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.


5 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?

  • 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.

Leave a Reply

 

Looking for something?

Search the Uniform Code of Military Justice


Ad: Atlanta Wrongful Death Lawyer
Ad: San Diego Homes