§ Article 131f : Noncompliance With Procedural Rules

Article 131f of the UCMJ (10 U.S.C. § 931f) punishes being responsible for unnecessary delay in disposing of a case against a person accused of a UCMJ offense, and separately punishes knowingly and intentionally failing to enforce or comply with any UCMJ provision regulating proceedings before, during, or after an accused’s trial.

Who It Applies To

Any person subject to the UCMJ who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under the UCMJ; or who knowingly and intentionally fails to enforce or comply with any provision of the UCMJ regulating the proceedings before, during, or after the trial of an accused.

What It Covers

Unnecessary delay in disposing of a case

1. The accused was charged with a certain duty in connection with the disposition of the case of a person accused of an offense under the UCMJ.
2. The accused knew of that duty.
3. Delay occurred in the disposition of the case.
4. The accused was responsible for the delay.
5. Under the circumstances, the delay was unnecessary.

Knowingly and intentionally failing to enforce or comply with provisions of the UCMJ

1. The accused failed to enforce or comply with a certain provision of the UCMJ regulating a proceeding before, during, or after a trial.
2. The accused had the duty of enforcing or complying with that provision.
3. The accused knew of that duty.
4. The failure was intentional.

Key rules

• The purpose of the first offense is to ensure cases are disposed of expeditiously. A person can be responsible for delay only when that person’s duties require action on the case.
• The second offense does not apply to errors made in good faith. Under the Manual, unlawful command influence under Article 37 may be prosecuted under this article.

Maximum Punishment

Maximum authorized punishment.

• Unnecessary delay in disposing of a case: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
• Knowingly and intentionally failing to enforce or comply with provisions of the UCMJ: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sentencing parameters. Unnecessary delay, Category 1 (0–12 months), with a recommended maximum of 6 months. Failing to enforce or comply, 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 131f addresses procedural failures by people with duties in the handling of a case. Obstructing justice under Article 131b addresses wrongful conduct by anyone intended to obstruct the administration of justice.

What the Provision Does

Under the Manual, Article 131f is designed to punish intentional failure to enforce or comply with the provisions of the UCMJ regulating proceedings before, during, and after trial. It separately covers responsibility for unnecessary delay in disposing of a case, which carries a lower maximum confinement of 6 months.

History

This offense appeared as Article 98 of the original 1950 UCMJ, codified at 10 U.S.C. § 898 in 1956. The Military Justice Act of 2016 (Pub. L. 114-328) renumbered it as Article 131f, effective January 1, 2019; the Article 98 designation now covers misconduct as a prisoner.

Sources

• 10 U.S.C. § 931f (Article 131f, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 87
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C