This article is part of a comprehensive series covering the punitive articles of the UCMJ (Uniform Code of Military Justice). It is intended for informational purposes only and does not constitute legal advice. Service members facing any UCMJ charge should consult a qualified military defense attorney.
Military parole works differently than civilian parole. In the civilian system, parole is a conditional release from prison supervised by a parole officer, and violations are handled through administrative hearings. In the military system, violating parole is itself a criminal offense under Article 107a (10 U.S.C. § 907a), punishable by court-martial. A paroled prisoner who breaks curfew doesn’t just risk administrative revocation. They face a new criminal charge.
This distinction reflects the military’s fundamentally different relationship with its confined population. The military doesn’t just incarcerate service members; it retains jurisdiction over them throughout confinement and parole. A paroled military prisoner remains subject to the UCMJ, and the conditions of their parole carry the force of law rather than administrative regulation.
Elements and the Knowledge Requirement
The MCM 2024 (Part IV, Paragraph 60c) sets out the elements: the accused was a prisoner on parole as the result of a court-martial conviction, the accused violated the conditions of parole by doing or failing to do a specific act, the accused knew of the conditions of parole, and the violation was wrongful.
The knowledge element requires the prosecution to prove the accused was actually aware of the specific parole condition violated. A prisoner who was never informed of a travel restriction hasn’t knowingly violated it. This matters because parole conditions in the military are set by the Clemency and Parole Board (Army), the Navy-Marine Corps Clemency and Parole Board, or the Air Force Clemency and Parole Board, depending on the service branch. The conditions are communicated to the parolee in writing, and acknowledgment of receipt is standard practice. That acknowledgment document becomes the prosecution’s primary evidence of knowledge.
“Wrongful” excludes violations caused by circumstances beyond the accused’s control. A parolee who misses a mandatory reporting appointment because they were in a traffic accident has not wrongfully violated the condition. A parolee who misses the appointment because they chose to go elsewhere has. The distinction between inability and choice is where the wrongfulness element does its work.
Military Parole: How It Works
Military parole is governed by DoD Instruction 1325.07 and the individual service branch regulations that implement it. Prisoners sentenced to confinement by general or special court-martial may be eligible for parole consideration after serving one-third of their sentence (for sentences of 30 years or less) or after serving 10 years (for longer sentences).
The parole boards assess rehabilitation progress, institutional conduct, release plan viability, and the prisoner’s potential to reoffend. Conditions imposed typically include: regular reporting to a parole supervisor, maintenance of employment, restrictions on travel, prohibition on contact with victims, drug and alcohol prohibitions, and compliance with any ongoing military obligations.
A critical difference from civilian parole: military parolees may or may not still be on active duty, depending on their discharge status. A service member sentenced to confinement but not yet discharged remains subject to the UCMJ during parole. A service member whose sentence included a punitive discharge that has been executed is no longer subject to the UCMJ, and Article 107a would not apply to them. The jurisdictional question, whether the accused was still a “person subject to this chapter” at the time of the violation, is a threshold issue in any Article 107a prosecution.
Punishment and the Double-Jeopardy Question
Maximum punishment for parole violation under Article 107a: confinement for six months and forfeiture of two-thirds pay per month for six months. No punitive discharge is authorized for the parole violation itself, though the original sentence, which may have included a discharge, remains in effect.
The relatively modest maximum punishment reflects the nature of the offense: it’s a breach of conditions, not a new substantive crime. If the parole violation also constitutes a separate criminal offense, such as drug use (Article 112a), assault (Article 128), or any other UCMJ violation, the accused faces charges for both the parole violation and the underlying offense. The parole violation charge and the underlying offense charge are separate proceedings; double jeopardy does not attach because they are distinct offenses with distinct elements.
Parole revocation, which returns the prisoner to confinement to serve the remainder of their original sentence, occurs through an administrative process separate from any Article 107a prosecution. A parolee can have their parole revoked administratively and be charged under Article 107a for the same conduct. The administrative revocation and the criminal charge serve different purposes and operate through different procedural frameworks.
Article 107a treats parole conditions as what they functionally are within the military justice system: legally binding obligations enforceable through the criminal process, not administrative preferences enforceable through bureaucratic discretion. The paroled prisoner who violates conditions doesn’t simply risk returning to confinement. They face a new court-martial charge with its own elements, its own burden of proof, and its own punishment authority. The military’s approach is straightforward: if parole is a conditional privilege granted by the military justice system, then violating those conditions is an offense against that system.
Joseph L. Jordan, Attorney at Law: Article 107a makes violating the conditions of military parole a criminal offense punishable by court-martial, not just an administrative revocation matter. The prosecution must prove the accused knew of the specific parole condition violated.
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.