UCMJ – United States Code of Military Justice

907. ARTICLE 107. FALSE STATEMENTS

10. Punitive Articles

Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.


16 Comments for this entry

  • C. A.

    What if a soldier wrongfully makes a statement to a commander about an allegation of another soldier having legal actions aginst him/her that do not exist. Does this fall under this certain article?

  • Nguyen

    if he knowingly lied, then yes

  • SGT Scooter

    Situation:

    A NCO keeps badgering a Jr Enlisted about something he did. The Jr Enlisted states they will correct their deficiency. However, the NCO doesn’t let it go and keeps badgering the Jr Enlisted, even after the Jr Enlisted has corrected their deficiency. The Jr Enlisted (unable to leave, due to not having been released from duty) is fed up with being badgered, get’s in the face of the NCO and exchanges a few words. Two nearby soldiers separate the two after witnessing the verbal altercation.

    Later on, the NCO goes to his E6, tells him of the altercation and incorporates that the Jr Enlisted “head butted” him. The same NCO then jumps his chain of command straight to the Company Commander and tells him the same story. He then files a report, with the same accusations of what they told both his E6 and Company Commander. At the same time, the same NCO never got checked out by the Platoon or Company Medic, no pictures taken, no post injury report, nothing. The same NCO continues with the report, thus having the two witnessing Jr Enlisted fill out sworn statements as well making a report of the eye witness account. Both witness statements lacking any affirmation of a physical altercation, just verbal.

    The NCO, even after making a sworn statement including the events, redacts that the Jr Enlisted “head butted” him. The Jr Enlisted ended up losing rank.

    Question:

    How is this even just?

    The Jr Enlisted, was never asked to stand at parade rest. The Jr Enlisted never even made physical contact with the NCO. Nevertheless, the Jr Enlisted should not have exchanged words with the NCO.

    The NCO should not have badgered the Jr Enlisted. This isn’t becoming of a NCO to begin with. The NCO should NEVER have made any false allegations against another soldier as this is a “false official statement” of an event, and not a leadership quality of a NCO.

    The issue is, I’m an NCO in a different platoon. I’ve had my own soldiers do this (mainly from stressful work) in which I let them vent, then make them write me a essay (as we can’t make them do physical punishments anymore). End of story, move on! However, the Jr Enlisted now has to earn his rank again. While the NCO who filed a false report, has no punitive action applied to him for filling a false statement?!

    Our company commander has already gone through with the actions of remove the soldiers rank, by one grade. Yet the NCO who filed a statement, and even lied directly TO the Company Commander get’s no punitive action of his own for a false report.

    Is there anything I can do to possibly help rectify the situation as the NCO, as even being a NCO myself, seems to be missing punitive action on his behalf for making a false sworn statement. If he feels he can get away with lying now, then what about down the road when it’s a more serious offense?

    • Daniel Felder

      He probably didn’t lose rank from the false allegation, but from 891. ARTICLE 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER. Eyewitness statement confirm this fact.

    • Daniel Felder

      As a followup, the NCO should be subjected to 893. ARTICLE 93. CRUELTY AND MALTREATMENT.

    • John

      SGT Scooter,
      I’m just a LT being broken into the world of 15-6s. However, for this NCO to have “made a false statement,” the below elements must be proven. Additionally, I believe you can “accuse” the NCO of making a false statement, by bringing this issue up to the CO. The CO should then initiate an investigation (probably informal investigation) and the appointed IO should have no trouble determining the validity of the accusation by receiving a copy of the previous investigation. I’m sure this is way too late of an reply, but this is my take on the situation.

      (1) That at a certain place and time, the subject signed an official document made to a certain person;

      (2) That such document was based on false information;

      (3) That the subject knew it to be false at the time he/she signed it; and

      (4) That the false document was made with the intent to deceive.

  • Mike D

    Does anyone know if I can file an appeal for being charged with something? I signed a log book checking into physical therapy and put my time I logged in. When I left I put down my time incorrectly. I was charged with falsifying a government document and UA. The UA charge was dropped as I was at my assigned post and thus couldn’t be charged. However my SSgt said there was intent to mislead. The problem is I was where I should have been and I signed out at 1105 but inadvertently left off one of the 1’s and so it read 105. Now we all know what military time is and 105 would normally appear as 1305 not 105. PT closed at 1200 and therefore they said I was trying to mislead them. I have always had a problem with this and would like to get it removed. Is this possible?

