UCMJ Article 108: Military Property of the United States: Loss, Damage, Destruction, or Wrongful Disposition
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Article 108 punishes selling or disposing of military property without authority, and damaging, destroying, losing, or allowing harm to it, willfully or through neglect. The maximum depends on the act, the state of mind, and a $1,000 line: from 6 months for a negligent loss of $1,000 or less, to a dishonorable discharge and 10 years for a willful loss or wrongful sale above $1,000 or of any firearm or explosive.
Three ways to violate § 908
Under 10 U.S.C. § 908, a person subject to the UCMJ commits the offense who, “without proper authority,” sells or otherwise disposes of; willfully or through neglect damages, destroys, or loses; or willfully or through neglect “suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of” any military property of the United States.
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 43.b, sets out three offenses with matching elements: selling or otherwise disposing; damaging, destroying, or losing; and suffering the property to be lost, damaged, destroyed, sold, or wrongfully disposed of through an omission of duty.
What is “military property”
“Military property is all property, real or personal, owned, held, or used by one of the armed forces of the United States” (¶ 43.c(1)). The Manual stresses that it is a term of art: all military property is government property, but not all government property is military property. Retail merchandise of service exchange stores is not military property under this article.
It does not matter whether the property had been issued to the accused, to someone else, or to anyone. But if items of individual issue are shown to have been issued to the accused, it “may be inferred, depending on all the evidence, that the damage, destruction, or loss proved was due to the neglect of the accused.” The member who signed for the equipment starts with that inference against them.
What “suffering” covers
“To suffer” means to allow or permit. The Manual’s examples of willful or negligent sufferance include deliberately violating or disregarding a specific law, regulation, or order; reckless or unwarranted personal use of the property; leaving it exposed to the weather, insecurely housed, or unguarded; letting others consume, waste, or injure it; and lending it to a person known to be irresponsible who then damages it (¶ 43.c(2)).
Value or damage: which number counts
The $1,000 line is measured differently depending on the harm (¶ 43.c(3)):
- For loss, destruction, sale, or wrongful disposition, the value of the property controls.
- For damage, the amount of damage controls. As a general rule, that is the estimated or actual cost of repair by the government agency normally doing such work, or the cost of replacement, whichever is less.
For example, a $5,000 radio with $400 of damage is a $400 damage case. For the firearm-or-explosive tiers, “explosive” includes ammunition (¶ 43.c(4)).
Article 108 maximums by act, intent, and value
From ¶ 43.d:
| Offense | $1,000 or less | More than $1,000, or any firearm or explosive |
|---|---|---|
| Selling or otherwise disposing without authority | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
| Through neglect damaging, destroying, losing, or suffering | 6 months; forfeiture of two-thirds pay per month for 6 months | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| Willfully damaging, destroying, losing, or suffering | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
In the neglect row, the higher tier turns only on value or damage over $1,000; the “any firearm or explosive” trigger applies to sales and willful offenses. Losing a rifle through neglect is therefore capped at 6 months if the rifle is valued at $1,000 or less.
Theft, civilian property, and captured property
Taking military property with intent to deprive or appropriate is larceny or wrongful appropriation under Article 121, where military property over $1,000 or any military firearm carries 10 years. Damaging or destroying property that is not military property is Article 109. Captured or abandoned property is Article 108a.
Sources
- 10 U.S.C. § 908, Article 108, Military property of United States: loss, damage, destruction, or wrongful disposition (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 43
General information about military law, not legal advice for any individual case.