Part IV · Punitive Articles

Article 134. Disloyal statements · MCM ¶ 97

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. See paragraph 91.
(b) Elements.
(1) That the accused made a certain statement;
(2) That the statement was communicated to another person;
(3) That the statement was disloyal to the United States;
(4) That the statement was made with the intent to promote disloyalty or disaffection toward the United States by any member of the armed forces or to interfere with or impair the loyalty to the United States or good order and discipline of any member of the armed forces; and
(5) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
(c) Explanation. Certain disloyal statements by military personnel may not constitute an offense under 18 U.S.C. §§ 2385, 2387, and 2388, but may, under the circumstances, be punishable under this article. Examples include praising the enemy, attacking the war aims of the United States, or denouncing our form of government with the intent to promote disloyalty or disaffection among members of the armed Services. A declaration of personal belief can amount to a disloyal statement if it disavows allegiance owed to the United States by the declarant. 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 that is a part of its administration.
(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction), on or about _____ 20 __, 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).
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-97-1DISLOYAL STATEMENTS
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

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.)

NOTE 2. Conduct pled as both prejudicial to good order and discipline and service discrediting. When the conduct is pled as both prejudicial to good order and discipline and service discrediting, the following instruction should be given:

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 (___).

Source: Instruction 3a-97-1 · view original on jagcnet.army.mil