UCMJ Article 134: Drunk and Disorderly Conduct

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The Manual for Courts-Martial treats disorderly conduct, drunkenness, and drunk and disorderly conduct as one Article 134 offense with seven maximum-punishment tiers, and the tier depends on where the conduct happened and whether it was service-discrediting. Drunk and disorderly conduct aboard ship authorizes a bad-conduct discharge and 6 months; service-discrediting drunk and disorderly conduct elsewhere authorizes 6 months without a discharge; other cases, 3 months.

The elements

The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 98.b, requires two things:

  1. The accused was drunk, disorderly, or drunk and disorderly, on board ship or in some other place.
  2. Under the circumstances, the conduct was to the prejudice of good order and discipline in the armed forces, was of a nature to bring discredit upon the armed forces, or both.

The second element is the Article 134 terminal element. It comes from the text of 10 U.S.C. § 934, which reaches “all disorders and neglects to the prejudice of good order and discipline in the armed forces” and “all conduct of a nature to bring discredit upon the armed forces.” It is proved on the facts of each case; the drinking itself does not establish it.

What “drunk” and “disorderly” mean

Drunk. The Manual borrows the definition from its Article 112 paragraph (¶ 49.c(1)(a)). There are two alternative tests: intoxication by alcohol “sufficient to impair the rational and full exercise of mental or physical faculties,” or meeting or exceeding 0.08 grams of alcohol per 100 milliliters of blood, or per 210 liters of breath, as shown by chemical analysis. A chemical result at or above that level can establish drunkenness without proof of visible impairment.

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” (¶ 98.c(2)). Being visibly intoxicated, without more, is drunkenness, not disorderly conduct.

Service-discrediting must be charged to get the higher tier

Under ¶ 98.c(3), 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.” If the specification alleges only prejudice to good order and discipline, the lower “other cases” tier is the ceiling. The wording of the charge sheet therefore sets the exposure before any evidence is heard.

Seven tiers of punishment

From ¶ 98.d:

Offense Circumstance Maximum
Disorderly conduct Service-discrediting 4 months; forfeiture of two-thirds pay per month for 4 months
Disorderly conduct Other cases 1 month; forfeiture of two-thirds pay per month for 1 month
Drunkenness Aboard ship, or service-discrediting 3 months; forfeiture of two-thirds pay per month for 3 months
Drunkenness Other cases 1 month; forfeiture of two-thirds pay per month for 1 month
Drunk and disorderly Aboard ship Bad-conduct discharge, forfeiture of all pay and allowances, 6 months
Drunk and disorderly Service-discrediting 6 months; forfeiture of two-thirds pay per month for 6 months
Drunk and disorderly Other cases 3 months; forfeiture of two-thirds pay per month for 3 months

Only the aboard-ship tier of drunk and disorderly conduct authorizes a punitive discharge.

Nonjudicial punishment and its time limit

Because the court-martial ceilings are low, an early decision in a case like this can be whether to accept nonjudicial punishment under Article 15 or, unless attached to or embarked in a vessel, demand trial by court-martial instead (10 U.S.C. § 815(a)). Article 15 punishment may not be imposed for an offense committed more than two years before the punishment is imposed (10 U.S.C. § 843(b)(3)).

When another article fits instead

Drunkenness tied to duty is charged under Article 112, which covers being drunk on duty, being incapacitated for duty from prior drinking or drug use, and being a drunk prisoner. Driving or controlling a vehicle, aircraft, or vessel while drunk or over the alcohol limit is Article 113. A fight that injures someone can bring an assault charge under Article 128, with its own maximums. How the terminal element and the three clauses of Article 134 work across its enumerated offenses is explained under the general article.

Sources

General information about military law, not legal advice for any individual case.

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