§ Article 134 : Dishonorably Failing to Pay a Debt

Dishonorably failing to pay a debt is an enumerated offense under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It requires more than nonpayment: the failure must be dishonorable, and the conduct must be prejudicial to good order and discipline or service-discrediting.

Disambiguation — this is not Article 134 itself

Article 134 is a general clause under which the Manual for Courts-Martial lists numerous separately defined offenses. Dishonorably failing to pay a debt is one of those enumerated offenses.

Who It Applies To

Any person subject to the UCMJ who dishonorably fails to pay a just debt.

What It Covers

1. The accused was indebted to a certain person or entity in a certain sum.
2. The debt became due and payable on or about a certain date.
3. While the debt was still due and payable, the accused dishonorably failed to pay it.
4. Under the circumstances, the accused’s conduct was prejudicial to good order and discipline in the armed forces, was of a nature to bring discredit upon the armed forces, or both.

Key rules

• More than negligence in nonpayment is required. The failure must be characterized by deceit, evasion, false promises, or other distinctly culpable circumstances showing deliberate nonpayment or a grossly indifferent attitude toward one’s just obligations.
• The accused must not have had a defense, offset, or counterclaim, in fact or in the accused’s belief, at the time alleged. Under the Manual, the offense should not be charged if there was a genuine dispute about the facts or law affecting the obligation to pay, and it is not committed if the creditor is satisfied with the debtor’s conduct.
• The length of nonpayment and any denial of the debt may tend to show dishonorable conduct, but the court-martial must find from all the evidence that the conduct was in fact dishonorable.

Maximum Punishment

Maximum authorized punishment. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Sentencing parameters. Category 1 (0–12 months), with a recommended maximum of 6 months, the authorized maximum.

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

An inability to pay, without dishonorable conduct, is not this offense. Dishonorably failing to maintain funds for a check is addressed by the Article 134 worthless check offense, and writing a check knowing funds are insufficient by Article 123a. For officers, dishonorable failure to pay a debt is also listed in the Manual as an example of conduct unbecoming an officer under Article 133.

What the Provision Does

This offense applies to a debt that was due and payable, and the failure to pay must be dishonorable; an inability to pay without dishonorable conduct is not this offense. The terminal element must also be proved, and the maximum confinement is 6 months.

History

Dishonorably failing to pay a debt was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 71). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 96.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 96
• 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)