UCMJ Article 112b: Drunkenness, Incapacitation For Performance Of Duties

All of the UCMJ articles require prosecutors to prove beyond a reasonable doubt a handful of critical assumptions—known as elements—to convict you of a crime. To convict a service member of drunkenness or incapacitation due to drugs and/or alcohol, prosecutors must prove the following four elements:

1. That the accused had certain duties to perform;
2. That the accused was incapacitated for the proper performance of such duties;
3. That such incapacitation was the result of previous wrongful indulgence in intoxicating liquor or any drug; and
4. Under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

A service member in the United States armed forces who is suspected of being unfit to tend to his duties due to drunkenness, a hang-over, or the aftereffects of an illegal substance, could be accused and convicted under Article 112(b) of the UCMJ: Drunkenness, Incapacitation for Performance of Duties. 

Many service members would never suspect that a hangover could single-handedly bring down their entire military career. But this is absolutely the case if your commanding officer discovers that your duties have been neglected or poorly handled due to a prior night out.

• A conviction on your military record will make it unlikely that you will be promoted. Your military career may not be destroyed overnight, but over the course of years, it could end in disgust and frustration.
• Your pay will be docked for months, putting the significant financial strain on you and your family.
• A conviction of drunkenness could leave you behind bars for months or even a year or more if you are charged with additional offenses.

Summary of the Elements of Article 112(b) (Drunkenness/Incapacitation from Drugs or Alcohol): A service member may be charged with this offense under Article 112(b) if he or she is found unable to perform his or her duties due to intoxication from drugs or alcohol. Prosecutors must also prove that the service member’s inability had an effect on good order and discipline or was service discrediting.

Before you can fight your charges, you must take them seriously. If you know what you stand to lose and believe your military career is worth fighting for, then contact Bilecki Law Group TODAY for a confidential consultation.