UCMJ Article 112 – Drunk on Duty

UCMJ Article 112 makes it a crime for any service member to be drunk while on duty. The offense applies to all members of the armed forces regardless of rank or position. Because the military requires absolute readiness and discipline, intoxication while performing official duties directly threatens unit safety, mission success, and public trust.

This article is different from Article 111, which punishes drunken or reckless operation of a vehicle, aircraft, or vessel. Article 112 is broader: it covers any duty position, whether standing guard, working in maintenance, or serving in a command role.

Key Elements

The prosecution must prove:

  1. That the accused had a certain duty to perform.
  2. That the accused was drunk at the time.
  3. That the drunken condition was voluntary.

“Drunk” means intoxicated to the extent that normal mental or physical faculties are impaired. The impairment must make the service member less capable of performing their duties properly.

Scope and Application

Article 112 applies to all types of military duty:

  • Guard or sentry posts.
  • Maintenance, technical, or medical roles.
  • Leadership or command positions.
  • Any official duty assignment requiring sobriety and readiness.

It applies worldwide, in peacetime and wartime, whether on base or deployed. Even mild impairment may be enough if it reduces the member’s ability to perform duties safely and effectively.

Punishment

  • Maximum punishment: Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 9 months.

The punishment reflects the seriousness of compromising duty performance, though it is less severe than for offenses involving injury or death under Article 111.

Defenses

Possible defenses include:

  • Not on duty: If the accused was not actually on duty when intoxicated.
  • Not drunk: If impairment did not rise to the level of intoxication affecting duty.
  • Involuntary intoxication: If alcohol or drugs were consumed without the accused’s knowledge or against their will.
  • Medical condition: Some conditions may mimic intoxication.

Examples

If a soldier reports for guard duty after drinking heavily, Article 112 applies. If a sailor is intoxicated while standing watch on a ship, it is a violation. If an airman shows up drunk to perform maintenance on aircraft, the misconduct falls under this article. By contrast, drinking off-duty without being assigned to work is not an Article 112 violation, though other misconduct rules may apply.

Conclusion

Article 112 reinforces the military’s demand for readiness and professionalism at all times. Service members must report to duty sober and capable of performing their responsibilities. By punishing drunkenness on duty, the article ensures that missions are not compromised and that units maintain the discipline and reliability expected of the armed forces.

Frequently Asked Questions

1. How is Article 112 different from Article 111?
Article 111 punishes drunk or reckless operation of vehicles, aircraft, or vessels. Article 112 punishes being drunk while performing any duty, regardless of whether equipment is involved.

2. What is the maximum punishment for drunk on duty?
A bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 9 months.

3. Does Article 112 apply during peacetime?
Yes, it applies at all times. Military readiness requires sobriety whether in peacetime or combat.

4. Can mild impairment qualify as drunk on duty?
Yes, if it reduces the member’s ability to perform duties properly. The standard is whether mental or physical faculties are impaired.

5. What if the accused did not know they were impaired?
Knowledge of impairment is not required. The offense is established if the member was drunk and on duty, regardless of awareness.

6. Is involuntary intoxication a defense?
Yes, if alcohol or drugs were consumed without the accused’s knowledge or against their will, liability may not apply.

7. Does this article apply to drug impairment?
Yes, impairment by drugs can be prosecuted under Article 112 if it causes drunkenness or incapacity while on duty.

8. Does Article 112 apply off base?
Yes, as long as the service member was on duty. Location does not matter.

9. Can a commander reduce punishment for minor cases?
Yes, commanders have discretion, especially if the incident caused no harm. However, formal punishment remains authorized.

10. Why is Article 112 important for discipline?
Because intoxication while on duty undermines trust, endangers lives, and weakens mission readiness. It enforces the expectation of sobriety in all military tasks.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 912, Article 112
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0139
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Bivins, 49 C.M.R. 854 (1975)
  • 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 112 or any other UCMJ provision, you should consult a qualified military attorney.

