UCMJ Article 95: Offenses by Sentinel or Lookout
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Article 95 punishes a sentinel or lookout who is drunk on post, sleeps on post, or leaves before being regularly relieved, and one who loiters or wrongfully sits down on post. The maximum for drunk, sleeping, or leaving post is a dishonorable discharge and 1 year in ordinary circumstances, but 10 years while the accused is receiving special pay under 37 U.S.C. § 310, and death in time of war.
Drunk, asleep, or off post; loitering or sitting
10 U.S.C. § 895 has two subsections:
- (a) A sentinel or lookout “who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved” is punishable by death or other punishment in time of war, and otherwise by any punishment other than death.
- (b) A sentinel or lookout “who loiters or wrongfully sits down on post” is punishable as a court-martial may direct.
Before January 1, 2019, these offenses were Article 113, and “Article 95” meant resistance, flight, breach of arrest, and escape, which is now Article 87a (Pub. L. 114-328, §§ 5401(8), 5411).
Who is a sentinel or lookout
A sentinel or 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” (Manual for Courts-Martial (2024 ed.), Part IV, ¶ 22.c(1)(d)).
The Manual narrows and widens that at the same time (¶ 22.c(1)(a), (c)):
- It does not include an officer or enlisted member of the guard or a ship’s watch who is not posted as a sentinel or lookout, or a watchman or attendant whose duties do not require constant alertness.
- It does include a person “detailed to use any equipment designed to locate friend, foe, or possible danger,” a person stationed to observe for the enemy, and a person guarding stores or prisoners.
- A sentinel who has taken the post under proper instruction is on post even if not posted “in the regular way.”
What each offense means
Post. The area where the sentinel must be to perform the duty, not an imaginary line. Going an immaterial distance is not leaving post, unless the distance impairs the ability to perform the duty (¶ 22.c(1)(b)).
Sleeping. Sleeping is “that condition of insentience which is sufficient sensibly to impair the full exercise of the mental and physical faculties.” The accused need not have been “in a wholly comatose condition.” Sleep caused by a physical incapacity from disease or accident is an affirmative defense under R.C.M. 916(i) (¶ 22.c(1)(f)).
Loitering. To stand around, move about slowly, linger, or lag behind when that violates known instructions or comes with a failure to give complete attention to duty (¶ 22.c(2)(b)).
Wartime raises the ceiling to death
From ¶ 22.d:
| Offense | Circumstance | Maximum |
|---|---|---|
| Drunk or sleeping on post, or leaving post before relief | In time of war | Death or such other punishment as a court-martial may direct |
| Same | While receiving special pay under 37 U.S.C. § 310 | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
| Same | All other places | Dishonorable discharge, forfeiture of all pay and allowances, 1 year |
| Loitering or wrongfully sitting on post | In time of war or while receiving § 310 special pay | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
| Same | Other cases | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
The middle row does not depend on a state of war. When the government pleads and proves that the accused was receiving special pay under 37 U.S.C. § 310 at the time (it is an added element under ¶ 22.b), the maximum for sleeping on post rises from 1 year to 10.
Offenses against the sentinel, and drunk on other duty
Disrespect toward a sentinel or lookout, by someone else, is Article 95a. Being drunk on other kinds of duty falls under Article 112. Drug offenses committed while on duty as a sentinel or lookout carry 5 more years of confinement under Article 112a.
Sources
- 10 U.S.C. § 895, Article 95, Offenses by sentinel or lookout (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 22 and ¶ 50.d
General information about military law, not legal advice for any individual case.