UCMJ Article 95a: Disrespect toward sentinel or lookout

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

To be prosecuted for using disrespectful language toward a sentinel or lookout, the prosecution must demonstrate the following:

1. That a particular person was a sentinel or lookout;

2. That the accused knew that said person was a sentinel or lookout;

3. That the accused used specific 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 executing duties as a sentinel or lookout at the time.

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

1. That a particular 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 specific 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 executing duties as a sentinel or lookout at the time.

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

Disrespectful behavior detracts from the respect due to the sentinel or lookout. It may consist of acts or language; however, another contemptuous, derogatory, or denunciatory language may be 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 another contemptuous, derogatory, or denunciatory language. If the statements made by the accused are factual, 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 violating Article 95a is three months of confinement and three months of forfeiture of two-thirds of pay per month.

How do you defend against Article 95a, Disrespect Toward Sentinel or Lookout charges?

When facing the combined resources of the military and 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 23 years of experience in military law and a sought-after speaker and lecturer on martial 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 various 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 must immediately speak with a Military defense attorney.