NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT:
(1) Feigning: DD, TF, 1 year, E-1. (Category 1)
(2) Feigning in a hostile fire pay zone or in time of war: DD, TF, 3 years, E-1. (Criteria)
(3) Intentional self-inflicted injury: DD, TF, 5 years, E-1. (Category 2)
(4) Intentional self-inflicted injury in a hostile fire pay zone or in time of war: DD, TF, 10 years, E-1. (Criteria)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location) (in a hostile fire pay zone) (on or about __________) (from about __________ to about __________), (a time of war) for the purpose of avoiding ((his) (her) duty as officer of the day) ((his) (her) duty as aircraft mechanic) (work in the mess hall) (service as an enlisted person) (__________) (feign (a headache) (a sore back) (illness) (mental lapse) (mental derangement) (__________)) (intentionally injure himself/herself by _________).
c. ELEMENTS:
(1) That the accused knew of (his) (her) (assignment to) (prospective assignment to) (availability for) the performance of (work) (duty) (service), that is: (state the type of work, duty, or service alleged);
(2) That (state the time and place alleged), the accused
(a) feigned (illness) (physical disablement) (mental lapse) (mental derangement), or
(b) intentionally inflicted injury upon (himself) (herself) by (state the manner alleged); (and)
(3) That the accused’s purpose or intent in doing so was to avoid the (work) (duty) (service); [and]
NOTE 2: In time of war or hostile fire zone. If the offense was committed in time of war or in a hostile fire pay zone, add the following element:
[(4)] That the offense was committed in (time of war) (in a hostile fire pay zone).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Intent” refers to an act done willfully or on purpose.
(“Feign” means to misrepresent by a false appearance or statement, to pretend, to simulate, or to falsify.)
(“Inflict” means to cause, allow, or impose. The injury may be inflicted by nonviolent as well as violent means and may be accomplished by any act or omission that produces, prolongs, or aggravates any sickness or disability. (Thus voluntary starvation that results in a debility is a self-inflicted injury.) (Similarly, the injury may be inflicted by another at the accused’s request.))
NOTE 3: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge and Intent), are ordinarily applicable.