§ Article 134 : Disorderly Conduct, Drunkenness

This offense is prosecuted under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It covers disorderly conduct and drunkenness, in circumstances bringing discredit upon the military service, as well as other cases of each.

Disambiguation — this is not Article 134 itself, and is distinct from Article 112

Article 112 addresses drunkenness specifically while on duty, incapacitation for the proper performance of duty, and drunkenness while held as a prisoner. This Article 134 offense addresses disorderly conduct and drunkenness more broadly, not limited to a duty or custody context.

Who It Applies To

Any person subject to the UCMJ who is drunk, disorderly, or drunk and disorderly — on board ship or elsewhere — under circumstances that are prejudicial to good order and discipline or service-discrediting.

What It Covers

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

Key rules

• Drunk has the meaning used for Article 112: 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 or more.
• Disorderly conduct is conduct that affects the peace and quiet of people who may witness it and who may be disturbed or provoked to resentment. It includes conduct that endangers public morals or outrages public decency, and any disturbance of a contentious or turbulent character.
• To authorize the higher maximum punishment for service-discrediting conduct, that circumstance must be alleged and proved.

Maximum Punishment

Maximum authorized punishment.

Disorderly conduct

• Under circumstances bringing discredit upon the military service: confinement for 4 months and forfeiture of two-thirds pay per month for 4 months.
• Other cases: confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

Drunkenness

• Aboard ship, or under circumstances bringing discredit upon the military service: confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.
• Other cases: confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

Drunk and disorderly

• Aboard ship: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
• Under circumstances bringing discredit upon the military service: confinement for 6 months and forfeiture of two-thirds pay per month for 6 months.
• Other cases: confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.

Only drunk and disorderly aboard ship authorizes a punitive discharge.

Sentencing parameters. Every form is Category 1 (0–12 months). Because each authorized maximum is below 12 months, the recommended maximum for each form is its authorized maximum confinement.

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 drunkenness on duty, incapacitation for duty, and drunkenness while a prisoner. Article 116 addresses riot and breach of the peace, which require violent or turbulent conduct that unlawfully disturbs the peace, and Article 113 addresses drunken operation of a vehicle, aircraft, or vessel.

What the Provision Does

This offense separates disorderly conduct and drunkenness under circumstances bringing discredit upon the military service from other cases of each, and it is not limited to the duty and custody settings of Article 112. The maximum confinement ranges from 1 to 6 months depending on the form and circumstances.

History

Disorderly conduct and drunkenness was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 73). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 98.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 98
• 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)