UCMJ Article 87: Jumping From a Vessel Into the Water

At first glance, jumping off a ship into the water might sound like a harmless stunt rather than a crime. Aboard a military vessel, however, an unauthorized jump can trigger a man-overboard response, divert the crew from their duties, and put rescuers at risk. Article 87 of the Uniform Code of Military Justice treats wrongful and intentional jumping from a vessel as a punishable offense precisely because of the danger and disruption it creates in a maritime environment that depends on discipline.

This offense is sometimes mislabeled with an outdated article number. It was once prosecuted as an enumerated example under the Article 134 general article. The Military Justice Act of 2016, effective January 1, 2019, moved it into Article 87, codified at 10 U.S.C. 887. That article now carries two related but separate offenses: missing movement, addressed in subsection (a), and jumping from a vessel into the water, addressed in subsection (b). This page concerns the jumping offense.

What the statute prohibits

Subsection (b) of Article 87 applies to any person subject to the UCMJ who wrongfully and intentionally jumps into the water from a vessel in use by the armed forces. The offense is not limited to sailors. It applies to any covered service member aboard such a vessel, including personnel from other branches serving on a joint mission. The vessel need not be at sea; the offense can occur while the vessel is underway, at anchor, or in port.

Elements the government must prove

To obtain a conviction under the jumping-from-vessel offense, the prosecution must establish beyond a reasonable doubt:

  1. That the accused jumped into the water from a vessel in use by the armed forces.
  2. That the jump was wrongful and intentional.

Both wrongfulness and intent are required. A jump that is accidental, that is performed under lawful orders, or that is otherwise justified does not satisfy these elements. Wrongfulness means the act was without legal justification or excuse, and intent means the entry into the water was deliberate rather than the result of a fall.

The phrase in use by the armed forces is broad. It reaches a vessel that is operated by or under the control of the armed forces, and it does not depend on ownership alone. A leased, allied, or jointly operated vessel placed under military control can qualify. What the offense requires is that the vessel was in such use at the time of the jump and that the accused was a person subject to the UCMJ.

Maximum punishment

The maximum punishment for jumping from a vessel into the water under Article 87 is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months, as set out in Part IV of the Manual for Courts-Martial. This is a lower ceiling than the missing-movement offense in subsection (a), which can reach confinement for up to two years when committed by design. The actual sentence in any case is determined by the court-martial within the applicable maximum, and revised sentencing rules apply to offenses committed on or after December 27, 2023.

Defenses

Accident is a central defense, because a person who falls overboard unintentionally has not jumped wrongfully and intentionally. Lawful authority applies where the entry into the water was ordered or authorized, such as during a sanctioned man-overboard drill, swim call, or training evolution. Necessity or emergency may apply where the person entered the water to save a life or prevent serious harm, since such conduct is generally justified. A reasonable mistake about whether the act was authorized may also bear on wrongfulness. Because the offense requires both wrongfulness and deliberate intent, authorized or accidental entries fall outside it.

Distinctions from related offenses

The jumping offense should not be confused with the missing-movement offense in subsection (a) of the same article, which punishes failing, through neglect or design, to move with a ship, aircraft, or unit one is required to accompany. Missing movement concerns a failure to deploy or depart, while the jumping offense concerns a specific physical act aboard a vessel. Reckless conduct that endangers others might, depending on the facts, implicate other provisions, but Article 87(b) is tailored to the discrete act of wrongfully and intentionally entering the water from a military vessel.

Frequently asked questions

Does the vessel have to be at sea for this offense to apply?
No. The offense applies to a vessel in use by the armed forces whether it is underway, at anchor, or in port. An unauthorized jump can disrupt discipline and trigger a response in any of those settings.

Does the offense apply only to Navy personnel?
No. It applies to any person subject to the UCMJ who is aboard a vessel in use by the armed forces. Personnel from other branches serving on a joint or shared vessel are covered.

What if the person fell overboard by accident?
An accidental fall does not satisfy the offense, which requires that the jump be wrongful and intentional. Carelessness might raise other issues, but it is not jumping from a vessel within the meaning of this article.

Can jumping into the water ever be lawful?
Yes. Entry into the water under lawful orders, during an authorized swim call or training event, or in a genuine emergency to save a life is not wrongful. The offense targets only unauthorized, deliberate jumps.

What is the maximum punishment for this offense?
The maximum is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months, as set in the Manual for Courts-Martial.

Sources

10 U.S.C. 887, Article 87, Missing movement; jumping from vessel: https://www.law.cornell.edu/uscode/text/10/887

Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Portals/99/2024%20MCM%20files/MCM%20(2024%20ed)%20(20240102)%20(adjusted%20bookmarks).pdf

Military Attorney Joseph L. Jordan, Articles of the UCMJ

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.

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