Article 107a: Parole Violation Under the UCMJ

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Under Article 107a, a person subject to the UCMJ who was a prisoner because of a court-martial conviction or other criminal proceeding, is on parole with conditions, and violates those conditions commits a separate offense. The maximum includes a bad-conduct discharge, 6 months of confinement, and forfeiture of two-thirds pay per month for 6 months.

The statute

10 U.S.C. § 907a, added by the Military Justice Act of 2016 (Pub. L. 114-328, § 5420) and in effect since January 1, 2019, reaches any person subject to the UCMJ “(1) who, having been a prisoner as the result of a court-martial conviction or other criminal proceeding, is on parole with conditions; and (2) who violates the conditions of parole.”

The underlying conviction does not have to be a court-martial. The statute says “court-martial conviction or other criminal proceeding.”

Elements

The Manual for Courts-Martial lists four (MCM 2024, Part IV, ¶ 42.b):

  1. The accused was a prisoner as the result of a court-martial conviction or other criminal proceeding.
  2. The accused was on parole.
  3. There were certain conditions of parole that the parolee was bound to obey.
  4. The accused violated the conditions of parole by doing an act or failing to do an act.

The Manual’s list does not contain a separate element that the accused “knew” the conditions, or that the violation was “wrongful.” Its explanation of parole, however, rests on the prisoner’s own agreement to the conditions (below), so what the accused agreed to is part of the factual picture in any case.

What parole and its conditions mean

The Manual’s explanation (¶ 42.c):

  • “Prisoner” refers only to those in confinement resulting from conviction at a court-martial or other criminal proceeding.
  • “Parole” is defined as “word of honor.” A parolee “has agreed to adhere to a parole plan and conditions of parole.”
  • Parole plan. “A written or oral agreement made by the prisoner prior to parole to do or refrain from doing certain acts or activities.” It may include a residence requirement (where and with whom the parolee will live) and a requirement of guaranteed employment.
  • Conditions of parole include the plan and “other reasonable and appropriate conditions,” for example “paying restitution, beginning or continuing treatment for alcohol or drug abuse, or paying a fine ordered executed as part of the prisoner’s court-martial sentence.”

Who can be charged

The statute applies only to a “person subject to this chapter.” Whether a particular parolee is subject to the UCMJ at the time of the violation depends on that person’s status. Article 2 lists, among others, active-duty members and “Persons in custody of the armed forces serving a sentence imposed by a court-martial” (10 U.S.C. § 802(a)(1), (a)(7)). Whether a given parolee falls within one of those categories is a threshold question the statute’s text alone does not answer for every case; it turns on the person’s discharge and custody status.

Maximum punishment

Bad-conduct discharge, confinement for 6 months, and forfeiture of two-thirds pay per month for 6 months (¶ 42.d). A punitive discharge is therefore available for the parole violation itself. Appendix 12C assigns Article 107a to Category 1 (0 to 12 months under Appendix 12B; the 6-month maximum controls because it is lower). That category applies only when all findings of guilty are for offenses committed after December 27, 2023 (Pub. L. 117-81, § 539E(f)).

Escaping from post-trial confinement, as opposed to violating parole conditions after release, is Article 87a. Breaking restriction or correctional custody is Article 87b.

Sources

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content. If you are facing charges under the UCMJ or need legal guidance regarding military justice matters, consult a qualified military defense attorney.