Maximum punishment

(1) In time of war or hostile fire pay zone: DD, TF, 5 years, E-1. (Criteria)

(2) Otherwise: DD, TF, 2 years, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location) (in a hostile fire pay zone), on or about __________, (a time of war) intentionally injure (himself) (herself) by __________(nature and circumstances of injury), and that such conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).

Elements

(1) That (state the time and place alleged), the accused intentionally inflicted injury upon (himself) (herself) by (state the manner alleged); (and)

(2) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces); [and]

[(3) That the offense was committed (in time of war) (in a hostile fire pay zone).]

Definitions & other instructions

“Intentionally” means the act was done willfully or on purpose.

“Inflict” means to cause, allow, or impose. The injury may be inflicted by nonviolent as well as violent means and may be accomplished by any act or omission that produces, prolongs, or aggravates a sickness or disability. (Thus, voluntary starvation that results in a disability is a self-inflicted injury.) (Similarly, the injury may be inflicted by another at the accused’s request.)

It is not required that the accused be unable to perform duties, or that the accused actually be absent from his or her place of duty as a result of the injury. The circumstances and extent of injury, however, are relevant to a determination that the accused's conduct was (prejudicial to good order and discipline) (or) (service discrediting).

(“Conduct prejudicial to good order and discipline” is conduct that causes a reasonably direct and obvious injury to good order and discipline.)

(“Service discrediting conduct” is conduct which tends to harm the reputation of the service or lower it in public esteem.)

The government has alleged that the conduct in question in (The) Specification (___) of (The) (Additional) Charge (___) was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. To convict the accused of the offense charged, you must be convinced beyond a reasonable doubt of all the elements, including that the accused’s conduct was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. If you are convinced of all the elements except the element of the service discrediting nature of the conduct, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “of a nature to bring discredit upon the armed forces.” On the other hand, if you are convinced of all the elements except the element of prejudice to good order and discipline in the armed forces, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “to the prejudice of good order and discipline in the armed forces.” Of course, if you are convinced beyond a reasonable doubt that the conduct in question was both to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces, then you may convict the accused as charged provided you are convinced beyond a reasonable doubt as to the other elements of (The) Specification (___) of (The) (Additional) Charge (___).