What is UCMJ Article 133? UCMJ Article 133 is Conduct unbecoming an officer and a gentleman and any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

Elements of UCMJ Article 133

(1) That the accused did or omitted to do certain acts; and

(2) That, under the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.

UCMJ Article 133 provides for punishment of “behavior in an official capacity which, in dishonoring or disgracing the person an officer, seriously compromises the officer’s character as a gentleman, or action or behavior in an unofficial . . . capacity which . . . seriously compromises ther person’s standing as an officer.”  This Article covers an expansive range of conduct and is subject to abuse by inexperienced or overly aggressive prosecutors.  Article 133 is typically charged in conjunction with other military crimes.  Military prosecutors view Article 133 as an easy means of obtaining a conviction in case they are unable to convict on the primary charge.

Article 133 is sometimes what ever the commander says it is.

Here are some unwanted behaviors that that answer the question What is UCMJ Article 133:

Examples of conduct unbecoming an officer may include engaging in dishonest or unethical behavior, engaging in criminal activity, or engaging in disrespectful or offensive behavior toward others. Some specific actions that may violate Article 133 include:

• Adultery
• Sexual harassment or assault
• Engaging in fraudulent activities
• Engaging in hazing or bullying
• Public drunkenness or disorderly conduct
• Making disrespectful or derogatory remarks about superiors or subordinates
• Discriminating against others based on race, gender, religion, or other protected characteristics

For more information on this offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer. If you are facing allegations of UCMJ Article 133, no matter where you are stationed in the world, contact our office at ‪757-504-2815 or through our convenient online form to schedule a consultation. Attorney Peter Kageleiry, Jr., focuses his legal practice exclusively on military court-martial law and related adverse administrative actions.