(1) sells or otherwise disposes of;(2) willfully or through neglect damages,destroys, or loses; or(3) willfully or through neglect suffers tobe lost, damaged, sold, or wrongfully disposedof;any military property of the United States,shall be punished as a court-martial maydirect.Whether the property in question was issued to theaccused, whether it was issued to someone other thanthe accused, or whether it was issued at all isimmaterial.Willfulmeans intentional. Neglect meansinattention to duty or failure to take action that, underthe circumstances, should have been taken to preventthe loss, destruction, or damage of any militaryproperty.Art. 109. Property Other Than MilitaryProperty of United States—Waste, Spoilage,or DestructionAny person subject to this chapter whowillfully or recklessly wastes, spoils, orotherwise willfully and wrongfully destroys ordamages any property other than militaryproperty of the United States shall be punishedas a court-martial may direct.Wastesand spoils refer to wrongful acts ofvoluntary destruction, such as burning down buildings,burning piers, tearing down fences, or cutting downtrees. To be destroyed, property need be onlysufficiently damaged to be useless for the purpose forwhich it was intended. Damage consists of anyphysical injury to the property. The property must beother than military property of the United States andmust belong to one other than the accused.Art. 110. Improper Hazarding of Vessel(a) Any person subject to this chapter whowillfully and wrongfully hazards or suffers tobe hazarded any vessel of the armed forcesshall suffer death or such punishment as acourt-martial may direct.(b) Any person subject to this chapter whonegligently hazards or suffers to be hazardedany vessel of the armed forces shall bepunished as a court-martial may direct.The word suffers means to allow or permit. Aperson suffers a ship to be hazarded who, although notin direct control of the vessel, knows a danger to beimminent but takes no steps to prevent it. For example,a plotting officer of a ship under way inadvertently failsto report observation of a radar target on a collisioncourse with, and dangerously close to, the ship. Theofficer has negligently suffered the ship to be hazarded.Art. 111. Drunken or Reckless DrivingAny person subject to this chapter whooperates any vehicle while drunk, or in areckless or wanton manner, or while impairedby a substance described in… (article112a(b)), shall be punished as a court-martialmay direct.Operating a vehicle includes not only driving orguiding it while in motion, it also includes starting it ormanipulating its controls to cause the vehicle to move.The term vehicle applies to all types of landtransportation, whether motor-driven or passengercarrying. Drunken or reckless operation of water or airtransportation may be charged as a violation of article134. For the meaning of drunk(en), see the remarksfollowing article 112.Art. 112. Drunk on DutyAny person subject to this chapter, otherthan a sentinel or lookout, who is found drunkon duty, shall be punished as a court-martialmay direct.The term on duty in article 112 refers to routine ordetailed duties on board a ship or station. The term doesnot cover periods of leave or liberty (which come undera different article), but does include duties of a standbynature. A person whose mental or physical abilities areimpaired by either liquor or drugs may be considereddrunk.2-29Student Notes:
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