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.
Mail in the military is more than correspondence. Deployed service members depend on the military postal system for communication with families, receipt of personal items, legal documents, financial correspondence, and, in an era of persistent electronic surveillance, sometimes the only private communication channel available. Tampering with that system attacks both the individual and the institution that provides it.
Article 109a (10 U.S.C. § 909a), created by the MJA 2016 and effective January 1, 2019, separates mail offenses from general property and theft articles, giving them standalone criminal status. Before this codification, mail offenses were prosecuted under Article 134 or under 18 U.S.C. § 1708 (the federal mail theft statute) through Article 134’s federal assimilative clause. The standalone article reflects a legislative judgment that military mail offenses deserve their own elements and their own punitive framework.
Taking Mail and Tampering with Mail
The MCM 2024 (Part IV, Paragraph 62) identifies two distinct offenses under Article 109a, each with different intent requirements.
The first offense: wrongfully taking mail matter before it is delivered to or received by the addressee, with intent to obstruct correspondence or to pry into the business or secrets of any person or organization. This is the narrower charge. It requires specific intent, the accused must have acted with a purpose beyond mere curiosity. The “obstruct correspondence” prong covers the service member who intercepts another person’s mail to prevent them from receiving orders, legal notices, or personal communications. The “pry into business or secrets” prong covers the service member who intercepts mail to gain unauthorized access to private information, financial records, personal correspondence, or organizational communications.
The second offense: wrongfully opening, secreting, destroying, or stealing mail matter before it is delivered to or received by the addressee. This category is broader and more frequently charged. No specific intent to obstruct or pry is required. The act itself, opening, hiding, destroying, or stealing mail, constitutes the offense when done wrongfully. A service member who opens a bunkmate’s package out of curiosity has committed this offense even without a plan to obstruct correspondence. The four verbs cover the full spectrum of mail interference: opening (accessing contents), secreting (hiding or diverting), destroying (eliminating), and stealing (taking for personal use).
“Mail matter” is defined broadly in the MCM: any matter deposited in a postal system of any government or in any authorized depository or in official mail channels of the United States or an agency of the United States, including the armed forces. This encompasses USPS mail, military postal system (APO/FPO) mail, and official military correspondence channels. The definition reaches both personal mail and official correspondence, making no distinction between a letter from home and a directive from higher headquarters.
Access Vulnerabilities, Punishment, and Cross-References
The Armed Forces operate their own postal system with Military Post Offices (MPOs) worldwide, handling mail for service members, dependents, and authorized civilians in locations where civilian postal service doesn’t reach. This system runs through the Military Postal Service Agency (MPSA) and uses APO (Army/Air Force Post Office) and FPO (Fleet Post Office) addresses. The volume is significant: during peak deployment periods, the military postal system handles millions of pieces of mail annually.
Personnel who work in these facilities, postal clerks, mail handlers, distribution center staff, have access to large volumes of mail. Article 109a provides the criminal framework specific to their potential misconduct. A postal clerk who systematically steals packages faces Article 109a charges that specifically address the mail-system violation, alongside Article 121 (Larceny) charges that address the theft of the contents. The dual-charging capability reflects the dual harm: the stolen item has value, and the compromised mail system has a separate institutional cost.
Barracks mail rooms present another access vulnerability. In many units, incoming mail is sorted and placed in individual mailboxes or held for pickup by unit mail clerks. The chain of custody between the military post office and the individual recipient creates multiple points where unauthorized access can occur. Article 109a reaches conduct at any of those points.
The monetary value of the mail matter is irrelevant to the offense. Stealing a letter with no financial content is the same offense as stealing a package containing valuables. The article protects the mail system itself, not just the economic value of its contents.
Maximum punishment for both offense categories: dishonorable discharge, forfeiture of all pay and allowances, and confinement as a court-martial may direct. The open-ended sentencing authority reflects the wide range of conduct the article covers, from opening a single letter to systematically stealing packages over months.
Article 109a intersects with Article 121 (Larceny and Wrongful Appropriation) when mail theft involves property of value. It intersects with Article 107 (False Official Statements) when a postal clerk falsifies delivery records to conceal the theft. And it intersects with Article 92 (Failure to Obey Order or Regulation) when the conduct violates specific military postal regulations that govern mail handling procedures. Prosecutors have charging flexibility, and a single course of mail-related misconduct can generate multiple charges under different articles.
For a deployed service member, the military postal system may be the only reliable channel for receiving legal documents, financial correspondence, or personal communication from family. Tampering with that channel does not just steal property. It isolates people who are already far from home, and it does so by corrupting one of the few systems they depend on for connection. The monetary value of the mail is irrelevant. The dependency is what Article 109a protects.
Joseph L. Jordan, Attorney at Law: Article 109a, created by the MJA 2016, gives military mail offenses standalone criminal status. It covers both the wrongful taking of mail matter with intent to obstruct correspondence or pry into private affairs, and the broader taking, opening, secreting, or destroying of mail matter.
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.