U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 912

Art. 112. Drunkenness and other incapacitation offenses

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(a)Drunk on Duty.—Any person subject to this chapter who is drunk on duty shall be punished as a court-martial may direct.(b)Incapacitation for Duty From Drunkenness or Drug Use.—Any person subject to this chapter who, as a result of indulgence in any alcoholic beverage or any drug, is incapacitated for the proper performance of duty shall be punished as a court-martial may direct.(c)Drunk Prisoner.—Any person subject to this chapter who is a prisoner and, while in such status, is drunk shall be punished as a court-martial may direct.(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 114–328, div. E, title LX, § 5424, Dec. 23, 2016, 130 Stat. 2947.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

912

50:706.

May 5, 1950, ch. 169, § 1 (Art. 112), 64 Stat. 139.

Editorial NotesAmendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter other than a sentinel or look-out, who is found drunk on duty, shall be punished as a court-martial may direct.”

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions
Cited in 49 cases (5 in the last 5 years), 1958–2025 · leading case: United States v. Martinez, 70 M.J. 154 (C.A.A.F. 2011).
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United States v. Martinez, 70 M.J. 154 (C.A.A.F. 2011). · cites it 2× “§ 934 (as a lesser included offense of drunk on duty, Article 112, UCMJ, 10 U.S.C. § 912 ). The military judge found Martinez guilty in accordance with his pleas and sentenced him to reduction to E-1, confinement for six months, and a bad- conduct discharge.”
Parker v. Levy, 417 U.S. 733 (1974). · cites it 2× “112, 10 U. S. C. § 912 ; and malingering, Art.”
United States v. Alexander & U.S. v. Vanderschaaf, 63 M.J. 269 (C.A.A.F. 2006). · cites it 2× “Alexander Alexander was charged with two violations of Article 112a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 912 (a) (2000). The first specification alleged that Alexander: did, at or near Kandahar Air Field, Afghanistan, on divers occasions during February 2003,…”
United States v. Bennitt, 74 M.J. 125 (C.A.A.F. 2015). · cites it 2× “Pursuant to his pleas, a military judge sitting as a general court-martial convicted Appellant of four specifications of wrongful distribution of a controlled substance and three specifications of wrongful use of a controlled substance in violation of Article 112a, Uniform Code…”
United States v. Magyari, 63 M.J. 123 (C.A.A.F. 2006). “After a contested special court-martial before members, Appellant was convicted of wrongful use of methamphetamine, a schedule III controlled substance, in violation of Article 112(a), Uniform Code of Military Justice (UCMJ), 10 U.”
United States v. Roland, 50 M.J. 66 (C.A.A.F. 1999). “Pursuant to his pleas, appellant, an E-2, was convicted and sentenced by officer and enlisted members of use and distribution of methamphetamines, and introduction of methamphetamines onto McChord Air Force Base, Washington, in violation of Article 112(a), Uniform Code of…”
United States v. Fretwell, 11 C.M.A. 377 (1960). · cites it 2× “Latimer, Judge: Upon his plea of guilty, a general court-martial 1 convicted accused of violations of Articles 112 and 133, Uniform Code of Military Justice, 10 USC §§ 912 and 933, respectively. The convening authority approved, except that he reduced the adjudged punishment to…”
United States v. Miller, 62 M.J. 471 (C.A.A.F. 2006). “On November 21, 2003, at a special court-martial composed of a military judge sitting alone, Appellee was convicted, pursuant to his pleas, of various controlled substances offenses, in violation of Articles 112(a) and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§…”
United States v. Bulla, 58 M.J. 715 (2003). “§ 886 ; one specification of ■wrongful use of cocaine, in violation of Article 112(a), UCMJ, 10 U.S.C. § 912 (a); and one specification of wrongful appropriation of military property in violation of Article 121, UCMJ, 10 U.”
United States v. Green, 22 M.J. 711 (1986). “); or (3) Article 112, 10 U.S.C. § 912 (Drunk on Duty). In this instance, however, the accused was not charged with a violation of any of these *714 venerable military offenses.”
United States v. Yum, 10 M.J. 1 (1980). “In the instant case the appellant was charged with the service-discrediting conduct of impersonation without intent to defraud, an impersonation offense with historical reference and direct analogy to 10 U.S.C. § 912 [1]. Because we perceive analytical similarity with the…”
United States v. Roach, 26 M.J. 859 (1988). “These offenses include: Drunk on duty (Article 112, Uniform Code of Military Justice, 10 U.S.C. § 912 ); Drunk on board ship or in some other place (Article 134, Uniform Code of Military Justice, 10 U.”
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