UCMJ Article 131: Perjury
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Perjury under Article 131 is willfully and corruptly giving false, material testimony under a lawful oath, or signing a false, material statement under penalty of perjury, in a judicial proceeding or course of justice such as a court-martial or an Article 32 preliminary hearing. The maximum is a dishonorable discharge, forfeiture of all pay and allowances, and 5 years. Proving that the statement was false is subject to special corroboration rules.
Text of Article 131
Under 10 U.S.C. § 931, a person subject to the UCMJ commits perjury who, “in a judicial proceeding or in a course of justice willfully and corruptly,” either gives false testimony “upon a lawful oath or in any form allowed by law to be substituted for an oath,” or, “in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, subscribes any false statement.” In both forms the falsehood must be “material to the issue or matter of inquiry.”
Elements of each form
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 81.b:
| Giving false testimony | Subscribing a false statement |
|---|---|
| Took an oath or affirmation in a judicial proceeding or course of justice | Subscribed a statement in a judicial proceeding or course of justice |
| The oath was required or authorized by law | In a declaration, certificate, verification, or statement under penalty of perjury, declared its truth |
| It was administered by a person with authority | Subscribed it willfully |
| Willfully gave the testimony | |
| The testimony was material | The statement was material |
| It was false | It was false |
| The accused did not then believe it to be true | The accused did not then believe it to be true |
A judicial proceeding includes a court-martial, and a course of justice includes an Article 32 preliminary hearing. Perjury before a court-martial requires proof that the court-martial was duly constituted (¶ 81.c(1)).
What can be perjury
Paragraph 81.c(2)(a)-(b) widens the offense beyond a flat lie about a fact:
- A witness can commit perjury by swearing to the truth of something “when in fact the witness knows nothing about it at all or is not sure about it,” whether or not it turns out to be true.
- False testimony about “a belief, remembrance, or impression, or as to a judgment or opinion” can be perjury.
- It is no defense that the witness appeared voluntarily, was incompetent as a witness, or could have declined to answer the question.
- The false testimony must concern a material matter, but that matter “need not be the main issue in the case.” False testimony about the credibility of a material witness, or in an affidavit supporting a request for a continuance, can qualify.
A statement under 28 U.S.C. § 1746 does not need to be sworn before anyone, but it must be signed in a judicial proceeding or course of justice. The Manual’s example is a witness who signs, under penalty of perjury, a summary of testimony given at an Article 32 hearing (¶ 81.c(3)).
Proving the statement false
Perjury carries its own proof rules (¶ 81.c(2)(c), (e)):
- No circumstantial case alone. Falsity “cannot be proved by circumstantial evidence alone,” except for matters that by their nature cannot be proved directly.
- One witness needs corroboration. Falsity cannot rest on a single witness unless that witness directly contradicts the statement and is corroborated by other evidence tending to prove falsity.
- Two document exceptions. A document that directly disproves the statement needs no corroboration if it is an official record shown to have been well known to the accused when the oath was taken, or if it came from the accused, or was recognized by the accused as true, before the statement was made.
- Belief is easier to prove. That the accused did not believe the statement may be shown by one uncorroborated witness or by circumstantial evidence.
Perjury maximum under ¶ 81.d
Under ¶ 81.d, the maximum is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Subornation, false statements, and obstruction
The person who induces and procures someone else’s perjury commits subornation of perjury under Article 131a. A false statement made outside a judicial proceeding or course of justice, without materiality or a lawful oath, may instead be a false official statement or false swearing under Article 107. False testimony meant to impede a case can also support obstructing justice under Article 131b.
Sources
- 10 U.S.C. § 931, Article 131, Perjury (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 81
General information about military law, not legal advice for any individual case.