Article 115 UCMJ – Malingering – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 115 of the Uniform Code of Military Justice criminalizes malingering—the intentional feigning of illness, injury, mental health symptoms, or self-inflicted harm to avoid duty, deployment, or service. It is one of the most misunderstood and misused charges in the military justice system.

Malingering is often alleged when a service member reports symptoms that command believes are exaggerated or untrue. These cases frequently arise from mental health crises, PTSD, depression, anxiety, chronic injuries, stress reactions, deployment fatigue, or misunderstandings between medical staff and command leadership. Many commands wrongly accuse service members of malingering when they simply do not understand physical, psychological, or combat-related injuries.

Florida’s large military population—especially at NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick SFB, MacDill AFB, NSA Panama City, and NAS Key West—faces high rates of psychological injury, chronic pain, aviation stress, special operations burnout, and post-deployment injury. As a result, Florida commands frequently misinterpret genuine suffering as malingering.

Gonzalez & Waddington defends service members wrongly accused of malingering by exposing flawed medical assumptions, command misunderstanding, lack of intent, and the complexities of mental and physical health under military stress. These cases require expert medical review, narrative defense, and deep understanding of operational environments.

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What Article 115 Criminalizes

There are two forms of malingering under the UCMJ:

1. Feigning Illness or Injury

The accused pretends to be sick, injured, mentally ill, or otherwise unfit for duty.

2. Intentional Self-Inflicted Injury

The accused purposely harms themselves to avoid duty, deployment, or service.

To convict, prosecutors must show the accused acted with the specific intent to avoid:

• Duty
• Deployment
• Training
• Movement orders
• Field exercises
• Hazardous service

Examples of Alleged Malingering

• Claiming illness to avoid deployment
• Exaggerating injuries to avoid PT or watchstanding
• Pretending to lose consciousness
• Claiming mental health symptoms (e.g., panic, anxiety) to avoid assignments
• Inflicting minor injury to skip field exercises
• Claiming back pain without objective findings
• Feigning hearing loss or vision problems
• Misrepresenting symptoms during sick call

However, many of these situations involve genuine medical or psychological problems, not intentional deception.

Elements the Government Must Prove

The prosecutor must prove the following:

1. The Accused Pretended to Be Ill, Injured, or Disabled

Or intentionally injured themselves.

2. The Illness or Injury Was Not Genuine

This is often the most disputed element.

3. The Accused Intended to Avoid Duty

The government must show the accused’s purpose was to avoid service—not to seek help.

4. The Conduct Was Wrongful

Meaning deliberate, deceptive, and without lawful excuse.

If any of these elements are not proven, the charge should fail.

What Malingering Is NOT

Many service members are falsely accused because commands misunderstand legitimate symptoms. The following do NOT constitute malingering:

• Real physical injuries
• Real psychological injuries (PTSD, depression, anxiety, trauma)
• Symptoms that fluctuate or appear intermittent
• Pain without clear medical imaging
• Delayed reporting due to shame or fear
• Navy/Marine aviation instructor syndrome (burnout/PTSD)
• Post-deployment fatigue or combat stress
• Medical misdiagnosis
• Command ignoring or downplaying symptoms

Commanders often assume “if you’re not missing a limb, you’re fine”—but the human body and mind are more complex.

Why Article 115 Cases Are Often Weak

Malingering is extremely difficult for the government to prove because:

• Medical conditions vary and evolve over time
• Mental health issues often lack objective biomarkers
• Symptoms may appear exaggerated due to stress—not intent
• Doctors often disagree about diagnoses
• Commanders misunderstand medical limitations
• Self-inflicted injuries may be accidental or impulsive—not avoidance
• Service members may be unaware of the severity of their symptoms

Without proof of specific intent to avoid duty, the case collapses.

Why Malingering Allegations Are Common in Florida

Florida’s military environment makes Article 115 allegations more frequent due to:

• High operational tempo at aviation and SOF units
• Burnout and chronic fatigue in aviation training pipelines
• High PTSD rates among deployed personnel
• Marine and Navy flight students under extreme performance pressure
• Frequent hurricanes affecting mental health stability
• Medical care not always matching command expectations
• Close living quarters exacerbating stress
• Leadership misunderstanding mental health symptoms

These factors often lead commands to misinterpret legitimate distress as “faking it.”

Real-World Florida Article 115 Scenarios

1. Aviation or Dive School Stress Injuries

Flight students or dive candidates report genuine issues that instructors misinterpret as avoidance.

2. PTSD Symptoms During Pre-deployment Checks

Command misidentifies panic attacks as malingering.

3. Marine Recruits at Parris Island (Florida recruits)

Medical issues dismissed as exaggeration.

4. Navy Sailor Avoiding Watch Due to Depression

Leadership sees it as avoidance, not mental health crisis.

5. Self-Inflicted Injury Under Stress

Accidents or impulsive actions misinterpreted as deliberate avoidance.

6. Chronic Pain Without MRI Evidence

Common in SOF, aviation, and shipboard units.

7. Panic Attacks Misread as “Faking”

Often exaggerated by leaders who lack medical training.

8. Broken Sleep Schedules from Duty Rotations

Fatigue mistaken for deception.

9. Miscommunication Between Medical and Command

“Light duty” interpreted differently by each side.

How Malingering Investigations Work

Investigations usually involve:

• Command interviews
• Medical records review
• Statements from supervisors
• Examination of timelines (duty vs symptoms)
• Mental health evaluations
• Witness accounts
• Digital forensics (messages/communications)

Common Investigation Mistakes We Expose

• Command misinterpreting medical conversations
• No mental health consultation before accusations
• Inexperienced or untrained medical personnel
• Ignoring environmental stressors
• Relying on biased supervisors
• Failing to rule out traumatic brain injuries
• Assuming lack of visible injury = malingering
• Overlooking depression or suicidal ideation

Defense Strategies for Article 115 Malingering Cases

1. Medical Diagnosis Defense

We present expert medical testimony proving injury or illness is real.

2. Mental Health Defense

Psychological symptoms are complex and often misunderstood by command.

3. Lack of Intent Defense

No specific intent to avoid duty = no malingering.

4. Environmental & Operational Stress Defense

Florida’s high-stress units create real mental and physical strain.

5. Miscommunication Defense

Accused misunderstood orders, profiles, or limitations—not deception.

6. Expert Testimony

Mental health professionals, orthopedic surgeons, pain specialists, and sleep experts can testify.

7. Digital Evidence Defense

Messages, emails, or logs often show the accused sought real help—not avoidance.

8. Command Bias Defense

We expose improper command influence and retaliation.

Potential Punishments for Malingering

Punishments vary based on the type of malingering:

Feigning Illness

• Confinement up to 1 year
• Bad conduct discharge
• Reduction to E 1
• Total forfeitures

Self-Inflicted Injury

• Confinement up to 5 years
• Dishonorable discharge
• Total forfeitures
• Reduction to E 1

A malingering conviction is career ending regardless of confinement.

Pro Tips for Anyone Facing Article 115 Allegations

• Do NOT admit to exaggerating symptoms.
• Do NOT talk to command or investigators without counsel.
• Do NOT minimize your symptoms—this can backfire medically and legally.
• Preserve all medical records and communications.
• Write a confidential timeline of your health history.
• Identify witnesses to your symptoms.
• Avoid discussing medical issues with peers.
• Immediately get legal counsel experienced in medical-based UCMJ cases.

➤ Protect Your Rank, Health & Career – Contact Gonzalez & Waddington

Article 115 – Frequently Asked Questions