Part IV · Punitive Articles

Article 83. Malingering · MCM ¶ 7

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. Any person subject to this chapter who, with the intent to avoid work, duty, or service—
(1) feigns illness, physical disablement, mental lapse, or mental derangement; or
(2) intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
(b) Elements.
(1) That the accused was assigned to, or was aware of prospective assignment to, or availability for, the performance of work, duty, or service;
(2) That the accused feigned illness, physical disablement, mental lapse, mental derangement, or intentionally inflicted injury upon himself or herself; and
(3) That the accused’s purpose or intent in doing so was to avoid the work, duty, or service.
Practice Note
[Note: If the offense was committed in time of war or in a hostile fire pay zone, add the following element]
(4) That the offense was committed (in time of war) (in a hostile fire pay zone).
(c) Explanation.
(1) Nature of offense. The essence of this offense is the design to avoid performance of any work, duty, or service which may properly or normally be expected of one in the military service. Whether to avoid all duty, or only a particular job, it is the purpose to shirk which characterizes the offense. Hence, the nature or permanency of a self-inflicted injury is not material on the question of guilt. The seriousness of a sham physical or mental disability is also not material on the question of guilt. Evidence of the extent of the self-inflicted injury or feigned disability may, however, be relevant as a factor indicating the presence or absence of the purpose.
(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 which produces, prolongs, or aggravates any sickness or disability. Thus, voluntary starvation which results in debility is a self-inflicted injury and when done for the purpose of avoiding work, duty, or service constitutes a violation of this article.
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) Feigning illness, physical disablement, mental lapse, or mental derangement. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(2) Feigning illness, physical disablement, mental lapse, or mental derangement in a hostile fire pay zone or in time of war. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(3) Intentional self-inflicted injury. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(4) Intentional self-inflicted injury in a hostile fire pay zone or in time of war. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (in a hostile fire pay zone) (subject-matter jurisdiction data, if required) (on or about _____ 20 __) (from about _____ 20 __ to about _____ 20 __), (a time of war) for the purpose of avoiding ((his) (her) duty as officer of the day) ((his) (her) duty as aircraft mechanic) (work in the mess hall) (service as an enlisted person) (__________) (feign (a headache) (a sore back) (illness) (mental lapse) (mental derangement) (__)) (intentionally injure himself/herself 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-7-1MALINGERING
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) Feigning: DD, TF, 1 year, E-1. (Category 1)

(2) Feigning in a hostile fire pay zone or in time of war: DD, TF, 3 years, E-1. (Criteria)

(3) Intentional self-inflicted injury: DD, TF, 5 years, E-1. (Category 2)

(4) Intentional self-inflicted injury in a hostile fire pay zone or in time of war: DD, TF, 10 years, E-1. (Criteria)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location) (in a hostile fire pay zone) (on or about __________) (from about __________ to about __________), (a time of war) for the purpose of avoiding ((his) (her) duty as officer of the day) ((his) (her) duty as aircraft mechanic) (work in the mess hall) (service as an enlisted person) (__________) (feign (a headache) (a sore back) (illness) (mental lapse) (mental derangement) (__________)) (intentionally injure himself/herself by _________).

Elements

(1) That the accused knew of (his) (her) (assignment to) (prospective assignment to) (availability for) the performance of (work) (duty) (service), that is: (state the type of work, duty, or service alleged);

(2) That (state the time and place alleged), the accused

(a) feigned (illness) (physical disablement) (mental lapse) (mental derangement), or

(b) intentionally inflicted injury upon (himself) (herself) by (state the manner alleged); (and)

(3) That the accused’s purpose or intent in doing so was to avoid the (work) (duty) (service); [and]

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

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

Definitions & other instructions

“Intent” refers to an act done willfully or on purpose.

(“Feign” means to misrepresent by a false appearance or statement, to pretend, to simulate, or to falsify.)

(“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 any sickness or disability. (Thus voluntary starvation that results in a debility is a self-inflicted injury.) (Similarly, the injury may be inflicted by another at the accused’s request.))

NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge and Intent), are ordinarily applicable.
Source: Instruction 3a-7-1 · view original on jagcnet.army.mil