Part IV · Punitive Articles
Article 107a. Parole violation · MCM ¶ 42
2024 Manual for Courts-Martial, United States
See all changes(a) Text of statute. Any person subject to this chapter—
(1) who, having been a prisoner as the result of a court-martial conviction or other criminal proceeding, is on parole with conditions; and
(2) who violates the conditions of parole; shall be punished as a court-martial may direct .
(b) Elements.
(1) That the accused was a prisoner as the result of a court-martial conviction or other criminal proceeding;
(2) That the accused was on parole;
(3) That there were certain conditions of parole that the parolee was bound to obey; and
(4) That the accused violated the conditions of parole by doing an act or failing to do an act.
(c) Explanation .
(1) “Prisoner” refers only to those in confinement resulting from conviction at a court-martial or other criminal proceeding.
(2) “Parole” is defined as “word of honor.” A prisoner on parole, or parolee, has agreed to adhere to a parole plan and conditions of parole. A parole plan is a written or oral agreement made by the prisoner prior to parole to do or refrain from doing certain acts or activities. A parole plan may include a residence requirement stating where and with whom a parolee will live, and a requirement that the prisoner have an offer of guaranteed employment. Conditions of parole include the parole plan and other reasonable and appropriate conditions of parole, such as paying restitution, beginning or continuing treatment for alcohol or drug abuse, or paying a fine ordered executed as part of the prisoner’s court-martial sentence. In return for giving his or her word of honor to abide by a parole plan and conditions of parole, the prisoner is granted parole.
(d) Maximum punishment. Bad-conduct discharge, confinement for 6 months, and forfeiture of two-thirds pay per month for 6 months.
(e) Sample specification . In that __________ (personal jurisdiction data), a prisoner on parole, did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, violate the conditions of (his) (her) parole by __________.
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-42-1 · PAROLE—VIOLATION OF
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
BCD, 2/3 x 6 months, 6 months, E-1. (Category 1)
Sample specification
In that __________ (personal jurisdiction data), a prisoner on parole, did, (at/on board - location), on or about __________, violate the conditions of (his) (her) parole by __________.
Elements
(1) That the accused had been a prisoner as the result of a court-martial conviction or other criminal proceeding;
(2) That the accused was on parole;
(3) That there were certain conditions of parole that the accused was bound to obey; and
(4) That (state the time and place alleged), the accused violated the conditions of parole by (state the act or failure to act alleged as a violation of parole).
Definitions & other instructions
“Prisoner” refers only to those in confinement resulting from conviction at a court-martial or other criminal proceeding.
“Parole” is defined as “word of honor.” A prisoner on parole, or parolee, has agreed to adhere to a parole plan and conditions of parole. A “parole plan” is a written or an oral agreement made by the prisoner prior to parole to do or refrain from doing certain acts or activities.
“Conditions of parole” include the parole plan and other reasonable and appropriate conditions of parole. In return for giving (his) (her) “word of honor” to abide by a parole plan and conditions of parole, the prisoner is granted parole.
NOTE 2. Evidence of underlying conviction-limiting instruction. It is neither necessary nor permissible to prove the offense for which the accused was paroled. Proof of simply the conviction and the parole agreement is ordinarily sufficient. When evidence is introduced to establish the conviction which gives rise to the parole, the evidence should not disclose the offense for which the accused was convicted. The below instruction should be given.
The (court-martial promulgating order) (stipulation) (record of conviction) (testimony of __________) (__________) was admitted into evidence solely for the purpose of its tendency, if any, to show that the accused was convicted and on parole. You must disregard any evidence of possible misconduct which may have resulted in the accused’s conviction or parole and you should not speculate about the nature of that possible misconduct.
NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge) may be applicable.
Source: Instruction 3a-42-1 · view original on jagcnet.army.mil