UCMJ Article 110: Improper Hazarding of a Vessel or Aircraft
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Article 110 punishes putting a military vessel or aircraft in danger of loss or injury, either willfully and wrongfully or through negligence. The two branches carry very different maximums: willful and wrongful hazarding is punishable by death or such other punishment as a court-martial may direct, while negligent hazarding carries a dishonorable discharge, forfeiture of all pay and allowances, and 2 years of confinement.
Text of § 910
Under 10 U.S.C. § 910:
- (a) Willful and wrongful hazarding. “Any person subject to this chapter who, willfully and wrongfully, hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished by death or such other punishment as a court-martial may direct.”
- (b) Negligent hazarding. “Any person subject to this chapter who negligently hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished as a court-martial may direct.”
Before the amendment made by Pub. L. 114-328, effective January 1, 2019, the article named only vessels. The current text adds aircraft.
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 47.b, sets two elements: a vessel or aircraft of the armed forces was hazarded in a certain manner, and the accused, by certain acts or omissions, willfully and wrongfully, or negligently, caused or suffered it to be hazarded.
Danger is enough; damage proves only the danger
“Hazard” means “to put in danger of loss or injury” (¶ 47.c(1)). No damage is required. When damage or loss does occur, by collision, stranding, running upon a shoal or rock, or any other cause, the Manual treats it as “conclusive evidence that the vessel or aircraft was hazarded but not of the fact of culpability on the part of any particular person.” A grounding proves the first element; it does not prove who, if anyone, is guilty.
“Strand” means to run a vessel aground so that it is fast for a time.
Willful, wrongful, or negligent
- Willfully means intentionally, and wrongfully means contrary to law, regulation, lawful order, or custom (¶ 47.c(2)).
- Negligence is the failure to exercise the care, prudence, or attention to duties that the Government’s interests require of a prudent and reasonable person in the circumstances. It may be an omission or an act (¶ 47.c(3)).
Two limits run in opposite directions. A member is not excused for failing to perform duties imposed by the general responsibilities of grade or rank, or by the customs of the service for the safety of vessels and aircraft, “simply because these duties are not specifically enumerated in a regulation or order.” But “a mere error in judgment that a reasonably able person might have committed under the same circumstances does not constitute an offense under this article.”
Hazarding by standing by
“To suffer” means to allow or permit (¶ 47.c(4)). A person not in direct control can still commit the offense. The Manual’s examples: a navigator of a ship under way who sees a radar target on a collision course, dangerously close, and fails to report it to the officer of the deck; or an aircraft’s copilot or navigator who similarly fails to report an imminent danger. Knowing the danger is imminent and taking no steps makes the suffering willful. Suffering through neglect is an omission to take appropriate measures against a foreseeable danger.
Ships, aircraft, and unmanned systems
“Vessel” follows 1 U.S.C. § 3, and “aircraft” follows 18 U.S.C. § 31(a)(1). The Manual adds that aircraft “includes remotely piloted aircraft and unmanned aerial vehicles” (¶ 47.c(5)-(6)).
Death for willful hazarding, 2 years for negligence
From ¶ 47.d:
| Branch | Maximum |
|---|---|
| Willfully and wrongfully | Death or such other punishment as a court-martial may direct |
| Negligently | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
Because the same grounding or collision can be charged under either branch, proof of the mental state decides whether the maximum is 2 years or death.
Reckless operation and damage to military property
Operating a vessel or aircraft while drunk or in a reckless or wanton manner is a separate offense under Article 113. Damage to or loss of other military property is covered by Article 108.
Sources
- 10 U.S.C. § 910, Article 110, Improper hazarding of vessel or aircraft (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 47
General information about military law, not legal advice for any individual case.