2008 edition - Fort Sam Houston - U.S. Army

$500.00. Bad-conduct discharge, forfeiture of all pay
and allowances, and confinement for 1 year.
(3) Willfully damaging, destroying, or losing, or
willfully suffering to be lost, damaged, destroyed,
sold, or wrongfully disposed of, military property.
(a) Of a value or damage of $500.00 or less.
Bad-conduct discharge, forfeiture of all pay and allowances,
and confinement for 1 year.
( b ) O f a v a l u e o r d a m a g e o f m o r e t h a n
$500.00, or of any firearm or explosive. Dishonorable
discharge, forfeiture of all pay and allowances,
and confinement for 10 years.
f. Sample specifications.
(1) Selling or disposing of military property.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , without proper authorit
y , ( s e l l t o ) ( d i s p o s e o f
b y ) , ( ( a f i r e a r m ) ( a n
explosive)) of a value of (about) $ , military
property of the United States.
( 2 ) D a m a g i n g , d e s t r o y i n g , o r l o s i n g m i l i t a r y
property.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , without proper authorit
y , ( ( w i l l f u l l y ) ( t h r o u g h n e g l e c t ) ) ( ( d a m a g e
b y ) ( d e s t r o y b y ) )
( l o s e ) ) ( o f a v a l u e o f ( a b o u t )
$ ,) military property of the United States
(the amount of said damage being in the sum of
(about) $ ).
(3) Suffering military property to be lost, damaged,
destroyed, sold, or wrongfully disposed of.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , without proper authorit
y , ( w i l l f u l l y ) ( t h r o u g h n e g l e c t ) s u f -
fer , ((a firearm) (an explosive))
(of a value of (about) $ ) military
property of the United States, to be (lost) (damaged
b y ) ( d e s t r o y e d b y ) ( s o l d
t o ) ( w r o n g f u l l y d i s p o s e d o f
by ) (the amount of said damage being
in the sum of (about $ ).
33.c.(2)
33. Article 109—Property other than military
property of the United States—waste,
spoilage, or destruction
a. Text of statute.
Any person subject to this chapter who willf
u l l y o r r e c k l e s s l y w a s t e s , s p o i l s , o r o t h e r w i s e
willfully and wrongfully destroys or damages any
p r o p e r t y o t h e r t h a n m i l i t a r y p r o p e r t y o f t h e
United States shall be punished as a court-martial
may direct.
b. Elements.
(1) Wasting or spoiling of non-military property.
( a ) T h a t t h e a c c u s e d w i l l f u l l y o r r e c k l e s s l y
wasted or spoiled certain real property in a certain
manner;
(b) That the property was that of another person;
and
(c) That the property was of a certain value.
(2) Destroying or damaging non-military property.
(a) That the accused willfully and wrongfully
destroyed or damaged certain personal property in a
certain manner;
(b) That the property was that of another person;
and
(c) That the property was of a certain value or
the damage was of a certain amount.
c. Explanation.
( 1 ) W a s t i n g o r s p o i l i n g n o n - m i l i t a r y p r o p e r t y .
This portion of Article 109 proscribes willful or
reckless waste or spoliation of the real property of
another. The terms “wastes” and “spoils” as used in
this article refer to such wrongful acts of voluntary
destruction of or permanent damage to real property
as burning down buildings, burning piers, tearing
down fences, or cutting down trees. This destruction
in punishable whether done willfully, that is intentionally,
or recklessly, that is through a culpable
disregard of the foreseeable consequences of some
voluntary act.
(2) Destroying or damaging non-military property.
This portion of Article 109 proscribes the willful
and wrongful destruction or damage of the personal
property of another. To be destroyed, the property
need not be completely demolished or annihilated,
but must be sufficiently injured to be useless for its
intended purpose. Damage consists of any physical
injury to the property. To constitute an offense under
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