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

(1) Drunk on post.
(a) Article 112—drunk on duty
(b) Article 92—dereliction of duty
(c) Article 134—drunk on station
(d) Article 134—drunk in uniform in a public
place
(2) Sleeping on post.
(a) Article 92—dereliction of duty
(b) Article 134—loitering or wrongfully sitting
down on post
(3) Leaving post.
(a) Article 92—dereliction of duty
(b) Article 86—going from appointed place of
duty
e. Maximum punishment.
(1) In time of war. Death or such other punishment
as a court-martial may direct.
(2) While receiving special pay under 37 U.S.C. §
310. Dishonorable discharge, forfeiture of all pay
and allowances, and confinement for 10 years.
(3) In all other places. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement
for 1 year.
f. Sample specification.
In that (personal jurisdiction data),
on or about 20 (a time of war)
(at/on board—location), (while receiving special pay
under 37 U.S.C. § 310), being (posted) (on post) as
a (sentinel) (lookout) at (warehouse no. 7) (post no.
11) (for radar observation) ( ) (was
f o u n d ( d r u n k ) ( s l e e p i n g ) u p o n h i s / h e r p o s t ) ( d i d
l e a v e h i s / h e r p o s t b e f o r e h e / s h e w a s r e g u l a r l y
relieved).
39. Article 114—Dueling
a. Text of statute.
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
fights or promotes, or is concerned in or connives
at fighting a duel, or who, having knowledge of a
challenge sent or about to be sent, fails to report
the fact promptly to the proper authority, shall
be punished as a court-martial may direct.
b. Elements.
(1) Dueling.
( a ) T h a t t h e a c c u s e d f o u g h t a n o t h e r p e r s o n
with deadly weapons;
39.f.(1)
(b) That the combat was for private reasons;
and
(c) That the combat was by prior agreement.
(2) Promoting a duel.
(a) That the accused promoted a duel between
certain persons; and
( b ) T h a t t h e a c c u s e d d i d s o i n a c e r t a i n
manner.
(3) Conniving at fighting a duel.
(a) That certain persons intended to and were
about to engage in a duel;
( b ) T h a t t h e a c c u s e d h a d k n o w l e d g e o f t h e
planned duel; and
(c) That the accused connived at the fighting of
the duel in a certain manner.
(4) Failure to report a duel.
(a) That a challenge to fight a duel had been
sent or was about to be sent;
(b) That the accused had knowledge of this
challenge; and
(c) That the accused failed to report this fact
promptly to proper authority.
c. Explanation.
(1) Duel. A duel is combat between two persons
for private reasons fought with deadly weapons by
prior agreement.
(2) Promoting a duel. Urging or taunting another
to challenge or to accept a challenge to duel, acting
as a second or as carrier of a challenge or acceptance,
or otherwise furthering or contributing to the
fighting of a duel are examples of promoting a duel.
(3) Conniving at fighting a duel. Anyone who has
knowledge that steps are being taken or have been
taken toward arranging or fighting a duel and who
fails to take reasonable preventive action thereby
connives at the fighting of a duel.
d. Lesser included offense. Article 80—attempts
e . M a x i m u m p u n i s h m e n t . F o r a l l A r t i c l e 1 1 4 o f -
fenses: dishonorable discharge, forfeiture of all pay
and allowances, and confinement for 1 year.
f. Sample specifications.
(1) Dueling.
In that (personal jurisdiction data)
( a n d ) , d i d , ( a t / o n b o a r d — l o c a t i o n )
(subject-matter jurisdiction data, if required), on or
about 20 , fight a duel
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