Article 133 — Conduct unbecoming an officer

Part IV · Punitive Articles

Article 133. Conduct unbecoming an officer · MCM ¶ 90

2024 Manual for Courts-Martial, United States

(1) Officership generally. As used in the phrase “conduct unbecoming an officer” in this article, “officer” refers to a “commissioned officer, cadet, or midshipman..

(2) Nature of the offense. The focus of this article is conduct that is likely to seriously compromise the accused’s standing as an officer. A military officer holds a particular position of responsibility in the armed forces, and one critically important responsibility of a military officer is to inspire the trust and respect of the personnel who must obey the officer’s orders. Conduct violative of this article is action or behavior in an official capacity that, in dishonoring or disgracing the person as an officer, seriously compromises the officer’s character, or action or behavior in an unofficial or private capacity that, in dishonoring or disgracing the officer personally, seriously compromises the person’s standing as an officer. This article includes misconduct that approximates, but may not meet every element of, another enumerated offense. An officer’s conduct need not violate other provisions of the UCMJ or be otherwise criminal to violate Article 133. The gravamen of the offense is that the officer’s conduct disgraces the officer personally or brings dishonor to the military profession in a manner that affects the officer’s fitness to command the obedience of the officer’s subordinates so as to effectively complete the military mission. The absence of a “custom of the service,” statute, regulation, or order expressly prohibiting certain conduct is not dispositive of whether the officer was on sufficient notice that such conduct was unbecoming.

(3) Examples of offenses. Instances of violation of this article include knowingly making a false official statement; dishonorable failure to pay a debt; cheating on an exam; opening and reading a letter of another without authority; using insulting or defamatory language to another officer in that officer’s presence or about that officer to other military persons; being drunk and disorderly in a public place; committing or attempting to commit a crime involving moral turpitude; and failing without good cause to support the officer’s family.

(4) Relation to Other Punitive Articles : conduct unbecoming an officer. Thus, a commissioned officer who steals property violates both this article and Article 121. Whenever the offense charged is the same as a specific offense set forth in this Manual, the elements of proof are the same as those set forth in the paragraph that treats that specific offense, with the additional requirement that the act or omission constitutes conduct unbecoming an officer. Dismissal, forfeiture of all d . Maximum punishment. pay and allowances, and confinement for a period not in excess of that authorized for the most analogous offense for which a punishment is prescribed in this Manual, or, if none is prescribed, for 1 year.

(e) Sample specification s.

(1) Copying or using examination paper. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, while undergoing a written examination on the subject of __________, wrongfully and dishonorably (receive) (request) unauthorized aid by ((using) (copying) the examination paper of __)).

(2) Drunk or disorderly. In that __________ (personal jurisdiction data), was, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, in a public place, to wit: __________, (drunk) (disorderly) (drunk and disorderly) while in uniform, to the disgrace of 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-90-1CONDUCT UNBECOMING AN OFFICER

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

Dismissal, TF, confinement for a period not in excess of that authorized for the most analogous offense prescribed in the MCM, or if none is prescribed, for one year. (Criteria)

Sample specification

Copying or Using Exam Paper:

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, while undergoing a written examination on the subject of __________, wrongfully and dishonorably (receive) (request) unauthorized aid by ((using) (copying) the examination paper of _________)).

Drunk or Disorderly:

In that __________ (personal jurisdiction data), was, (at/on board—location), on or about __________, in a public place, to wit: ________, (drunk) (disorderly) (drunk and disorderly) while in uniform, to the disgrace of the armed forces.

Elements

(1) That (state the time and place alleged), the accused was a (commissioned officer) (cadet) (midshipman);

(2) That the accused (did) (omitted to do) (a) certain act(s), to wit: (state the alleged act or omission); and

(3) That, under the circumstances, the accused’s (act(s)) (omission(s)) constituted conduct unbecoming an officer.

Definitions & other instructions

For this offense, “Officer” includes commissioned officers, cadets, and midshipmen.

“Conduct unbecoming an officer” means conduct that is likely to seriously compromise the accused’s standing as an officer.

A military officer holds a particular position of responsibility in the armed forces, and one critically important responsibility of a military officer is to inspire the trust and respect of the personnel who must obey the officer’s orders. Conduct violative of this article is action or behavior in an official capacity that, in dishonoring or disgracing the person as an officer, seriously compromises the officer’s character, or action or behavior in an unofficial or private capacity that, in dishonoring or disgracing the officer personally, seriously compromises the person’s standing as an officer. This article includes misconduct that approximates, but may not meet every element of, another enumerated offense. An officer’s conduct need not violate other provisions of the UCMJ or be otherwise criminal to violate Article 133. The gravamen of the offense is that the officer’s conduct disgraces the officer personally or brings dishonor to the military profession in a manner that affects the officer’s fitness to command the obedience of the officer’s subordinates so as to effectively complete the military mission. The absence of a “custom of the service,” statute, regulation, or order expressly prohibiting certain conduct is not dispositive of whether the officer was on sufficient notice that such conduct was unbecoming.

Source: Instruction 3a-90-1 · view original on jagcnet.army.mil