Art. 108. Military Property of the United
States—Loss, Damage, Destruction, or
Wrongful Disposition
Any person subject to this chapter who, without
proper authority—
(1) sells or otherwise disposes of;
(2) willfully or through neglect damages,
destroys, or loses; or
(3) willfully or through neglect suffers to
be lost, damaged, sold, or wrongfully disposed
of;
any military property of the United States, shall
be punished as a court-martial may direct.
Whether the property in question was issued to the
accused, whether it was issued to someone other than
the accused, or whether it was issued at all is immaterial.
Willful means intentional. Neglect means
inattention to duty or failure to take action that, under
the circumstances, should have been taken to prevent
the loss, destruction, or damage of any military
property.
Art. 109. Property Other Than Military
Property of United States—Waste, Spoilage, or
Destruction
Any person subject to this chapter who
willfully or recklessly wastes, spoils, or
otherwise willfully and wrongfully destroys or
damages any property other than military
property of the United States shall be punished
as a court-martial may direct.
Wastes and spoils refer to wrongful acts of
voluntary destruction, such as burning down buildings,
burning piers, tearing down fences, or cutting down
trees. To be destroyed, property need be only
sufficiently damaged to be useless for the purpose for
which it was intended. Damage consists of any physical
injury to the property. The property must be other than
military property of the United States and must belong
to one other than the accused.
Art. 110. Improper Hazarding of Vessel
(a) Any person subject to this chapter who
willfully and wrongfully hazards or suffers to
be hazarded any vessel of the armed forces shall
suffer death or such punishment as a
court-martial may direct.
(b) Any person subject to this chapter who
negligently hazards or suffers to be hazarded
any vessel of the armed forces shall be punished
as a court-martial may direct.
The word suffers means to allow or permit. A
person suffers a ship to be hazarded who, although not
in direct control of the vessel, knows a danger to be
imminent but takes no steps to prevent it. For example, a
plotting officer of a ship under way inadvertently fails to
report observation of a radar target on a collision course
with, and dangerously close to, the ship. The officer has
negligently suffered the ship to be hazarded.
Art. 111. Drunken or Reckless Driving
Any person subject to this chapter who
operates any vehicle while drunk, or in a
reckless or wanton manner, or while impaired
by a substance described in… (article 112a(b)),
shall be punished as a court-martial may direct.
Operating a vehicle includes not only driving or
guiding it while in motion, it also includes starting it or
manipulating its controls to cause the vehicle to move.
The term vehicle applies to all types of land
transportation, whether motor-driven or passenger
carrying. Drunken or reckless operation of water or air
transportation may be charged as a violation of
article 134. For the meaning of drunk(en), see the
remarks following article 112.
Art. 112. Drunk on Duty
Any person subject to this chapter, other
than a sentinel or lookout, who is found drunk
on duty, shall be punished as a court-martial
may direct.
The term on duty in article 112 refers to routine or
detailed duties on board a ship or station. The term does
not cover periods of leave or liberty (which come under
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