Summary of changes
Article 134 — Self-injury without intent to avoid service
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
14 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
107.a.
unchanged
Original text
Text of statute.
See paragraph 91.
Current text
Text of statute.
See paragraph 91.
107.b.
unchanged
Original text
Elements.
Current text
Elements.
107.b.(1)
unchanged
Original text
That the accused intentionally inflicted injury upon himself or herself;
Current text
That the accused intentionally inflicted injury upon himself or herself;
107.b.(2)
unchanged
Original text
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.
Current text
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.
107.b.(2)|N
unchanged
Original text
[Note: If the offense was committed in time of war or in a hostile fire pay zone, add the following element:]
Current text
[Note: If the offense was committed in time of war or in a hostile fire pay zone, add the following element:]
107.b.(3)
unchanged
Original text
That the offense was committed (in time of war) (in a hostile fire pay zone).
Current text
That the offense was committed (in time of war) (in a hostile fire pay zone).
107.c.
unchanged
Original text
Explanation.
Current text
Explanation.
107.c.(1)
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Original text
Nature of offense.
This offense differs from malingering (see paragraph 7) in that for this offense, the accused need not have harbored a design to avoid performance of any work, duty, or service which may properly or normally be expected of one in the military service. This offense is characterized by intentional self-injury under such circumstances as prejudice good order and discipline or discredit the armed forces. It is not required that the accused be unable to perform duties, or that the accused actually be absent from his or her place of duty as a result of the injury. For example, the accused may inflict the injury while on leave or pass. The circumstances and extent of injury, however, are relevant to a determination that the accused’s conduct was prejudicial to good order and discipline, or Service discrediting.
Current text
Nature of offense.
This offense differs from malingering (see paragraph 7) in that for this offense, the accused need not have harbored a design to avoid performance of any work, duty, or service which may properly or normally be expected of one in the military service. This offense is characterized by intentional self-injury under such circumstances as prejudice good order and discipline or discredit the armed forces. It is not required that the accused be unable to perform duties, or that the accused actually be absent from his or her place of duty as a result of the injury. For example, the accused may inflict the injury while on leave or pass. The circumstances and extent of injury, however, are relevant to a determination that the accused’s conduct was prejudicial to good order and discipline, or Service discrediting.
107.c.(2)
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Original text
How injury inflicted.
The injury may be inflicted by nonviolent as well as by violent means and may be accomplished by any act or omission that produces, prolongs, or aggravates a sickness or disability. Thus, voluntary starvation that results in debility is a self-inflicted injury. Similarly, the injury may be inflicted by another at the accused’s request.
Current text
How injury inflicted.
The injury may be inflicted by nonviolent as well as by violent means and may be accomplished by any act or omission that produces, prolongs, or aggravates a sickness or disability. Thus, voluntary starvation that results in debility is a self-inflicted injury. Similarly, the injury may be inflicted by another at the accused’s request.
107.c.(2)|D
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Original text
Bona fide suicide attempts should not be charged as criminal offenses. When making a determination whether the injury by the Servicemember was a bona fide suicide attempt, the convening authority should consider factors including, but not limited to, health conditions, personal stressors, and DoD policy related to suicide prevention.
Current text
Bona fide suicide attempts should not be charged as criminal offenses. When making a determination whether the injury by the Servicemember was a bona fide suicide attempt, the convening authority should consider factors including, but not limited to, health conditions, personal stressors, and DoD policy related to suicide prevention.
107.d.
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Original text
Maximum punishment.
Current text
Maximum punishment.
107.d.(1)
unchanged
Original text
Intentional self-inflicted injury.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
Current text
Intentional self-inflicted injury.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
107.d.(2)
unchanged
Original text
Intentional self-inflicted injury in time of war or in a hostile fire pay zone.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Current text
Intentional self-inflicted injury in time of war or in a hostile fire pay zone.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
107.e.
unchanged
Original text
Sample specification.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required) (in a hostile fire pay zone) on or about _____ 20 __, (a time of war,) intentionally injure (himself) (herself) by __________ (nature and circumstances of injury), 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).
Current text
Sample specification.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required) (in a hostile fire pay zone) on or about _____ 20 __, (a time of war,) intentionally injure (himself) (herself) by __________ (nature and circumstances of injury), 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).
“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.