Page 520 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10223

(b) That the accused was drunk while on this duty.
(2) Incapacitation for duty from drunkenness or drug use.
(a) That the accused had certain duties to petform;
(b) That the accused was incapacitated for the proper performance of such duties; and
(c) That such incapacitation was the result of previous indulgence in intoxicating liquor or
any drug.
(3) Drunk prisoner.
(a) That the accused was a prisoner; and
(b) That while in such status the accused was drunk.
c. Explanation.
(1) Drunk on duty.
(a) Drunk. "Drunk" means-
(i) the state of intoxication by alcohol that is sufficient to impair the rational and full
exercise of mental or physical faculties; or
(ii) the state of meeting or exceeding a blood alcohol content limit with respect to
alcohol concentration in a person's blood of0.08 grams of alcohol per 100 milliliters ofblood and
with respect to alcohol concentration in a person's breath of0.08 grams of alcohol per 210 liters
ofbreath, as shown by chemical analysis.
(b) Duty. "Duty" as used in this article means military duty. Every duty which an officer or
enlisted person may legally be required by superior authority to execute is necessarily a military
duty. Within the meaning of this article, when in the actual exercise of command, the commander
of a post, or of a command, or of a detachment in the field is constantly on duty, as is the
commanding ot1icer on board a ship. fu the case of other ofllcers or enlisted persons, "on duty"
relates to duties or routine or detail, in garrison, at a station, or in the field, and does not relate to
those periods when, no duty being required of them by orders or re.srulations, officers and enlisted
persons occupy the status of leisure known as "oti duty" or "on liberty." In a region of active
hostilities, the circumstances are often such that all members of a command may properly be
considered as being continuously on duty within the meaning of this article. So also, an officer of
the day and members of the guard, or of the watch, are on duty during their entire tour within the
meaning of this article.
(c) Nature ofojjimse. It is necessary that the accused be drunk while actually on the duty
alleged, and the fact the accused became drunk before going on duty, although material in
extenuation, does not affect the question of guilt. If, however, the accused does not undertake the
responsibility or enter upon the duty at all, the accused's conduct does not fall within the terms of
this article, nor does that of a person who absents himself or herself from duty and is drunk while
so absent. fucluded within the article is drunkenness while on duty of an anticipatory nature such
as that of an aircraft crew ordered to stand by for flight duty, or of an enlisted person ordered to
stand by for guard duty.
(d) Defenses. If the accused is known by superior authorities to be drunk at the time a duty
is assigned, and the accused is thereafter allowed to assume that duty anyway, or if the drunkenness
results from an accidental over dosage administered for medicinal purposes, the accused will have
a defense to this offense.
(2) Incapacitation for duty from drunkenness or drug use.
(a) Incapacitated. "Incapacitated" means unfit or unable to properly perform duties as a
result of previous alcohol consumption or drug use. Illness resulting from previous indulgence is
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an example ofbeing "unable" to perform duties.

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