§ Article 105a : False or Unauthorized Pass Offenses

Article 105a of the UCMJ (10 U.S.C. § 905a) punishes wrongfully making, altering, counterfeiting, or tampering with a military or official pass, permit, discharge certificate, or identification card, as well as wrongfully selling, giving, lending, disposing of, using, or possessing one known to be false or unauthorized.

Who It Applies To

Any person subject to the UCMJ who wrongfully and falsely makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card; who wrongfully sells, gives, lends, or disposes of one known to be false or unauthorized; or who wrongfully uses or possesses one known to be false or unauthorized.

What It Covers

Wrongful making, altering, counterfeiting, or tampering

1. The accused wrongfully and falsely made, altered, counterfeited, or tampered with a certain military or official pass, permit, discharge certificate, or identification card.
2. The accused then knew that the document was false or unauthorized.

Wrongful sale, gift, loan, or disposition

1. The accused wrongfully sold, gave, loaned, or disposed of a certain military or official pass, permit, discharge certificate, or identification card.
2. The document was false or unauthorized.
3. The accused then knew that it was false or unauthorized.

Wrongful use or possession

1. The accused wrongfully used or possessed a certain military or official pass, permit, discharge certificate, or identification card.
2. The document was false or unauthorized.
3. The accused then knew that it was false or unauthorized.
4. Where alleged: the accused used or possessed it with intent to defraud or deceive.

“Military or official pass, permit, discharge certificate, or identification card” includes the usual forms of these documents and all documents issued by any governmental agency for identification, and copies of them.

Maximum Punishment

Maximum authorized punishment.

• Possessing or using with intent to defraud or deceive, or making, altering, counterfeiting, tampering with, or selling: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
• All other cases: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Sentencing parameters. The first group is Category 2 (1–36 months). All other cases are Category 1 (0–12 months), with a recommended maximum of 6 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 105a is limited to passes, permits, discharge certificates, and identification documents. Article 105 addresses forgery of any writing with legal effect, and Article 124 addresses frauds against the United States. Falsely holding oneself out as an officer or official is addressed by Article 106.

What the Provision Does

Article 105a is limited to military or official passes, permits, discharge certificates, and identification cards. It covers making, altering, counterfeiting, or tampering with such a document, and dealing in, using, or possessing one known to be false or unauthorized, with maximum confinement from 6 months to 3 years depending on the form.

History

Article 105a was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5416), effective January 1, 2019. Before then, the wrongful making, use, or possession of a false or unauthorized pass was charged as an enumerated offense under Article 134.

Sources

• 10 U.S.C. § 905a (Article 105a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 38
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C