UCMJ Article 106a: Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button
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Article 106a punishes knowingly wearing an insignia, decoration, badge, ribbon, device, or lapel button one is not authorized to wear, on a uniform or on civilian clothing. The maximum is a bad-conduct discharge and 1 year for the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, or any valor device, and a bad-conduct discharge and 6 months for anything else. An honest mistake about entitlement is a defense, because actual knowledge is required.
Unauthorized wear, on uniform or civilian clothing
Under 10 U.S.C. § 906a, a person subject to the UCMJ commits the offense who “is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button” and “wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing.”
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 40.b, lists three elements: the accused wore the item on a uniform or civilian clothing; the accused was not authorized to wear it; and the wearing was wrongful. When the item is one of the listed valor decorations, that becomes a fourth element.
The article was added by the Military Justice Act of 2016 (Pub. L. 114-328, § 5418). Before January 1, 2019, “Article 106a” was espionage, now Article 103a, and wearing unauthorized insignia was charged under Article 134.
Authorization, wrongfulness, and knowledge
Under ¶ 40.c:
- Who is authorized is governed by Department of Defense and service regulations.
- Wrongful means intentional, with knowledge that the accused was not entitled to wear the item. “Actual knowledge that the accused was not authorized to wear the item in question is required,” and it may be proved by circumstantial evidence. A member who honestly but mistakenly believed an award had been approved lacks that knowledge.
- Not unauthorized at all: wearing an item “in jest or for an innocent or legitimate purpose,” such as part of a costume for dramatic or other reasons, or for legitimate law enforcement activities.
Civilian clothing is covered as well as uniforms, so a lapel pin on a suit falls within the statute.
1 year for the listed valor awards, 6 months for anything else
From ¶ 40.d:
| Item worn | Maximum |
|---|---|
| Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, or a valor device on any personal award | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| Any other insignia, decoration, badge, ribbon, device, or lapel button | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
When the uniform becomes impersonation
Wearing the insignia of a higher rank as part of posing as an officer or noncommissioned officer can be impersonation under Article 106, which carries 3 years when done with intent to defraud. Claiming an award in an official record or statement can be a false official statement under Article 107.
Sources
- 10 U.S.C. § 906a, Article 106a, Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 40
General information about military law, not legal advice for any individual case.