Related:

  1. 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...
  2. UCMJ Article 134 – Bigamy Bigamy is one of the enumerated offenses under UCMJ Article 134, which punishes misconduct that is prejudicial to good order and discipline or that brings discredit upon the armed forces. Bigamy occurs when a service member, while already married, marries...
  3. UCMJ Article 112a – Wrongful Use of Controlled Substances UCMJ Article 112a criminalizes the wrongful use, possession, distribution, manufacture, or introduction of controlled substances into military installations, aircraft, vessels, or vehicles. This provision was added in 1982 to create a specific drug offense under the UCMJ, separating drug-related misconduct...
  4. UCMJ Article 134 – Drinking Liquor with Prisoner This enumerated offense under Article 134 punishes service members who wrongfully provide, give, or drink liquor with a military prisoner. The offense exists to maintain discipline, good order, and the integrity of confinement or correctional facilities. Drinking liquor with prisoners...
  5. UCMJ Article 134 – Self-Injury Without Intent to Avoid Service This enumerated offense under Article 134 punishes service members who intentionally injure themselves without the specific intent of avoiding service. While malingering under Article 115 addresses self-harm to evade duty, Article 134 focuses on wrongful self-injury committed for other reasons,...
  6. UCMJ Article 91 – Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer UCMJ Article 91 criminalizes insubordinate conduct toward warrant officers, noncommissioned officers (NCOs), or petty officers. This provision protects the authority of enlisted and warrant leaders who are essential to discipline, training, and mission execution. Article 91 covers three main offenses:...
  7. UCMJ Article 90 – Assaulting or Willfully Disobeying a Superior Commissioned Officer UCMJ Article 90 addresses two distinct but related offenses: assaulting a superior commissioned officer, and willfully disobeying a lawful command from a superior commissioned officer. Both acts strike at the heart of the chain of command. Respect for, and obedience...
  8. UCMJ Article 84 – Effecting Unlawful Enlistment, Appointment, or Separation UCMJ Article 84 punishes service members who knowingly participate in or assist with unlawful enlistments, appointments, or separations within the armed forces. The provision targets those who, by intent or deception, manipulate the system of entering or leaving military service....
  9. UCMJ Article 134 – Violation of Parole This enumerated offense under Article 134 punishes service members who, after being granted parole from confinement, violate the conditions of their release. Parole is a privilege that allows an individual to serve part of a sentence under supervision outside confinement....
  10. UCMJ Article 89 – Disrespect Toward a Superior Commissioned Officer UCMJ Article 89 makes it a crime for a service member to show disrespect by words, behavior, or gestures toward a superior commissioned officer. The rule is rooted in the need for discipline and hierarchy in the armed forces. Respect...
  11. UCMJ Article 133 – Conduct Unbecoming an Officer and Gentleman UCMJ Article 133 criminalizes conduct by commissioned officers, cadets, or midshipmen that dishonors or disgraces them personally, or seriously compromises their standing as officers. The article is intentionally broad, designed to uphold the integrity and character expected of military leaders....
  12. UCMJ Article 134 – Seizure: Destruction, Removal, or Disposal of Property to Prevent This enumerated offense under Article 134 punishes service members who destroy, remove, or otherwise dispose of property in order to prevent it from being lawfully seized. The offense is closely tied to maintaining integrity in investigations, inspections, and lawful authority....
  13. UCMJ Article 86 – Absence Without Leave (AWOL) UCMJ Article 86 criminalizes the act of leaving one’s unit, organization, or place of duty without authority. Absence Without Leave (AWOL) is one of the most common charges in military justice. Unlike desertion under Article 85, AWOL does not require...
  14. UCMJ Article 111 – Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel UCMJ Article 111 punishes service members who operate a vehicle, aircraft, or vessel in a drunken or reckless manner. The article is designed to protect service members, military property, and the public from the dangers of impaired or reckless operation....
  15. UCMJ Article 134 – Quarantine: Medical Breaking This enumerated offense under Article 134 punishes service members who wrongfully break, disregard, or violate a medical quarantine order. Quarantines may be imposed to control the spread of infectious diseases, protect military readiness, and safeguard both the force and surrounding...