    • Billy

      Mike, you can not appeal a charge. If someone believes you committed an offense punishable by the UCMJ, they are required to submit a Report of Offense. You can however, appeal the the decision of the Court Martial or Non Judicial Punishment and take it to the next level.

      This article is a tricky one to make stick because they need to prove intent. When all is said and done, your evaluation will still suffer because of lack of attention to detail. In my own opinion there seems to be more to the story than a missing “1” on a sign-in ledger. I am not trying to discourage you from fighting the good fight to clear your name, but make sure all your basis are covered and be prepared to have your record scrutinized with a fine toothed comb.

  • sad army

    What if a soldier places a sexual harassment accusation against an nco which in the investigation is found to be false, and the soldier lied?

  • CPT G

    I take it they hit you with a UCMJ 907 ARTICLE 107 False Statements. You had FIVE Calander days for your attorney/ JAG to file a MOtion for Set Aside & Restoration. If that wasn’t done, you hosed, son!!!

    You still got an out. Run, don’t walk and immediately file a Request for Redress UCMJ 938 Article 138 Complaint of Wrongs and attach a waiver for timeliness (90 days from date of knowledge of harm. Then wait 15 days and go formal with a Complaint of Wrongs to the first officer in the chain of command with GCMCA. Here’s the Hail Mary bit. The GCMCA has the authority to wave all defects. In both your Request for Redress a-n-d your Complaint of wrongs, cite AR 27-10 NJP (I know 16NOV2005) ch 3 3-19 (l) imposition will not be performed unless the CD-R believes Beyond a Reasonable doubt that the crime was committed (The USN Burdon of Proof Standard is Preponderence of the Evidence).
    Your SSG has no proof your 105 isn’t 1105hrs. No one uses 1:05PM in the military which would be 1305hrs. Compromise. Ask to do an Army CID Polygraph test and abide by the results. I taught this Kempshi and know what I sayeth! The GCMCA then must forward their recommendation to OTJAG for TJAG adjudication

  • E

    What are the procedures to a soldier under command investigation? Soldier never got counseled properly, interviewed or properly notified under AR 15-6. Flag was initiated with out supporting documents and not in his respective BN his 1SG went to BDE.

  • CW4 (Retired) Leon W Virtue

    Question: If a soldier falsifies his last name on a hospital document so he can be in a room of someone else wife while she is having a still born birth of their baby is this considered falsifying a document. Ie: mothers last name is Jones and fathers last name is Gary but signs in as Jones.

    Thanks

  • Jon

    I have a similar set of circumstances to the above posts. I was accused of being a toxic leader and accused of sexually harassing my soldiers. Here’s the problem. The false allegations were brought against me to cover for a soldier who had broken into my office. The same soldier and his friends brought allegations covering a 30 year period of time to include my childhood and allegations against others in the command they didn’t like. My superiors assigned an investigator who took this a step further and declared i was mentally ill, socially awkward, and described symptoms similar to PTSD. The investigating officer then became implicated in breaking into my office again. My superiors lied on my OER and cited evidence non existent in the investigation. Also, the IO wrote everyone’s statements for them in memorandum format. All supporting evidence eas lost andnever shared with me. I was made vicariously responsible for allegations against the prior commander, other soldiers, and the chain of command. I have reason to believe the chain of command violated UCMJ, federal law and failed to act in good faith and therefore violated moral and ethical guidelines. In addition, i endured harrassmement that the chain of command turned a blind eye to.

    Any recommendations on how to fight back. I filed congressionals but my deployed chain of command simply lied and blamed me.

  • Dirk

    Can I get charged for false statement under the ucmj for afalse statement made in a civilian court proceeding?

  • Sean

    Im a Federal Employee that works side by side with Military Members. I had a Military member send fraudulent paperwork about me to another Federal agency. His allegations were found to be false. He wound up causing me a lot of trouble what can I do to him know.

  • Apollo

    What if a soldier and a Nco are at a social event that has nothing to do with work? And in conversation, that NCO asks said soilder a question like ” when are you getting married?” And that solider just says ” not any time soon” but that soilder is married. And just does not correct said NCO. Then later at work comes up that he then says he is married. Can that be grounds for punishment?

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