Maximum punishment

DD, TF, 3 years, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, with intent to (promote (disloyalty) (disaffection) (disloyalty and disaffection)) ((interfere with) (impair) the (loyalty) (good order and discipline)) of any member of the armed forces of the United States communicate to _________, a statement, to wit: “__________,” or words to that effect, which statement was disloyal to the United States, and that such conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).

Elements

(1) That (state the time and place alleged), the accused made a certain statement in the following terms: “(quote the statement alleged)”, or words to that effect;

(2) That the statement was communicated to (state the person alleged);

(3) That the statement was disloyal to the United States;

(4) That the statement was made with the intent to:

(a) promote (disloyalty) (disaffection) (disloyalty and disaffection) toward the United States by any member of the armed forces, or

(b) (interfere with) (impair) the (loyalty to the United States) (good order and discipline) of any member of the armed forces of the United States; and

(5) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).

Definitions & other instructions

(“Conduct prejudicial to good order and discipline” is conduct which causes a reasonably direct and obvious injury to good order and discipline.)

(“Service discrediting conduct” is conduct which tends to harm the reputation of the service or lower it in public esteem.)

A statement is “made” by a person if it is spoken, uttered, written, published, printed, issued, put forth, or circulated by that person.

(“Disloyalty” means not being true or faithful to the United States. The disloyalty involved for this offense must be to the United States as a political entity and not merely to a department or other agency, like the U.S. Army, that is a part of its administration.)

(“Disaffection” means disgust, discontent with, ill will or hostility toward the United States. Disgust or discontent with, ill will or hostility toward the United States Army or other department of government or to any particular person is not necessarily disaffection toward the United States.) (Therefore, willful disobedience by the accused of (an) order(s) or urging by the accused that other members of the military willfully disobey (an) order(s) is not the equivalent of (disloyalty) (disaffection) (disloyalty and disaffection) toward the United States.) Additionally, the mere disagreement with or objection to a policy of the government is not necessarily indicative of (disloyalty) (disaffection) (disloyalty and disaffection) to the United States.)

The government has alleged that the conduct in question in (The) Specification (___) of (The) (Additional) Charge (___) was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. To convict the accused of the offense charged, you must be convinced beyond a reasonable doubt of all the elements, including that the accused’s conduct was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. If you are convinced of all the elements except the element of the service discrediting nature of the conduct, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “of a nature to bring discredit upon the armed forces.” On the other hand, if you are convinced of all the elements except the element of prejudice to good order and discipline in the armed forces, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “to the prejudice of good order and discipline in the armed forces.” Of course, if you are convinced beyond a reasonable doubt that the conduct in question was both to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces, then you may convict the accused as charged provided you are convinced beyond a reasonable doubt as to the other elements of (The) Specification (___) of (The) (Additional) Charge (___).