Article 134 - Violation of Parole
This article covers incidents where a prisoner on parole violates the conditions
of his or her parole by any means.
- That at a specific time and place, the accused was a prisoner as a result
of a court martial conviction or convicted in a criminal proceeding.
- That the accused was released of confinement and was in parole.
- That there were certain conditions of parole that the accused was bound
- That the accused was fully aware that he or she was on parole and bound
by the conditions of the parole agreement.
- That the accused wrongfully broke the conditions of parole by committing
another act or failing to perform an act.
- That under the circumstances, the conduct of the accused was against good
order and discipline and had discredit brought upon the armed forces.
The accused faces a maximum punishment of bad conduct discharge, forfeiture
of two-thirds of total pay for six months and six months' confinement.
Points to Note about Article 134
- It is not necessary to prove the offense for which the accused was paroled.
The proof of parole agreement and conviction is usually sufficient. When
the evidence is introduced to establish the particular conviction that
has given rise to the parole, the evidence must not disclose the offense
for which the accused was convicted.
- For such cases, circumstantial evidence could be applicable. Actual knowledge
or the mistake of fact clause can be raised by the evidence.
- The term "Conduct prejudicial to good order and discipline" is
conduct that cause reasonably obvious and direct injury to discipline
and good order. "Service discrediting conduct" is conduct that
harms the reputation of the service or lowers it in the public esteem.
- The word "Wrongful" means without any excuse or legal justification.
- The word "Prisoner" exclusively refers to individuals in confinement
from either conviction in a criminal proceeding or conviction at a court martial.
- Parole is described as a prisoner's word of honor. A parolee or prisoner
on parole agrees to adhere to a parole plan or to the conditions of parole.
A parole plan is an oral or written agreement made by the prisoner before
parole or to desist from conducting certain activities or acts.
- The term "Conditions of parole" include the plan for parole and
other appropriate and reasonable conditions of parole, like the beginning
or continuing treatment for drug or alcohol abuse, paying restitution,
or paying a fine ordered to to be paid as part of a prisoner's sentence
in a criminal proceeding or a court martial sentence. In return for giving
his or her word of honor not to violate the plan and conditions of parole,
the prisoner is given parole.
Article 134 in UCMJ refers to all neglects and disorders to the prejudice
of discipline and good order in the US armed forces, any conduct of nature
that can or is intended to bring discredit upon the armed forces. It includes
offenses and crimes not capital in nature. The neglect and disorder will
come into awareness by a general, summary or special court-martial, as
per the degree and nature of the offense, and will be punished at the
The Uniform Code of Military Justice (UCMJ) is base of military law. It
is a federal law and enacted by the Congress. The punitive articles of
the UCMJ are the ones from Article 77 to Article 134. They are concerned
with particular offenses, if broken, has the punishment of court martial.
The law requires that the Commander-in-Chief or the President of the United
States implement the provisions of UCMJ. The President implements this
by an executive order known as the Manual for Court Martial (MCM).