Article 134 : Straggling

Maximum confinement
3 months
Sentencing parameter
Category 1

Straggling is an enumerated offense under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It punishes wrongfully straggling — wandering away, becoming separated, or lagging behind — while accompanying one’s organization on a march, maneuvers, or a similar exercise, 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. Straggling is one of those enumerated offenses.

Who It Applies To

Any person subject to the UCMJ who, while accompanying their organization on a march, maneuvers, or a similar exercise, wrongfully straggles, under circumstances that are prejudicial to good order and discipline or service-discrediting.

What It Covers

  1. The accused, while accompanying the accused’s organization on a march, maneuvers, or a similar exercise, straggled.
  2. The straggling was wrongful.
  3. 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.

“Straggle” means to wander away, stray, become separated from, or lag or linger behind.

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.

Straggling is one of the offenses listed under the General Article and applies while the accused is accompanying the organization. Failing to move with a ship, aircraft, or unit is addressed by missing movement under Article 87; absence from a unit or place of duty by Article 86; and absence with intent to remain away permanently, or to avoid hazardous duty, by desertion under Article 85.

What the Provision Does

This offense applies only while the accused is accompanying the organization on a march, maneuvers, or a similar exercise, and it does not require the intent to remain away permanently that defines desertion. The maximum confinement is 3 months.

History

Straggling was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 107). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 108.

Sources

Leave a comment

Your email address will not be published. Required fields are marked *