UCMJ Article 134: Drunk and Disorderly Conduct

Intoxication that spills into a public disturbance, a fight, or scandalous behavior reflects on more than the individual; it reflects on the unit and the service. The armed forces expect sobriety and self-control, and conduct that disrupts good order or embarrasses the military can be charged even when it occurs off duty. Drunk and disorderly conduct is an enumerated offense under Article 134 of the Uniform Code of Military Justice, the general article, codified at 10 U.S.C. 934.

This offense remains a genuine Article 134 offense. It was not relocated to a standalone article by the 2016 Military Justice Act, and it is set out as an enumerated offense in the Manual for Courts-Martial. It is distinct from the duty-related and incapacitation offenses under Article 112, which address being drunk on duty or incapacitated for performance of duties through prior overindulgence, and from drunken operation of a vehicle, aircraft, or vessel under Article 113.

Elements the government must prove

Because drunk and disorderly conduct is charged under the general article, it carries a terminal element that ordinary offenses do not. The prosecution must establish each of the following beyond a reasonable doubt:

  1. That the accused was drunk, was disorderly, or was both drunk and disorderly.
  2. That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces, was of a nature to bring discredit upon the armed forces, or both.

The second element is the terminal element. It is what makes the conduct a punitive offense under Article 134, and the government must prove it independently. Disorderly conduct, in this context, is conduct of a nature to affect the peace and quiet of persons who may witness it and who may be disturbed or provoked by it. Drunkenness alone, without disorderly behavior and without the terminal element, will often fall short.

What the offense covers

The offense reaches a spectrum of alcohol-related misbehavior: public intoxication that disturbs others, fighting or shouting while drunk, and scandalous conduct in public that damages the reputation of the service. It can apply on or off a military installation and on or off duty, because the general article reaches conduct anywhere that satisfies the terminal element. What it does not cover is conduct that more specific articles address, such as drunken operation of a vehicle under Article 113 or being drunk on duty under Article 112; those provisions take precedence over the general article when they apply.

Maximum punishment

The Manual for Courts-Martial sets tiered maximum punishments for these offenses depending on the circumstances and on whether the conduct involved both drunkenness and disorderly behavior. No punitive discharge is authorized except in the most serious tier.

For disorderly conduct:

  • Disorderly conduct that is service-discrediting, or that occurs aboard ship: confinement for 4 months and forfeiture of two-thirds pay per month for 4 months.
  • Other disorderly conduct: confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

For drunkenness:

  • Drunkenness aboard ship or that is service-discrediting: confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.
  • Other drunkenness: confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

For combined drunk and disorderly conduct:

  • Aboard ship: a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
  • Service-discrediting but not aboard ship: 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.

For offenses committed on or after 27 December 2023, sentencing proceeds under the standardized sentencing parameters and criteria, with the listed maximum serving as the ceiling. The earlier secondary description of a single one-month maximum reflects only the lowest tier and does not capture the higher ceilings the Manual sets for aboard-ship and service-discrediting conduct.

Defenses

Defenses typically contest intoxication, disorderliness, or the terminal element:

  • Not intoxicated: the government cannot prove the accused was drunk.
  • Not disorderly: the accused, even if intoxicated, did not engage in disorderly conduct.
  • Involuntary intoxication: the accused became intoxicated without knowledge or against the accused’s will, which can negate wrongfulness.
  • No terminal element: the conduct neither prejudiced good order and discipline nor discredited the service, as with quiet intoxication that disturbed no one.

Distinctions from related offenses

The most important distinctions are with the more specific alcohol offenses. Article 112 addresses drunkenness or incapacitation tied to duty, such as being found drunk while on duty. Article 113 addresses the drunken or reckless operation of a vehicle, aircraft, or vessel. Where the conduct fits one of those provisions, it is charged there rather than under the general article. Article 134 drunk and disorderly conduct fills the remaining space: intoxicated, disorderly, or scandalous behavior that harms good order or discredits the service without falling within a more specific article. The same incident can sometimes implicate more than one provision.

Frequently asked questions

Is simply being drunk enough for a conviction?
Usually not. The government must show that the conduct prejudiced good order and discipline or discredited the service. Quiet intoxication that disturbs no one will often fail to meet the terminal element.

Is this offense still under Article 134?
Yes. Drunk and disorderly conduct remains a genuine Article 134 offense. It was not moved to a standalone article in the 2016 reorganization.

How does it differ from being drunk on duty?
Being drunk on duty or incapacitated for duty is addressed by Article 112. Article 134 drunk and disorderly conduct addresses disorderly or discrediting behavior tied to intoxication that is not covered by a more specific article.

Does it apply off duty and off base?
Yes. The general article reaches conduct anywhere that satisfies the terminal element, so off-duty and off-base behavior can be charged if it harms good order or discredits the service.

Why are the maximum punishments tiered?
The Manual sets different ceilings depending on the circumstances, including whether the conduct occurred aboard ship, was service-discrediting, and involved both drunkenness and disorderly behavior. The most serious tier, drunk and disorderly conduct aboard ship, is the only one that authorizes a punitive discharge.

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

Sources

  • 10 U.S.C. 934, Article 134, General article: https://www.law.cornell.edu/uscode/text/10/934
  • 10 U.S.C. 912, Article 112, Drunkenness and other incapacitation offenses: https://www.law.cornell.edu/uscode/text/10/912
  • 10 U.S.C. 913, Article 113, Drunken or reckless operation of a vehicle, aircraft, or vessel: https://www.law.cornell.edu/uscode/text/10/913
  • Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Military-Law/Current-Publications-and-Updates/
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ

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