§ Article 134 : Worthless Check Offenses (Dishonorable Failure to Maintain Funds)

This offense is prosecuted under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It addresses dishonorably failing to maintain sufficient funds for the payment of a check, draft, or order upon presentment — a different theory than Article 123a, which requires that the accused knew of the insufficient funds at the time the check was made.

Disambiguation — this is not Article 134 itself, and is distinct from Article 123a

Article 123a punishes making, drawing, uttering, or delivering a check with intent to defraud or deceive, knowing at that time that funds are insufficient. This Article 134 offense requires neither that intent nor that knowledge at the time the check was made; it addresses the accused’s dishonorable failure afterward to place or maintain sufficient funds for payment.

Who It Applies To

Any person subject to the UCMJ who makes and utters a check and afterward dishonorably fails to place or maintain sufficient funds or credit with the drawee bank for its payment in full on presentment, under circumstances that are prejudicial to good order and discipline or service-discrediting.

What It Covers

1. The accused made and uttered a certain check.
2. The check was made and uttered for the purchase of a certain thing, in payment of a debt, or for a certain purpose.
3. The accused afterward failed to place or maintain sufficient funds in, or credit with, the drawee bank for payment of the check in full on presentment.
4. The failure was dishonorable.
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.

Key rules

• The gist of the offense is the accused’s conduct after uttering the check. Mere negligence in maintaining a bank balance is not enough; the conduct must reflect bad faith or gross indifference.
• As with dishonorably failing to pay a debt, dishonorable conduct is required, and the principles that apply to that offense apply here.

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

This offense is one of the offenses listed under the General Article. Writing a check with intent to defraud or deceive, knowing funds are insufficient, is addressed by Article 123a, and dishonorably failing to pay a debt by the separate Article 134 offense.

What the Provision Does

This offense addresses dishonorable conduct in failing to keep funds available for a check already issued, without requiring the fraudulent intent or knowledge that Article 123a requires.

History

Making and uttering a worthless check by dishonorably failing to maintain funds was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 68). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 94.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 94
• 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)