Article 113 UCMJ – Misbehavior of a Sentinel or Lookout – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 113 of the Uniform Code of Military Justice criminalizes misbehavior of a sentinel or lookout. This offense is designed to protect the safety, security, and operational readiness of military units by requiring sentries, guards, watchstanders, and lookouts to remain vigilant, sober, alert, and competent while performing their duties.

Article 113 allegations typically involve claims that a guard or watchstander was asleep, drunk, absent from post, negligent, inattentive, distracted by a phone, improperly equipped, or otherwise derelict. The charge is serious because watchstanders are responsible for the protection of personnel, equipment, aircraft, ships, weapons, arms rooms, and sensitive operational areas.

Florida’s high operational tempo—especially at Mayport, NAS Jacksonville, Pensacola, Whiting Field, MacDill AFB, Eglin, Hurlburt Field, Tyndall, Patrick SFB, NSA Panama City, and Coast Guard sectors—makes Article 113 accusations especially common. Multiple bases operate 24/7 maritime, aviation, security, and operational watches, increasing the chance of misunderstandings, fatigue-related issues, and false assumptions.

Gonzalez & Waddington defends service members accused of Article 113 violations by attacking assumptions, exposing operational failures, challenging evidence, and showing when fatigue, medical issues, unrealistic watch cycles, and leadership failures—not misconduct—led to alleged misbehavior.

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What Article 113 Criminalizes

Article 113 makes it a crime for a sentinel or lookout to:

• Be found sleeping on post
• Be drunk or impaired while on guard duty
• Be absent from appointed post without authorization
• Leave post early or fail to report
• Fail to remain alert and attentive
• Engage in behavior inconsistent with guard duties (phone use, socializing, entertainment)
• Neglect responsibilities that risk security or mission failure

A “sentinel” is anyone assigned to keep watch—armed or unarmed.

Types of Article 113 Offenses

1. Sleeping on Post

Considered one of the most serious forms of misbehavior, especially during wartime or operational conditions.

2. Drunk or Impaired on Post

Similar to Article 112 but specifically tied to guard/watch duties.

3. Leaving Post Without Proper Relief

Even a brief absence may trigger Article 113 charges if it compromises security.

4. Negligent Performance

Inattention, playing on a phone, listening to music, or being distracted while on watch.

5. Failure to Follow Orders or SOPs

Skipping required checks, not maintaining radio communications, or ignoring watchstanding requirements.

Examples of Article 113 Situations

• Sailor found dozing on the quarterdeck watch
• Marine falling asleep on fire watch during field exercises
• Airman on restricted area entry control allegedly distracted
• Coast Guard member inattentive while monitoring surveillance systems
• Army soldier leaving guard tower for a bathroom break without relief
• NAVY watchstander accused of being on a cell phone while on roving patrol
• Exhausted trainee falling asleep during overnight fire watch

Most cases involve fatigue, unrealistic schedules, or misunderstandings, not intentional misconduct.

Elements the Government Must Prove

1. The Accused Was a Sentinel or Lookout

The government must show the individual was officially assigned to guard, watch, or lookout duty.

2. The Accused Engaged in Misbehavior

Such as sleeping, being drunk, leaving post, or failing to remain alert.

3. The Conduct Was Wrongful

Accidents, medical issues, and extreme fatigue may defeat this element.

4. The Misbehavior Was Prejudicial or Dangerous

The government must show the act created risk—not just annoyed leadership.

What Article 113 Is NOT

The following do NOT automatically constitute Article 113 violations:

• Momentary closing of eyes due to heat or wind
• Falling asleep because of untreated medical conditions
• Being tired due to illegal scheduling by leadership
• Temporary distraction caused by environmental hazards
• Leaving post when relieved or told to move by leadership
• Being forced to stand watch for excessive hours without rest
• Performance affected by dehydration or heat-related conditions

Watchstanding conditions matter—something many commands ignore.

