Any person subject to this chapter who, without proper authority—

sells or otherwise disposes of;

willfully or through neglect damages, destroys, or loses; or

willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States, shall be punished as a court-martial may direct .

That the accused sold or otherwise disposed of certain property (which was a firearm or explosive);

That the sale or disposition was without proper authority;

That the property was military property of the United States; and

That the property was of a certain value.

That the accused, without proper authority, damaged or destroyed certain property in a certain way, or lost certain property;

That the property was military property of the United States;

That the damage, destruction, or loss was willfully caused by the accused or was the result of neglect by the accused; and

That the property was of a certain value or the damage was of a certain amount.

That certain property (which was a firearm or explosive) was lost, damaged, destroyed, sold, or wrongfully disposed of;

That the property was military property of the United States;

That the loss, damage, destruction, sale, or wrongful disposition was suffered by the accused, without proper authority, through a certain omission of duty by the accused;

That the omission was willful or negligent; and

That the property was of a certain value or the damage was of a certain amount.

Military property is all property, real or personal, owned, held, or used by one of the armed forces of the United States. Military property is a term of art, and should not be confused with Government property. The terms are not interchangeable. While all military property is Government property, not all Government property is military property. An item of Government property is not military property unless the item in question meets the definition provided in this paragraph. It is immaterial whether the property sold, disposed, destroyed, lost, or damaged had been issued to the accused, to someone else, or even issued at all. If it is proved by either direct or circumstantial evidence that items of individual issue were issued to the accused, it may be inferred, depending on all the evidence, that the damage, destruction, or loss proved was due to the neglect of the accused. Retail merchandise of Service exchange stores is not military property under this article.

“To suffer” means to allow or permit. The willful or negligent sufferance specified by this article includes: deliberate violation or intentional disregard of some specific law, regulation, or order; reckless or unwarranted personal use of the property; causing or allowing it to remain exposed to the weather, insecurely housed, or not guarded; permitting it to be consumed, wasted, or injured by other persons; or loaning it to a person, known to be irresponsible, by whom it is damaged.

In the case of loss, destruction, sale, or wrongful disposition, the value of the property controls the maximum punishment which may be adjudged. In the case of damage, the amount of damage controls. As a general rule, the amount of damage is the estimated or actual cost of repair by the Government agency normally employed in such work, or the cost of replacement, as shown by Government price lists or otherwise, whichever is less.

For purposes of determining the maximum punishment for this offense ( see subparagraphs d.(1)(b) and d.(3)(b)), the term “explosive” includes ammunition. See generally R.C.M. 103(11), (12).

Selling or otherwise disposing of military property.

Of a value of $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Of a value of more than $1,000 or any firearm or explosive. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

Through neglect damaging, destroying, or losing, or through neglect suffering to be lost, damaged, destroyed, sold, or wrongfully disposed of, military property.

Of a value or damage of $1,000 or less. Confinement for 6 months, and forfeiture of two-thirds pay per month for 6 months.

Of a value or damage of more than $1,000. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Willfully damaging, destroying, or losing, or willfully suffering to be lost, damaged, destroyed, sold, or wrongfully disposed of, military property.

Of a value or damage of $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Of a value or damage of more than $1,000, or of any firearm or explosive. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

Sample specification s.

Selling or disposing of military property. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, without proper authority, (sell to __________) (dispose of by __________) __________, [(a firearm) (an explosive)] of a value of (about) $__________, military property of the United States.

Damaging, destroying, or losing military property. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, without proper authority, (willfully) (through neglect) (damage by __________) (destroy by __________) (lose) __________, of a value of (about) $__________, military property of the United States (the amount of said damage being in the sum of (about) $__________).

Suffering military property to be lost, damaged, destroyed, sold, or wrongfully disposed of. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, without proper authority, (willfully) (through neglect) suffer __________, [(a firearm) (an explosive)] (of a value of (about) $__________) military property of the United States, to be (lost) (damaged by __________) (destroyed by __________) (sold to __________) (wrongfully disposed of by __________) (the amount of said damage being in the sum of (about $__________).