§ Article 106a : Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button

Article 106a of the UCMJ (10 U.S.C. § 906a) punishes wrongfully wearing an insignia, decoration, badge, ribbon, device, or lapel button that the wearer is not authorized to wear, whether on a uniform or on civilian clothing.

Who It Applies To

Any person subject to the UCMJ who is not authorized to wear a certain insignia, decoration, badge, ribbon, device, or lapel button, and who wrongfully wears it on their uniform or civilian clothing.

What It Covers

1. The accused wore a certain insignia, decoration, badge, ribbon, device, or lapel button on the accused’s uniform or civilian clothing.
2. The accused was not authorized to wear it.
3. The wearing was wrongful.
4. Where alleged: the item was the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, or Purple Heart, or a valor device on any personal award.

Key rules

• Authorization to wear these items is governed by Department of Defense and Service regulations.
• Wearing is wrongful when it is intentional and the accused actually knew they were not entitled to wear the item. Knowledge may be proved by circumstantial evidence.
• Wearing an item is not unauthorized when the circumstances show it was in jest or for an innocent or legitimate purpose, such as a costume for a dramatic production or legitimate law enforcement activity.

Maximum Punishment

Maximum authorized punishment.

• Wrongful wearing of the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, or Purple Heart, or a valor device on any personal award: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• All other cases: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Sentencing parameters. Both forms are Category 1 (0–12 months); for all other cases, the recommended maximum is 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 106a requires that the item actually be worn; a claim made only in speech or writing is not an Article 106a offense. Falsely holding oneself out as an officer, agent, or official is addressed by Article 106.

What the Provision Does

Article 106a requires that the unauthorized insignia, decoration, badge, ribbon, device, or lapel button actually be worn, on a uniform or on civilian clothing. The maximum confinement is higher for the decorations specified in the Manual.

History

Article 106a was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5418), effective January 1, 2019. Before then, wearing an unauthorized insignia, decoration, badge, ribbon, device, or lapel button was charged as an enumerated offense under Article 134. The Article 106a designation previously belonged to espionage, which is now Article 103a.

Sources

• 10 U.S.C. § 906a (Article 106a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 40
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C