer Article 133 UCMJ applies to female officers. United States v. Norvell, 26 M.J. 477 (C.M.A.1988).

Acts Covered by Conduct Unbecoming an Officer Article 133 UCMJ

Includes acts punishable under other articles of the UCMJ and offenses not solicited, except for minor derelictions that do not satisfy the requirements of Article 133. United States v. Taylor, 23 M.J. 314 (C.M.A. 1987) (UCMJ art. 133 conviction affirmed even where misconduct does not violate a punitive article); United States v. Wolfson, 36 C.M.R. 722 (A.B.R. 1965) (not every deviation in conduct constitutes unbecoming conduct; to be actionable conduct must be morally unbefitting and unworthy). Examples include:

Conduct Unbecoming an Officer Article 133 UCMJ & Child Pornography

United States v. Forney, 67 M.J. 271 (C.A.A.F. 2009). Conduct involving child pornography, including receipt and possession, can constitute Conduct Unbecoming an Officer Article 133 UCMJ. This can include both actual and virtual child pornography.
United States v. Amazaki, 67 M.J. 666 (A. Ct. Crim. App. 2009) (holding that, under the facts, as a matter of due process, the accused was not “on fair notice that his unwitting possession of child pornography . . . was negligent or that his conduct in failing to discover, delete, or secure these images amounted to conduct unbecoming an officer and gentleman.”).

Conduct Unbecoming an Officer Article 133 UCMJ & Drugs Offenses

United States v. Graham, 9 M.J. 556 (N.C.M.R. 1980)
United States v. Maderia, 38 M.J. 494 (C.M.A. 1994) (publicly associating with a person known by the accused to be a drug smuggler and discussing drug use and the possibility of assistance in drug smuggling operations).

Conduct Unbecoming an Officer Article 133 UCMJ & Sex Crimes

United States v. Coronado, 11 M.J. 522 (A.F.C.M.R. 1981) (even though the offense occurred off the military installation, jurisdiction was properly exercised by a general court-martial which convicted accused of Conduct Unbecoming an Officer Article 133 UCMJ by performing acts of sodomy on an enlisted man)
United States v. Jefferson, 21 M.J. 203 (C.M.A. 1986) (adultery and fraternization)
United States v. Shobar, 26 M.J. 501 (A.F.C.M.R. 1988) (sexual exploitation of civilian waitress under the accused’s supervision)
United States v. Frazier, 34 M.J. 194 (C.M.A. 1992) (officer’s engaging in an open and intimate relationship with the enlisted soldier’s wife constituted conduct unbecoming an officer).

Conduct Unbecoming an Officer Article 133 UCMJ & Military Sexual Harassment

United States v. Lofton, 69 M.J. 386 (C.A.A.F. 2011) (a senior male officer made repeated, unwanted comments in attempts to establish a personal and unprofessional relationship with a senior female noncommissioned officer, who was not his immediate subordinate).

Article 133 UCMJ Conduct Unbecoming an Officer & Indecent language and conduct

United States v. Parini, 12 M.J. 679 (A.C.M.R.1981) (colonel attempted to extract sexual favors from subordinates in return for favorable treatment)
United States v. Hartwig, 35 M.J. 682 (A.C.M.R. 1992) (officer was properly convicted of Conduct Unbecoming an Officer Article 133 UCMJ based on his letter containing sexually suggestive comments to 14 year-old girl in response to her letter of support for Operation Desert Storm), aff’d, 39 M.J. 125 (C.M.A. 1994)
United States v. Moore, 38 M.J. 490 (C.M.A. 1994) (private remarks to a sex partner in the adulterous relationship regarding oral and anal sex were indecent and degrading and not protected by First Amendment);
United States v. Mazer, 58 M.J. 691 (N-M. Ct. Crim. App. 2003) (making suggestive, explicit, and indecent statements on an internet chat room to someone the accused believed to be a 14-year-old girl), set aside on other grounds, remanded by, 60 M.J. 344 (C.A.A.F. 2004).

Conduct Unbecoming an Officer Article 133 UCMJ & Homosexual Conduct

United States v. Harvey, 67 M.J. 758 (A.F. Ct. Crim. App. 2009). Conduct that falls within a recognized liberty interest under Lawrence, as applied to the military through Marcum, may be punished under Conduct Unbecoming an Officer Article 133 UCMJ. Under the circumstances of this case, fellatio between consenting adults “evince[d] . . . a degree of indecorum that disgraced and dishonored the appellant and seriously compromised his standing as an officer.”
United States v. Modesto, 39 M.J. 1055 (A.C.M.R. 1994) (off-post, off-duty, cross-dressing at gay club was Conduct Unbecoming an Officer Article 133 UCMJ); see generally TJAGSA Practice Note, Cross-Dressing as an Offense, Army Law., Mar. 1991, at 42.

