Article 93 UCMJ

Elements of UCMJ Article 93

According to the Manual for Courts-Martial, the elements that are required for an Article 93 charge to stick are as follows:

• That a certain person was subject to the orders of the accused; and
• That the accused was cruel toward, or oppressed, or maltreated that person.

To prove cruelty, oppression, or maltreatment, the prosecution does not need to prove that the alleged victim actually suffered physical or mental harm, but rather that the accused’s actions reasonably could have caused mental harm or suffering.

Understanding Article 93 UCMJ

In order to grasp a full understanding of Article 93, it is important that the accused understands the nature of the crime, which includes the nature of the victim and the nature of the act itself.

Nature of Victim

“Any person subject to orders” doesn’t just mean service members who directly report to the person in charge. It includes anyone, whether they’re part of the military or not, who has a duty to follow that person’s orders. This can be the case even if the person giving the orders isn’t in their direct chain of command. In simpler terms, if you have a reason to listen to someone’s commands because of your job or role, you’re considered “subject to their orders.”

Nature of Act

Behaving in a cruel, harsh, or harmful way toward others isn’t always necessarily physical. We judge this behavior based on a fair and objective standard. Acts like assault, improper punishment, or sexually harassing another person can be considered a violation of this rule. Sexual harassment can include things like trying to use job perks or threats about someone’s job to get sexual favors, or continuously making unwanted and inappropriate sexual remarks or actions.

Examples of Cruelty and Maltreatment in the Military

Cruelty and maltreatment can manifest in a number of different ways within a military context. Here are some of the more common examples:

• Physical Abuse: Subjecting a service member to unwarranted physical harm or punishment.
• Verbal Abuse: Continually berating, shouting at, or belittling a subordinate to an excessive degree.
• Withholding Basic Necessities: Deliberately denying a service member food, sleep, or other basic needs as a form of punishment.
• Sexual Harassment: Using one’s position of authority to demand sexual favors or making repeated unwanted sexual advances or comments.
• Improper Punishment: Inflicting punishments that aren’t sanctioned or are inappropriate for the alleged misconduct at hand.
• Unfair Work Assignments: Continuously assigning a service member dangerous, demeaning, or unnecessarily challenging tasks without a valid reason.
• Isolation or Ostracism: Intentionally isolating a service member from their peers or group activities as a form of punishment or maltreatment.
• Retaliation: Targeting a service member with unfair treatment because they reported misconduct or a violation.
• Withholding Professional Opportunities: Denying training, assignments, or other opportunities as a means of punishment or discrimination.

While these are just some examples, it’s important to understand that each situation is unique. The context, severity, and frequency of the behavior are all factors that would be considered when determining if an action qualifies as cruelty or maltreatment under Article 93 of the UCMJ.

What is the Punishment for Violations of Article 93 UCMJ?

The penalties for a cruelty or maltreatment conviction can be severe, including a loss of pay and benefits, jail time, and discharge from the service. According to the statute, the maximum punishment for those found guilty of an Article 93 violation include:

• Forfeiture of all pay and allowances;
• Confinement for up to 3 years;
• Dishonorable discharge.