Any person subject to this chapter who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States shall be punished as a court-martial may direct.

That the accused willfully or recklessly wasted or spoiled certain real property in a certain manner;

That the property was that of another person; and

That the property was of a certain value.

That the accused willfully and wrongfully damaged certain personal property in a certain manner;

That the property was that of another person; and

that the damage inflicted on the property was of a certain amount.

That the accused willfully and wrongfully destroyed certain personal property in a certain manner;

That the property was that of another person; and

That the property was of a certain value.

This portion of Article 109 proscribes willful or reckless waste or spoliation of the real property of another. The terms “wastes” and “spoils” as used in this article refer to such wrongful acts of voluntary destruction of or permanent damage to real property as burning down buildings, burning piers, tearing down fences, or cutting down trees. This destruction is punishable whether done willfully, that is intentionally, recklessly, or is through a culpable disregard of the foreseeable consequences of some voluntary act.

This portion of Article 109 proscribes the willful and wrongful destruction or damage of the personal property of another. To be destroyed, the property need not be completely demolished or annihilated, but must be sufficiently injured to be useless for its intended purpose. Damage consists of any physical injury to the property. To constitute an offense under this section, the destruction or damage of the property must have been willful and wrongful. As used in this section “willfully” means intentionally and “wrongfully” means contrary to law, regulation, lawful order, or custom. Willfulness may be proved by circumstantial evidence, such as the manner in which the acts were done.

In the case of destruction, the value of the property destroyed controls the maximum punishment which may be adjudged. In the case of damage, the amount of the damage controls. As a general rule, the amount of damage is the estimated or actual cost of repair by artisans employed in this work who are available to the community wherein the owner resides, or the replacement cost, whichever is less. See also subparagraph 64.c.(1)(g).

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Dishonorable discharge; forfeiture of all pay and allowances, and confinement for 5 years.

Sample specification s.

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, [(willfully) recklessly) waste _______] [(willfully) (recklessly) spoil______] (of a value of (about) $__________) (the amount of said damage being in the sum of (about) $__________), the property of __________.

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully and wrongfully damage by (method of damage) (identify property damaged__________) (the amount of said damage being in the sum of (about) $__________), the property of __________.

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully and wrongfully destroy (identify property destroyed __________), of a value of (about) $__________ the property of __________.