CAAF Opinion Digest · III.A.32 · Crimes Pre-2019 offenses

Article 108 - Military Property of the U.S.-Sale, Loss, Damage, Destruction, or Wrongful Disposition

At the court
Offenses committed before 1 January 2019 (pre-2016 amendment) — opinions from the 1999 through 2020 Terms of Court.
2 digested opinions, 2002–2006 Terms
2006
United States v. Aleman, 62 M.J. 281 · decided Jan 20, 2006 · No. 05-0288/AR
  1. Article 108(3), UCMJ, provides for the trial by court-martial of a person who, without proper authority willfully or through neglect suffers to be lost, damaged, sold, or wrongfully disposed of any US military property; in this context, suffers means to allow or permit; the five elements of the offense are: (1) that certain property was sold; (2) that the property was military property of the United States; (3) that the sale was suffered by the accused, without proper authority, through a certain omission of duty by the accused; (4) that the omission was willful or negligent; and (5) that the property was of a certain value; the reference to omission in the third and fourth elements is significant because the prosecution must prove a duty and the failure to do the duty
2002
United States v. Daniels, 56 M.J. 365 · decided Mar 15, 2002 · No. 01-0607/AF
  1. a physical breaking of the property need not always be shown in order for there to be sufficient evidence that military property was actually damaged, as required by Article 108, UCMJ
  2. the word "damage" must be reasonably construed to mean any change in the condition of the property which impairs its operational readiness
  3. there was ample evidence that the removal of airplane window screws before or during the flight of the plane led to its failure to pressurize and required the commander to terminate the military mission of the plane; this was legally sufficient evidence to support a conviction under Article 108, UCMJ
  4. a rational trier of fact could have concluded beyond a reasonable doubt that it was appellant who damaged the aircraft by removing the screws from the airplane window where: (1) there was evidence that the inspection window was secure some forty-five minutes prior to the flight; (2) appellant was on the aircraft during the period directly prior to takeoff, and he indicated to Sergeant Wallace that he would check the latrine for stowaways; (3) appellant admitted that he "found" the screws that should have secured the windows; and (4) he made inconsistent statements to the flight crew and the OSI as to what he then did with them
  5. there is no legal requirement that the Government prove beyond a reasonable doubt that appellant had a motive to wrongfully damage military property in order to secure a conviction of this offense
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIA32 · Always confirm a holding against the opinion itself (linked from each case name).

A. Crimes
Pre-2019 offenses
Generally (4) Article 77 - Principals (8) Article 79 - Conviction of Lesser Included Offenses (11) Article 80 - Attempts (15) Article 81 - Conspiracy (14) Article 83 - Fraudulent Enlistment, Appointment, or Separation (2) Article 85 - Desertion (1) Article 86 - Absence without Leave (5) Article 87 -- Missing Movement (1) Article 89 - Disrespect Toward a Superior Commissioned Officer (1) Article 90 - Assaulting or Willfully Disobeying Superior Commissioned Officer (6) Article 91 - Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer (2) Article 92 - Failure to Obey Order or Regulation (21) Article 93 - Cruelty and Maltreatment (9) Article 95 - Resistance, Flight, Breach of Arrest, and Escape (6) Article 104 - Aiding the Enemy (1) Article 107 - False Official Statements (10) Article 108 - Military Property of the U.S.-Sale, Loss, Damage, Destruction, or Wrongful Disposition (2) Article 110 - Improper Hazarding of Vessel (1) Article 111 - Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel (1) Art. 112a -- Wrongful Use, Possession, etc, of Controlled Substances (17) Article 117 - Provoking Speeches or Gestures (2) Article 118 - Murder (9) Article 119 - Manslaughter (7) Article 120 - Rape and Carnal Knowledge (13) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (3) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (6) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120b - Rape and Sexual Assault Generally (3) Article 120 - Rape and Sexual Assault Generally (2) Article 120 - Rape and Sexual Assault Generally (6) Article 120 - Rape and Sexual Assault Generally (4) Article 120a - Stalking (1) Article 120b - Rape and Sexual Assault of a Child (2) Article 120b - Rape and Sexual Assault of a Child (3) Article 120c - Other Sexual Misconduct (2) Article 121 - Larceny and Wrongful Appropriation (15) Article 122 - Robbery (1) Article 123 - Forgery (2) Article 123a - Making, Drawing, or Uttering Check, Draft, or Order without Sufficient Funds (1) Article 125 - Sodomy (11) Article 127 - Extortion (1) Article 128 - Assault (18) Article 129 - Burglary (1) Article 130 - Housebreaking (5) Article 133 - Conduct Unbecoming an Officer and Gentleman (12) Article 134 - General Article (29) Article 134 - Adultery (4) Article 134 -- Assault, Indecent (5) Article 134 -- Bribery and Graft (2) Article 134 -- Check, Worthless, Making and Uttering -- by Dishonorably Failing to Maintain Funds (1) Article 134 -- Child Endangerment (para 68a, MCM) (3) Article 134 -- Child Pornography (para 68b, MCM, *** Post-2012 Amendment) (5) Article 134 -- Debt, Dishonorably Failing to Pay (1) Article 134 -- Disloyal Statements (1) Article 134 -- False Swearing (1) Article 134 -- Firearm, Discharging – Willfully under such Circumstancesas to Endanger Human Life (1) Article 134 -- Fraternization (1) Article 134 -- Gambling with Subordinate (1) Article 134 -- Negligent Homicide (3) Article 134 - Indecent Acts or Liberties with a Child (9) Article 134 - Indecent Exposure (3) Article 134 - Indecent Language (2) Article 134 -- Indecent Acts with Another (9) Article 134 -- Kidnapping (3) Article 134 -- Mail-Taking, Opening, Secreting, Destroying, or Stealing (1) Article 134 - Mails --Depositing or Causing to be Deposited Obscene Matters in (1) Article 134 - Misprision of Serious Offense (1) Art. 134 - Obstructing Justice (7) Art. 134 - Pandering and Prostitution (1) Article 134 -- Reckless Endangerment (para 100a, MCM) (2) Article 134 – Restriction, Breaking (1) Article 134 -- Self-injury without Intent to Avoid Service (para 103a, MCM) (1) Article 134 - Soliciting Another to Commit an Offense (4) Article 134 - Stolen Property-Knowingly Receiving, Buying, Concealing (1) Article 134 - Threat, Communicating (3) Article 134 - Unlawful Entry (1) Article 134 - Weapon, Concealed and Carrying (1) Art. 134 - Miscellaneous -- Clause 1, Clause 2, or Clause 3 (56)
Full outline