Article 108: Military Property Offenses Under the UCMJ
Article 108 punishes selling or otherwise disposing of military property without proper authority, damaging, destroying, or losing it willfully or through neglect, and willfully or negligently allowing it to be lost, damaged, destroyed, sold, or wrongfully disposed of. The value of the property, whether it was a firearm or explosive, and whether the conduct was willful or negligent set the ceiling, which runs from 6 months to a dishonorable discharge and 10 years.
The statute
10 U.S.C. § 908 reaches any person subject to the UCMJ who, “without proper authority”:
- “sells or otherwise disposes of”;
- “willfully or through neglect damages, destroys, or loses”; or
- “willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of”;
“any military property of the United States.”
What “military property” means
“Military property is all property, real or personal, owned, held, or used by one of the armed forces of the United States” (MCM 2024, Part IV, ¶ 43.c(1)). The Manual adds three points about that definition:
- Not all government property is military property. “Military property is a term of art, and should not be confused with Government property. … While all military property is Government property, not all Government property is military property.” Non-military government property and private property fall under Article 109 instead.
- Exchange merchandise is not military property. “Retail merchandise of Service exchange stores is not military property under this article.”
- Issue does not matter. It is immaterial whether the property had been issued to the accused, to someone else, or at all. But if items of individual issue were issued to the accused, “it may be inferred, depending on all the evidence,” that damage, destruction, or loss was due to the accused’s neglect.
Elements
| Offense | Elements (¶ 43.b) |
|---|---|
| Selling or otherwise disposing | The accused sold or otherwise disposed of certain property (alleged as a firearm or explosive if applicable); without proper authority; it was military property; and it was of a certain value |
| Damaging, destroying, or losing | Without proper authority, the accused damaged or destroyed certain property in a certain way, or lost it; it was military property; the damage, destruction, or loss was willful or resulted from the accused's neglect; and the property had a certain value or the damage a certain amount |
| Suffering loss, damage, destruction, sale, or wrongful disposition | The property (alleged as a firearm or explosive if applicable) was lost, damaged, destroyed, sold, or wrongfully disposed of; it was military property; the accused suffered it through a certain omission of duty, without proper authority; the omission was willful or negligent; and the value or damage was of a certain amount |
“Suffering” property to be lost
“‘To suffer’ means to allow or permit.” The Manual lists what willful or negligent sufferance includes (¶ 43.c(2)):
- deliberate violation or intentional disregard of a specific law, regulation, or order;
- reckless or unwarranted personal use of the property;
- leaving it exposed to the weather, insecurely housed, or unguarded;
- permitting others to consume, waste, or injure it; or
- lending it to a person known to be irresponsible, who then damages it.
How value and damage are measured
For loss, destruction, sale, or wrongful disposition, the property’s value controls the maximum. For damage, the amount of damage controls. “As a general rule, the amount of damage is the estimated or actual cost of repair by the Government agency normally employed in such work, or the cost of replacement … whichever is less” (¶ 43.c(3)). For the firearm-or-explosive tier, “explosive” includes ammunition (¶ 43.c(4)).
Maximum punishment
| Conduct | Value or item | Maximum (¶ 43.d) | Category (App. 12C) |
|---|---|---|---|
| Selling or otherwise disposing | $1,000 or less | Bad-conduct discharge, total forfeitures, 1 year | 1 |
| Selling or otherwise disposing | More than $1,000, or any firearm or explosive | Dishonorable discharge, total forfeitures, 10 years | 2 |
| Through neglect damaging, destroying, losing, or suffering | $1,000 or less | 6 months; two-thirds pay for 6 months | 1 |
| Through neglect damaging, destroying, losing, or suffering | More than $1,000 | Bad-conduct discharge, total forfeitures, 1 year | 1 |
| Willfully damaging, destroying, losing, or suffering | $1,000 or less | Bad-conduct discharge, total forfeitures, 1 year | 1 |
| Willfully damaging, destroying, losing, or suffering | More than $1,000, or any firearm or explosive | Dishonorable discharge, total forfeitures, 10 years | 2 |
The table has two less obvious results. Selling or disposing sits in the same top tier as willful destruction once the value passes $1,000. And a firearm or explosive (including ammunition) reaches the 10-year tier for sale or willful conduct whatever its value; the neglect tiers do not have a separate firearm row. The category column comes from Appendix 12C and is used only when all findings of guilty are for offenses committed after December 27, 2023 (Pub. L. 117-81, § 539E(f)).
Related articles
- Taking captured or abandoned property for private use, or failing to secure it: Article 108a.
- Stealing or wrongfully appropriating property, military or not, is larceny under Article 121.
- Mail matter has its own article, Article 109a.
Sources
- 10 U.S.C. § 908 (Article 108): statute text at Cornell LII
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 43 (Military property of United States: loss, damage, destruction, or wrongful disposition); Appendix 12C
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.