Article 134- False or Unauthorized Pass Offenses
Article 134 - the general article, makes no mention of false or unauthorized
pass offenses, or for any other offense for that matter. All the offenses
are listed in the succeeding passages. Paragraph 77 concerns an unauthorized
or false pass.
The text of statute of Article 134 (general article) says that any neglect
or disorder which is against the discipline or good order expected of
armed force personnel or any conduct which can bring discredit to the
armed forces can be punished by a court martial.
Making a false or unauthorized pass is not the sort of behavior that is
expected from a member of the armed forces and anyone found guilty of
this offense, will have to pay the price.
The elements of false or unauthorized pass offenses
The elements of this offense consist of three parts.
- The accused falsely and wrongfully made, counterfeited, tampered and/or
altered a certain official or military pass, discharge certificate, identification
card or permit.
- The accused wrongfully gave, sold, disposed or loaned a certain official
or military pass, discharge certificate, identification card or permit
which was unauthorized or false and the accused knew that it was unauthorized
- The accused was in wrongful possession or made wrongful use of an authorized
or false official or military pass, discharge certificate, identification
card or permit and the accused knew that the document was unauthorized or false.
In these circumstances, the accused's conduct was against the discipline
or good order expected from members of the armed forces or the nature
of the act brought discredit to the armed forces.
If the accused intended to deceive or defraud, the next statement can be
added to the elements.
'The accused possessed or used the false or unauthorized pass, discharge
certificate, identification card or permit with the intention to deceive
Explanation for some points
An official or military pass, discharge certificate, identification card
or permit includes, apart from the usual form of these documents, others
that are issued by governmental agencies for identification and their copies.
'Intend to deceive' as defined under Article 123a (making, drawing
or uttering check, draft, or order without sufficient funds) means an
intention to cheat, mislead or trick another person to gain an advantage
for himself or another person, or to put the other person to whom the
accused made the representation or the interests of that person, at a
'Intend to defraud' means an intention to obtain, by a misrepresentation,
a thing or an article of value and use or benefits from it himself or
use it for the benefit of another person, either on a permanent or temporary basis.
A scenario of a false or unauthorized pass offense
An enlisted member has been invited to a party outside his base. Unfortunately,
the party is being held at a time when he is not supposed to be outside
the base. The enlisted member wants to go to the party at any cost. So
he convinces one of this friends inside the base office to procure a blank
pass for him and he later forges his commanding officer's signature
on the pass. He gives this 'pass' to the military police at the
gate and goes out. This is a very crude example, but it explains the false
or unauthorized pass offense.
Maximum punishment for this offense
If a personnel of the armed forces is found guilty of using or possessing,
with the intend to deceive or defraud or making, counterfeiting, tampering
with, altering or selling an official or military document, he can be
handed a maximum punishment of dishonorable discharge, forfeiture of allowances
and pay and 3 years of confinement.
In all other cases, he can be punished with a bad conduct discharge, forfeiture
of allowances and pay and 6 months of confinement.