§ Article 134 : Self-Injury Without Intent to Avoid Service

This offense is prosecuted under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It punishes intentionally inflicting self-injury under circumstances prejudicial to good order and discipline or discrediting to the armed forces, where the injury was not inflicted with intent to avoid work, duty, or service.

Disambiguation — this is not Article 134 itself, and is distinct from Article 83

Article 83 (Malingering) punishes intentional self-injury done specifically with intent to avoid work, duty, or service. This Article 134 offense addresses intentional self-injury that does not carry that intent, but that is nonetheless prejudicial to good order and discipline or discrediting to the service.

Who It Applies To

Any person subject to the UCMJ who intentionally inflicts injury upon themselves, without intent to avoid work, duty, or service, under circumstances prejudicial to good order and discipline in the armed forces, or of a nature to bring discredit upon the armed forces.

What It Covers

1. The accused intentionally inflicted injury on themselves.
2. 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.
3. Where alleged: the offense was committed in time of war or in a hostile fire pay zone.

Key rules

• Unlike malingering under Article 83, this offense does not require a design to avoid work, duty, or service. The accused need not have been unable to perform duties or absent from duty because of the injury; the injury may be inflicted while on leave or pass. The circumstances and extent of the injury are relevant to whether the terminal element is met.
• The injury may be inflicted by violent or nonviolent means, including any act or omission that produces, prolongs, or aggravates a sickness or disability — for example, voluntary starvation that results in debility — and may be inflicted by another person at the accused’s request.
• Under the Manual’s Discussion, bona fide suicide attempts should not be charged as criminal offenses. In deciding whether an injury was a bona fide suicide attempt, the convening authority should consider factors including health conditions and personal stressors.

Maximum Punishment

Maximum authorized punishment.

• Intentional self-inflicted injury: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
• In time of war or in a hostile fire pay zone: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sentencing parameters. Intentional self-inflicted injury, Category 1 (0–12 months). In time of war or in a hostile fire pay zone, a sentencing-criteria offense (no numbered category).

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

Self-injury without intent to avoid service is one of the offenses listed under the General Article. Self-injury with intent to avoid work, duty, or service is malingering under Article 83, which authorizes higher maximum punishments.

What the Provision Does

This offense addresses intentional self-injury as a matter of good order and discipline, separate from the specific duty-avoidance purpose that defines malingering under Article 83.

History

Self-injury without intent to avoid service was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 103a). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 107.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 107
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12D
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)