Page 611 - Trump Executive Orders 2017-2021

10314 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

which reveal it to be in jest or for an innocent or legitimate purpose, or which contradict the
expressed intent to commit the act, does not constitute this offense. Nor is the offense committed
by the mere statement of intent to commit an unlawful act not involving a favorable or adverse
personnel action.
(5) Criminal offense. Criminal offense for purposes of this offense includes violations of the
UCMJ, the United States Code, or state law.
(6) Wrongful. Taking or threatening to take adverse personnel action, or withholding or
threatening to withhold favorable personnel action, is wrongful when used for the purpose of
reprisal, rather than for purposes of lawful personnel administration.
(7) Other retaliat01y actions. This offense does not prohibit the Secretary of Defense and
Secretaries of the Military Services from proscribing other types or categories of prohibited
retaliatory actions by regulation, which may be punished as violations of Article 92.
d. Maximum punishmenl. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 3 years.
e. Sample .~pec{fications.
(1) Retaliation
In that (personal jurisdiction data), did, (at/on board-location) (subject
matter jurisdiction data, if required), on or about 20 with intent to retaliate against
for [(reporting) (planning to report) a criminal offense] [(making) (planning
--------
to make) a protected communication], wrongfully [(took) (threatened to take) an adverse personnel
action against to wit: [(withheld) (threatened to withhold) a
favorable personnel action with respect to to wit: _____
J
(2) Discouraging a report of criminal offense or protected communication
ln that (personal jurisdiction data), did, (at/on board-location) (subject
matter jurisdiction data, if required), on or about __ 20 _, with intent to discourage
_________ from (reporting a criminal ommse) (making a protected communication),
wrongfully [(took) (threatened to take) an adverse personnel action against , to
wit : ][(withheld) (threatened to withhold) a favorable personnel action with
respect to , to wit: ____ __,

90. Article 133 (10 U.S.C. 933)-Conduct unbecoming an officer and a gentleman
a. Text of statute.
Any commissioned officer, cadet, or midshipman who is convicted of conduct
unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
b. Elements.
(1) That the accused did or omitted to do a certain act;
(2) That, under the circumstances, the act or omission constituted conduct unbecoming an
officer and gentleman.
c. Explanation.
(1) Gentleman. As used in this article, gentleman includes both male and female commissioned
officers, cadets, and midshipmen. The term "gentleman" connotes failings in an officer's personal
character, regardless of gender.
(2) Nature qf qffense. Conduct violative of this article is action or behavior in an official
capacity which, in dishonoring or disgracing the person as an officer, seriously compromises the
officer's character as a gentleman, or action or behavior in an unofficial or private capacity which,
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in dishonoring or disgracing the officer personally, seriously compromises the person's standing

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