UCMJ Article 134 – Sentinel or Lookout: Offenses Against or By

This enumerated offense under Article 134 punishes misconduct either committed against a sentinel or lookout on duty, or misconduct by a sentinel or lookout who fails to properly perform their duties. Sentinels and lookouts hold critical positions in military security, responsible for guarding installations, protecting personnel, and providing early warnings. Any misconduct in this context undermines safety, security, and the effectiveness of the armed forces.

Because sentry duty is vital, the UCMJ imposes strict accountability. Assaults or interference with a sentinel, as well as failures by sentinels themselves, are treated as serious breaches of discipline.

Key Elements

The prosecution must prove one of the following scenarios:

Offenses against a sentinel or lookout

  1. That a sentinel or lookout was on duty.
  2. That the accused assaulted, disobeyed, resisted, or otherwise interfered with the sentinel in the performance of their duties.
  3. That the act was wrongful.

Offenses by a sentinel or lookout

  1. That the accused was posted as a sentinel or lookout.
  2. That the accused was drunk, asleep, left post without authority, or otherwise misbehaved.
  3. That the act was wrongful.

Scope and Application

This article applies to:

  • Assaulting or interfering with guards on watch.
  • Failing to comply with instructions given by sentinels in performance of duty.
  • A sentinel found asleep, drunk, or absent from post.
  • Lookouts neglecting duty during security operations.

While Article 113 separately addresses misbehavior of sentinels in the presence of the enemy, Article 134 covers misconduct in non-combat conditions.

Punishment

  • Offenses against a sentinel: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 6 months.
  • Offenses by a sentinel: Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for up to 6 months.

Defenses

Possible defenses include:

  • Not on duty: If the sentinel or lookout was not officially posted.
  • Lawful action: If the accused reasonably believed their conduct was lawful.
  • Accident: If the misconduct occurred without wrongful intent.
  • Mental incapacity: If the accused lacked the capacity to form wrongful intent.

Examples

If a soldier refuses to obey instructions from a posted guard at an armory, Article 134 applies. If a Marine threatens or fights with a lookout, it qualifies. If an airman posted as a sentinel falls asleep on duty in garrison, it is punishable. Conversely, if a sailor was not yet formally posted and dozed off before duty began, liability may not attach.

Conclusion

Article 134 sentinel and lookout offenses emphasize the importance of guard duties to military readiness and security. By punishing both interference with sentinels and misconduct by sentinels themselves, the UCMJ reinforces the seriousness of these posts and ensures accountability on both sides.

Frequently Asked Questions

1. What is the difference between Article 113 and Article 134 regarding sentinels?
Article 113 covers misbehavior of a sentinel in the presence of the enemy, with punishments as severe as death. Article 134 addresses sentinel misconduct in non-combat situations. The difference lies in the combat context and severity of the potential consequences.

2. What punishments apply to those who assault sentinels?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 6 months. The military treats assaults on sentinels as direct attacks on discipline and security. Even without injury, liability is serious.

3. What punishments apply to sentinels who fall asleep or are drunk on post?
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for up to 6 months. While not as severe as combat-related failures, such misconduct still undermines security and accountability.

4. What if the sentinel was not formally posted?
If the individual was not officially assigned as a sentinel or lookout, the charge may not apply. Official posting is a key element. Misconduct before or after duty might be punished under other articles.

5. Can disobeying a sentinel’s instructions be punished?
Yes. If the instructions were lawful and within the scope of duty, disobedience is punishable. Sentinels have authority to control access and enforce security. Resistance or interference undermines mission success.

6. Does this offense apply only to physical assault?
No. It includes resisting, disobeying, or interfering with a sentinel’s duties in any way. Even verbal defiance or obstruction qualifies if it hinders performance. Physical assault, however, often aggravates punishment.

7. Can a sentinel be charged if they leave post briefly but return quickly?
Yes. Leaving post without relief, even for a short time, constitutes wrongful conduct. The seriousness of the lapse depends on context but still qualifies as an offense.

8. Does intoxication always qualify as wrongful conduct for a sentinel?
Yes. A sentinel who is drunk while on duty is automatically considered to have misbehaved. Intoxication destroys readiness and vigilance required for security duties.

9. Can this offense apply to naval lookouts as well as ground sentinels?
Yes. The article covers all sentinels and lookouts across the armed forces. Naval lookouts, air base guards, or ground security sentinels are equally accountable.

10. Why does the military punish sentinel-related misconduct so strictly?
Because sentinels safeguard installations, personnel, and sensitive materials. Lapses or interference can lead to catastrophic consequences. Strict enforcement ensures discipline, readiness, and trust in those assigned to guard duties.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Sentinel or Lookout Offenses)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Military Appeals, United States v. Jackson, 17 C.M.R. 33 (1954)
  • 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 134 or any other UCMJ provision, you should consult a qualified military attorney.

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