Court-Martial Trial Practice Blog
There are new reports that gambling by servicemembers is becoming a significant problem.
Patty Nieberg, Gambling addiction in the military may be going unnoticed, advocates warn. Task & Purpose, 3 July 2025.
Gambling is not per se criminalized under the Uniform Code of Military Justice (UCMJ), but it can be punished under several punitive articles when associated with misconduct that undermines good order and discipline. This is something your military defense counsel should know and be prepared to defend against.
1. No Standalone Article for Gambling
There is no specific article in the UCMJ that expressly prohibits gambling in general (e.g., betting on sports or playing poker). However, gambling may violate service regulations or become punishable when connected to other offenses under the UCMJ.
2. Punitive Articles Commonly Used in Gambling-Related Misconduct
a. Article 92 – Failure to Obey a Lawful Order or Regulation
If a service member violates a lawful general regulation that prohibits gambling (such as those found in service-specific instructions), they may be prosecuted under Article 92, UCMJ.
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For example, Army Regulation 600-20, para. 4-14, and Navy Regulations Article 1165 prohibit certain forms of gambling, particularly in duty areas or involving Government resources.
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Violation of these may be prosecuted as a violation of a lawful general order.
Case law:
United States v. Beaty, 70 M.J. 39 (C.A.A.F. 2011) (affirming that a general order must be lawful and not vague; enforcement of service-wide prohibitions, like gambling on duty, must be clear and specific to hold under Article 92).
b. Article 134 – General Article (“Conduct Prejudicial to Good Order and Discipline”)
Article 134 is often used to prosecute misconduct that undermines discipline but is not specifically criminalized elsewhere.
If gambling:
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occurs on duty or in the workplace,
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involves subordinates or superiors (creating undue influence or favoritism),
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leads to indebtedness or financial irresponsibility, or
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becomes associated with fraud or theft,
…it may be prosecuted under Article 134 as:
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Conduct prejudicial to good order and discipline, or
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Service-discrediting conduct.
Manual for Courts-Martial (2024), Part IV, para. 91(c)(6):
Recognizes gambling as potentially service-discrediting or prejudicial conduct under Article 134 depending on the facts.
3. Other Potential Articles for Related Misconduct
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Article 123 – Forgery, if gambling involves altered documents or checks.
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Article 121 – Larceny, if theft funds gambling activities.
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Article 133 – Conduct Unbecoming an Officer, if an officer engages in gambling that brings discredit or undermines the officer’s integrity.
4. Administrative Consequences
Even absent court-martial charges, gambling can lead to:
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Letters of reprimand,
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Adverse evaluation reports,
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Nonjudicial punishment under Article 15, UCMJ,
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Security clearance revocation (especially if it causes debt),
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Administrative separation for misconduct.
An enlisted person who is an NCO or Petty Officer can be prosecuted at court-martial for gambling with a subordinate, for which the maximum punishment could include up to three months confinement and forfeitures of pay for up to three months.
Under Article 134, UCMJ (the general article) the prosecution would have to prove:
(1) Gambling with a Servicemember.
(2) While you are a noncommissioned or petty officer, the Servicemember wasn’t.
(4) The servicemember was a subordinate to you;
(4) Youknew that the Servicemember was not a noncommissioned or petty officer and was subordinate to you; and
(5) The conduct was either: (i) to the prejudice of good order and discipline; or (ii) was of a nature to bring discredit upon the armed forces.
That you are addicted to gambling is not a defense to a prosecution under Article 134. However, it might be mitigating at sentencing.
In the Wallace case, the Court of Appeals for the Armed Forces had ruled that a gambling addiction could be a defense to certain offenses such as passing bad checks. In United States v. Falcon, the same court ruled that there is no gambling defense to passing bad checks when they are presented to settle a gambling debt. Falcon has a good discussion of the gambling defense in prosecutions under the UCMJ.