Conduct Unbecoming an Officer Article 133 UCMJ & Lying & Breaches of Trust

United States v. Lindsay, 11 M.J. 550 (A.C.M.R. 1981)(lying to a criminal investigator about a subject of official investigation is Conduct Unbecoming an Officer Article 133 UCMJ. Even though making a false statement to a CID agent was, at the time, generally not an offense absent an independent duty to account for the special status of an officer and the position of trust he occupies makes the intentional deceit a crime under Conduct Unbecoming an Officer Article 133 UCMJ)
United States v. Timberlake, 18 M.J. 371 (C.M.A. 1984) (forging false PCS orders)
United States v. Gunnels, 21 C.M.R. 925 (A.B.R. 1956) (taking money to procure a discharge)
United States v. Rushatz, 30 M.J. 525 (A.C.M.R. 1990) (advising junior officers how to overstate rent for off-post housing using backdated receipts), aff’d, 31 M.J. 450 (C.M.A. 1990).

Conduct Unbecoming an Officer Article 133 UCMJ & Financial impropriety

United States v. Brunson, 30 M.J. 766 (A.C.M.R. 1990)(failing to pay a just debt)
United States v. Jenkins, 39 M.J. 843 (A.C.M.R. 1994) (negligently writing 76 dishonored checks and six false letters purportedly from bank officials).

Article 133 UCMJ Conduct Unbecoming an Officer & Physical contact

United States v. Isaac, 59 M.J. 537 (C.G. Ct. Crim. App. 2003)(officer pled guilty to three specifications of Art. 133 for “forcefully” picking up and carrying three different female enlisted personnel on three separate occasions).

Conduct Unbecoming an Officer Article 133 UCMJ & Obstruction of Justice

Conduct Unbecoming an Officer Article 133 UCMJ can include obstruction of foreign criminal investigations or proceedings
United States v. Ashby, 68 M.J. 108 (C.A.A.F. 2009)
United States v. Schweitzer, 68 M.J. 133 (C.A.A.F. 2009).

Legal Cases on Conduct Unbecoming an Officer Article 133 UCMJ for Miscellaneous Conduct

United States v. Schumacher, 11 M.J. 612 (A.C.M.R. 1981) (officer’s public intoxication can be Conduct Unbecoming an Officer Article 133 UCMJ)
United States v. Bonar, 40 C.M.R. 482 (A.B.R. 1969) (affirming conviction for driving in violation of a state justice of the peace’s court order)
United States v. Norvell, 26 M.J. 477 (C.M.A. 1988) (dishonorable catheterization to avoid giving a valid urine sample and then informing an enlisted person of this);
TJAGSA Practice Note, Drugs, Sex, and Commissioned Officers: Recent Developments Pertaining to Article 133, UCMJ, Army Law., Feb. 1989, at 62 (discusses Norvell )
United States v. Lewis, 28 M.J. 179 (C.M.A. 1989) (charging a fellow officer for tutoring in leadership)
TJAGSA Practice Note, Charging “Tuition” Can Constitute Conduct Unbecoming an Officer and a Gentleman, Army Law., Aug. 1989, at 36 (discusses Lewis )
United States v. Bilby, 39 M.J. 467 (C.M.A. 1994) (soliciting someone to violate a federal statute can be Conduct Unbecoming an Officer Article 133 UCMJ)
United States v. Miller, 37 M.J. 133 (C.M.A. 1993) (failing to report child abuse by a spouse and failing to obtain necessary medical care for an abused child can be Conduct Unbecoming an Officer Article 133 UCMJ).
Conviction reversed for visiting legal brothel with enlisted members where the accused did not seek or engage in sex, United States v. Guaglione, 27 M.J. 268 (C.M.A. 1988);
United States v. Smith, 16 M.J. 694 (A.F.C.M.R. 1983).

Conduct Unbecoming an Officer Article 133 UCMJ is not unconstitutionally void for vagueness

Parker v. Levy , 417 U.S. 733(1974).

