Maximum punishment

(1) Disorderly conduct.

(a) Bringing discredit upon the military: 2/3 x 4 months, 4 months, E-1. (Category 1)

(b) Other cases: 2/3 x 1 month, 1 month, E-1. (Category 1)

(2) Drunkenness.

(a) Aboard ship or bringing discredit upon the military: 2/3 x 3 months, 3 months, E-1. (Category 1)

(b) Other cases: 2/3 x 1 month, 1 month, E-1. (Category 1)

(3) Drunk and disorderly.

(a) Aboard ship: BCD, TF, 6 months, E-1. (Category 1)

(b) Bringing discredit upon the military: 2/3 x 6 months, 6 months, E-1. (Category 1)

(c) Other cases: 2/3 x 3 months, 3 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), was, (at/on board—location), on or about __________, (drunk) (disorderly) (drunk and disorderly) (which conduct was of a nature to bring discredit upon the armed forces), and that said 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 was of a nature to bring discredit upon the armed forces).

Elements

(1) That (state the time and place alleged), the accused was (drunk) (disorderly) (drunk and disorderly) (on board ship); 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).

Definitions & other instructions

(“Conduct prejudicial to good order and discipline” is conduct which 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.)

(“Disorderly” refers to conduct which is of such a nature as to affect the peace and quiet of persons who may witness it and who may be disturbed or provoked to resentment thereby. It includes conduct that endangers public morals or outrages public decency and any disturbance of a contentious or turbulent character.)

(“Drunk” means any intoxication which is sufficient to impair the rational and full exercise of the mental or physical faculties.)

A person is drunk who is under the influence of an intoxicant so that the use of (his) (her) faculties is impaired. Such impairment did not exist unless the accused’s conduct due to intoxicating (liquors) (drugs) was such as to create the impression within the minds of observers that (he) (she) was unable to act like a normal, rational person.

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 (___).