UCMJ Article 134: Dishonorably Failing to Pay Just Debts

Being in debt is not a crime under the UCMJ, and neither is failing to pay through negligence. This Article 134 offense requires nonpayment marked by deceit, evasion, false promises, or other distinctly culpable circumstances showing deliberate nonpayment or gross indifference to one’s obligations. The maximum is a bad-conduct discharge, forfeiture of all pay and allowances, and 6 months of confinement.

A debt, a due date, and dishonorable nonpayment

The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 96.b:

1. the accused was indebted to a certain person or entity in a certain sum;
2. the debt became due and payable on or about a certain date;
3. while the debt was still due and payable, the accused dishonorably failed to pay it; and
4. under the circumstances, the conduct was prejudicial to good order and discipline in the armed forces, of a nature to bring discredit upon the armed forces, or both.

The fourth element is the terminal element drawn from 10 U.S.C. § 934.

What makes nonpayment dishonorable

“More than negligence in nonpayment is necessary” (¶ 96.c). The failure must be “characterized by deceit, evasion, false promises, or other distinctly culpable circumstances indicating a deliberate nonpayment or grossly indifferent attitude toward one’s just obligations.”

The length of nonpayment and any denial of the debt “may tend to prove” dishonor, but the court-martial “may convict only if it finds from all of the evidence that the conduct was in fact dishonorable.”

Four situations where the offense does not apply

Under ¶ 96.c:

• A defense or offset. The accused must not have had a defense, or an equivalent offset or counterclaim, “either in fact or according to the accused’s belief,” at the time alleged.
• A genuine dispute. The offense “should not be charged if there was a genuine dispute between the parties as to the facts or law relating to the debt.”
• A satisfied creditor. “The offense is not committed if the creditor or creditors involved are satisfied with the conduct of the debtor with respect to payment.”
• Mere negligence. Carelessness about paying, without the culpable circumstances above, is not enough.

Up to 6 months and a bad-conduct discharge

Under ¶ 96.d, the maximum is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Officers, checks, and related charges

For a commissioned officer, “dishonorable failure to pay a debt” is one of the Manual’s listed examples of conduct unbecoming an officer under Article 133 (¶ 90.c(3)). A check written without sufficient funds, with intent to defraud or deceive, can be charged under Article 123a. Failing or refusing to pay a debt is not larceny, because a creditor has no possessory right in any specific money of the debtor (¶ 64.c(1)(b)).

Sources

• 10 U.S.C. § 934, Article 134, General article (Cornell LII)
• Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 64.c(1)(b), ¶ 90.c(3), and ¶ 96

General information about military law, not legal advice for any individual case.