Request for Question Clarification by
tutuzdad-ga
on
30 Apr 2003 07:01 PDT
As a veteran of the US Army Military Police Corps and 22 years in
civilian law enforcement I can assure you that your insistence that
such an act is not illegal is MOST DEFINITELY incorrect.
Under the Uniform Code of Military Justice (UCMJ) Article 115 -
Malingering, the law states:
“Any person subject to this chapter who for the purpose of avoiding
work, duty, or service”—
(1) feigns illness, physical disablement, mental lapse or derangement;
or
(2) intentionally inflicts self-injury; shall be punished as a
court-martial may direct.
Elements.
(1) That the accused was assigned to, or was aware of prospective
assignment to, or availability for, the performance of work, duty, or
service;
(2) That the accused feigned illness, physical disablement, mental
lapse or derangement, or intentionally inflicted injury upon himself
or herself; and
(3) That the accused’s purpose or intent in doing so was to avoid the
work, duty, or service. Note: If the offense was committed in time of
war or in a hostile fire pay zone, add the following element
(4) That the offense was committed (in time of war) (in a hostile fire
pay zone).
Explanation.
(1) Nature of offense. The essence of this offense is the design to
avoid performance of any work, duty, or service which may properly or
normally be expected of one in the military service. 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, nor is
the seriousness of a physical or mental disability which is a sham.
Evidence of the extent of the self-inflicted injury or feigned
disability may, however, be relevant as a factor indicating the
presence or absence of the purpose.
(2) How injury inflicted. The injury may be inflicted by nonviolent as
well as by violent means and may be accomplished by any act or
omission which produces, prolongs, or aggravates any sickness or
disability. 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.
Maximum punishment.
(1) Feigning illness, physical disablement, mental lapse, or
derangement. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 1 year.
(2) Feigning illness, physical disablement, mental lapse, or
derangement in a hostile fire pay zone or in time of war. Dishonorable
discharge, forfeiture of all pay and allowances, and confinement for 3
years.
(3) Intentional self-inflicted injury. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 5 years.
(4) Intentional self-inflicted injury in a hostile fire pay zone or in
time of war. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 10 years.
Since your question cannot be answered, I recommend that you cancel
the question in this forum and abandon this notion of violating the
law.
Regards;
tutuzdad-ga
