§ Article 104 : Public Records Offenses

Article 104 of the UCMJ (10 U.S.C. § 904) punishes willfully and unlawfully altering, concealing, removing, mutilating, obliterating, or destroying a public record, or taking a public record with the intent to do any of those things.

Who It Applies To

Any person subject to the UCMJ who willfully and unlawfully alters, conceals, removes, mutilates, obliterates, or destroys a public record, or who takes a public record with the intent to alter, conceal, remove, mutilate, obliterate, or destroy it.

What It Covers

1. The accused altered, concealed, removed, mutilated, obliterated, or destroyed a certain public record, or took it with intent to alter, conceal, remove, mutilate, obliterate, or destroy it.
2. The act was willful and unlawful.

“Public records” include records, reports, statements, or data compilations, in any form, of public offices or agencies that set forth the activities of the office or agency, or matters observed under a legal duty to report. Public records include classified matters.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Sentencing parameters. Category 2 (1–36 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 104 addresses tampering with an existing public record. Creating a false official document or statement is addressed by Article 107, and falsely making or altering a writing with legal effect, with intent to defraud, by Article 105. Destroying records to impede a proceeding may also be charged as obstructing justice under Article 131b.

What the Provision Does

Article 104 addresses tampering with a public record that already exists. It covers both completed tampering and taking a record with intent to tamper with it, and the statute does not require an intent to defraud.

History

Article 104 was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5415), effective January 1, 2019. Before then, altering, concealing, removing, mutilating, obliterating, or destroying a public record was charged as an enumerated offense under Article 134. The Article 104 designation previously belonged to aiding the enemy, which is now Article 103b.

Sources

• 10 U.S.C. § 904 (Article 104, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 34
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C