What Is UCMJ Article 131a?
Article 131a of the Uniform Code of Military Justice (UCMJ) criminalizes subornation of perjury. In simple terms, subornation of perjury occurs when a person intentionally induces, persuades, or causes another individual to take an oath and provide false testimony during an official military proceeding.
The military justice system depends upon truthful testimony. Courts-martial, judicial proceedings, administrative hearings, and investigations rely on witnesses who provide accurate and honest information. When someone attempts to manipulate that process by encouraging another person to testify falsely, the conduct threatens the integrity of military justice and may result in prosecution under Article 131a.
Subornation of perjury is considered a serious offense among military crimes because it undermines the truth-seeking function of military courts and can affect the outcome of criminal and administrative proceedings. Service members convicted under Article 131a may face severe penalties, including confinement, forfeiture of pay, reduction in rank, and punitive discharge.
Why Does Article 131a Exist?
Military courts must be able to rely on truthful testimony when determining facts and administering justice. False testimony can lead to wrongful convictions, unjust acquittals, and improper administrative decisions.
Article 131a exists to protect:
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The integrity of courts-martial
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Judicial proceedings
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Military investigations
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Administrative boards
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Witness credibility
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Good order and discipline
Congress recognized that punishing only the person who lies under oath would not fully protect the military justice system. Individuals who encourage or pressure witnesses to provide false testimony also create serious harm and therefore face criminal liability under Article 131a.
What Is Perjury?
To understand subornation of perjury, it is important first to understand perjury itself.
Perjury generally occurs when a person:
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Takes a lawful oath
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Makes a statement during an official proceeding
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Knows the statement is false
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Provides testimony regarding a material matter
Military courts treat perjury seriously because truthful testimony is essential to fair judicial outcomes.
Article 131a goes one step further by targeting individuals who cause another person to commit perjury.
What Does Subornation of Perjury Mean?
Subornation of perjury occurs when a person knowingly induces or procures another individual to provide false testimony under oath.
Examples may include:
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Encouraging a witness to lie during a court-martial
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Coaching a witness to provide false testimony
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Pressuring someone to falsely testify about events
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Convincing another person to make a false statement under oath
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Offering benefits in exchange for false testimony
Unlike perjury itself, the accused does not need to personally provide false testimony. Instead, the offense focuses on causing someone else to do so.
Elements of Article 131a
To secure a conviction under Article 131a, military prosecutors must prove every element beyond a reasonable doubt.
Although practitioners should always consult the current Manual for Courts-Martial (MCM), prosecutors generally must establish several essential facts.
A Person Committed Perjury
The government must prove that false testimony was actually provided under a lawful oath and proper certification of the proceedings.
Without underlying perjury, a subornation charge may fail.
The Accused Induced or Procured the Perjury
The prosecution must demonstrate that the accused induced and procured the perjury by actively causing, encouraging, or influencing the witness to provide false testimony.
Mere knowledge of false testimony is generally insufficient.
The Accused Acted Knowingly
Intent is a critical component of the offense.
The government must prove that the accused knew the testimony was false and intentionally sought to have the witness provide that testimony.
Common Situations Leading to Article 131a Allegations
Subornation of perjury allegations can arise in many military justice contexts, often alongside other military crimes.
Courts-Martial
A service member facing criminal charges, such as those involving child pornography, may attempt to persuade a witness to provide false testimony regarding key facts in the case.
Administrative Proceedings
False testimony during boards of inquiry, administrative separation boards, and officer elimination proceedings may trigger Article 131a concerns.
Investigations
Witnesses may be encouraged to provide inaccurate information or depose falsely during official investigations conducted by military authorities.
Personal Relationships
In some cases, family members, friends, or fellow service members—sometimes involving allegations of fraternization—may be accused of coordinating false testimony to help someone avoid disciplinary action.
Relationship Between Article 131a and Other UCMJ Offenses
Article 131a often appears alongside several related offenses.
UCMJ Article 131: Perjury
Perjury involves personally providing false testimony under oath.
Article 131a addresses inducing another person to commit that offense.
Article 107: False Official Statements
Providing false information during official military matters may result in separate criminal liability.
Article 131b: Obstruction of Justice
Encouraging false testimony may also be viewed as an attempt to obstruct the administration or course of justice.
Article 134: General Article
Conduct prejudicial to good order and discipline may support charges under the General Article.
Article 92: Failure to Obey an Order or Regulation
Certain circumstances may involve violations of military rules or lawful orders in addition to perjury-related offenses.
Potential Punishments Under Article 131a
Subornation of perjury is a serious punitive article under the UCMJ.
