Drunk on Duty, Article 112 of the UCMJ

Punitive Articles of the Uniform Code of Military Justice

soldier in fatigues holding a drink

Information derived from Manual for Court Martial, 2002, Chapter four, Paragraph 36

Uniform Code of Military Justice (UCMJ) is a Congressional code of military criminal regulation this is relevant to all navy contributors. One segment of the UCMJ offers with the punishment for any military member who's located to be inebriated whilst on obligation.

“Any individual concern to this bankruptcy aside from sentinel or appearance-out, who is found drunk on responsibility, will be punished as a court docket-martial may additionally direct.”

Elements.

(1) That the accused changed into on a sure duty; and

(2) That the accused turned into found under the influence of alcohol whilst in this duty.

Explanation.

(1) Drunk. See paragraph 35c(6).

(2) Duty. “Duty” as used in this text means navy duty. Every duty which an officer or enlisted individual may additionally legally be required with the aid of advanced authority to execute is always a military duty. Within the meaning of this text, whilst within the actual exercising of command, the commander of a publish, or of a command, or of a detachment in the subject is constantly on obligation, as is the commanding officer on board a deliver. In the case of other officials or enlisted individuals, “on obligation” pertains to duties or recurring or detail, in garrison, at a station, or within the subject, and does now not relate to those intervals whilst, no obligation being required of them by means of orders or regulations, officers and enlisted individuals occupy the status of enjoyment referred to as “off duty” or “on liberty.” In a vicinity of lively hostilities, the occasions are frequently such that each one individuals of a command may properly be considered as being continuously on responsibility inside the which means of this text. So also, an officer of the day and contributors of the protect, or of the watch, are on duty during their complete tour inside the meaning of this text.

(three) Nature of offense. It is important that the accused be found under the influence of alcohol whilst truly on the responsibility alleged, and the fact the accused became drunk earlier than occurring responsibility, although fabric in extenuation, does not affect the query of guilt. If, however, the accused does no longer undertake the obligation or enter upon the responsibility in any respect, the accused’s behavior does not fall inside the phrases of this article, nor does that of a person who absents himself or herself from responsibility and is observed drunk even as so absent. Included in the article is drunkenness at the same time as on responsibility of an anticipatory nature such as that of an plane team ordered to stand by using for flight obligation, or of an enlisted man or woman ordered to stand by for guard duty.

(4) Defenses. If the accused is known by using superior authorities to be under the influence of alcohol at the time obligation is assigned, and the accused is thereafter allowed to assume that responsibility besides, or if the drunkenness outcomes from an accidental overdosage administered for medicinal purposes, the accused may have a defense to this offense. But see paragraph 76 (incapacitation for obligation).