UCMJ – United States Code of Military Justice

915. ART 115. MALINGERING

10. Punitive Articles

Any person subject to this chapter who for the purpose of avoiding work, duty, or service–

(1) feigns illness, physical disablement, mental lapse or derangement; or

(2) intentionally inflects self-injury;

shall be punished as a court-martial may direct.


16 Comments for this entry

  • Casaundra Kinder

    I have been counseled for malingering however, with the above definition this does not apply to myself. I have a current diagnosis and valiad Doctor appointments. Is there anything that I can do other providing doctors documentation (which I have done)that would somehow resolve my current situation.

    • J..Reiter

      Yes, you can stop malingering or get out of the military. If you can not control yourself or are too mentally disabled to understand common instructions than the military, which is serious business, is not for you.

      • Derene

        That was very unprofessional J..Reiter. You are supposed to be helping someone not putting them down. Maybe the military is not for you because one of the things that you need to have is good tact. This is something that you are lacking. Please do better.

      • Tim Wilson

        YES!!!!! Thank you for saying that

    • Sierra

      You can get a lawyer issued if you talk to legal about your situation, but they can’t do much until you are actually wrongfully charged under this article.

    • Trent

      Commander’s have a tough enough job dealing with healthy Soldiers. I am not saying you are not injured or that your are. Consistent medical problems without a diagnosis are the true cause of the issues, not those with legimate problems.

  • Red

    Go to your Area Defense Counsel. Keep MFR’s on everything and keep your documentation.

  • Red

    Go to your Area Defense Counsel.

  • Nguyen

    just take counseling, they will never try and get you charged with it. its very hard to prove malingering, if you have documention by doctor. Seen it tried before and it never goes through

  • BigDaddyCorpsBoy

    We had a guy with “medical” problems. Was told to take it easy on his shoulder (limited workouts involving it) and the Co catches him playing basketball hard core. Thats Malingering

  • airborne

    My section sergeant threatened to charge me with malingering. I’ve gone to sick call twice (last Friday and yesterday) because my shoulder was hurt. Both times, I was instructed to go. The first was by my squad leader, and the second time by the sick call medic. The medic said that if my shoulder wasn’t better within a week, to come back. Any thoughts or advice?

  • KO

    If your sick or injured go to sick call, get your documentation, like someone above stated. If it’s a legitimate ailment a Commander will not pursue this, but if it NOT legitimate, than you stand a chance to be charged with this, and/or sent to a MEB/MRB for further verification which could probably get you discharged if either board finds you not fit for duty. #CurrentCompanyCommander

  • Bambam

    Airborne,

    Why not have the medical represenative or squad leader, talk to your Section Sergeant?

  • SGT Medic

    As a medic I will say this. If you are counseled and you do not agree with the basis of the counseling you can mark disagree on the counseling and request to speak to your 1sgt. This does not alleviate you from the corrective training on the counseling. If you have a profile or are going to appointments and have documentation you can not be charged for malingering unless you are found to be faking or have injured yourself purposely. Malingering is very hard to prove so my advice for anyone wrongfully accused of malingering, especially if an Article 15 is initiated, is to ask for a court marshal. As long as you can back your claims up they will likely drop the Article 15

  • Beba

    So my s3 is trying to hit me with malingering because my light duty chit just expired. I have documents saying that i have rhabdomyosis which is in uncommon diseas that cause my muscle to deteriorate and cause kidney failure. Can they charge me for malingering even though i have medical records proving it.

  • JustAnotherMarine

    So, you were counseled on malingering. Was it a negative counseling? Was it a formal counseling? Was it a mentor type thing? You didn’t specify what kind of counseling it is. If it was just a verbal lecture, perhaps your chain of command doesn’t understand the scenario. It’s annoying to deal with a Chain of Command that doesn’t trust that you have medical appointments at certain times, especially if you have your own vehicle. Earning trust in the Marines is extremely difficult, with a good unit, and with any other POG who has high duties to fulfill. If it was a negative counseling, you /can/ rebut them. They are literally just a written piece of paperwork that gets read during the boards to justify a request for non-recommendation, they get read during re-enlistments and, if such actions persists, can lead to a 6105 or some kind of punishment that includes not being able to fulfill orders. (Now this really just depends on the actual importance of the issues at hand.) But, the way you rebut them (at least in my shop, that is) is to rally it up to Staff Sergeant. I, for one, have a very trustworthy, understanding Staff Sergeant. I also have trust that my First Sergeant will look at this kind of situation and see it as complete illogical, irrational, whatever the case may be. Marines don’t just NJP other Marines because some fucking mentor had it in for his mentee and typed up some false report stating that “SNM BROKE THIS ORDER, COUNSELING FOR PROVEN MALINGERING DURING WORKING HOURS” and upon reading, goes, “WELP, THEY BROKE THIS RULE. IT’S LITERALLY WRITTEN PAPER! S1, TYPE UP THIS NJP REPORT! WE GOT OURSELVES ANOTHER ONE!” Now, there’s going to be negotiation involved and of course, if your First Sergeant cares about you, will I investigate this situation. You can bring it up in court and get away with it. Because, it is literally retarded that you get charged with “malingering” because you said you were going to medical, with actual proof of your condition. Now, depending on what your condition is, how it effects your ability to work, this may be the gray area in which your command interprets as they wish. The best thing you need to do, is get a hold of those copies that legally state you are unable to perform said duties, and legally prove you were physically at medical during these times for these specific appointments, and you’re golden.

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