Page 521 - Trump Executive Orders 2017-2021

10224 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(b) Affirmative defense. The accused's lack of knowledge of the duties assigned is an
affinnative defense to this offense.
(3) Drunk prisoner.
(a) Prisoner. See subparagraph 24.c.(l).
(b) Drunk. See subparagraph 49.c.(l)(a).
d. Maximum punishment.
(1) Drunk on duty. Bad-conduct discharge, forfeiture of all pay and allowances, and
confinement for 9 months.
(2) Incapacitation for duty from drunkenness or drug use. Confinement for 3 months and
forfeiture of two-thirds pay per month for 3 months.
(3) Drunk prisoner. Confinement for 3 months and forfeiture of two-thirds pay per month for
3 months.
e. Sample spec{fications.
( 1) Drunk on duty.
Tn that (personal jurisdiction data), was, (at/on board-location)
(subject-matter jurisdiction, if required), on or about 20 _,found drunk while on duty as

(2) lncapacilalion.for duty from drunkenness or drug use.
ln that (personal jurisdiction data), was, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _, as a result of previous
overindulgence in intoxicating liquor or dmgs incapacitated for the proper performance of (his)
(her) duties.
(3) Drunk prisoner.
ln that (personal jurisdiction data), a prisoner, was (at/on board-
location) (subject-matter jurisdiction, ifrequired), on or about __ 20 _, found dmnk.

50. Article 112a (10 U.S.C. 912a)-\Vrongful use, possession, etc., of controlled substances
a. 1 ext of statute.
(a) Any person subject to this chapter who wrongfully uses, possesses, manufactures,
distributes, imports into the customs territory of the United States, exports from the United
States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the
control of the armed forces a substance described in subsection (b) shall be punished as a
court-martial may direct.
(b) The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide,
methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or
derivative of any such substance.
(2) Any substance not specified in clause (1) that is listed on a schedule of
controlled substances prescribed by the President for the purposes of this article.
(3) Any other substance not specified in clause (1) or contained on a list
pr·escribed by the President under clause (2) that is listed in schedules I through V of section
202 ofthe Controlled Substances Act (21 U.S.C. § 812).
b. Elements.
( 1) Wrongful possession of controlled substance.
(a) That the accused possessed a certain amount of a controlled substance; and
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(b) That the possession by the accused was wrongful.

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