Article 132 UCMJ

Important Terms and Definitions

In order to understand the violation of retaliation as it pertains to UCMJ Art. 132, one must fully understand the text of the statute. Below, we’ll provide definitions of some of the common terms included in this Article.

Protected Communication Definition

A “protected communication” may mean a lawful communication to a Member of

Congress or an Inspector General OR a communication to a covered individual or organization in which a member of the armed forces complains of (or reasonably believes constitutes

evidence of):

• A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination.
• Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

Unlawful Discrimination Definition

“Unlawful discrimination” includes any type of prejudice or unfairness towards a service member based on race, color, religion, sex, or national origin.

Reprisal Definition

In the context of the Uniform Code of Military Justice (UCMJ), a “reprisal” typically refers to retaliatory actions taken against service members, especially for reporting misconduct, wrongdoing, or for making a protected communication. It’s essentially a form of revenge against someone for performing a lawful action, such as whistleblowing.

Personnel Action Definition

“Personnel actions” refer to any decision or action that impacts a military member’s job or career. This can include things like promotions, discipline or corrective action, job changes, and performance evaluations. Other personnel actions include decisions about pay or benefits, removal from duty, discharges, mental health evaluations, and other job-related matters as set by law or rules.

Intent to Retaliate Definition

“Intent to retaliate” means the action was done as payback or revenge for someone reporting a crime or sharing protected information. This includes taking, not taking, or even threatening such actions.

Elements of Article 132

When a service member faces a retaliation charge under UCMJ Article 132, the prosecution must be able to prove certain elements existed in order to secure a conviction. These required elements include the following:

Retaliation

• The accused wrongfully (1) took or threatened to take an adverse personnel action against any person OR (2) withheld or threatened to withhold a favorable personnel action with respect to any person;
• At the time of the action, the accused intended to retaliate against any person for reporting or planning to report a criminal offense, or for making or planning to make a protected communication.

Discouraging a Report of Criminal Offense or Protected Communication

• The accused wrongfully (1) took or threatened to take an adverse personnel action against any person OR (2) withheld or threatened to withhold a favorable personnel action with respect to any person;
• At the time of the action, the accused intended to discourage any person from reporting a criminal offense or making a protected communication.

Article 132 UCMJ Retaliation Punishment

If a service member is found guilty of breaching UCMJ Article 132, they could face severe penalties, including losing their military benefits, serving time in military prison, or even being discharged from the service. Below, we’ll outline the maximum punishments provided for the offense of retaliation under UCMJ Article 132:

• Forfeiture of all pay and allowances;
• Confinement for up to 3 years;
• Dishonorable discharge.

Military Defense Attorney for UCMJ Article 132 Violations

If you’re confronted with a UCMJ Article 132 violation or any other charges under the UCMJ Articles, it’s crucial to understand the intricacies of the military justice system and the potential repercussions. Trying to handle these charges on your own can be an uphill battle. Remember, the prosecution will be fully prepared and dedicated to proving your guilt, seeking the harshest penalties applicable by law. To effectively counter this, you need a skilled military defense attorney like Aden Wilkie by your side who will passionately advocate for your rights, liberty, and military career.

At The Wilkie Law Group, we’re not just a team of lawyers; we’re your allies in the courtroom. Our North Carolina criminal defense attorneys are committed to offering top-tier legal representation by meticulously analyzing every piece of evidence and crafting a solid defense strategy tailored to your individual circumstances. Don’t wait any longer – reach out to a member of our team today to get started.

Contact an Article 132 Defense Attorney

You’ve dedicated yourself to serving your nation; now, let us give back by protecting your future and supporting you during this difficult period. Get in touch with our experienced legal team for a confidential consultation by calling (910) 548-7846 or filling out our convenient online contact form today.