Hazing could soon become a specific charge under military law

Hazing could become a specific charge under the Uniform Code of Military Justice, under a provision in the upcoming fiscal year’s defense spending bill.

The proposal would require the Secretary of Defense and the Joint Service Committee on Military Justice to consider adding hazing to the UCMJ as a standalone offense or as a modifier to other charges. That might mean adding hazing as a specific offense under Article 93, which bans cruelty, oppression, or maltreatment of subordinates. The proposal was included in the Senate version of the National Defense Authorization Act for fiscal year 2027, which Congress is currently debating.

Hazing cases are currently charged as Article 93 for cruelty and maltreat which can carry up to three years in prison and a dishonorable discharge. In 2019, Congress amended Article 93 to outlaw abuse of a training leadership position. The charge carries up to a five-year prison sentence, and applies to drill instructors at boot camp and other specific training situations.

The majority of Article 93 charges usually include a clear superior and subordinate relationship, but “hazing doesn’t always have to be someone superior to you,” said Guy Womack, a military defense lawyer and retired Marine Corps lieutenant colonel. “This would make it more clear what is being outlawed, and what kind of relationship of superiority or seniority even applies.”

Womack said that as the laws have changed and the culture has shifted on what is considered acceptable, certain practices have gone away. He gave the example of so-called “blood pinning” in the Marine Corps, an unofficial practice which involved newly promoted Marines getting their metal rank insignia affixed to their collar, but instead of attaching the pin to the backing, members of their unit would take turns hammering the rank with their fists, driving the studs into the skin and pinning it in place.

“It would hurt. It wasn’t fatal. It was painful,” he said. “A lot of units did that as they…