UCMJ – United States Code of Military Justice


10. Punitive Articles

Any person subject to this chapter who for the purpose of avoiding work, duty, or service–

(1) feigns illness, physical disablement, mental lapse or derangement; or

(2) intentionally inflects self-injury;

shall be punished as a court-martial may direct.

10 Comments for this entry

  • Casaundra Kinder

    I have been counseled for malingering however, with the above definition this does not apply to myself. I have a current diagnosis and valiad Doctor appointments. Is there anything that I can do other providing doctors documentation (which I have done)that would somehow resolve my current situation.

    • J..Reiter

      Yes, you can stop malingering or get out of the military. If you can not control yourself or are too mentally disabled to understand common instructions than the military, which is serious business, is not for you.

      • Derene

        That was very unprofessional J..Reiter. You are supposed to be helping someone not putting them down. Maybe the military is not for you because one of the things that you need to have is good tact. This is something that you are lacking. Please do better.

    • Sierra

      You can get a lawyer issued if you talk to legal about your situation, but they can’t do much until you are actually wrongfully charged under this article.

    • Trent

      Commander’s have a tough enough job dealing with healthy Soldiers. I am not saying you are not injured or that your are. Consistent medical problems without a diagnosis are the true cause of the issues, not those with legimate problems.

  • Red

    Go to your Area Defense Counsel. Keep MFR’s on everything and keep your documentation.

  • Red

    Go to your Area Defense Counsel.

  • Nguyen

    just take counseling, they will never try and get you charged with it. its very hard to prove malingering, if you have documention by doctor. Seen it tried before and it never goes through

  • BigDaddyCorpsBoy

    We had a guy with “medical” problems. Was told to take it easy on his shoulder (limited workouts involving it) and the Co catches him playing basketball hard core. Thats Malingering

  • airborne

    My section sergeant threatened to charge me with malingering. I’ve gone to sick call twice (last Friday and yesterday) because my shoulder was hurt. Both times, I was instructed to go. The first was by my squad leader, and the second time by the sick call medic. The medic said that if my shoulder wasn’t better within a week, to come back. Any thoughts or advice?

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