§ Article 134 : Gambling With Subordinate

Gambling with a subordinate is an enumerated offense under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It applies to a noncommissioned or petty officer who gambles with a subordinate service member who is not a noncommissioned or petty officer, knowing that status, when the conduct is 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. Gambling with a subordinate is one of those enumerated offenses.

Who It Applies To

A noncommissioned or petty officer who gambles with a service member who is not a noncommissioned or petty officer and is subordinate to the accused, knowing that status, under circumstances that are prejudicial to good order and discipline or service-discrediting.

What It Covers

1. The accused gambled with a certain service member.
2. The accused was then a noncommissioned or petty officer.
3. The service member was not then a noncommissioned or petty officer and was subordinate to the accused.
4. The accused knew that the service member was not a noncommissioned or petty officer and was subordinate to the accused.
5. 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.

Under the Manual, gambling by an officer with an enlisted person may instead be charged under Article 133.

Maximum Punishment

Maximum authorized punishment. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months, with no punitive discharge.

Sentencing parameters. Category 1 (0–12 months), with a recommended maximum of 3 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

Gambling with a subordinate is one of the offenses listed under the General Article and applies only to noncommissioned and petty officers. Gambling by an officer with an enlisted person may be addressed by Article 133, and officer-enlisted relationships generally by the fraternization offense.

What the Provision Does

This offense applies only to a noncommissioned or petty officer who gambles with a subordinate who is not a noncommissioned or petty officer, knowing that status, when the terminal element is proved. The maximum confinement is 3 months.

History

Gambling with a subordinate was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 84). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 102.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 102
• 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)