UCMJ Article 110 – Improper Hazarding of Vessel

UCMJ Article 110 punishes any service member who willfully, wrongfully, or negligently endangers a U.S. vessel. Ships are among the most valuable military assets, and their safety is critical not only to national defense but also to the lives of the sailors and Marines aboard. Any act that places a naval vessel in jeopardy, whether intentional or reckless, strikes at the core of military discipline and readiness.

This provision is broad. It applies to commanding officers, watch standers, engineers, navigators, or any crew member whose misconduct compromises the vessel’s safety. The offense is treated as one of the most serious crimes in naval service because even a single lapse can cost hundreds of lives and billions of dollars in resources.

Key Elements

The prosecution must prove:

  1. That the accused had responsibility for or took actions affecting a U.S. vessel.
  2. That the accused wrongfully, willfully, or negligently endangered the vessel.
  3. That the vessel was owned by or in the service of the United States.
  4. That the misconduct created a real and substantial risk of harm.

Scope and Application

Article 110 covers a wide range of misconduct, including:

  • Negligent navigation leading to grounding or collision.
  • Steering a vessel into unsafe waters against orders.
  • Operating while intoxicated and compromising control of the ship.
  • Damaging or disabling safety systems or navigation equipment.

The offense applies in peacetime and wartime. It does not require actual loss of the vessel; creating serious risk is enough.

Punishment

  • Willful and wrongful hazarding of a vessel: Death or such other punishment as a court-martial may direct.
  • Negligent hazarding of a vessel: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 2 years.

The death penalty authorization underscores the gravity of endangering a vessel during combat operations, although life imprisonment or lesser punishments are more common in practice.

Defenses

Possible defenses include:

  • Accident without negligence: If the accused acted reasonably and the hazard arose from uncontrollable conditions.
  • No substantial risk: If the government cannot prove that real danger to the vessel existed.
  • Lawful orders or authority: If the action was carried out under lawful command.
  • Lack of knowledge or control: If the accused had no role in the operation that created the hazard.

Examples

If a ship’s captain intentionally sails into hostile waters without orders, placing the vessel at risk, Article 110 applies. If a navigator negligently charts an unsafe course that grounds the ship, that is also a violation. If an engineer disables fire suppression equipment as a prank, endangering the vessel, it qualifies as wrongful misconduct.

Conclusion

UCMJ Article 110 protects the safety of vessels that serve as critical assets of U.S. defense. It punishes both willful betrayal and negligent endangerment. By holding service members accountable, the article preserves discipline, safeguards lives, and ensures operational readiness at sea.

Frequently Asked Questions

1. What does “hazarding a vessel” mean?
It means placing a U.S. ship in danger through wrongful, willful, or negligent actions. The danger can be navigational, operational, or mechanical.

2. Is actual loss of the ship required for conviction?
No. Creating substantial risk of harm is enough to establish liability.

3. What is the maximum punishment?
If willful, death or such other punishment as a court-martial directs. If negligent, up to 2 years’ confinement, dishonorable discharge, and forfeiture of pay.

4. Does Article 110 apply only to commanding officers?
No. It applies to any service member whose actions endanger the ship. Crew members with operational responsibilities may also be guilty.

5. Can intoxication lead to liability under Article 110?
Yes, operating a vessel while intoxicated or failing duties due to alcohol can constitute negligent hazarding.

6. Does the article apply in peacetime?
Yes. A vessel can be endangered in peacetime by poor navigation or reckless actions, and charges may still be brought.

7. What if hazardous action was ordered by a superior?
Lawful orders may excuse liability, but the accused must prove the order was valid. Illegal or reckless orders do not protect the accused.

8. How does Article 110 differ from Article 108?
Article 108 punishes damage to military property in general, while Article 110 specifically targets misconduct that endangers naval vessels.

9. What defenses are most common?
Accident, lack of negligence, or proof that no substantial risk existed. Courts evaluate whether a reasonable person in the same situation would have acted differently.

10. Why does Article 110 allow the death penalty?
Because the loss of a U.S. warship in combat could mean massive loss of life and strategic failure. The article reflects the seriousness of protecting these critical assets.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 910, Article 110
  • Manual for Courts-Martial, United States (2024 edition)
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0137
  • Army Regulation 27-10, Military Justice
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Ortiz, 24 C.M.R. 12 (1957)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 110 or any other UCMJ provision, you should consult a qualified military attorney.

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