Potential punishments may include:
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Confinement
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Reduction in rank
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Forfeiture of all pay and allowances
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Restriction
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Hard labor without confinement
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Bad-conduct discharge
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Dishonorable discharge
The specific punishment depends upon the circumstances of the case, the seriousness of the false testimony, and the impact on the judicial proceeding as determined by a military judge or panel.
Because offenses involving dishonesty often raise concerns regarding trustworthiness, they can have lasting effects beyond the criminal case itself.
Administrative Consequences Beyond Court-Martial
Even if a case does not result in a conviction, allegations involving false testimony can significantly affect a military career.
Article 15 Nonjudicial Punishment
Commanders may choose to address misconduct through Article 15 NJP proceedings rather than a court-martial.
Potential consequences include:
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Reduction in grade
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Forfeiture of pay
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Restriction
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Extra duties
Administrative Separation
Service members accused of dishonesty-related offenses frequently face administrative discharge proceedings.
Security Clearance Issues
Allegations involving false testimony and dishonesty can create significant concerns regarding a service member’s eligibility to maintain a security clearance.
Other Adverse Administrative Actions
Additional consequences may include:
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Letters of reprimand
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Negative evaluations
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Removal from leadership positions
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Promotion delays
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Loss of special duties
Defenses to Article 131a Charges
Every military justice case is unique, but several defenses commonly arise.
No Underlying Perjury Occurred
If the witness did not actually commit perjury, the prosecution may struggle to prove an essential element of the offense.
Lack of Intent
The government must prove that the accused knowingly sought to induce false testimony.
Misunderstandings, mistakes, or innocent discussions may not satisfy this requirement.
The Testimony Was Not False
If the testimony was truthful or cannot be proven false, the government’s case may fail.
Insufficient Evidence
Military prosecutors bear the burden of proving guilt beyond a reasonable doubt.
Weak evidence, credibility issues, and contradictory testimony may support acquittal.
Constitutional and Procedural Challenges
Military defense counsel may identify issues involving the Military Rules of Evidence and:
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Due process violations
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Discovery violations
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Unlawful command influence
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Improper investigations
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Evidentiary deficiencies
Why Early Legal Representation Matters
Allegations involving false testimony often emerge during broader military investigations.
By the time charges are filed, investigators may have already collected witness statements, electronic communications, and documentary evidence.
An experienced military defense lawyer can:
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Evaluate the government’s evidence
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Review witness statements
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Challenge investigative methods
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Protect constitutional rights
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Develop defense strategies
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Represent clients during court-martial proceedings
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Advocate during administrative actions
Early intervention frequently creates opportunities to protect both a service member’s rights and career.
Why Choose The Military Defense Firm?
Cases involving perjury, false testimony, obstruction, and other military justice offenses require experienced representation.
The Military Defense Firm focuses exclusively on military law and represents service members worldwide. Founded by Josh Traeger, a former Air Force Senior Trial Counsel, the firm brings extensive courtroom experience to every case.
Throughout his career, Josh has prosecuted or defended more than 250 courts-martial and handled over 1,000 military disciplinary actions. He also serves as an Instructor of Law at the Air Force JAG School, where he teaches military justice and trial advocacy to military attorneys. His experience provides unique insight into how military prosecutors evaluate witness credibility and build cases involving allegations of false testimony.
Protect Your Future When Facing Perjury-Related Allegations
Accusations involving subornation of perjury can threaten your military career, reputation, security clearance, and future opportunities. These cases often involve complex factual disputes and serious legal consequences.
If you are under investigation, facing a court-martial, or have been accused of violating Article 131a of the UCMJ, contact The Military Defense Firm today. Our experienced military defense attorneys represent service members worldwide and offer free initial consultations.
Frequently Asked Questions
What is Article 131a of the UCMJ?
Article 131a criminalizes subornation of perjury, which involves inducing another person to provide false testimony under oath.
How is subornation of perjury different from perjury?
Perjury involves personally providing false testimony. Subornation of perjury involves causing someone else to commit perjury.
Can I be charged if the witness never actually lied?
The government generally must prove that underlying perjury occurred. If no perjury occurred, the prosecution may face significant challenges.
Is Article 131a punishable by court-martial?
Yes. Article 131a is a punitive article under the UCMJ and may be prosecuted at a court-martial.
Can subornation of perjury affect my security clearance?
Yes. Allegations involving dishonesty and false testimony can raise concerns regarding reliability and trustworthiness.
Should I hire a military defense attorney if I am under investigation?
Yes. Early legal representation can help protect your rights and improve your ability to respond effectively to the allegations.
