UCMJ Article 134

UCMJ Article 134

Disorderly Conduct, Drunkenness


Article 134 – Disorderly Conduct, Drunkeness of the MCM states any service member may be subject to prosecution if the accused was drunk, disorderly, or drunk and disorderly on board ship or in some other place; and that, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

 

Understanding Article 134 (Disorderly Conduct, Drunkenness) of the UCMJ

While drunkenness is self-explanatory, disorderly conduct is conduct of such a nature as to affect the peace and quiet of persons who may witness it and who may be disturbed or provoked to resentment thereby. It includes conduct that endangers public morals or outrages public decency and any disturbance of a contentious or turbulent character.

Service discrediting conduct refers to conduct of a nature to bring discredit upon the armed forces.  It must be included in the specification and proved in order to authorize the higher maximum punishment when the offense is Service discrediting.

 

Maximum Possible Punishment for Violations of Article 134

Service members convicted of an Article 134 violation for Disorderly Conduct, Drunkenness faced a variety of maximum possible punishments, each contingent on the specific charges.

A conviction for Disorderly Conduct under such circumstances as to bring discredit upon the military service carries a maximum possible punishment of confinement for 4 months and forfeiture of two-thirds pay per month for 4 months.  All other cases of disorderly conduct result in a maximum possible punishment of confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

Drunkenness while aboard ship or under such circumstances as to bring discredit upon the military service carries a maximum possible punishment of confinement for 3 months and forfeiture of two-thirds pay per month for 3 months. All other cases of drunkenness carry a maximum possible punishment of confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

A conviction of drunk and disorderly while aboard ship carries a maximum possible punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.  If the drunk and disorderly conduct was under such circumstances as to bring discredit upon the military service, it may result in confinement for 6 months and forfeiture of two-thirds pay per month for 6 months.  All other cases of drunk and disorderly conduct have a maximum possible punishment of confinement for 3 months, and forfeiture of two-thirds pay per month for 3 months.

 

How do you defend against Article 134 Disorderly Conduct, Drunkenness charges?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys, with more than 75 years of combined experience, who have won these types of cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer, who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.

 

If you, or someone you know, is facing Article 134 charges for Disorderly Conduct, Drunkenness, you need to speak with a Military defense attorney right away. We understand what is at risk, and we know how to protect your career, your freedom, and your future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.

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