Page 506 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10209

[Note: If applicable, add the following element]
(4) That the accused wore any of the following decorations: (Medal ofHonor); (Distinguished
Service Cross); (Navy Cross); (Air Force Cross); (Silver Star); (Purple Heart) (or any valor device
on any personal award).
c. Explanation.
(1) In general. Authorization of the wearing of a military insignia, decoration, badge, ribbon,
device, or lapel pin is governed by Department of Defense and Service regulations. The wearing
of an item is "wrongful" where it is intentional and the accused knew that the accused was not
entitled to wear it.
(2) Scope of "unauthorized" wearing. The wearing of an item is not unauthorized if the
circumstances reveal it to be in jest or for an innocent or legitimate purpose-for instance, as part
of a costume for dramatic or other reasons, or for legitimate law enforcement activities.
(3) Wrongful. Conduct is wrongful when it is done without legal justification or excuse. Actual
knowledge that the accused was not authorized to wear the item in question is required. Knowledge
may be proved by circumstantial evidence.
d. Maximum punishment.
(1) Wrongful wearing <?f the A1edal <?f Honor; Di.'l"linguished Service Cross; Navy Cros . ..,·; Air
Force Cross; Silver Star; Purple Heart; or a valor device on any personal award. Bad-conduct
discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(2) All other cases. Bad-conduct discharge, forfeiture of all pay and a11owances, and
confinement for 6 months.
e. Sample .spec{ficafion.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction, if required), on or about 20 __,wrongfully, without authority, wear upon
(his) (her) (uniform) (civilian clothing) (the insignia or grade of a (master sergeant of ____ _;
(chief gunner's mate of (Combat Infantryman Badge) (the Distinguished Service
Cross) (the ribbon representing the Silver Star) (the lapel button representing the Legion of Merit)
( ).

41. Article 107 (10 U.S.C. 907)-False official statements; false swearing
a. Text <?!statute.
(a) FALSE OFFICIAL STATEMENTS.-Any person subject to this chapter who, with
intent to deceive--
( 1) signs any false record, return, regulation, or·der, or other official document,
knowing it to be false; or
(2) makes any other false official statement knowing it to be false;
shall be punished as a court-martial may direct.
(b) FALSE SWEARING.-Any person subject to this chapter-
( 1) who takes an oath that-
( A) is administered in a matter in which such oath is required or
authorized by law; and
(B) is administered by a person with authority to do so; and
(2) who, upon such oath, makes or subscribes to a statement;
if the statement is false and at the time of taking the oath, the person does not believe the
statement to be true, shall be punished as a court-martial may direct.
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b. Elements.

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