Part IV · Punitive Articles

Article 134. Self-injury without intent to avoid service · MCM ¶ 107

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. See paragraph 91.
(b) Elements.
(1) That the accused intentionally inflicted injury upon himself or herself;
(2) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
Practice Note
[Note: If the offense was committed in time of war or in a hostile fire pay zone, add the following element:]
(3) That the offense was committed (in time of war) (in a hostile fire pay zone).
(c) Explanation.
(1) Nature of offense. This offense differs from malingering (see paragraph 7) in that for this offense, the accused need not have harbored a design to avoid performance of any work, duty, or service which may properly or normally be expected of one in the military service. This offense is characterized by intentional self-injury under such circumstances as prejudice good order and discipline or discredit the armed forces. It is not required that the accused be unable to perform duties, or that the accused actually be absent from his or her place of duty as a result of the injury. For example, the accused may inflict the injury while on leave or pass. The circumstances and extent of injury, however, are relevant to a determination that the accused’s conduct was prejudicial to good order and discipline, or Service discrediting.
(2) How injury inflicted. The injury may be inflicted by nonviolent as well as by violent means and may be accomplished by any act or omission that produces, prolongs, or aggravates a sickness or disability. Thus, voluntary starvation that results in debility is a self-inflicted injury. Similarly, the injury may be inflicted by another at the accused’s request.
Discussion
Bona fide suicide attempts should not be charged as criminal offenses. When making a determination whether the injury by the Servicemember was a bona fide suicide attempt, the convening authority should consider factors including, but not limited to, health conditions, personal stressors, and DoD policy related to suicide prevention.
(d) Maximum punishment.
(1) Intentional self-inflicted injury. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
(2) Intentional self-inflicted injury in time of war or in a hostile fire pay zone. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required) (in a hostile fire pay zone) on or about _____ 20 __, (a time of war,) intentionally injure (himself) (herself) by __________ (nature and circumstances of injury), and that such conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).
Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.
3a-107-1SELF-INJURY WITHOUT INTENT TO AVOID SERVICE
NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

(1) In time of war or hostile fire pay zone: DD, TF, 5 years, E-1. (Criteria)

(2) Otherwise: DD, TF, 2 years, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location) (in a hostile fire pay zone), on or about __________, (a time of war) intentionally injure (himself) (herself) by __________(nature and circumstances of injury), and that such conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).

Elements

(1) That (state the time and place alleged), the accused intentionally inflicted injury upon (himself) (herself) by (state the manner alleged); (and)

(2) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces); [and]

NOTE 2. Aggravating factors alleged. If the offense was committed in time of war or in a hostile fire pay zone, add the following element:

[(3) That the offense was committed (in time of war) (in a hostile fire pay zone).]

Definitions & other instructions

“Intentionally” means the act was done willfully or on purpose.

“Inflict” means to cause, allow, or impose. The injury may be inflicted by nonviolent as well as violent means and may be accomplished by any act or omission that produces, prolongs, or aggravates a sickness or disability. (Thus, voluntary starvation that results in a disability is a self-inflicted injury.) (Similarly, the injury may be inflicted by another at the accused’s request.)

It is not required that the accused be unable to perform duties, or that the accused actually be absent from his or her place of duty as a result of the injury. The circumstances and extent of injury, however, are relevant to a determination that the accused's conduct was (prejudicial to good order and discipline) (or) (service discrediting).

(“Conduct prejudicial to good order and discipline” is conduct that causes a reasonably direct and obvious injury to good order and discipline.)

(“Service discrediting conduct” is conduct which tends to harm the reputation of the service or lower it in public esteem.)

NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.
NOTE 4. Conduct pled as both prejudicial to good order and discipline and service discrediting. When the conduct is pled as both prejudicial to good order and discipline and service discrediting, the following instruction should be given:

The government has alleged that the conduct in question in (The) Specification (___) of (The) (Additional) Charge (___) was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. To convict the accused of the offense charged, you must be convinced beyond a reasonable doubt of all the elements, including that the accused’s conduct was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. If you are convinced of all the elements except the element of the service discrediting nature of the conduct, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “of a nature to bring discredit upon the armed forces.” On the other hand, if you are convinced of all the elements except the element of prejudice to good order and discipline in the armed forces, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “to the prejudice of good order and discipline in the armed forces.” Of course, if you are convinced beyond a reasonable doubt that the conduct in question was both to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces, then you may convict the accused as charged provided you are convinced beyond a reasonable doubt as to the other elements of (The) Specification (___) of (The) (Additional) Charge (___).

Source: Instruction 3a-107-1 · view original on jagcnet.army.mil