Pleadings for Conduct Unbecoming an Officer Article 133 UCMJ

Referencing an unconstitutional statutory definition of child pornography in the pleadings and instructing the members using the unconstitutional statutory definition created an instructional error in a Conduct Unbecoming an Officer Article 133 UCMJ child pornography case.
United States v. Forney, 67 M.J. 271 (C.A.A.F. 2009) (Effron, C.J., concurring in the result) (Erdmann, J., dissenting).
Failing to allege the act was dishonorable or Conduct Unbecoming an Officer Article 133 UCMJ is not necessarily fatal. United States v. Wolfson, 36 C.M.R. 722 (A.B.R. 1966); United States v. Wilson, 14 M.J. 680 (A.F.C.M.R. 1982).
Allegations of “undue familiarity” and “excessive social contacts” with married female service members were legally insufficient.
United States v. Kroop, 38 M.J. 470 (C.M.A. 1993).
United States v. Boyett, 42 M.J. 150 (C.A.A.F. 1995) (affirming conviction for an unprofessional close personal relationship, including sexual intercourse, with an enlisted person not under the accused’s supervision)
United States v. Rogers, 54 M.J. 244 (C.A.A.F. 2000) (specification that LTC had an “unprofessional relationship of undue familiarity” with LT in his command did state an offense).

Conduct Unbecoming an Officer Article 133 UCMJ & LIOs

Where the underlying acts of misconduct are the same, a service disorder or discredit under Article 134 is a lesser included offense of Conduct Unbecoming an Officer Article 133 UCMJ.

United States v. Cherukuri, 53 M.J. 68 (C.A.A.F. 2000), aff’d by 54 M.J. 448 (C.A.A.F. 2001)
United States v. Conliffe, 67 M.J. 127 (C.A.A.F. 2009)
United States v. Harwood, 46 M.J. 26 (C.A.A.F. 1997)
United States v. Rodriguez, 18 M.J. 363, 368-369 n. 4 (C.M.A. 1984).

Where the underlying act of misconduct is the same, larceny under Article 121 is a lesser included offense of Conduct Unbecoming an Officer Article 133 UCMJ.

United States v. Frelix-Vann, 55 M.J. 329 (C.A.A.F. 2001) (Army captain pled guilty to one specification of Conduct Unbecoming an Officer Article 133 UCMJ and one specification of larceny for same underlying misconduct), aff’d by 56 M.J. 458 (C.A.A.F. 2002).
United States v. Timberlake, 18 M.J. 371 (C.M.A. 1984) (violation of the punitive article, such as art. 123, forgery, is lesser included offense of Conduct Unbecoming an Officer Article 133 UCMJ when same underlying misconduct at issue).

Conduct Unbecoming an Officer Article 133 UCMJ & Multiplicity

While any misconduct may be charged as Conduct Unbecoming an Officer Article 133 UCMJ even when chargeable as a violation of one of the other punitive articles—findings for both a Conduct Unbecoming an Officer Article 133 UCMJ offense and the same underlying offense may not stand.

United States v. Timberlake, 18 M.J. 371 (C.M.A. 1984). Where the service court found Conduct Unbecoming an Officer Article 133 UCMJ charge and obstructing justice charge was multiplicious, no error in allowing the government to elect which finding to retain. United States v. Palagar , 56 M.J. 294 (C.A.A.F. 2002).

Conduct Unbecoming an Officer Article 133 UCMJ & Unreasonable Multiplication of Charges (UMC)

Four specifications of communicating sexually suggestive and sexually explicit language to a minor via e-mail, in violation of Art. 133, did not represent UMC because they did not reflect the same act or transaction.
Each specification identified a discrete and unique communication.
United States v. Mazer, 58 M.J. 691 (N-M. Ct. Crim. App. 2003), set aside on other grounds, remanded by 60 M.J. 344 (C.A.A.F. 2004).

Punishment for Conduct Unbecoming an Officer Article 133 UCMJ

The maximum punishment for Conduct Unbecoming an Officer Article 133 UCMJ is a dismissal, forfeiture of all pay and allowances, and confinement for a period not over that authorized for the most analogous offense for which a punishment is prescribed by the MCM or, if none is prescribed, for one year. MCM, pt. IV, 59e.

The maximum sentence that may be adjudged for a duplicitously pled specification under Conduct Unbecoming an Officer Article 133 UCMJ will be that imposable for “the most analogous offense” with the greatest maximum punishment. United States v. Hart, 32 M.J. 101 (C.M.A. 1991).

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