Why Article 113 Cases Are Often Weak

• Commands overreact to minor fatigue
• Cell phone use misinterpreted (checking weather, time, or emergency messages)
• No evidence the accused was actually asleep
• Witness bias or poor angle of observation
• Medical conditions cause symptoms mistaken for impairment
• Excessive watch cycles violate regulations
• No proof the conduct created actual danger
• Fatigue caused by leadership—not the accused

Article 113 requires proof that the misbehavior actually endangered operations or security—not just annoyed superiors.

Why Article 113 Allegations Are Common in Florida

Florida’s operational environment creates unique pressures:

• High heat and humidity leading to fatigue and dehydration
• Rapid watch rotations aboard ships at Mayport
• Aviation and flight-line watches at NAS Jacksonville and Whiting Field
• Cutter deployments from Miami, Key West, and Clearwater
• Coast Guard law enforcement missions requiring 24/7 vigilance
• Maritime drug interdiction operations increasing stress and operational tempo

Fatigue—not negligence—is often the real cause.

Real-World Florida Article 113 Scenarios

1. Heat Exhaustion Misinterpreted as Sleeping

Common in Tampa, Jacksonville, Key West, and Pensacola summers.

2. Navy Watchstander Accused After 4-Hour Sleep Cycle

Illegal watch rotations often ignored by investigators.

3. Coast Guard Lookout Distracted During High-Seas Operations

Fatigue and sea-state motion mimic inattentiveness.

4. Aviation Security Watch on the Flight Line

Wind, jet noise, and long hours cause physical strain mistaken for impairment.

5. Marine Recruit Firewatch Falling Asleep After 18-Hour Day

Systemic training exhaustion blamed on the recruit.

6. Watchstander Accused of Drinking—But No Test Performed

Odor misinterpreted despite lack of forensic evidence.

How Article 113 Investigations Work

Expect review by:

• NCIS / CID / OSI / CGIS
• Command-directed investigations (CDI, JAGMAN, 15-6)
• Watchbills and logs
• Supervisor statements
• Surveillance and security footage
• Bodycam or gate camera evidence
• Environmental conditions review (heat index, temp, fatigue)

Common Investigation Problems We Expose

• No video confirmation of sleeping
• Incorrect or illegal watch rotations
• Misreporting based on assumption—not fact
• Inadequate training for watchstanders
• Medical symptoms mistaken for intoxication or sleep
• Command bias or retaliation
• Lack of forensic testing for alcohol or drugs

Defense Strategies for Article 113 Cases

1. Attack the Evidence of “Sleeping”

Witnesses often exaggerate or misinterpret posture, blinking, or head movements.

2. Highlight Illegal Watch Schedules

Many units violate sleep and rotation standards, making fatigue inevitable.

3. Show External Factors

• Heat exhaustion
• Medical issues
• Dehydration
• Operational tempo
• Stress or trauma

4. Forensic & Medical Defense

Medical conditions such as anemia, low blood sugar, or narcolepsy may explain symptoms.

5. Florida-Specific Defense Themes

• High humidity and heat index
• Outdoor security posts in extreme environments
• Fast-turn watch cycles for high-tempo units

6. Attack the Wrongfulness Element

Unavoidable fatigue or involuntary impairment defeats criminal liability.

Potential Punishments Under Article 113

Punishments depend on circumstances:

• Sleeping on post – up to 2 years confinement
• Drunk on post – up to 3 years confinement
• Absence from post – up to 1 year confinement
• Negligent performance – up to 6 months confinement
• Bad conduct or dishonorable discharge
• Total forfeitures
• Reduction to E-1

Even NJP-level Article 113 allegations can destroy a military career.

Pro Tips for Anyone Accused Under Article 113

• Do NOT admit being “tired” or “falling asleep.”
• Do NOT answer investigator questions without counsel.
• Get copies of watchbills, logs, and duty assignments.
• Document your sleep schedule and working hours.
• Identify witnesses who saw you alert.
• Gather medical evidence for fatigue or illness.
• Avoid discussing your case with peers or command.
• Hire an experienced UCMJ defense lawyer immediately.

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Article 113 – Frequently Asked Questions