UCMJ Article 134 Wearing Unauthorized Insignia vs Article 121 Obtaining by False Pretenses: Display Fraud vs Taking Fraud
On this page: 5 sections
Wearing unauthorized insignia has been its own article, Article 106a, since January 1, 2019, rather than an Article 134 offense. It punishes wearing, on a uniform or civilian clothing, an insignia, decoration, badge, ribbon, device, or lapel button the wearer knows he or she is not entitled to wear. Larceny by false pretenses under Article 121 punishes using a false representation to obtain someone else’s money or property. The first offense is complete when the item is worn and requires no fraud or intent to deceive; the second requires that something of value be obtained.
The two can meet. The Manual for Courts-Martial says a false pretense “may be made by means of any act, word, symbol, or token” (MCM, Part IV, ¶ 64.c(1)(e)), and an unearned decoration can serve as one.
Article 106a
(1) who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and
(2) who wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing;
Source: 10 U.S.C. § 906a (Article 106a), added by Pub. L. 114-328, § 5418.
The elements are wearing the item on a uniform or civilian clothing, lack of authorization, and wrongfulness, with an added element when the item is one of the listed high decorations (¶ 40.b). The Manual explains (¶ 40.c):
- Authorization is governed by Department of Defense and service regulations.
- Wrongful means the wearing was intentional and the accused “knew that the accused was not entitled to wear it.” Actual knowledge is required, though it may be proved circumstantially.
- Innocent purposes are outside the article: wearing an item “in jest or for an innocent or legitimate purpose,” such as part of a costume or for legitimate law enforcement activities, is not unauthorized.
The statute punishes wearing. It does not reach displaying a medal in a frame or claiming an award in conversation without wearing it.
Impersonating an officer, noncommissioned or petty officer, or agent or official is a separate offense, Article 106.
Larceny by false pretenses under Article 121
Article 121 reaches a person who “wrongfully takes, obtains, or withholds” property with the required intent (10 U.S.C. § 921(a)). For obtaining by false pretense, the Manual’s explanation sets these requirements (¶ 64.c(1)(e)):
- the pretense can be “any act, word, symbol, or token”;
- it must be false when made and when the property is obtained, and knowingly false;
- it must be a false representation of a past or existing fact, which can include a person’s own “power, authority, or intention”;
- it need not be the only cause, but it must be “an effective and intentional cause of the obtaining”; a false statement made after the property was obtained does not violate Article 121.
When the thing obtained is a service rather than money or property, the offense is Article 121b, false pretenses to obtain services, which requires intent to defraud and knowledge that the pretenses were false (¶ 66).
How the facts sort
| Article 106a | Article 121 (false pretenses) | Article 121b | |
|---|---|---|---|
| Core act | Wearing an item one is not authorized to wear | Obtaining property by a false representation | Obtaining services by false pretenses |
| Anything obtained | Not required | Money, personal property, or an article of value | A service of some value |
| Mental state | Actual knowledge of non-entitlement; intentional wearing | Knowing falsity plus intent to deprive or appropriate | Knowing falsity plus intent to defraud |
| Where the deception appears | On the uniform or clothing | Any act, word, symbol, or token | Any false pretense |
For example, a service member who wears a Purple Heart ribbon on dress blues at a unit ball, knowing it was never awarded, commits the Article 106a offense even if no one is misled and nothing is gained. The picture changes if the same service member wears the unearned ribbon to a veterans’ fundraiser and receives a cash gift intended for wounded veterans: the wearing remains an Article 106a offense, and the cash obtained through the false token raises larceny by false pretenses. If what was obtained was a service rather than money or property, the obtaining falls under Article 121b rather than Article 121. Whether the representation was an effective and intentional cause of the obtaining is proved from the evidence of what moved the giver to part with the money.
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 40.d, ¶ 64.d, ¶ 66.d) |
|---|---|
| Wearing the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, or a valor device without authorization | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| Wearing any other unauthorized insignia or decoration | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
| Larceny, $1,000 or less | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| Larceny of property other than military property, more than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Larceny of military property, more than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
| Obtaining services by false pretenses, $1,000 or less | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| Obtaining services by false pretenses, more than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
Larceny of any motor vehicle, aircraft, vessel, firearm, or explosive carries the higher maximums regardless of value (¶ 64.d). Where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial, other than a capital case (10 U.S.C. § 853(b)(1)).
Sources
- 10 U.S.C. § 906a, wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button (Article 106a)
- 10 U.S.C. § 921, larceny and wrongful appropriation (Article 121)
- 10 U.S.C. § 921b, false pretenses to obtain services (Article 121b)
- 10 U.S.C. § 906, impersonation of officer, noncommissioned or petty officer, or agent or official (Article 106)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 40, ¶ 64, and ¶ 66.
A description of Articles 106a, 121, and 121b as written and explained in the Manual; it does not assess anyone’s awards or any transaction. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.