UCMJ Punitive Article 115 - Malingering

UCMJ Punitive Article 115 - MalingeringUCMJ Punitive Article 115 - MalingeringArticle 115 of the Uniform Code of Military Justice (UCMJ) deals with malingering. Although its sort of an outdated word, malingering is a serious offense in the military. It means youre pretending to do the job youre assigned instead of actually doing it, and it carries serious penalties which vary based on a few specific factors. According to the UCMJ 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 themilitary service. Whether to avoid all dutyor only a particular job, it is the purpose to shirk which characterizes the offense. Hence, the nature or permanence of a self-inflicted injury is bedrngnis material on the question of guilt, nor is the seriousness of a physical or mental disability which is a ?shame. What Constitutes Malingering in the Military Being found guilty of malingering depends on a few fa ctors. If you know youre assigned to a specific duty or area of work, and pretend to be sick or injured, or if you intentionally hurt yourself to avoid that duty, then you fit the criteria of a malingerer. The UCMJ 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 toor 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 accuseds 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 co mmitted (in time of war) (in a hostile fire pay zone). Punishment for Malingering Depending on the nature of the offense, theres a range of punishment for malingering. If it can be proven that the accused person intentionally injured himself, or pretended to be injured, thats the baseline. If the acts happened during wartime or a hostile war zone, the punishments will be more severe. According to the UCMJ, feigning an injury will get you a dishonorable discharge and a one-year confinement, during which youll forfeit all pay and allowances. Feigning injury during wartime or in a hostile war zone will result in adishonorable discharge, forfeiture of pay and a three-year confinement. For intentionally injuring yourself,which can range from violently hurting yourself to starving yourself to get out of work, you can expect a dishonorable discharge, forfeiture of pay and a five-year confinement. If you intentionally injure yourself during war or in a hostile zone, youll be confined fo r 10 years and be dishonorably discharged.