Article 101 — Improper use of countersign

Part IV · Punitive Articles

Article 101. Improper use of countersign · MCM ¶ 29

2024 Manual for Courts-Martial, United States

(a) Text of statute. Any person subject to this chapter who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished by death or such other punishment as a court-martial may direct.

(b) Elements.

(1) Disclosing the parole or countersign to one not entitled to receive it.

(a) That, in time of war, the accused disclosed the parole or countersign to a person, identified or unidentified; and

(b) That this person was not entitled to receive it.

(2) Giving a parole or countersign different from that authorized.

(a) That, in time of war, the accused knew that the accused was authorized and required to give a certain parole or countersign; and

(b) That the accused gave to a person entitled to receive and use this parole or countersign a different parole or countersign from that which the accused was authorized and required to give.

(1) Countersign. A countersign is a word, signal, or procedure given from the principal headquarters of a command to aid guards and sentinels in their scrutiny of persons who apply to pass the lines. It consists of a secret challenge and a password, signal, or procedure.

(2) Parole. A parole is a word used as a check on the countersign; it is given only to those who are entitled to inspect guards and to commanders of guards.

(3) Who may receive countersign. The class of persons entitled to receive the countersign or parole will expand and contract under the varying circumstances of war. Who these persons are will be determined largely, in any particular case, by the general or special orders under which the accused was acting. Before disclosing such a word, a person subject to military law must determine at that person’s peril that the recipient is a person authorized to receive it.

(4) Intent, motive, negligence, mistake, ignorance not defense. The accused’s intent or motive in disclosing the countersign or parole is immaterial to the issue of guilt, as is the fact that the disclosure was negligent or inadvertent. It is no defense that the accused did not know that the person to whom the countersign or parole was given was not entitled to receive it.

(5) How accused received countersign or parole. It is immaterial whether the accused had received the countersign or parole in the regular course of duty or whether it was obtained in some other way.

(6) In time of war. See R.C.M. 103(21).

(d) Maximum punishment. Death or such other punishment as a court-martial may direct.

(e) Sample specifications.

(1) Disclosing the parole or countersign to one not entitled to receive it. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, disclose the (parole) (countersign), to wit: __________, to __________, a person who was not entitled to receive it.

(2) Giving a parole or countersign different from that authorized. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, give to __________, a person entitled to receive and use the (parole) (countersign), a (parole) (countersign), namely: __________ which was different from that which, to (his) (her) knowledge, (he) (she) was authorized and required to give, to wit: __________.

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.

NOTE. 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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, a time of war, disclose the (parole) (countersign), to wit: __________, to __________, a person who was not entitled to receive it.

Elements

(1) That, in time of war, (state the time and place alleged), the accused disclosed the parole or countersign, namely (state the parole or countersign allegedly disclosed) to (state the name or describe the recipient alleged if known; if not known state “an unknown individual”); and

(2) That (state the name or description of the recipient alleged) was not entitled to receive this parole or countersign.

Definitions & other instructions

A “countersign” is a word, signal, or procedure given from the headquarters of a command to aid guards and sentinels in their scrutiny of persons who seek to pass the lines. It consists of a secret challenge and a password, signal, or procedure.

A “parole” is a word used as a check on the countersign; it is made known only to those who are entitled to inspect guards and to commanders of guards.

Source: Instruction 3a-29-1 · view original on jagcnet.army.mil

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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, a time of war, give to __________, a person entitled to receive and use the (parole) (countersign), a (parole) (countersign), namely: __________ which was different from that which, to (his) (her) knowledge, (he) (she) was authorized and required to give, to wit: __________.

Elements

(1) That, in time of war, the accused knew that (he) (she) was authorized and required to give a certain parole or countersign, namely: (state the parole or countersign allegedly authorized and required);

(2) That (state the name of the recipient alleged) was a person entitled to receive and use this parole or countersign; and

(3) That (state the time and place alleged), the accused gave to (state the name of the recipient alleged) a parole or countersign namely, (state the parole or countersign actually given), which was different from the parole or countersign which (he) (she) was authorized and required to give.

Definitions & other instructions

A “parole” is a word used as a check on the countersign; it is made known only to those who are entitled to inspect guards and to commanders of guards.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.

Source: Instruction 3a-29-2 · view original on jagcnet.army.mil