2021 (October Term)
United States v. Richard, 82 M.J. 473 (every element of a criminal offense, including the terminal element of Article 134, UCMJ, must be proven beyond a reasonable doubt and cannot be conclusively presumed based on the accused’s conduct).
(it is well established that the terminal element of the general article is an essential element of the offense).
(Article 134, UCMJ, only applies to conduct that is directly and palpably, as distinguished from indirectly and remotely, prejudicial to good order and discipline).
(the three clauses of the terminal element of Article 134, UCMJ, are separate and distinct, and disorders and neglects to the prejudice of good order and discipline is not synonymous with conduct of a nature to bring discredit upon the armed forces).
(no misconduct can be considered per se prejudicial to good order and discipline under Article 134, UCMJ).
(with respect to misconduct that is prejudicial to good order and discipline under Article 134, the misconduct must be activity against good order that affects the condition of tranquility, security, and good government of the military service).
(prejudice to good order and discipline can be assumed or implied based on the misconduct of the accused).