| |
(2) willfully or through neglect
damages, destroys, or loses; or
(3) willfully or through neglect
suffers to be lost, damaged,
destroyed, 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.
Art. 109. Property Other Than Military Property
of United StatesWaste, Spoilage, or
Destruction
Any person subject to this code 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 injured 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 code
who willfully and wrongfully hazards or
suffers to be hazarded any vessel of the
armed forces shall suffer death or such
other punishment as a court-martial may
direct.
(b) Any person subject to this code
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 pre-
vent it. For example, a plotting officer of a ship
underway inadvertently fails to report observa-
tion 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 code who
operates any vehicle while drunk, or in a
reckless or wanton manner, 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 the
setting of its motive power in action or the
manipulating of 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 opera-
tion of water or air transportation may be charged
as a violation of article 134. For the meaning of
drunk, see the remarks following article 112.
Art. 112. Drunk on Duty
Any person subject to this code, 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 a different article),
but does include duties of a standby nature. A
person whose mental or physical abilities are
impaired by either liquor or drugs may be con-
sidered drunk.
Art. l12a. Wrongful Use, Possession, etc., of
Controlled Substances
(a) Any person subject to this code
who wrongfully uses, possesses, manufac-
tures, distributes, imports into the customs
territory of the United States, exports from
the United States, or introduces into an
6-19
|