Article 110 UCMJ – Improper Hazarding of a Vessel – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 110 of the Uniform Code of Military Justice criminalizes improperly hazarding a vessel. This offense applies to any service member who recklessly, negligently, or intentionally endangers a ship, boat, cutter, submarine, or any other vessel belonging to or operated by the United States Armed Forces.

Article 110 allegations often arise in the Navy and Coast Guard, but can apply to any branch when a service member operates, navigates, or supervises watercraft. These cases frequently involve navigation errors, negligent seamanship, collisions, groundings, mechanical failures, operational mishaps, leadership failures, alcohol-related mistakes, or maintenance negligence. Even minor incidents can trigger aggressive investigations, especially when a vessel is damaged or mission readiness is impaired.

Florida—home to Naval Station Mayport, NAS Jacksonville, Coast Guard Sector Jacksonville, Sector Miami, Sector Key West, Sector St. Petersburg, Air Station Clearwater, NSA Panama City, and heavy military maritime traffic—is a hotspot for Article 110 allegations. High boat density, busy waterways, unpredictable weather, heavy civilian traffic, and complex port operations increase the likelihood of accidents and misunderstandings.

Gonzalez & Waddington defends service members facing Article 110 accusations by dismantling negligent-seamanship theories, exposing mechanical failures, highlighting command or maintenance faults, and showing that any alleged “hazarding” was unavoidable, unintentional, or not due to the accused.

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What Article 110 Criminalizes

A service member may violate Article 110 if they:

• Suffer a vessel to be hazarded
• Willfully hazard a vessel
• Wrongfully and negligently hazard a vessel
• Operate a vessel in a dangerous manner
• Fail to properly supervise navigation or engineering operations
• Ignore safety, navigation, or engineering procedures
• Cause a vessel collision, grounding, or near-miss

A “hazarding” event includes anything placing the vessel in danger of loss, damage, collision, grounding, fire, flooding, or loss of control.

Examples of Article 110 Incidents

• Running aground through navigation error
• Colliding with civilian vessels or docks
• Negligent watchstanding leading to near-misses
• Improper helm or throttle inputs
• Failure to follow COLREGS (Rules of the Road)
• Disabling ship systems by accident
• Failing to set or maintain proper navigation watch
• Allowing vessel to drift into hazard areas
• Improper mooring procedures causing damage
• Taking a small craft out in unsafe weather

These cases often involve multiple contributing factors—not just the accused’s actions.

Elements the Government Must Prove

1. The Accused Wrongfully, Willfully, or Negligently Endangered a Vessel

The danger must be real—not hypothetical.

2. The Vessel Belonged to or Was Operated by the U.S. Armed Forces

Includes Navy, Coast Guard, Army watercraft, Marine Corps vessels, and Air Force-owned assets.

3. The Hazard Was Caused by the Accused’s Conduct

This is the most contested element—mechanical, environmental, or systemic failures frequently contribute.

4. The Conduct Was Wrongful

Accidents, equipment faults, bad directions, and unpredictable weather undermine this element.

What Article 110 Is NOT

The following situations do not automatically equal improper hazarding:

• Equipment failure outside the operator’s control
• Weather-related loss of steering or propulsion
• Conflicting or unclear directions from the chain of command
• Incidents caused by poor maintenance
• Navigation errors due to faulty charts or instruments
• Damage caused by another crew member
• Situational emergencies requiring risky maneuvers
• Environmental factors (currents, wind gusts, fog)

The military often blames the most junior or vulnerable sailor, soldier, or coxswain—regardless of real fault.

Why Article 110 Cases Are Often Weak

• Investigators fail to consider mechanical failure
• Poor maintenance history ignored
• Watchstanders, OODs, or senior leaders escape scrutiny
• Training shortfalls contribute to mistakes
• Environmental factors override sailor decisions
• Crew fatigue or operational tempo ignored
• Complex operations with high risk of error
• Accidents blamed on individuals instead of systemic issues

Article 110 cases often collapse when examined by maritime experts.

Why Article 110 Allegations Are Common in Florida

Florida’s environment produces unique maritime hazards:

• Heavy civilian boat traffic near Mayport, Miami, Key West, and Tampa Bay
• Shallow waters increasing the risk of grounding
• Unpredictable storms and tropical systems
• Fast currents in Jacksonville and St. Johns River areas
• High-value Navy and Coast Guard vessels
• Tight port navigation channels (Miami, JaxPort, Tampa)
• Special operations training in coastal regions

These risks create potential mishaps even when crews act properly.

Florida-Specific Article 110 Scenarios

1. Mayport Small Boat Collisions

Busy waterways and recreational boaters create unpredictable hazards.

2. NAS Key West Training Mishaps

High-speed ops in shallow water increase risk of equipment strikes or groundings.

3. Coast Guard Cutter Incidents

Chasing drug traffickers or conducting SAR missions in rough seas creates unavoidable risks.

4. Port of Miami Navigation Challenges

Tight maneuvering near cruise ships and commercial vessels leads to exaggerated allegations.

5. Air Station Clearwater Boat Launch Mishaps

Rapid deployments can cause hurried loading procedures, misinterpretations, and accidents.

6. Storm-Related Vessel Damage

Hurricanes and tropical storms cause unpredictable vessel movement.

How Article 110 Investigations Work

Investigations typically include:

• Coast Guard or Navy marine casualty investigations
• NCIS / CGIS / CID, depending on situation
• Navigation and engineering logs
• VDR (Voyage Data Recorder) analysis
• Bridge, helm, and engine-room interviews
• Charts, GPS, AIS, radar, and plot data review
• Maintenance records
• Weather reports and marine advisories

Common Investigation Failures We Expose

• Ignoring mechanical failures or maintenance lapses
• Misreading VDR or navigation data
• Interview bias—junior personnel blamed unfairly
• Environmental factors disregarded
• Poor training or lack of certification ignored
• Improper supervision from senior leadership
• Watchstanding errors by others misattributed to accused

Defense Strategies for Article 110 Cases

1. Mechanical Failure Defense

Engine, steering, propulsion, electrical, or sensor failures undermine criminal responsibility.

2. Environmental Factors

Weather, currents, waves, or visibility issues undermine intent or negligence.

3. Command / Supervisory Negligence

Poor leadership often causes or worsens the mishap.

4. Florida-Specific Defenses

• Shallow-water challenges
• Dense civilian boat traffic
• Rapidly changing coastal conditions

5. Watch Team Fatigue

High operational tempo reduces performance and can be mitigating.

6. Faulty Charts / Navigation Aids

Incorrect electronic or paper data creates errors outside the operator’s control.

7. No Actual Hazard

If the vessel was never genuinely in danger, Article 110 does not apply.

8. Expert Witness Testimony

We use maritime experts, naval engineers, and navigation specialists.

Potential Punishments for Article 110 Violations

Punishment varies by intent:

Willful Hazarding

• Life imprisonment
• Dishonorable discharge
• Total forfeitures
• Reduction to E-1

Negligent Hazarding

• Confinement up to 2 years
• Bad conduct discharge
• Total forfeitures
• Reduction to E-1

Even unintentional incidents can end a service member’s career if not properly defended.

Pro Tips for Anyone Accused Under Article 110

• Do NOT speak to investigators without legal counsel.
• Do NOT accept blame for mechanical failure or poor supervision.
• Preserve logs, texts, emails, and navigation notes.
• Document sea conditions, weather, and orders received.
• Identify witnesses from the watch team.
• Avoid discussing the incident with the chain of command.
• Hire a defense lawyer who understands maritime operations.

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Article 110 – Frequently Asked Questions