What Happens If You Abuse Your Rank in the Military
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The Uniform Code of Military Justice has no single offense called abuse of rank; abusive conduct is charged under the article whose elements it meets. The closest fit is Article 93, which punishes cruelty, oppression, or maltreatment of “any person subject to his orders”, with a maximum of three years and a dishonorable discharge. Depending on what the abuse involved, other articles can also apply. Article 93a covers sexual activity by trainers and recruiters with protected trainees and applicants. Article 132 covers retaliation against someone who reports misconduct, Article 124b covers graft, and Article 133 covers conduct unbecoming an officer. The Manual for Courts-Martial measures maltreatment by an objective standard and expressly includes sexual harassment that meets the elements.
Article 93: Cruelty and Maltreatment
The Manual for Courts-Martial, United States (2024 ed.), Part IV, paragraph 19, lists two elements:
- “That a certain person was subject to the orders of the accused”
- “That the accused was cruel toward, or oppressed, or maltreated that person.”
The first element reaches further than the direct chain of command. “Any person subject to his orders” includes “all persons, subject to the UCMJ or not, who by reason of some duty are required to obey the lawful orders of the accused, regardless whether the accused is in the direct chain of command over the person.” The element can therefore reach people outside the accused’s own unit whom a duty requires to obey the accused.
The second element “must be measured by an objective standard”, and the conduct need not be physical. The Manual names what can qualify: “Assault, improper punishment, and sexual harassment may constitute this offense if the conduct meets the elements of this offense.” Sexual harassment under this paragraph “includes influencing, offering to influence, or threatening the career, pay, or job of another person in exchange for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature.”
The Manual also states the limit that protects ordinary leadership: “The imposition of necessary or proper duties and the exaction of their performance does not constitute this offense even though the duties are arduous or hazardous or both.”
Article 93a: Trainers and Recruiters
Article 93a applies to “prohibited sexual activity” in two settings. The first is by an officer, NCO, or petty officer in a “training leadership position” with a “specially protected junior member”, such as a member in basic training or an officer candidate program. The second is by a military recruiter with “an applicant for military service”. The statutory text printed in the Manual says “Consent is not a defense for any conduct at issue in a prosecution under this section (article).” The article took effect with the Military Justice Act of 2016 on January 1, 2019.
Article 132: Retaliation Against a Report
Abuse of rank can take the form of punishing a person for speaking up. Paragraph 89 of the Manual makes it an offense to wrongfully take or threaten “an adverse personnel action”, or to withhold or threaten to withhold “a favorable personnel action”, with intent “to retaliate against any person for reporting or planning to report a criminal offense, or for making or planning to make a protected communication.” The same paragraph covers doing those things with intent “to discourage any person from reporting a criminal offense or making a protected communication.”
Article 124b and Article 133
- Graft (Art. 124b). Using an official position to ask for, accept, or receive “a thing of value … as compensation for or in recognition of services rendered” in an official matter in which the United States is interested.
- Conduct unbecoming an officer (Art. 133). It applies to a commissioned officer, cadet, or midshipman. The Manual’s focus is “conduct that is likely to seriously compromise the accused’s standing as an officer.” It notes that “one critically important responsibility of a military officer is to inspire the trust and respect of the personnel who must obey the officer’s orders.” Congress removed “and a gentleman” from the article’s text in Public Law 117-81, enacted December 27, 2021, according to the statutory note at 10 U.S.C. 933.
Maximum Punishments and Sentencing Categories
| Offense | Maximum punishment (MCM 2024) | App. 12C category |
|---|---|---|
| Cruelty and maltreatment (Art. 93, para. 19) | dishonorable discharge, total forfeitures, 3 years | Category 1 |
| Prohibited activities with recruit or trainee (Art. 93a, para. 20) | dishonorable discharge, total forfeitures, 5 years | Category 2 |
| Retaliation (Art. 132, para. 89) | dishonorable discharge, total forfeitures, 3 years | Category 2 |
| Graft (Art. 124b, para. 73) | dishonorable discharge, total forfeitures, 3 years | Category 2 |
| Conduct unbecoming an officer (Art. 133, para. 90) | dismissal, total forfeitures, and confinement up to the most analogous offense's maximum, or 1 year if none | "Criteria" |
The categories apply to offenses committed after December 27, 2023. Appendix 12B sets Category 1 at 0 to 12 months and Category 2 at 1 to 36 months. Relationship offenses such as fraternization fall under Article 134 and service regulations. Sexual assault and abusive sexual contact fall under Article 120, with their own elements and higher maximums.
How These Cases Are Handled
An allegation can reach the command through the inspector general, an equal opportunity or harassment complaint channel, a report up the chain, or a criminal investigation. Article 93 does not depend on who reports or whether the person affected complains. It depends on whether the elements are proven. The command’s responses range from administrative action and nonjudicial punishment under Article 15 to court-martial. Before questioning a suspect, Article 31(b) requires a warning about the accusation and the right to remain silent.
Questions That Separate Leadership From an Offense
- Was the person “subject to the orders” of the accused by reason of some duty, even outside the direct chain?
- Measured objectively, did the conduct serve a necessary or proper duty, or was it cruelty, oppression, or maltreatment?
- Was any personnel action taken, threatened, or withheld after a report or protected communication? That raises Article 132.
- Did the accused hold a training leadership or recruiting position? That raises Article 93a, where consent is not a defense.
Sources
- 10 U.S.C. 893, Article 93, Cruelty and maltreatment (Cornell LII)
- 10 U.S.C. 893a, Article 93a, Prohibited activities with military recruit or trainee by person in position of special trust (Cornell LII)
- 10 U.S.C. 933, Article 133, Conduct unbecoming an officer (Cornell LII)
- 10 U.S.C. 815, Article 15, Commanding officer’s non-judicial punishment (Cornell LII)
- 10 U.S.C. 831, Article 31, Compulsory self-incrimination prohibited (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, para. 19 (Article 93), para. 20 (Article 93a), para. 73 (Article 124b), para. 89 (Article 132), para. 90 (Article 133); Appendix 12B; Appendix 12C.
This guide explains how abuse of authority is defined and punished under the UCMJ and the 2024 Manual for Courts-Martial. It is general information, not legal advice about a particular complaint or investigation.