UCMJ Article 113 Misbehavior of Sentinel vs Article 134 Sentinel Offenses: Wartime Failures vs General Guard Misconduct
On this page: 5 sections
The idea that the sentinel article covers only wartime, with Article 134 filling in during peacetime, does not match the statute. Since January 1, 2019, sentinel and lookout offenses have been Article 95, and Article 113 now covers drunken or reckless operation of a vehicle. Article 95(a) applies in peace and war alike: war changes the maximum punishment, not whether the article applies.
Article 95 also has a second subsection, 95(b), for loitering or wrongfully sitting on post.
Article 95
(a) … Any sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved, shall be punished … (1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and (2) if the offense is committed other than in time of war, by such punishment, other than death, as a court-martial may direct.
(b) … Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 895 (Article 95), renumbered from § 913 by Pub. L. 114-328, § 5401(8).
Who is a sentinel or lookout
A sentinel or lookout is “a person whose duties include the requirement to maintain constant alertness, be vigilant, and remain awake, in order to observe for the possible approach of the enemy, or to guard persons, property, or a place and to sound the alert, if necessary” (MCM, Part IV, ¶ 22.c(1)(d)). The article does not include a member of the guard or a ship’s watch who is not posted as a sentinel or lookout, or a watchman or attendant whose duties do not require constant alertness (¶ 22.c(1)(a)).
On post. A sentinel is on post after a lawful order to go on post and being formally or informally posted; irregular posting is no defense. Being on post is not limited to a marked spot: it includes observing for the enemy, operating equipment to detect friend, foe, or danger, keeping internal discipline at a designated place, guarding stores, or guarding prisoners (¶ 22.c(1)(c)).
Post. The post “is not limited by an imaginary line,” and leaving it is not committed by going an immaterial distance unless the distance impairs the ability to perform the duty (¶ 22.c(1)(b)).
The offenses
- Drunk on post. “Drunk” means intoxication sufficient to impair the rational and full exercise of mental or physical faculties (¶ 22.c(1)(e), referring to ¶ 51.c(6)).
- Sleeping on post. Sleeping is “that condition of insentience which is sufficient sensibly to impair the full exercise of the mental and physical faculties”; a wholly comatose condition need not be shown. Sleep caused by a physical incapacity from disease or accident is an affirmative defense (¶ 22.c(1)(f)).
- Leaving post before being regularly relieved.
- Loitering or wrongfully sitting down on post, 95(b). To loiter is “to stand around, to move about slowly, to linger, or to lag behind” when that violates known instructions or comes with a failure to give complete attention to duty (¶ 22.c(2)(b)).
What changes the punishment
The maximum turns on two circumstances, each of which must be pleaded and proved as an added element: time of war, and receipt of special pay under 37 U.S.C. § 310 (¶ 22.b). The table below sets out the result.
| Offense | Maximum (MCM, Part IV, ¶ 22.d) |
|---|---|
| Drunk or sleeping on post, or leaving post, in time of war | Death or such other punishment as a court-martial may direct |
| The same, while receiving special pay under 37 U.S.C. § 310 | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
| The same, all other cases | Dishonorable discharge, forfeiture of all pay and allowances, 1 year |
| Loitering or wrongfully sitting on post, in time of war or while receiving special pay | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
| Loitering or wrongfully sitting on post, other cases | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
For example, a sentinel at a stateside ammunition point in peacetime who falls asleep on post commits the Article 95(a) offense, with a maximum of a dishonorable discharge and 1 year. Sitting down to read a phone, awake but not attentive and contrary to post instructions, raises wrongfully sitting on post under Article 95(b) instead. Whether a person’s duties required constant alertness, and whether a condition amounted to sleeping, are measured against the definitions in ¶ 22.c(1)(d) and (f).
In a capital case, the members decide whether a death-eligible conviction results in death or life without eligibility for parole, or return the matter to the military judge (10 U.S.C. § 853(c)(1)). Otherwise, where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial (§ 853(b)(1)).
Sources
- 10 U.S.C. § 895, offenses by sentinel or lookout (Article 95)
- 10 U.S.C. § 913, drunken or reckless operation of a vehicle, aircraft, or vessel (Article 113)
- 37 U.S.C. § 310, special pay: duty subject to hostile fire or imminent danger
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 22.
General legal information on Article 95; it does not assess any guard post, watch, or duty roster. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.