§ Article 131g : Wrongful Interference With Adverse Administrative Proceeding

Article 131g of the UCMJ (10 U.S.C. § 931g) punishes wrongfully acting, with intent to influence, impede, or obstruct a pending adverse administrative proceeding against a person subject to the UCMJ, or otherwise to obstruct the due administration of justice.

Who It Applies To

Any person subject to the UCMJ who, having reason to believe that an adverse administrative proceeding is pending against a person subject to the UCMJ, wrongfully acts with intent to influence, impede, or obstruct the conduct of that proceeding, or otherwise to obstruct the due administration of justice.

What It Covers

1. The accused wrongfully did a certain act.
2. The accused did so in the case of a certain person against whom the accused had reason to believe there was or would be an adverse administrative proceeding pending.
3. The act was done with intent to influence, impede, or obstruct the conduct of that proceeding, or otherwise to obstruct the due administration of justice.

Key rules

• An adverse administrative proceeding includes any administrative proceeding or action, initiated against a service member, that could lead to discharge, loss of special or incentive pay, administrative reduction in grade, loss of a security clearance, bar to reenlistment, or reclassification.
• Under the Manual, examples include wrongfully influencing, intimidating, impeding, or injuring a witness, investigator, or other person acting on the action; using bribery, intimidation, misrepresentation, or force or threat of force to delay or prevent communication of information about the proceeding; and wrongfully destroying or concealing relevant information.

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

Article 131g is the administrative-proceeding counterpart to obstructing justice under Article 131b, which addresses criminal and disciplinary proceedings. Taking or withholding personnel actions to retaliate for a report or protected communication is addressed by Article 132.

What the Provision Does

Article 131g applies to wrongful acts intended to influence, impede, or obstruct a pending adverse administrative proceeding against a person subject to the UCMJ, or otherwise to obstruct the due administration of justice. It is the administrative-proceeding counterpart to obstructing justice under Article 131b.

History

Article 131g was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5449), effective January 1, 2019. Before then, wrongful interference with an adverse administrative proceeding was an enumerated Article 134 offense (paragraph 96a of the 2016 edition of the Manual).

Sources

• 10 U.S.C. § 931g (Article 131g, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 88
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)