Article 123 UCMJ – Forgery – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 123 of the Uniform Code of Military Justice criminalizes forgery—the creation, alteration, signing, or use of a writing or document with intent to defraud. This offense often overlaps with military financial crimes, BAH fraud investigations, false claims, altered records, identity misuse, or digital document manipulation.

Forgery cases in the military frequently involve marriage certificates, housing leases, receipts, signatures, travel vouchers, sick chits, LES documents, dependent paperwork, emails, text messages, medical slips, and digital files. Many Article 123 accusations involve misunderstandings, administrative errors, incorrect paperwork processed by PSD/S-1, or assumptions made by investigators unfamiliar with digital documents.

Florida installations—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick SFB, MacDill AFB, NSA Panama City, and Coast Guard Sectors Miami, Key West, and Jacksonville—see a high volume of forgery allegations related to dependent documentation, BAH claims, rental contracts, and falsified training certificates.

Gonzalez & Waddington is a globally recognized military defense firm experienced in defending complex financial, administrative, and document-based UCMJ offenses. We expose weak evidence, administrative errors, flawed investigations, PSD/S-1 mistakes, misunderstandings, and total lack of fraudulent intent.

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What Article 123 Criminalizes

The statute prohibits two primary categories:

• Forgery of signatures, documents, or writings (creating or altering a document to defraud)
• Uttering a forged document (using, presenting, or submitting a forged document)

Article 123 includes both traditional handwritten forgery and digital forgery, such as:

• Photoshopped documents
• False digital signatures
• Altered PDFs
• Edited screenshots
• Manipulated email threads
• Fake text message logs
• Altered receipts or invoices

Many cases involve PSD/S-1 errors or innocent attempts to correct paperwork, which investigators misinterpret as “forgery.”

Elements the Government Must Prove

To convict a service member of forgery, the prosecution must prove:

1. The Accused Made or Altered a Writing

Any document—paper or digital—counts.

2. The Writing Had Legal Significance

It must affect rights, obligations, payments, or official actions.

3. The Writing Was False or Fraudulent

The document must be intentionally deceptive—not merely incorrect.

4. The Accused Intended to Defraud

This is the MOST important element. No intent = no crime.

Maximum Punishments Under Article 123

Forgery is a serious felony under military law. Penalties may include:

• Dishonorable discharge
• Confinement up to 5 years (per specification)
• Total forfeitures of pay and allowances
• Reduction to E-1
• Loss of retirement eligibility
• Loss of clearance and credentials

Even minor paperwork mistakes can escalate into felony charges if investigators believe they were intentional.

Why Article 123 Allegations Are Common in Florida

Florida produces numerous forgery allegations due to:

• BAH claims involving dual households
• Housing documentation issues in high-cost Florida markets
• Dependent paperwork confusion (especially during divorce)
• Training certificate disputes in Pensacola and Whiting
• Online rental scams creating false records
• Civilian landlords filing false complaints
• PSD/S-1 errors misinterpreted as fraud
• Relationship-driven false accusations
• Altered screenshots used as “evidence”

Most cases arise from confusion, administrative failure, and miscommunication, not criminal intent.

Common Real-World Article 123 Scenarios

1. Altered or Corrected Receipts

Service members adjust a receipt for readability, total amount, or formatting—and command calls it “forgery.”

2. PSD/S-1 Errors

Administrators incorrectly enter data, but blame the service member.

3. Digital Signature Confusion

DocuSign, Adobe signatures, and digital stamping are often misunderstood by investigators.

4. Email Manipulation Allegations

Forwarding or screenshotting emails that appear “edited” even when they are not.

5. BAH Fraud Accusations

• Questionable marriage certificates
• Lease discrepancies
• Dependent location confusion

6. Travel Voucher Issues

Incorrect receipts or adjustments made after the fact.

7. Training Certificates or Qualification Forms

Instructors or students accused of altering dates or signatures.

8. Former Spouses Modifying Screenshots

Common in domestic disputes—finger pointing at the service member.

9. Accidental File Editing

Opening a PDF and saving it unintentionally alters metadata.

How Article 123 Investigations Work

Forgery investigations involve:

• NCIS (Navy/Marines)
• OSI (Air Force/Space Force)
• CID (Army)
• CGIS (Coast Guard)
• DFAS auditors
• PSD/S-1 staff

Frequent Investigative Weaknesses

• No forensic document expert involved
• Assumptions made based on appearance, not science
• Failure to prove who altered the document
• No proof of intent to defraud
• Administrative errors blamed on the accused
• Misinterpretation of metadata timestamps
• Missing chain of custody for digital files

Most 123 cases fall apart once a forensic document examiner reviews the evidence.

Defense Strategies for Article 123 Cases

1. Attack the “Intent to Defraud” Element

No criminal intent = no forgery.

2. Prove Administrative Error

PSD/S-1 mistakes or DFAS errors often create false suspicion.

3. Challenge Digital Evidence

• Altered metadata does not prove forgery
• PDF formatting errors are common
• Copy-paste artifacts look “fake” but are innocent

4. Use Forensic Document Experts

Signature analysis, metadata verification, and comparison reveal truth.

5. Florida-Specific Defense Strategies

• Rental scams producing false documents
• Landlord disputes leading to criminal allegations
• Custody battles and domestic disputes weaponizing documents

6. Prove The Accused Was Not the Author

Roommates, spouses, and ex-partners often create or alter documents.

7. Show the Document Had No Legal Effect

If the writing cannot affect rights or obligations, it is not forgery.

Pro Tips for Anyone Accused Under Article 123

• Do NOT talk to investigators.
• Preserve all original documents and digital files.
• Do not delete emails or texts.
• Obtain all PSD/S-1 records immediately.
• Document who had access to your devices.
• Get a forensic document expert early.
• Do not engage in conversations about the case with coworkers.
• Hire a civilian attorney immediately.

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Article 123 UCMJ – Frequently Asked Questions

Final Takeaways

Most Article 123 forgery cases arise from misunderstandings, administrative mistakes, or unfair assumptions—not criminal intent. When examined with forensic precision, digital expertise, and experienced trial strategy, these cases can often be dismissed or significantly reduced.

Your silence protects you.
Your lawyer defends you.
Your strategy preserves your career.

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