Uniform Code of Military Justice may add animal cruelty as an offense

A recent public hearing held by the Commission of Military Justice in Washington last week suggested adding language to specifically address the issues of animal cruelty in the Uniform Code of Military Justice. Animal cruelty is a felony in more than 30 states, and a misdemeanor in others, but no consequences specifically exist for servicemen stationed overseas.

The Uniform Code of Military Justice, or the UCMJ, is the military code of law which seeks to create a consistent set of laws and code of conduct for all members of the armed forces. It spells out what behaviors are not acceptable and the consequential punishments for minor and major offenses. Most offenses are covered with very specific language like False Enlistment, Failure to follow orders, Disrespect toward a superior officer, Murder, Stalking, Operating a vehicle under the influence, etc. Even check bouncing is covered under the UCMJ as “Making, drawing, or uttering check, draft, or order without sufficient funds” with its own set of consequences in the military justice system. One item that is not currently covered under the UCMJ is neglect and cruelty toward pets (military working dogs are covered specifically as they are US Military property).

Nowhere in the UCMJ is there any language to suggest that animal abuse is behavior unbecoming of a serviceman. Article 134 of the UCMJ is a catch-all article that is commonly used to address offenses not specifically listed in the code and charges of animal cruelty can, in theory, be brought upon a serviceman using this article. However, the charges would have to be brought by a superior officer who felt that the charges were worth his/her time.

Article 134. General article:
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special , or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Though the details of the proposed animal cruelty article are yet unknown, it may likely address not only issues of direct abuse/cruelty toward animals but also charges of animal abandonment when servicemen change stations and leave pets behind with no caretaker. This issue is complicated, however, by bans on certain breeds of dogs on all US Army bases as well as some Air Force and Naval bases. If animal abandonment is addressed as a crime, as it should be, it sends a mixed message to servicemen who do the right thing: adopt an animal and intend to keep it for the rest of its life, no matter what their own lives throw their way. If the UCMJ wants to send the message that abandoning an animal is wrong, and it is, it should also understand that with the bans on certain breeds of dog (regardless of the individual dog’s temperament) soldiers are receiving mixed signals: Animals have worth and value and must be treated appropriately…. but we do not value certain breeds.

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