Summary of changes
Article 106a — Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
17 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
40.a.
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Original text
Text of statute.
Any person subject to this chapter—
shall be punished as a court-martial may direct.
Current text
Text of statute.
Any person subject to this chapter—
shall be punished as a court-martial may direct.
40.a.(1)
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Original text
who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and
Current text
who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and
40.a.(2)
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Original text
who wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing;
Current text
who wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing;
40.b.
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Original text
Elements.
Current text
Elements.
40.b.(1)
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Original text
That the accused wore a certain insignia, decoration, badge, ribbon, device, or lapel button upon the accused’s uniform or civilian clothing;
Current text
That the accused wore a certain insignia, decoration, badge, ribbon, device, or lapel button upon the accused’s uniform or civilian clothing;
40.b.(2)
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Original text
That the accused was not authorized to wear the item; and
Current text
That the accused was not authorized to wear the item; and
40.b.(3)
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Original text
That the wearing was wrongful.
Current text
That the wearing was wrongful.
40.b.(3)|N
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Original text
[Note: If applicable, add the following element]
Current text
[Note: If applicable, add the following element]
40.b.(4)
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Original text
That the accused wore any of the following decorations: (Medal of Honor); (Distinguished Service Cross); (Navy Cross); (Air Force Cross); (Silver Star); (Purple Heart) (or any valor device on any personal award).
Current text
That the accused wore any of the following decorations: (Medal of Honor); (Distinguished Service Cross); (Navy Cross); (Air Force Cross); (Silver Star); (Purple Heart) (or any valor device on any personal award).
40.c.
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Original text
Explanation .
Current text
Explanation .
40.c.(1)
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Original text
In general.
Authorization of the wearing of a military insignia, decoration, badge, ribbon, device, or lapel pin is governed by Department of Defense and Service regulations. The wearing of an item is “wrongful” where it is intentional and the accused knew that the accused was not entitled to wear it.
Current text
In general.
Authorization of the wearing of a military insignia, decoration, badge, ribbon, device, or lapel pin is governed by Department of Defense and Service regulations. The wearing of an item is “wrongful” where it is intentional and the accused knew that the accused was not entitled to wear it.
40.c.(2)
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Original text
Scope of “unauthorized” wearing.
The wearing of an item is not unauthorized if the circumstances reveal it to be in jest or for an innocent or legitimate purpose—for instance, as part of a costume for dramatic or other reasons, or for legitimate law enforcement activities.
Current text
Scope of “unauthorized” wearing.
The wearing of an item is not unauthorized if the circumstances reveal it to be in jest or for an innocent or legitimate purpose—for instance, as part of a costume for dramatic or other reasons, or for legitimate law enforcement activities.
40.c.(3)
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Original text
Wrongful.
Conduct is wrongful when it is done without legal justification or excuse. Actual knowledge that the accused was not authorized to wear the item in question is required. Knowledge may be proved by circumstantial evidence.
Current text
Wrongful.
Conduct is wrongful when it is done without legal justification or excuse. Actual knowledge that the accused was not authorized to wear the item in question is required. Knowledge may be proved by circumstantial evidence.
40.d.
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Original text
Maximum punishment.
Current text
Maximum punishment.
40.d.(1)
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Original text
Wrongful wearing of the Medal of Honor; Distinguished Service Cross; Navy Cross; Air Force Cross; Silver Star; Purple Heart; or a valor device on any personal award.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
Current text
Wrongful wearing of the Medal of Honor; Distinguished Service Cross; Navy Cross; Air Force Cross; Silver Star; Purple Heart; or a valor device on any personal award.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
40.d.(2)
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Original text
All other cases.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
Current text
All other cases.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
40.e.
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Original text
Sample specification .
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, wrongfully, without authority, wear upon (his) (her) (uniform) (civilian clothing) (the insignia or grade of a (master sergeant of __________) (chief gunner’s mate of __________)) (Combat Infantryman Badge) (the Distinguished Service Cross) (the ribbon representing the Silver Star) (the lapel button representing the Legion of Merit) (__________).
Current text
Sample specification .
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, wrongfully, without authority, wear upon (his) (her) (uniform) (civilian clothing) (the insignia or grade of a (master sergeant of __________) (chief gunner’s mate of __________)) (Combat Infantryman Badge) (the Distinguished Service Cross) (the ribbon representing the Silver Star) (the lapel button representing the Legion of Merit) (__________).
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.