Page 608 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10311

(2) Knmvingly and intentionally jailing to enforce or comply 1vith provisions of the UCMJ.
Section (2) of Article 131f does not apply to errors made in good faith before, during, or after trial.
It is designed to punish intentional failure to enforce or comply with the provisions of the UCMJ
regulating the proceedings before, during, and after trial. Unlawful command influence under
Article 37 may be prosecuted under this Article. See also Article 31 and R.C.M. 104.
d. lvfaximum punishment.
(1) Unnecessary delay in disposing of case. Bad-conduct discharge, forfeiture of all pay and
allowances, and confinement for 6 months.
(2) Knowingly and intentionally failing to errforce or comply with provisions ~~the UCMJ.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
e. Sample spec?fications.
( 1) Unnece ssmy de lay in disposing ~~case.
Tn that (personal jurisdiction data), being charged with the duty of
((investigating) (taking immediate steps to determine the proper disposition of) charges preferred
against , a person accused of an offense under the Uniform Code of Military Justice)
was, (at/on board-location) (subject-matter jurisdiction, if required), on or about
__ 20 _, responsible for unnecessary delay in (investigating said charges) (determining the
proper disposition of said charges L_), in that (he)(she)(did (failed to L_).
(2) Knowingly and intentionally failing to enforce or comply with provisions of the UCA1J.
In that (personal jurisdiction data), being charged with the duty of
_____ did, (at/on board-location) (subject-matter jurisdiction, if required), on or about
,
20 _, knowingly and intentionally fail to (enforce) (comply with) Article _____ ,
Uniform Code of Military Justice, in that (he) (she) ___ _

88. Article 131g (10 U.S.C. 931g)-Wrongful interference with adverse administrative
proceeding
a. Text of statute.
Any person subject to this chapter who, having reason to believe that an adverse
administrative proceeding is pending against any person subject to this chapter, wrongfully
acts with the intent-
(1) to influence, impede, or obstruct the conduct of the proceeding; or
(2) othenvise to obstruct the due administration of justice;
shall be punished as a court-martial may direct.
b. Elements.
( 1) That the accused wTongfully did a certain act;
(2) That the accused did so in the case of a certain person against whom the accused had reason
to believe there was or would be an adverse administrative proceeding pending; and
(3) That the act was done with the intent to influence, impede, or obstruct the conduct of such
administrative proceeding, or otherwise obstruct the due administration of justice.
c. Explanation. For purposes of this paragraph an adverse administrative proceeding includes any
administrative proceeding or action, initiated against a Servicemember, that could lead to
discharge, loss of special or incentive pay, administrative reduction in grade, loss of a security
clearance, bar to reenlistment, or reclassification. Examples of wrongful interference include
wrongfully influencing, intimidating, impeding, or injuring a witness, an investigator, or other
person acting on an adverse administrative action; by means of bribery, intimidation,
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misrepresentation, or force or threat of force delaying or preventing communication of information

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