According To Article 137 Certain Articles Of The Uniform

According to article 137 certain articles of the uniform are designated as punitive provisions that may be enforced through court‑martial proceedings. This clause, found in the Uniform Code of Military Justice (UCMJ), serves as the linchpin that determines which specific rules governing the conduct of service members carry the weight of criminal liability. Understanding Article 137 is essential for anyone studying military law, preparing for a service career, or advising those who serve. The following article unpacks the origin, language, scope, and practical effects of this provision, offering a clear, step‑by‑step guide to its application.

Introduction

The Uniform Code of Military Justice is the foundation of disciplinary authority within the United States Armed Forces. While many readers are familiar with the punitive articles that list specific offenses—such as desertion, assault, or fraud—they may not realize that the authority to treat those articles as criminal offenses stems from a single, overarching rule: Article 137. According to article 137 certain articles of the uniform are expressly identified as punitive, meaning they can be charged, tried, and punished under the UCMJ’s judicial system. This article explains why Article 137 matters, how it is interpreted, and what it means for the everyday life of a service member.

Historical Context

Origins of the UCMJ

• 1950: Congress enacted the Uniform Code of Military Justice to replace the disparate Articles of War and naval disciplinary codes with a single, unified system.
• Article 137 was inserted early in the drafting process to provide a clear “gatekeeping” function: it tells the reader which of the subsequently numbered articles are to be treated as punitive. ### Why a Separate Gatekeeping Article? Legislators wanted to avoid ambiguity. By placing the determination of punitive status in one location, future amendments to the substantive articles (e.g., adding new offenses or modifying existing ones) would not require a wholesale rewrite of the punitive‑article list. Instead, lawmakers could simply amend the substantive article and rely on Article 137 to automatically confer punitive status, provided the article fell within the designated range.

Text of Article 137

Article 137. Punitive articles.
The following articles of this chapter are punitive articles:
(a) Articles 77 through 134, inclusive;
(b) Such other articles as may be designated by the President pursuant to section 806 of this title.

In plain language, Article 137 declares that all articles numbered 77‑134 are punitive, unless the President expressly excludes them. The second clause allows the President to add additional punitive articles by executive order, a mechanism used sparingly for emerging offenses (e.g., certain cyber‑crimes).

Which Articles Are Covered?

Core Range: Articles 77‑134

Bold note: The range intentionally captures the vast majority of offenses that the military treats as criminal, ranging from traditional crimes to uniquely military violations.

Presidential Additions

Through executive orders, the President has occasionally expanded the punitive list. Examples include:

• Article 115a (added 2006) – Wrongful distribution of intimate visual recordings (often referred to as “revenge porn”).
• Article 126a (added 2018) – Cyberstalking and related electronic harassment.

These additions demonstrate the flexibility built into Article 137: the core range remains static

Implications and Scope of Article137

The designation of Articles 77-134 as punitive articles under Article 137 carries profound practical consequences within the military justice system. Primarily, it establishes the foundational framework for prosecuting a vast spectrum of offenses, from the most fundamental acts of complicity (like Articles 77 and 78) to the gravest crimes against persons and property (Articles 82-92). This core range represents the bedrock of the Uniform Code of Military Justice's criminal jurisdiction, encompassing offenses that would be familiar in civilian criminal law but also incorporating uniquely military violations concerning duty, service obligations, and personal conduct affecting good order and discipline (Articles 105-134).

Crucially, Article 137's mechanism for presidential designation introduces a dynamic element. While the core range remains fixed, the President's authority to designate additional articles (as exercised for Articles 115a and 126a) allows the UCMJ to adapt to evolving societal threats and technological advancements. This ensures the punitive articles remain relevant, addressing offenses like cyberstalking or the non-consensual distribution of intimate images that emerge after the original code was drafted. The President's designation, however, is subject to specific procedural requirements under Section 806, ensuring it is not exercised capriciously.

The scope of Article 137's punitive designation is therefore both extensive and adaptable. It encompasses virtually all traditional criminal offenses within the military's purview, supplemented by a flexible mechanism for addressing novel challenges. This dual nature – a stable core range and a responsive presidential addition process – provides the necessary structure for prosecuting established crimes while permitting the code to evolve. The designation under Article 137 is not merely a label; it is the legal trigger that activates the full spectrum of punitive measures available under the UCMJ for offenses falling within its designated articles, ensuring the military justice system can effectively maintain discipline and enforce standards of conduct across a wide array of offenses.

Conclusion

Article 137 serves as the critical linchpin of the Uniform Code of Military Justice's punitive framework. By formally designating Articles 77 through 134 as punitive articles, it establishes the foundational criminal jurisdiction of the military justice system, covering a comprehensive range of offenses from aiding and abetting to murder, fraud, and military-specific violations. This core designation ensures these articles carry the full weight of punitive sanctions. Simultaneously, the clause allowing the President to designate additional articles (as exemplified by the additions of Articles 115a and 126a) provides essential flexibility. This mechanism enables the UCMJ to adapt to emerging threats and societal changes, such as cyberstalking and non-consensual intimate image distribution, without requiring constant legislative amendment. Together, these provisions create a robust and adaptable system for defining and punishing offenses that undermine military discipline and good order, ensuring the UCMJ remains a relevant and effective instrument of justice within the armed forces.