Part IV · Punitive Articles

Article 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button · MCM ¶ 40

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. Any person subject to this chapter—
(1) who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and
(2) who wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing;
shall be punished as a court-martial may direct.
(b) Elements.
(1) That the accused wore a certain insignia, decoration, badge, ribbon, device, or lapel button upon the accused’s uniform or civilian clothing;
(2) That the accused was not authorized to wear the item; and
(3) That the wearing was wrongful.
Practice Note
[Note: If applicable, add the following element]
(4) That the accused wore any of the following decorations: (Medal of Honor); (Distinguished Service Cross); (Navy Cross); (Air Force Cross); (Silver Star); (Purple Heart) (or any valor device on any personal award).
(c) Explanation .
(1) In general. Authorization of the wearing of a military insignia, decoration, badge, ribbon, device, or lapel pin is governed by Department of Defense and Service regulations. The wearing of an item is “wrongful” where it is intentional and the accused knew that the accused was not entitled to wear it.
(2) Scope of “unauthorized” wearing. The wearing of an item is not unauthorized if the circumstances reveal it to be in jest or for an innocent or legitimate purpose—for instance, as part of a costume for dramatic or other reasons, or for legitimate law enforcement activities.
(3) Wrongful. Conduct is wrongful when it is done without legal justification or excuse. Actual knowledge that the accused was not authorized to wear the item in question is required. Knowledge may be proved by circumstantial evidence.
(d) Maximum punishment.
(1) Wrongful wearing of the Medal of Honor; Distinguished Service Cross; Navy Cross; Air Force Cross; Silver Star; Purple Heart; or a valor device on any personal award. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(2) All other cases. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(e) Sample specification . In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, wrongfully, without authority, wear upon (his) (her) (uniform) (civilian clothing) (the insignia or grade of a (master sergeant of __________) (chief gunner’s mate of __________)) (Combat Infantryman Badge) (the Distinguished Service Cross) (the ribbon representing the Silver Star) (the lapel button representing the Legion of Merit) (__________).
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-40-1WEARING UNAUTHORIZED INSIGNIA, DECORATION, BADGE, RIBBON, DEVICE, OR LAPEL BUTTON
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

(1) Wearing Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, or a valor device on any personal award: BCD, TF, 1 year, E-1. (Category 1)

(2) All others: BCD, TF, 6 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully, without authority, wear upon (his) (her) (uniform) (civilian clothing) (the insignia or grade of a (master sergeant of __________) (chief gunner’s mate of __________)) (Combat Infantryman Badge) (the Distinguished Service Cross) (the ribbon representing the Silver Star) (the lapel button representing the Legion of Merit) (__________).

Elements

(1) That (state the time and place alleged), the accused wore upon (his) (her) (uniform) (civilian clothing) the (state the insignia, decoration, or badge alleged);

(2) That the accused was not authorized to wear the (state the insignia, decoration, or badge alleged); and

(3) That the wearing was wrongful.

Definitions & other instructions

Conduct is “wrongful” when it is done without legal justification or excuse. The wearing of an item is “wrongful” where it is intentional and the accused knew that (he) (she) was not entitled to wear it. Actual knowledge by the accused that (he) (she) was not authorized to wear the uniform item in question is required. Knowledge may be proved by circumstantial evidence.

(The wearing of an item is not “unauthorized” if the circumstances reveal it to be in jest or for an innocent or legitimate purpose (, for instance, as part of a costume for dramatic or other reasons, or for legitimate law enforcement activities).)

Source: Instruction 3a-40-1 · view original on jagcnet.army.mil