ARTICLE 107, UCMJ:
Making a False Official Statement
The elements to be proven under this article are:
That at a specific time and place, the accused made a certain official statement to a specific person or signed a specific official document.
That the statement or document was completely false or partially false in a specific manner.
That the accused was fully aware at the time of making the statement or signing the document that it was false.
That the accused intended to deceive by giving this false statement or signing the false document.
Maximum Punishment for Violation of Article 107
The accused faces dishonorable discharge, forfeiture of all pay and allowances and five years confinement if found guilty.
Article 133, UCMJ: Conduct unbecoming an officer and a gentleman:
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
—10 U.S.C. § 933 (effective 2008)
The elements are:
That the accused did or omitted to do certain acts; and
That, in the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.[1]
Here “officer” is understood to include commissioned officers, cadets, and midshipmen of both sexes, hence the more common term conduct unbecoming. A gentleman is understood to have a duty to avoid dishonest acts, displays of indecency, lawlessness, dealing unfairly, indecorum, injustice, or acts of cruelty.
There is no statute of limitations on these. He was guilty then so he is guilty now.
Guilty he, and others like him, may be, but you will never see any charges brought forth to that effect....................
The SF 86 was changed during Slick Willie’s reign—lterally half of his cabinet couldn’t pass an SSBI.
They took off all orientation questions and specifically reduced the scope of drug inquiries to seven years.