§ Article 95a : Disrespect Toward Sentinel or Lookout

Article 95a of the UCMJ (10 U.S.C. § 895a) punishes wrongful and disrespectful language or behavior directed toward a sentinel or lookout who is in the execution of duty, by a person who knows the other person is a sentinel or lookout.

Who It Applies To

Any person subject to the UCMJ who, knowing that another person is a sentinel or lookout, uses wrongful and disrespectful language directed toward and within the hearing of that sentinel or lookout, or behaves in a wrongful and disrespectful manner directed toward and within the sight of that sentinel or lookout, while the sentinel or lookout is in the execution of duty.

What It Covers

Disrespectful language toward a sentinel or lookout

1. A certain person was a sentinel or lookout.
2. The accused knew that the person was a sentinel or lookout.
3. The accused used certain disrespectful language.
4. The language was wrongful.
5. The language was directed toward, and within the hearing of, the sentinel or lookout.
6. The sentinel or lookout was then in the execution of duties as a sentinel or lookout.

Disrespectful behavior toward a sentinel or lookout

1. A certain person was a sentinel or lookout.
2. The accused knew that the person was a sentinel or lookout.
3. The accused behaved in a certain disrespectful manner.
4. The behavior was wrongful.
5. The behavior was directed toward, and within the sight of, the sentinel or lookout.
6. The sentinel or lookout was then in the execution of duties as a sentinel or lookout.

The Manual applies the same meaning of “disrespect” used for Article 89.

Maximum Punishment

Maximum authorized punishment. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months, with no punitive discharge.

Sentencing parameters. Category 1 (0–12 months), with a recommended maximum of 3 months, the authorized maximum.

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 95a addresses disrespect directed at a sentinel or lookout by another person. Article 95 addresses misconduct by a sentinel or lookout on post. An assault on a sentinel or lookout in the execution of duty is charged under Article 128, which authorizes a higher maximum punishment for that form of assault than for assault generally.

What the Provision Does

Article 95a applies to wrongful and disrespectful language or behavior toward a sentinel or lookout in the execution of duty, by a person who knows the other person’s status. It is structured like the disrespect provisions of Articles 89 and 91, and the maximum confinement is 3 months.

History

Article 95a was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5412), effective January 1, 2019. Before then, disrespect toward a sentinel or lookout was charged as an enumerated offense under Article 134.

Sources

• 10 U.S.C. § 895a (Article 95a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 23
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C