To support a conviction for false swearing under Article 131 of the UCMJ, the prosecution must prove three elements beyond a reasonable doubt. This offense is a form of perjury but can occur in a wider range of situations. First, the prosecution must prove that the service member took a lawful oath or an authorized equivalent, such as a sworn affidavit or a declaration under penalty of perjury. The oath must have been administered by a person who was legally authorized to do so.
Second, the government must prove that the service member made a specific statement under that oath and that the statement was false. The falsity of the statement must be a material fact, not a trivial detail. The prosecution must present evidence to show that the statement was untrue at the time it was made. This often requires the testimony of other witnesses or documentary evidence that directly contradicts the accused’s sworn statement.
Third, and most critically, the prosecution must prove that the service member knew the statement was false at the time they made it. This is the element of “willfulness.” An honest mistake, a misrecollection, or a statement that was the result of confusion is not enough for a conviction. The government must prove a conscious and deliberate intent to be untruthful while under oath. A defense attorney will attack this element, arguing that their client believed their statement to be true, even if it later turned out to be inaccurate.