Title: Legal Insights on Malingering in the Military: Understanding Article 83 and Maximum Punishments

Thank you for asking. Absolutely no problem. So let’s get into it. So, of course, you know, I’m gonna go to the trusty manual for court martial, Article 83 under the Uniform Code of Military Justice. Article 83 is derived from 10 U S C. 8 8 3, and it’s labeled malingering. So the text of statute reads as follows. It says, any person subject to this chapter who, with the intent to avoid work, duty or service, either feigns illness, physical disablement, mental lapse or mental derangement, or intentionally. Intentionally inflicts self injury, shall be punished as a court martial may direct. Let’s get into the elements. Like I’ve explained a million and ten times before, within these elements, every single one of them have to be met in order for us to charge Article 83. If only one of these four elements are met, then we cannot charge it. Make sense? Here we go. 1. That the accused was assigned to, or was aware of a perspective assignment to, or available for the performance of work, duty or service. 2. That the accused feigned illness, physical disablement, mental lapse, mental derangement, or intentionally inflicted injury upon himself or herself. And 3. That the accused purpose or intent in doing so was to avoid the work, duty or service. And it gives us a note before element number four. It says if the offense was committed in a time of war or hostile fire pay zone. Add the following Element, element No. 4 is that the offense was committed. Parentheses. In a time of war or in a hostile fire zone. Okay, now let’s get into the explanation. We’ll start off with one which is a nature of offense. It says the essence of this offense is designed to avoid performance of any work, duty or service which may properly or normally be expected of one in the military service. And when we talking about military service, we’re talking about Air Force, Space Force, Marine Corps, Coast Guard, Army, all of us. Alright, so everybody that’s in the military, this. This applies to us all. Okay, so let’s continue. It says whether to avoid all duty or only a particular job, it is the purpose to shirk which characterizes the offense. Hence, the nature or permanency of a self inflicted injury is not material on the question of guilt. So basically what it’s saying is that regardless of the type of injury that you inflict upon yourself, or the extent of it, or how long it stays on you for that injury, whatever self infliction it is, it doesn’t matter. It’s immaterial whether when they’re coming to talk about whether you’re guilty of it or not. It continues to say, the seriousness of a sham physical or mental disability is also not material on the question of guilt. Evidence of the extent of the self inflicted injury or feigned disability may however be relevant as factor indicating the presence Or absence of the purpose. Now, let’s get into number two, which is how injuries are inflicted. It says the injury may be inflicted by non violent as well as violent means, and may be accomplished by any act or omission which produces, prolongs or aggravates any illness. Excuse me? Sickness or disability. Don’t do things to make it worse or make it last longer. Basically. Thus, and it gives you a little bit of an example here, right? Thus, voluntary starvation, which results in debility, is a self inflicted injury, and when done for the purpose of avoiding work, duty or service, constitutes a violation of this article. Okay? And it goes into a discussion, which I’m not gonna get into right now, but if someone asks a question, then I’ll probably discuss it. But right now, I’m just not gonna get into the discussion portion of this particular, um, article. But I. Y’all get the gist of this. Now, let’s talk about the maximum punishment, right? And we’re talking about maximum punishment when it. When. As it pertains to a court martial, alright? We’re not talking about an Article 15, we’re talking about a court martial, right? We already have standard maximum punishments under the UCMJ when it comes on to nonjudicial punishment. Of course, you got the summarize Article 15, you got the, uh, the company grade Article 15. And of course, you have the, um, the field grade Article 15, which comes with its own individual Maximum punishments. We are now referring to a court martial. Alright, so here we go. Faining illness, physical disability, mental lapse or mental derangement. Dishonorable discharge, forfeiture of all pay and allowances and confinement for one year. Now two for the maximum punishment still. Faining illness, physical disability, a mental lapse or mental derangement in a hostile fire pay zone or in a time of war. Dishonorable discharge, forfeiture of all pay and allowances and confinement for three years. So you see the difference in. In the confinement. Alright, let’s keep it moving. Still on maximum punishment number three. Intentional self inflicted injury. Dishonorable discharge, forfeiture of all pay and allowances and confinement for five years. Okay, confinement is increasing. Alright, let’s get to number four. Number four says intentional self inflicted injury in a hostile fire zone or a. In a time of war. Dishonorable discharge, forfeiture of all pay and allowances and confinement for 10 years. Right, that’s a maximum punishment. Now, I’m not saying that the soldier is malingering or not malingering. However, what I would say is that it is important for commanders to to, when making an assessment, involve that medical provider that that soldier is seen to make an assessment about that right, to make an educated assessment about the situation. Once that assessment is made, if. If the command team at with the provider feels that the soldiers malingering, then hey, take that to the. To the legal office. And the legal office, Can determine if the elements that I read to you are present, and if all of them are present, then malingering can be charged. If one of those elements is missing, then malingering cannot be charged, and if the soldier is not malingering, no harm, no fall. Hope this helps and answers your questions. Have a good evening.