2008 edition - Fort Sam Houston - U.S. Army

33.c.(2)
this section, the destruction or damage of the property
must have been willful and wrongful. As used
in this section “willfully” means intentionally and
“wrongfully” means contrary to law, regulation, lawful
order, or custom. Willfulness may be proved by
c i r c u m s t a n t i a l e v i d e n c e , s u c h a s t h e m a n n e r i n
which the acts were done.
(3) Value and damage. In the case of destruction,
t h e v a l u e o f t h e p r o p e r t y d e s t r o y e d c o n t r o l s t h e
maximum punishment which may be adjudged. In
the case of damage, the amount of the damage controls.
As a general rule, the amount of damage is the
estimated or actual cost of repair by artisans employed
in this work who are available to the community
wherein the owner resides, or the replacement
cost, whichever is less. See also paragraph 46c(1)(
g).
d. Lesser included offense. Article 80—attempts
e. Maximum punishment. Wasting, spoiling, destroying,
or damaging any property other than military
property of the United States of a value or damage.
(1) Of $500.00 or less. Bad-conduct discharge,
forfeiture of all pay and allowances, and confinement
for 1 year.
( 2 ) O f m o r e t h a n $ 5 0 0 . 0 0 . D i s h o n o r a b l e d i s -
charge, forfeiture of all pay and allowances, and
confinement for 5 years.
f. Sample specification.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , ((willfully) recklessly)
waste) ((willfully) (recklessly) spoil) (willfully and
w r o n g f u l l y ( d e s t r o y ) ( d a m a g e )
by ) , (of a value of
(about) $ ) (the amount of said damage
being in the sum of (about $ ), the property
of .
34. Article 110—Improper hazarding of
vessel
a. Text of statute.
( a ) A n y p e r s o n s u b j e c t t o t h i s c h a p t e r w h o
willfully and wrongfully hazards or suffers to be
hazarded any vessel of the armed forces shall
suffer death or such other punishment as a courtmartial
may direct.
( b ) A n y p e r s o n s u b j e c t t o t h i s c h a p t e r w h o
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negligently hazards or suffers to be hazarded any
vessel of the armed forces shall be punished as a
court-martial may direct.
b. Elements.
(1) That a vessel of the armed forces was hazarded
in a certain manner; and
(2) That the accused by certain acts or omissions,
willfully and wrongfully, or negligently, caused or
suffered the vessel to be hazarded.
c. Explanation.
(1) Hazard. “Hazard” means to put in danger of
loss or injury. Actual damage to, or loss of, a vessel
of the armed forces by collision, stranding, running
upon a shoal or a rock, or by any other cause, is
conclusive evidence that the vessel was hazarded but
not of the fact of culpability on the part of any
particular person. “Stranded” means run aground so
t h a t t h e v e s s e l i s f a s t f o r a t i m e . I f t h e v e s s e l
“ t o u c h e s a n d g o e s , ” s h e i s n o t s t r a n d e d ; i f s h e
“touches and sticks,” she is. A shoal is a sand, mud,
or gravel bank or bar that makes the water shallow.
(2) Willfully and wrongfully. As used in this article,
“willfully” means intentionally and “wrongfully”
means contrary to law, regulation, lawful order,
or custom.
(3) Negligence. “Negligence” as used in this article
means the failure to exercise the care, prudence,
or attention to duties, which the interests of the
government require a prudent and reasonable person
to exercise under the circumstances. This negligence
may consist of the omission to do something the
prudent and reasonable person would have done, or
the doing of something which such a person would
not have done under the circumstances. No person is
relieved of culpability who fails to perform such
duties as are imposed by the general responsibilities
of that person’s grade or rank, or by the customs of
the service for the safety and protection of vessels of
the armed forces, simply because these duties are
not specifically enumerated in a regulation or order.
However, a mere error in judgment that a reasonably
able person might have committed under the same
circumstances does not constitute an offense under
this article.
(4) Suffer. “To suffer” means to allow or permit.
A ship is willfully suffered to be hazarded by one
who, although not in direct control of the vessel,
knows a danger to be imminent but takes no steps to
prevent it, as by a plotting officer of a ship under