Article 131b of the UCMJ, which criminalizes obstructing justice, is directly applicable to the destruction of digital evidence. The article makes it an offense for a person to wrongfully do an act with the intent to influence, impede, or retaliate against any party, witness, or juror in a legal proceeding. The intentional destruction of digital evidence, such as text messages, emails, photos, or computer files, that a person knows is relevant to a pending investigation or court-martial is a classic form of obstruction.
To prosecute under this article, the government must prove beyond a reasonable doubt that the accused knew about the pending legal proceeding and that they intentionally destroyed the digital evidence with the specific purpose of preventing it from being used. The act of destruction itself, especially if it occurs shortly after the accused is questioned by investigators or learns of the investigation, is powerful circumstantial evidence of their corrupt intent.
A military defense attorney would find this charge very difficult to defend against. They might argue that the deletion was accidental or was part of a routine data-clearing process without any knowledge of the investigation. However, this is often not a credible defense. Forensic investigators can often recover the deleted data and can also determine the exact time it was deleted. A conviction for obstruction of justice is a very serious felony-level offense, reflecting the importance of protecting the integrity of the evidence in any legal case.