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installation, vessel, vehicle, or aircraft used
by or under the control of the armed forces
a substance described in subsection (b)
shall be punished as a court-martial may
direct.
(b) The substances referred to in
subsection (a) are the following:
(1) Opium, heroin, cocaine,
amphetamine,
lysergic acid
diethylamide, methamphetamine,
phencyclidine, barbituric acid, and
marijuana and any compound or
derivative of any such substance.
(2) Any substance not specified
in clause (1) that is listed on a
schedule of controlled substances
prescribed by the President for the
purposes of this article.
(3) Any other substance not
specified in clause (1) or contained
on a list prescribed by the President
under clause (2) that is listed in
schedules I through V of section
202 of the Controlled Substances
Act (21 U.S.C. 812).
Art. 113. Misbehavior of Sentinel
Any sentinel or lookout who is found
drunk or sleeping upon his post, or leaves
it before he is regularly relieved, shall be
punished, if the offense is committed in
time of war, by death or such other punish-
ment as a court-martial may direct, but if
the offense is committed at any other time,
by such punishment other than death as a
court-martial may direct.
A post is not limited by some actual or
imaginary line, nor is it confined to those times
when you may be on watch as a sentry. This article
covers all periods when you are standing a watch
of any kind, such as guarding stores or prisoners
or acting as a bow lookout. It also covers periods
when you are performing any other duty that
requires you to remain alert at all times.
A sentinel on post who is found asleep or
drunk is guilty of a serious offense; in time of war,
the offense may be punishable by death. For
persons in the armed forces, drunkenness is
prejudicial to good order and discipline whenever
and wherever it appears. Being drunk in public,
whether a person is in uniform or civilian clothes,
may bring discredit upon the service, while being
drunk on station is a breach of military discipline.
But being drunk while on duty as a sentinel or
lookout in time of war might endanger every
person in the command.
Art. 114. Dueling
Any person subject to this code who
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.
Art. 115. Malingering
Any person subject to this code who for
the purpose of avoiding work, duty, or
service—
(1) feigns illness, physical dis-
ablement, mental lapse or derange-
ment; or
(2) intentionally inflicts self-
injury;
shall be punished as a court-martial may
direct.
“Malingering” is an offense defined as any
act to avoid duty by pretending to be ill or
physically/mentally disabled.
Art. 116. Riot or Breach of Peace
is
Any person subject to this code who
causes or participates in any riot or breach
of the peace shall be punished as a court-
martial may direct.
The term “riot” is used when a disturbance
caused by a group of three or more persons
engaged in a concerted action against anyone who
may oppose them.
“Breach of the peace” is an unlawful disturb-
ance by violent or turbulent means that disturbs
the peace of the community. Engaging in a fight
or using abusive words in public are examples of
breach of the peace. As used in this article,
“community” includes any military installation
or ship as well as a civilian community.
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