§ Article 131 : Perjury

Article 131 of the UCMJ (10 U.S.C. § 931) punishes willfully and corruptly giving false testimony material to the matter of inquiry in a judicial proceeding or course of justice, under a lawful oath, and separately punishes subscribing a materially false statement under penalty of perjury.

Who It Applies To

Any person subject to the UCMJ who, in a judicial proceeding or in a course of justice, willfully and corruptly, upon a lawful oath or a legally permitted substitute for an oath, gives false testimony material to the issue or matter of inquiry; or who, in a declaration, certificate, verification, or statement made under penalty of perjury as permitted by federal law, subscribes a false statement material to the issue or matter of inquiry.

What It Covers

Giving false testimony

1. The accused took an oath or affirmation in a certain judicial proceeding or course of justice.
2. The oath or affirmation was administered in a matter in which it was required or authorized by law.
3. It was administered by a person with authority to do so.
4. On that oath or affirmation, the accused willfully gave certain testimony.
5. The testimony was material.
6. The testimony was false.
7. The accused did not then believe the testimony to be true.

Subscribing a false statement

1. The accused subscribed a certain statement in a judicial proceeding or course of justice.
2. In a declaration, certification, verification, or statement under penalty of perjury, the accused declared, certified, verified, or stated the truth of that statement.
3. The accused willfully subscribed the statement.
4. The statement was material.
5. The statement was false.
6. The accused did not then believe the statement to be true.

Key rules

• A judicial proceeding includes a trial by court-martial, and a course of justice includes an Article 32 preliminary hearing. If perjury before a court-martial is charged, the court-martial must have been duly constituted.
• A witness may commit perjury by testifying to the truth of a matter they know nothing about, or by testifying falsely about a belief, recollection, impression, judgment, or opinion. Under the Manual, it is not a defense that the witness appeared voluntarily, was incompetent as a witness, or could have declined to answer.
• The false testimony must concern a material matter, but not necessarily the main issue — for example, the credibility of a material witness, or an affidavit supporting a continuance request.
• Proof of falsity. Falsity generally cannot be proved by circumstantial evidence alone, or by a single witness’s testimony unless it directly contradicts the statement and is corroborated. Certain documentary evidence, such as an official record well known to the accused, need not be corroborated. The accused’s lack of belief in the statement may be proved by one witness or by circumstantial evidence.
• A subscribed statement under penalty of perjury is one made as permitted by 28 U.S.C. § 1746, and it must be signed in a judicial proceeding or course of justice — for example, a witness signing summarized Article 32 testimony under penalty of perjury.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 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

Perjury requires a judicial proceeding or course of justice. False swearing under Article 107 covers false statements under a lawful oath outside that setting, and false official statements under the same article do not require an oath. Inducing another person to commit perjury is subornation of perjury under Article 131a.

What the Provision Does

Article 131 applies to false testimony given under a lawful oath in a judicial proceeding or course of justice, and to materially false statements subscribed under penalty of perjury. The testimony must be given willfully and corruptly and must be material to the matter of inquiry, and the maximum confinement is 5 years.

History

Perjury appeared as Article 131 of the original 1950 UCMJ and was codified at 10 U.S.C. § 931 in 1956. In 1976, Pub. L. 94-550 added the offense of subscribing a false statement under penalty of perjury as permitted by 28 U.S.C. § 1746; a technical amendment followed in 1982.

Sources

• 10 U.S.C. § 931 (Article 131, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 81
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• 28 U.S.C. § 1746 (unsworn declarations under penalty of perjury)