Page 479 - Trump Executive Orders 2017-2021

10182 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

sentinel or lookout was posted. The offense of leaving post is not committed when a sentinel or
lookout goes an immaterial distance from the post, unless it is such a distance that the ability to
fully perform the duty for which posted is impaired.
(c) On post. A sentinel or lookout becomes "on post" after having been given a lawful order
to go "on post" as a sentinel or lookout and being formally or informally posted. The fact that a
sentinel or lookout is not posted in the regular way is not a defense. It is sufficient, for example, if
the sentinel or lookout has taken the post in accordance with proper instruction, whether or not
formally given. A sentinel or lookout is "on post" within the meaning of the article not only when
at a post physically defined, as is ordinarily the case in garrison or aboard ship, but also, for
example, when stationed in observation against the approach of an enemy, or detailed to use any
equipment designed to locate friend, foe, or possible danger, or at a designated place to maintain
internal discipline, or to guard stores, or to guard prisoners while in confinement or at work.
(d) Sentinel or lookouf. A "sentinel" or a "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.
(e) Drunk. For an explanation of"drunk," see subparagraph 51.c.(6).
(f) Sleeping. As used in this article, "sleeping'' is that condition of insentience which is
sufficient sensibly to impair the full exercise of the mental and physical faculties of a sentinel or
lookout. It is not necessary to show that the accused was in a wholly comatose condition. The fact
that the accused's sleeping resulted from a physical incapacity caused by disease or accident is an
affirmative defense. See R.C.M. 916(i).
(2) Loitering or wrongjidl.y sitting on post by a sentinel or lookout.
(a) In general. The discussion set forth in subparagraph 22.c.(l) applies to loitering or
sitting down while posted as a sentinel or lookout in violation of Article 95(b) as well.
(b) Loiter. "Loiter" means to stand around, to move about slowly, to linger, or to lag behind
when that conduct is in violation of known instructions or accompanied by a failure to give
complete attention to duty.
d. Alaximum punishment.
(1) Drunk or sleeping on post, or leaving post before being relieved
(a) In time oj\var. Death or such other punishment as a court-martial may direct.
(b) While receiving special pay under 37 U.S.C. § 310. Dishonorable discharge, forfeiture
of all pay and allowances, and confinement for 10 years.
(c) In all other places. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 1 year.
(2) Loitering or wrongfi1lly sitting on post by a sentinel or lookout.
(a) In time of war or while receiving special pay under 37 US.C. § 310. Dishonorable
discharge, forfeiture of all pay and allowances, and confinement for 2 years.
(b) Other cases. Bad-conduct discharge, forfeiture of all pay and allowances, and
confinement for 6 months.
e. Sample specifications.
(1) Drunk or sleeping on post, or leaving post before being relieved.
In that (personal jurisdiction data), on or about 20 (a time of
war) (at/on board-location), (while receiving special pay under 37 U.S. C. § 310), being (posted)
(on post) as a (sentinel) (lookout) at (warehouse no. 7) (post no. 11) (for radar observation)
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