Article 112 Drunk on Duty
Under this article enlisted members who are found to be under the influence
while on duty are punished severely as directed through a court martial.
This article covers incidents when an enlisted member (other than a sentinel
or lookout) is drunk. Situations where the accused is under the influence
of drugs or other intoxicating substances are covered in Article 112a.
The elements to be proven in these trials are as follows:
- That at a specific time and place, the accused individual was on specific duty
- That at this time, he was found to be drunk
Maximum Punishment for Violation of Article 112
If the accused is found guilty of violating Article 112, he faces maximum
punishment of nine months confinement, bad conduct discharge, forfeiture
of all allowances and pay.
Explanation of Article 112
Under this article the word 'drunk' means that the person is intoxicated
to such a degree that he is incapable of acting rationally or using his
mental and physical faculties fully. The question of when the accused
is deemed to be 'on duty' is an important one since he is in violation
of the article
only when he is drunk while performing his duties. When the person is supposed to be performing routine duties in garrison,
he is 'on duty', officers of the day and guard duty members are
on duty throughout their tour and commanders are deemed to be on duty
at all times while they are exercising command over their unit/ garrison etc.
During wartime or in locations where hostile exchanges are taking place,
the circumstances are different and the meaning of the word 'on duty'
may be modified in accordance. In such situations, the members of the
command are deemed to be on duty at all times. For more information on
this article, please refer to the Manual for Courts Martial.
Points to Note about Article 112
That fact that the accused was drunk even before came on duty does not
affect his guilt except in extenuating circumstances
- Persons who are absent from duty and found to be elsewhere in a drunken
state cannot be charged under this article.
- Persons who refuse to perform their duty because they are drunk are not
violating this particular article.
- Being drunk while on anticipatory duty, for example while standing by for
flight duty, falls under this article.
- The accused may be able to defend himself by showing that his superior
officers assigned the duty to him despite being well aware of his drunken state.
- The accused has strong defense if his drunken state is the result of medicinally