Article 121 UCMJ – Larceny & Fraud – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 121 of the Uniform Code of Military Justice criminalizes larceny (theft), wron­gful appropriation, and fraudulent acquisition of property or money. It covers digital theft, BAH fraud, credit card misuse, barracks theft, property disputes, and a wide range of financial misunderstandings. Because Article 121 is extremely broad, it is one of the most commonly abused—and commonly misunderstood—charges in the military.

Many Article 121 cases involve nothing more than administrative errors, roommate conflicts, breakups, relationship disputes, jealousy, miscommunication, or finance office mistakes. But commands often overreact and pursue criminal charges even when the evidence is weak. This is especially true in places like Florida, where large populations of young service members, roommates, domestics partnerships, and transient living conditions make property disputes extremely common.

Gonzalez & Waddington, Attorneys at Law defends service members around the world in high-stakes Article 121 cases. We are especially active in Florida at NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt, Tyndall, Patrick SFB, MacDill AFB, Homestead ARB, NSA Panama City, NAS Key West, and all U.S. Coast Guard sectors.

➤ Request a Confidential Article 121 Defense Consultation

What Is Article 121 UCMJ?

Article 121 criminalizes two primary categories of misconduct:

• Larceny – Wrongfully taking property with the intent to permanently deprive the owner
• Wrongful appropriation – Taking property temporarily without permission

Most people think Article 121 only applies to stealing physical items, but the statute is much broader. It applies to money, BAH funds, allowances, travel entitlements, electronic transfers, contractor property, stored-value cards, vehicles, military gear, and digital property.

The government must prove intent, but they often assume intent without evidence—making many Article 121 charges weak and defensible.

Elements of Article 121

Larceny – Elements

• The accused wrongfully took, obtained, or withheld property
• The property belonged to another person or entity
• The accused intended to permanently deprive the owner
• The value of the property can impact the punishment

Wrongful Appropriation – Elements

• The accused wrongfully took or used property
• The property belonged to another
• The accused intended only a temporary use

Intent is the key factor in Article 121 cases. If prosecutors cannot prove intent, the case collapses.

Property Covered by Article 121

Article 121 covers nearly everything of value:

• Basic Allowance for Housing (BAH)
• Overseas Housing Allowance (OHA)
• Travel voucher funds
• PCS entitlements
• Pay and allowances
• Government Travel Card (GTC) charges
• Electronics, laptops, gaming consoles
• Barracks property disputes
• Vehicles and military equipment
• Digital assets and account access

This makes Article 121 one of the most widely charged offenses in all branches.

Maximum Punishments Under Article 121

Punishments depend on:

• The value of the property
• Whether the offense was larceny or appropriation
• Whether fraud or deception was used
• Whether the theft was from the government or a person

Maximum Penalties Include:

• Dishonorable discharge
• Bad-conduct discharge
• Confinement up to 10 years
• Total forfeitures
• Reduction to E-1

Even small-value larceny (under $1,000) can still lead to separation, NJP punishment, or loss of clearance.

Why Article 121 Allegations Are Very Common in Florida

Florida produces a massive number of military larceny and fraud allegations due to:

• High cost of living leading to housing disputes
• Roommate and barracks conflicts in Pensacola, Jacksonville & Key West
• BAH paperwork mistakes by PSD/S-1 offices
• Breakups and divorces leading to false claims of “theft”
• Florida spouses reporting service members for revenge
• Finance errors mistaken for fraud
• Shared barracks/storage spaces creating “constructive possession” claims
• Cutter deployments complicating Coast Guard entitlements

Most Article 121 accusations in Florida involve administrative mistakes, relationship retaliation, or roommate conflicts—not intentional theft.

Common Real-World Article 121 Scenarios

1. Roommate / Barracks Property Disputes

• Misunderstood borrowing of property
• Shared rooms creating confusion
• Items left behind after PCS
• Accusers claiming theft after arguments

2. BAH Fraud (the most common)

• Dependent lives in another state
• Incorrect BAH location on paperwork
• PSD or finance office errors
• Florida spouse makes a revenge complaint
• Delayed divorce/separation confusion

3. Travel Voucher (DTS) Issues

• Incorrect receipts
• Misunderstood lodging rules
• Incomplete documentation

4. GTC Misuse

• Accidental use during PCS or TDY
• Incorrect split payment settings

5. Domestic Violence & Breakups

• Partner falsely claims stolen property
• Accuser hides property and blames the service member

6. Lost or Misplaced Gear

• Gear temporarily loaned out
• Unreturned equipment blamed on the wrong person

7. Identity Misunderstanding

• Other individuals using the accused’s digital accounts

8. Coast Guard-Specific Issues

• Per diem and cutter-away allowances
• Shared shipboard property

How Article 121 Investigations Work

Investigations are typically handled by:

• NCIS (Navy/Marines)
• OSI (Air Force/Space Force)
• CID (Army)
• CGIS (Coast Guard)
• Civilian police (common for domestic disputes)

Common Investigation Failures

• Misinterpreting administrative errors as fraud
• Not verifying financial documentation
• Relying solely on angry partner accusations
• Failing to understand PCS paperwork
• Not interviewing witnesses
• Missing digital evidence that disproves intent

We expose these investigative errors at trial and in administrative proceedings.

How Gonzalez & Waddington Defends Article 121 Cases

Our defense strategy focuses on dismantling the government’s claim of intent and exposing fraudulent accusations, administrative mistakes, and weak evidence. Key defense angles include:

1. Lack of Intent

• Misunderstanding, not theft
• Accidental possession
• Finance office errors
• Unclear PCS or housing instructions

2. Administrative Failure Defense

• PSD or S-1 entered incorrect data
• Finance miscalculated entitlements
• Dependent location not updated due to command delay

3. Relationship-Driven False Allegations

• Breakups, jealousy, custody disputes
• Partner claiming stolen property out of spite

4. Roommate Defense

• No proof connecting the accused to the property
• Shared access areas

5. Digital Forensics

• Receipts, emails, and transaction logs
• Device evidence showing no intent
• GPS or messaging proving innocence

6. Florida-Specific Strategies

• BAH disputes due to high travel distance or split households
• Coast Guard cutter allowances confusion
• Roommate disputes common in Pensacola/Jacksonville

Pro Tips for Anyone Accused of Article 121 Offenses

• Do NOT talk to investigators.
• Do NOT delete digital evidence.
• Save all receipts, emails, and paperwork.
• Document your dependent location history immediately.
• Request your full finance record from DFAS/PSD.
• Gather witnesses who know your property-handling behavior.
• Never try to “explain” to your command.
• Hire a civilian defense lawyer early.

➤ Speak With an Article 121 Defense Attorney Today

Article 121 UCMJ – Frequently Asked Questions