Military Justice Improvement Act: Excluded Crimes

Military Justice Improvement Act: List of Excluded Offenses in Section 2(A)(2)

Offenses That Remain Within The Chain of Command

83 fraudulent enlistment

84 effecting unlawful enlistment, appointment, separation

85 desertion

86 absent without leave

87 missing movement

88 contempt towards officials

89 disrespect toward superior commissioned officer

90 assaulting, willfully disobeying superior commissioned officer

91 insubordinate conduct toward warrant, noncommissioned, petty officer

92 failure to obey order or regulation

94 mutiny and sedition

95 resisting apprehension, flight, breach of arrest, escape

96 releasing a prisoner without proper authority

97 unlawful detention

98 noncompliance with procedural rules

99 misbehavior before enemy

100 subordinate compelling surrender

101 improper use of countersign

102 forcing safeguard

103 captured, abandoned property

104 aiding the enemy

105 misconduct as prisoner

106a espionage

107 false official statements

108 military property; loss, damage, destruction, disposition

109 property other than military property of US; waste, spoilage, or destruction

110 improper hazarding of vessel

111 drunk or reckless operation of vehicle, aircraft, or vessel

112 wrongful use, possession, manufacture or introduction of controlled substance

113 misbehavior of sentinel or lookout

114 dueling

115 malingering

116 riot

117 provoking, speech, gestures

133 conduct unbecoming an officer

134 general article

Key Facts and Info

Read the Gillibrand Report of Four Largest U.S. Military Bases (2015): Documents Reveal Continued Lack of Improvement in Military Justice System

Read the Gillibrand Report of Four Largest U.S. Military Bases (2014)Despite Recent Congressional Reforms, Dysfunction In Military Justice System Remains

Read the Gillibrand Report of Four Largest U.S. Military Bases (2013): Nearly Half of Survivors Who Reported Assaults Dropped Out of Military Justice Process; Sexual Assaults More Prevalent Than Previously Acknowledged (pdf)

Read AP story: "Pentagon Misled Lawmakers on Military Sexual Assault Cases"

Read Human Rights Watch Report: U.S. Raped In Military - Then Punished: Unjust Discharges Cause Lasting Harm

Read "Embattled" the Human Rights Watch Report: Survivors 12x More Likely to Suffer Retaliation Than See Assailant Convicted; Not A Single Case of Serious Disciplinary Action Found for Retaliation (pdf)

NY Times Magazine Cover Story: "The Military's Rough Justice on Sexual Assault" on military’s continued failure to combat sexual assault – including accounts of retribution and retaliation

VIDEO: “Military Justice’s Dirty Secret”: Fmr. Chief Prosecutor USAF “Put Out to Pasture” for Speaking Out & Doing His Job

5/9/16 DOD IG Report: Evaluation of the Separation of Service Members Who Made a Report of Sexual Assault 

Quotes You Should Read

MJIA: Myths vs Facts sheet

12/3/2014: Top Reasons Why Military Justice Improvement Act Is Still Needed After Previous Incremental NDAA Reforms (pdf)

Senators Who Voted In Favor of MJIA

Retired Military Officers Supporting MJIA

Veterans', Faith, & Women's Groups Supporting MJIA

Letter from UCMJ legal experts supporting MJIA (pdf)

Editorials & Op-Eds Supporting MJIA

ESPN Report: The Enemy Within

Read DOD’s Own Advisory Panel Opinion in Support of MJIA

Allies Testimony: No Impact on Good Order & Discipline From Change To Independent Military Justice System

Gillibrand Testimony to Response Systems Panel

Text of Response Systems Panel Dissent (pdf)

List of Excluded Offenses

Useful Links

Iraq and Afghanistan Veterans of America

Vietnam Veterans of America

Survivor Stories: 1 | 2

DOD Annual SAPR Reports

Defense Advisory Committee on Women

The Invisible War

“Twice Betrayed” Investigative Report

ESPN Report: The Enemy Within

Service Women’s Action Network

Protect Our Defenders