10 U.S.C. § 933 — Art. 133. Conduct unbecoming an officer

Page 836 TITLE 10—ARMED FORCES § 931g menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 931g. Art. 131g. Wrongful interference with ad- verse administrative proceeding Any person subject to this chapter who, hav- ing reason to believe that an adverse adminis- trative proceeding is pending against any person subject to this chapter, wrongfully acts with the intent— (1) to influence, impede, or obstruct the con- duct of the proceeding; or (2) otherwise to obstruct the due administra- tion of justice; shall be punished as a court-martial may direct. (Added Pub. L. 114–328, div. E, title LX, § 5449, Dec. 23, 2016, 130 Stat. 2957.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 932. Art. 132. Retaliation (a) IN GENERAL.—Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a crimi- nal offense or making or planning to make a protected communication— (1) wrongfully takes or threatens to take an adverse personnel action against any person; or (2) wrongfully withholds or threatens to withhold a favorable personnel action with re- spect to any person; shall be punished as a court-martial may direct. (b) DEFINITIONS.—In this section: (1) The term ‘‘protected communication’’ means the following: (A) A lawful communication to a Member of Congress or an Inspector General. (B) A communication to a covered indi- vidual or organization in which a member of the armed forces complains of, or discloses information that the member reasonably be- lieves constitutes evidence of, any of the fol- lowing: (i) A violation of law or regulation, in- cluding a law or regulation prohibiting sexual harassment or unlawful discrimina- tion. (ii) Gross mismanagement, a gross waste of funds, an abuse of authority, or a sub- stantial and specific danger to public health or safety. (2) The term ‘‘Inspector General’’ has the meaning given that term in section 1034(j) of this title. (3) The term ‘‘covered individual or organi- zation’’ means any recipient of a communica- tion specified in clauses (i) through (v) of sec- tion 1034(b)(1)(B) of this title. (4) The term ‘‘unlawful discrimination’’ means discrimination on the basis of race, color, religion, sex, or national origin. (Added Pub. L. 114–328, div. E, title LX, § 5450, Dec. 23, 2016, 130 Stat. 2957; amended Pub. L. 115–91, div. A, title X, § 1081(c)(1)(Q), Dec. 12, 2017, 131 Stat. 1599.) Editorial Notes PRIOR PROVISIONS A prior section 932 was renumbered section 924 of this title. AMENDMENTS 2017—Subsec. (b)(2). Pub. L. 115–91 substituted ‘‘sec- tion 1034(j)’’ for ‘‘section 1034(h)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under sec- tion 801 of this title. EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 933. Art. 133. Conduct unbecoming an officer Any commissioned officer, cadet, or mid- shipman who is convicted of conduct unbecom- ing an officer shall be punished as a court-mar- tial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L. 117–81, div. A, title V, § 542(a), Dec. 27, 2021, 135 Stat. 1709.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 933 .......... 50:727. May 5, 1950, ch. 169, § 1 (Art. 133), 64 Stat. 142. The word ‘‘commissioned’’ is inserted for clarity. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81 struck out ‘‘and a gentleman’’ after ‘‘an officer’’ in section catchline and text. § 934. Art. 134. General article Though not specifically mentioned in this chapter, all disorders and neglects to the preju- dice 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 cog- nizance of by a general, special, or summary court-martial, according to the nature and de- gree of the offense, and shall be punished at the discretion of that court. As used in the pre- ceding sentence, the term ‘‘crimes and offenses not capital’’ includes any conduct engaged in