Article 134 — Disorderly conduct, drunkenness

Part IV · Punitive Articles

Article 134. Disorderly conduct, drunkenness · MCM ¶ 98

2024 Manual for Courts-Martial, United States

(a) Text of statute. See paragraph 91 .

(b) Elements.

(1) That the accused was drunk, disorderly, or drunk and disorderly on board ship or in some other place; and

(2) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

(1) Drunkenness. See subparagraph 49.c.(1)(a) for a discussion of drunk.

(2) Disorderly. Disorderly conduct is conduct 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.

(3) Service discrediting. Conduct of a nature to bring discredit upon the armed forces must be included in the specification and proved in order to authorize the higher maximum punishment when the offense is Service discrediting.

(d) Maximum punishment.

(1) Disorderly conduct.

(a) Under such circumstances as to bring discredit upon the military Service. Confinement for 4 months and forfeiture of two-thirds pay per month for 4 months.

(b) Other cases. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

(2) Drunkenness.

(a) Aboard ship or under such circumstances as to bring discredit upon the military Service. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.

(b) Other cases. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

(3) Drunk and disorderly.

(a) Aboard ship. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

(b) Under such circumstances as to bring discredit upon the military Service. Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months.

(e) Sample specification. In that __________ (personal jurisdiction data), was, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, (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).

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3a-98-1DISORDERLY CONDUCT, DRUNKENNESS

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

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)

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.)

NOTE 2. Further definitions of “drunk”. If further clarification is needed, the military judge may instruct as follows:

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.

NOTE 3. Conduct pled as both prejudicial to good order and discipline and service discrediting. When the conduct is pled as both prejudicial to good order and discipline and service discrediting, the following instruction should be given:

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 (___).

Source: Instruction 3a-98-1 · view original on jagcnet.army.mil