The Importance of Army Article 115

THE IMPORTANCE OF ARMY ARTICLE 115 4

TheImportance of Army Article 115

Inthe U.S. Army, there are various articles that act as a guide tothose working in the army. Article 115 entails malingering. Accordingto the article, any person that for the sole purpose of avoidingwork, service, or duty feigns physical disablement, illness,derangement or mental lapse, or intentionally inflicts self-injurywill be punishable by the courts martial. The punishment, which willbe granted by the court martial because of malingering need to betaken as directed. The fundamental nature of this offense is to avoidperformance of any duty, service, or work that may properly orusually expected of an individual in the military service. Whether aperson avoids only a certain task or entire duty, it is the intentthat would characterize the offense. The nature of permanency of anyself-inflicted injury is not considered material on the question ofguilt, nor is the significance of a mental or physical disabilitywhich is a pretense. However, evidence of the degree of theself-inflicted injury or pretended disability may be relevant as anelement indicating the absence or presence of the purpose.

Theinjury can be inflicted through nonviolent or violent means, and maybe completed by any act or omission that produces, aggravates, orprolongs any disability or sickness. Therefore, voluntary starvationwhich can result in debility can be considered to be a self-inflictedinjury when done with the sole purpose of avoiding duty, service, orduty. This may constitute a violation of article 115. There are fourelements of proof that concerns malingering. One element of proof isthat the accused was aware of some pending assignment, service orduty, or was assigned some duty. The other element is that the intentof the accused was to avoid service, duty, or work. The third elementis that the accused pretended physical disablement, derangement ormental lapse, illness, or intentionally caused injury upon herself orhimself.

Incase an army officer feigns illness, mental lapse or derangement, orphysical disablement, he/she can be punished through dishonorabledischarge, forfeit all pay as well as allowances, and confinement fora period of one year. In case malingering is during time of war,confinement can be extended to three years. On the other hand,inflicting intentional self-injury, one may face dishonorabledischarge forfeit all pay as well as allowances, and confinement forfive years. In case self-inflicted injury is during time of war,confinement can be extended for 10 years.

Article115 is of immense importance in the U.S. army because it helps inmaintaining discipline in the army. In case this article was absentin the army, there would be a lot of many cases, where army officersfeign illness or inflict self-injury with the primary intention ofavoiding duty, service, or work. This may make the operations of thearmy ineffective since the army may not be in a position of combatingeffectively, where there are officers who feign illness or inflictself-injuries in case they want to avoid duty, work, or service. Thearticle is also important to the U.S. army because it helps in makingarmy officers to adhere to their duty, service, or work withoutfailure. Since the article is punitive, army officers try to avoidpunishments by avoiding acts that may indicate malingering.

References

Powers,R. (2011). Basictraining for dummies.Hoboken, N.J: Wiley.