UCMJ Article 134: Dishonorable Failure to Maintain Funds – What One Bad Check Can Cost You in the Military
It’s Just a Bounced Check… Until It’s Not
You write a check. Maybe your account was low. Maybe you were in the field, maybe on deployment. Maybe you just forgot to move the money. Happens in civilian life all the time. But in the military? That “small mistake” can turn into a full-blown court-martial under Article 134 of the UCMJ. This article isn’t about punishing simple financial slipups. It’s about what comes next—what you didn’t do, what you didn’t fix, and how that affects trust, command confidence, and the reputation of the uniform you wear.
The Core of the Charge
Article 134 covers misconduct that falls outside other specific offenses but still harms military order or reputation. If you issue a check and don’t make sure it clears—don’t move the funds, don’t set up overdraft protection, don’t follow through—and the government sees that failure as dishonorable, you can be charged. This isn’t about fraud. It’s about what they consider gross indifference. In other words: it’s not what happened, it’s what you failed to do afterward.
What the Government Has to Prove
This charge isn’t automatic. They need to show:
– You wrote and passed a check to someone—maybe for gear, rent, a loan payment, or a favor.
– When the check hit the bank, the funds weren’t there—and you hadn’t made any arrangements to cover it.
– You didn’t resolve the issue, or even try.
– That failure wasn’t just careless—it showed bad faith.
– And the fallout hurt the unit’s trust, command structure, or military image.
Think about that: the crime isn't the check. It's the silence after. The assumption that “eh, no one will notice.”
So... How’s That Different from Article 123a?
Good question. Article 123a is all about intent. If you knew, right when you wrote the check, that it was going to bounce—and you were trying to get away with something—then that’s fraud. Under 123a, they have to prove you were actively trying to deceive. But Article 134? They don’t need to prove what was in your head when you signed your name. They only have to show that after it bounced, you didn’t act like a responsible service member.
That’s a subtle line. But legally, it changes everything.
A Real Case, A Real Consequence: Gulf War Marine (1991)
This isn’t theory. It’s happened. A lance corporal returns from Desert Storm. He’s exhausted, proud, and behind on bills. Two checks he wrote while deployed—basic stuff, rent and a used washer—both bounce. When he gets back stateside, instead of addressing the issue, he lets it slide. Weeks go by. Command is notified. The result? Thirty days restriction, thirty days of extra duties, pay docked for three months, and demotion from Lance Corporal to Private First Class. All for something that could’ve been fixed with a phone call and a bank transfer.
What “Dishonorable” Actually Means Here
People hear the word and assume the worst. Dishonor doesn’t have to mean malicious. It can mean passive. Neglectful. Unbothered. The military isn’t looking at the bank ledger—they’re watching what you did after the damage was known. Did you fix it? Did you show initiative? Did you take accountability, or wait to be caught?
If you did nothing—or too little, too late—that’s when Article 134 kicks in.
The Penalties You’re Facing
The max punishment is clear:
– Bad Conduct Discharge
– Six months of confinement
– Forfeiture of pay and allowances
But that’s not what ruins a career. What ruins a career is the General Discharge that follows you. The canceled security clearance. The stopped promotion packet. The future civilian job that suddenly needs a background check—and finds a bounced check linked to a military conviction. The ripple hits long after the sentence ends.
How This Gets Defended—and Won
Joseph L. Jordan, former Army JAG and seasoned Article 134 defense attorney, builds defenses around what the prosecution can’t prove.
– Did you actually know the funds weren’t there?
– Were you on orders, TDY, deployed, or otherwise cut off from account management?
– Did you try to fix the issue—call the bank, alert the vendor, repay in another form?
– Was there any direct damage to military order or reputation?
Often, the answer is “no”—but command charges anyway, to make an example. Jordan’s job? Make them regret that choice.
Where Procedure Breaks the Case
If you weren’t read your rights under RCM 305, or if your statement was taken under duress or poor legal protocol, that evidence might be tossed. Did they collect financial records without proper authority? Did they interrogate you without counsel? These procedural slip-ups are more common than you think—and the key to cracking a shaky case wide open.
Why You Need to Act Now
This isn’t just a paycheck issue. It’s a credibility issue. And in the military, once your name is linked to financial unreliability, it spreads fast. You don’t get to explain “I meant to fix it.” You get branded. So the faster you move, the more power you keep.
Call Joseph L. Jordan – You’ve Still Got Time to Get This Right
If you’ve been charged—or even just notified of an investigation—under Article 134 for dishonorable failure to maintain funds, don’t wait. Don’t hope it “goes away.” It won’t. But the right defense can change the entire outcome.
Call 888-694-7306 and speak directly with Joseph L. Jordan, not a paralegal, not a rep. This is what he does. This is all he does. Let him do it for you.