UCMJ Article 101 Improper Use of Countersign vs Article 106a Wearing Unauthorized Insignia/Impersonation: Security Breaches vs False Identity
On this page: 6 sections
Pairing the countersign offense with unauthorized insignia and impersonation spans three articles, not two. Article 101 punishes only wartime misuse of a parole or countersign. Article 106a punishes wearing an insignia, decoration, badge, ribbon, device, or lapel button one is not authorized to wear. Impersonating an officer, noncommissioned or petty officer, agent, or official is a separate offense, Article 106.
The two false-identity offenses can overlap, since wearing another rank’s insignia can be the manner of an impersonation. The countersign offense stands apart: it exists only in time of war and carries a possible death sentence.
Article 101: the countersign in time of war
Any person subject to this chapter who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished by death or such other punishment as a court-martial may direct.
Source: 10 U.S.C. § 901 (Article 101).
The Manual for Courts-Martial defines the terms narrowly (MCM, Part IV, ¶ 29.c(1)-(2)):
- A countersign is “a word, signal, or procedure given from the principal headquarters of a command to aid guards and sentinels in their scrutiny of persons who apply to pass the lines,” made up of a secret challenge and a password, signal, or procedure.
- A parole is a word used as a check on the countersign, given only to those entitled to inspect guards and to commanders of guards.
Nothing in that definition extends to computer passwords or network access codes. The article has two offenses, both limited to “time of war”: disclosing the parole or countersign to someone not entitled to it, and giving an entitled person a different one from the one the accused knew he or she was required to give (¶ 29.b).
The disclosure offense is strict. Intent and motive are immaterial, a negligent or inadvertent disclosure is still an offense, and “It is no defense that the accused did not know that the person to whom the countersign or parole was given was not entitled to receive it.” Before disclosing, a person “must determine at that person’s peril” that the recipient is authorized (¶ 29.c(3)-(4)).
Article 106a: wearing what one has not earned
(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).
The wearing is wrongful when it is intentional and the accused actually knew he or she was not entitled to the item. Wearing an item “in jest or for an innocent or legitimate purpose,” such as a costume or legitimate law enforcement activity, is not unauthorized (¶ 40.c). The statute contains no intent-to-deceive element.
Article 106: holding oneself out as someone else
Article 106 punishes anyone subject to the UCMJ who “wrongfully and willfully” impersonates an officer, a noncommissioned or petty officer, an agent of superior authority of one of the armed forces, or an official of a government (10 U.S.C. § 906(a)). Subsection (b) covers impersonation with intent to defraud, and subsection (c) covers impersonating a government official without intent to defraud by an act that exercises or asserts the authority of the claimed office.
“Willful” means “with the knowledge that one is falsely holding one’s self out as such.” The offense “does not depend upon the accused deriving a benefit from the deception or upon some third party being misled,” although either aggravates it (¶ 39.c(1), (3)). The Manual’s sample specification lists “publicly wearing the uniform and insignia of rank” of a higher grade as one way the impersonation can be done (¶ 39, sample specification).
How the facts sort
| Article 101 | Article 106a | Article 106 | |
|---|---|---|---|
| Time of war | Required | Not required | Not required |
| Core act | Disclosing a parole or countersign, or giving a false one | Wearing an unauthorized item | Holding oneself out as an officer, NCO, agent, or official |
| Mental state | Intent immaterial for disclosure; knowledge required for giving a different one | Actual knowledge of non-entitlement | Knowledge of falsely holding oneself out; intent to defraud for the aggravated form |
| Maximum | Death or other punishment | 6 months, or 1 year for the listed high decorations | 6 months, or 3 years with intent to defraud |
For example, a corporal who wears a staff sergeant’s rank insignia to a party as a joke, with no one misled and no one asked to treat the corporal as a staff sergeant, raises the Article 106a question and the Manual’s exception for wearing “in jest.” Wearing the same insignia at a checkpoint to get through by claiming the staff sergeant’s authority is another matter: that conduct raises impersonation under Article 106 as well. Neither involves Article 101, which requires a parole or countersign and a time of war. Whether a wearing was innocent, and whether an impersonation was willful, depend on what the accused knew and did (¶ 39.c(3), ¶ 40.c).
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 29.d, ¶ 39.d, ¶ 40.d) |
|---|---|
| Improper use of countersign | Death or such other punishment as a court-martial may direct |
| Impersonation with intent to defraud | Dishonorable discharge, forfeiture of all pay and allowances, 3 years |
| Impersonation, all other cases | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
| 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 |
In a capital case, the members decide whether a death-eligible conviction results in death or life without eligibility for parole, or return the matter to the military judge (10 U.S.C. § 853(c)(1)). In other cases in a general or special court-martial, where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence (§ 853(b)(1)).
Sources
- 10 U.S.C. § 901, improper use of countersign (Article 101)
- 10 U.S.C. § 906a, wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button (Article 106a)
- 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, ¶ 29, ¶ 39, and ¶ 40.
Legal information on Articles 101, 106, and 106a; no uniform, credential, or security incident is assessed. 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.