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Text.

See Paragraph 60 (Article 134 - General Article).

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) That, 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 of bring discredit upon the armed forces.

Explanation.

(1) Liquor. See paragraph 74c(2).

(2) Incapacitated. Incapacitated means unfit or unable to perform properly. A person is “unfit” to perform duties if at the time the duties are to commence, the person is drunk, even though physically able to perform the duties. Illness resulting from previous overindulgence is an example of being “unable” to perform duties. For a discussion of “drunk” see paragraph 35 c(3) (article 111).

(3) Affirmative defense. The accused’s lack of knowledge of the duties assigned is an affirmative defense to this offense.

Lesser included offense. . Article 80—attempts

Maximum punishment. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.