UCMJ Article 113 – Misbehavior of Sentinel or Lookout

UCMJ Article 113 punishes a sentinel or lookout who misbehaves while on duty. Sentinels and lookouts are responsible for guarding installations, protecting personnel, and warning of threats. Because their role is critical to unit security, misconduct such as sleeping on post, leaving a post without relief, or being drunk while on duty is treated as a serious crime under military law.

The article applies whether the sentinel is guarding in peacetime or wartime. The seriousness of punishment depends heavily on whether the offense occurred in the presence of the enemy, since failure in such circumstances could result in catastrophic loss of life or mission failure.

Key Elements

The prosecution must prove:

  1. That the accused was posted as a sentinel or lookout.
  2. That the accused engaged in prohibited conduct such as sleeping, being drunk, leaving their post, or otherwise misbehaving.
  3. That the conduct was wrongful and occurred while the accused was on duty.

If the misconduct occurred in the presence of the enemy, the offense is considered far more serious.

Scope and Application

Article 113 covers the following misconduct:

  • Sleeping on post.
  • Leaving post without being properly relieved.
  • Being drunk while on duty as a sentinel or lookout.
  • Other conduct that amounts to neglect of duty or exposes the unit to danger.

This article applies worldwide, in both combat zones and garrison duty. The offense does not require that actual harm occur; creating risk by failing to perform duty is enough.

Punishment

  • In the presence of the enemy: Death or other punishment as directed by a court-martial.
  • Not in the presence of the enemy: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 1 year.

The wide range of punishment reflects the critical nature of guard duty in combat compared to peacetime settings.

Defenses

Possible defenses include:

  • Not a sentinel or lookout: The accused was not officially posted as a guard.
  • Not on duty: The misconduct occurred outside assigned duty hours.
  • Involuntary condition: Medical issues or involuntary intoxication caused the accused’s state.
  • Lack of knowledge: The accused did not know they were officially posted to guard duty.

Examples

If a soldier falls asleep while guarding a post in a combat zone, Article 113 applies and the offense could carry the death penalty. If a sailor leaves their watch station without relief during peacetime, the maximum is confinement for 1 year. If an airman reports for lookout duty while drunk, it is also punishable.

Conclusion

UCMJ Article 113 emphasizes the critical importance of guard and lookout duties. The article ensures that those tasked with protecting others and maintaining vigilance are held accountable for negligence or misconduct. In wartime, the offense is considered so serious that it can carry the death penalty, reflecting the potential consequences of failure.

Frequently Asked Questions

1. Who qualifies as a sentinel or lookout?
Anyone assigned to stand guard or watch, whether at a post, on a ship, or in the field. The assignment must be official.

2. Does the offense require harm to occur?
No. The crime is complete once the sentinel fails to perform duty properly, regardless of actual harm.

3. What is the maximum punishment?
Death if in the presence of the enemy. In peacetime, up to 1 year confinement, forfeiture of pay, and a dishonorable discharge.

4. Is falling asleep always punishable?
Yes, if it occurs while posted as a sentinel. Fatigue is not an excuse.

5. Does intoxication count as misbehavior?
Yes. Reporting for guard duty drunk or becoming drunk on post is a violation.

6. What if the accused left post briefly to use the restroom?
Leaving post without relief is still misconduct, regardless of reason, because it creates risk.

7. Can medical conditions be a defense?
Yes, if the accused can show a genuine medical condition prevented performance of duty.

8. How is this article different from Article 112 (Drunk on Duty)?
Article 112 applies broadly to any duty. Article 113 specifically applies to sentinels and lookouts whose duties involve guarding and security.

9. Does Article 113 apply in peacetime?
Yes, but punishment is less severe than in combat.

10. Why does the article authorize the death penalty?
Because failure of a sentinel in the presence of the enemy can lead to surprise attack, loss of life, or mission failure. The potential consequences justify the harshest punishment.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 913, Article 113
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0141
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Maxey, 26 C.M.R. 674 (1958)
  • 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 113 or any other UCMJ provision, you should consult a qualified military attorney.

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