Article 134 – Disorderly Conduct, Drunkenness of the MCM states any service member may be subject to prosecution if the accused was drunk, disorderly, or drunk and disorderly on board the 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 to affect the peace of persons who may witness it and be disturbed or provoked to resentment. It includes conduct that endangers public morals or outrages public decency and any contentious or turbulent character disturbance.
Service discrediting conduct refers to conduct of a nature to discredit the armed forces. It must be included in the specification and proved 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 and 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 four months and forfeiture of two-thirds pay per month for four months. All other cases of disorderly conduct result in a maximum potential sentence of imprisonment for one month and forfeiture of two-thirds pay per month for one month.
Drunkenness aboard a ship or under such circumstances as to discredit the military service carries a maximum possible punishment of confinement for three months and forfeiture of two-thirds pay per month for three months. All other cases of drunkenness carry a maximum potential sentence of imprisonment for one month and forfeiture of two-thirds pay per month for one month.
A conviction of drunkenness and disorderly behavior while aboard a ship carries the maximum possible punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months. Suppose the drunk and disorderly conduct was under such circumstances as to bring discredit upon the military service. Six In that case, it may result in confinement for 6 months and forfeiture of two-thirds pay per month for six months. All other instances of drunk and disorderly conduct have a maximum possible punishment of imprisonment for three months, and forfeiture of two-thirds pay per month for three months.
How do you defend against Article 134 Disorderly Conduct and Drunkenness charges?
When facing the combined military resources and the current cultural climate, you must be prepared to defend your career and freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these 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 know how to protect your career, freedom, and future.
