Art. 111. Drunken or Reckless Driving

(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 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 considered drunk. 2-29 Student Notes: