UCMJ Article 87b

UCMJ Article 95a

Disrespect toward sentinel or lookout


The MCM states under Article 95a a service member is subject to prosecution if they use disrespectful language or exhibit disrespectful behavior toward or within the hearing or sight of a sentinel or lookout who is on duty.

In order to be prosecuted as using disrespectful language toward a sentinel or lookout, the prosecution must demonstrate:

  1. That a certain person was a sentinel or lookout;
  2. That the accused knew that said person was a sentinel or lookout;
  3. That the accused used certain disrespectful language;
  4. That such language was wrongful;
  5. That such language was directed toward and within the hearing of the sentinel or lookout; and
  6. That said person was at the time in the execution of duties as a sentinel or lookout.

The charge of disrespectful behavior toward a sentinel or lookout may apply if the prosecution proves:

  1. That a certain person was a sentinel or lookout;
  2. That the accused knew that said person was a sentinel or lookout;
  3. That the accused behaved in a certain disrespectful manner;
  4. That such behavior was wrongful;
  5. That such behavior was directed toward and within the sight of the sentinel or lookout; and
  6. That said person was at the time in the execution of duties as a sentinel or lookout.

 

Understanding Article 95a (Disrespect toward sentinel or lookout) of the UCMJ

Disrespectful behavior is that which detracts from the respect due the sentinel or lookout. It may consist of acts or language, however expressed, and it is irrelevant if the accused referred to the sentinel or lookout while on duty or as a private individual. Disrespect by words may be conveyed by abusive epithets or other contemptuous, derogatory, or denunciatory language. If the statements made by the accused are true, this is not an excuse for the language or behavior nor is it an adequate defense. Disrespect by acts includes neglecting the customary salute, or showing a marked disdain, indifference, insolence, impertinence, undue familiarity, or other rudeness in the presence of the sentinel or lookout.

 


Maximum Possible Punishment for Violations of Article 95a

The maximum possible punishment for a violation of Article 95a includes confinement for 3 months and forfeiture of two-thirds pay per month for three months.

 

How do you defend against Article 95a Disrespect Toward Sentinel or Lookout 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 who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 20 years of experience in military law and a sought-after speaker and lecturer on military law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding a wide variety of matters and a diverse background of clients

 

If you or someone you know is facing Article 95a charges for Disrespect Toward Sentinel or Lookout, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.

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