Article 95a. Disrespect toward sentinel or lookout · MCM ¶ 23
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes3a-23-1DISRESPECT TOWARDS SENTINEL OR LOOKOUT
Maximum punishment
2/3 x 3 months, 3 months, E-1. (Category 1)
Sample specification
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, then knowing that __________ was a sentinel or lookout, wrongfully [use the following disrespectful language “__________,” or words to that effect, to __________, and that such language was directed toward and within the hearing of __________,] [behave in a disrespectful manner toward __________, by __________, and that such behavior was directed toward and within the sight of __________,] the (sentinel) (lookout) in the execution of (his) (her) duty.
Elements
(1) That (state name of the sentinel or lookout alleged) was a (sentinel) (lookout) (state the time and place alleged);
(2) That the accused knew that (state name of the sentinel or lookout alleged) was a (sentinel) (lookout);
(3) That (state the time and place alleged), the accused [used disrespectful language,to wit: (state the disrespectful language alleged)] [behaved in a disrespectful manner, to wit: (state the disrespectful behavior alleged)];
(4) That the (language) (behavior) was wrongful;
(5) That the (language) (behavior) was directed toward and within the (sight) (hearing) of (state name of the sentinel or lookout alleged); and
(6) That (state name of the sentinel or lookout alleged) was at the time in the execution of his/her duties as a (sentinel) (lookout).
Definitions & other instructions
A “sentinel” or a “lookout” is a person whose duties include the requirement to maintain constant alertness, be vigilant, and remain awake, in order to observe for the possible approach of the enemy, or to guard persons, property, or a place and to sound the alert, if necessary.
A (sentinel) (lookout) is in the execution of his/her duties when doing any act or service required or authorized to be done by him/her by (statute) (regulation) (the order of a superior) (or) (by custom of the service).
“Disrespectful” means behavior or language which detracts from the respect due to the authority of a (sentinel) (lookout).
“Wrongful” means without any legal justification or excuse.