§ Article 112 : Drunkenness and Other Incapacitation Offenses

Article 112 of the UCMJ (10 U.S.C. § 912) covers three related offenses: being drunk on duty, being incapacitated for proper duty performance as a result of alcohol or drug use, and being drunk while held as a prisoner.

Who It Applies To

Any person subject to the UCMJ who is drunk on duty; who, as a result of consuming alcohol or a drug, is incapacitated for the proper performance of duty; or who, while held as a prisoner, is drunk.

What It Covers

Drunk on duty

1. The accused was on a certain duty.
2. The accused was drunk while on that duty.

Incapacitation for duty from drunkenness or drug use

1. The accused had certain duties to perform.
2. The accused was incapacitated for the proper performance of those duties.
3. The incapacitation resulted from previous indulgence in intoxicating liquor or any drug.

Drunk prisoner

1. The accused was a prisoner.
2. While in that status, the accused was drunk.

Key rules

• Drunk means intoxication by alcohol sufficient to impair the rational and full exercise of mental or physical faculties, or a blood or breath alcohol concentration of 0.08 grams or more (per 100 milliliters of blood or 210 liters of breath), as shown by chemical analysis.
• Duty means military duty. A commander actually exercising command is constantly on duty; others are on duty during duties of routine or detail, not while off duty or on liberty. In a region of active hostilities, all members of a command may be considered continuously on duty, and an officer of the day and members of the guard or watch are on duty for their entire tour.
• The accused must be drunk while actually on the duty alleged. Becoming drunk before going on duty does not affect guilt, although it may be offered in extenuation. A person who never enters on the duty, or who is absent from duty and drunk while absent, is not covered. Anticipatory duty, such as standing by for flight or guard duty, is covered.
• Incapacitated means unfit or unable to properly perform duties because of previous alcohol or drug use; illness resulting from that use is an example.

Maximum Punishment

Maximum authorized punishment.

• Drunk on duty: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 9 months.
• Incapacitation for duty from drunkenness or drug use: confinement for 3 months and forfeiture of two-thirds pay per month for 3 months, with no punitive discharge.
• Drunk prisoner: confinement for 3 months and forfeiture of two-thirds pay per month for 3 months, with no punitive discharge.

Sentencing parameters. All three offenses are Category 1 (0–12 months). The recommended maximums are 9 months for drunk on duty and 3 months for each of the other two offenses, their authorized maximums.

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 112 addresses being drunk or incapacitated in a duty or custody setting. Article 112a addresses wrongful use, possession, and distribution of controlled substances, and Article 113 addresses drunken or reckless operation of a vehicle, aircraft, or vessel. A sentinel or lookout who is drunk on post is addressed by Article 95, and drunk and disorderly conduct by the Article 134 offense.

What the Provision Does

Article 112 applies in three settings — on duty, when incapacitated for the proper performance of duties, and while a prisoner — and none of its offenses requires proof that further harm resulted. The maximum confinement is 3 or 9 months depending on the form.

History

Article 112 appeared in the original 1950 UCMJ, codified at 10 U.S.C. § 912 in 1956. It originally punished any person, other than a sentinel or lookout, found drunk on duty. The Military Justice Act of 2016 (Pub. L. 114-328, § 5424) rewrote the article, effective January 1, 2019, removing the sentinel exception and adding two offenses previously charged under Article 134: drunk prisoner, and incapacitation for duty through prior wrongful indulgence in intoxicating liquor or any drug (paragraphs 75 and 76 of the 2016 edition of the Manual).

Sources

• 10 U.S.C. § 912 (Article 112, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 49
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)