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See Paragraph 60 (Article 134 - General Article).

Elements.

(1) Disrespect to a sentinel or lookout.

(a) That a certain person was a sentinel or lookout;

(b) That the accused knew that said person was a sentinel or lookout;

(c) That the accused used certain disrespectful language or behaved in a certain disrespectful manner;

(d) That such language or behavior was wrongful;

(e) That such language or behavior was directed toward and within the sight or hearing of the sentinel or lookout;

(f) That said person was at the time in the execution of duties as a sentinel or lookout; and

(g) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

(2) Loitering or wrongfully sitting on post by a sentinel or lookout.

(a) That the accused was posted as a sentinel or lookout;

(b) That while so posted, the accused loitered or wrongfully sat down on post; and

(c) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. [Note: If the offense was committed in time of war or while the accused was receiving special pay under 37 U.S.C. § 310, add the following element after element (a): That the accused was so posted (in time of war) (while receiving special pay under 37 U.S.C. § 310).]

Explanation.

(1) Disrespect. For a discussion of “disrespect,” see paragraph 13c(3) in the Manual Of Courts Martials (linked to a 3.5M PDF)..

(2) Loitering or wrongfully sitting on post.

(a) In general. The discussion set forth in Article 113 applies to loitering or sitting down while posted as a sentinel or lookout 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.

Lesser included offenses.

(1) Disrespect to a sentinel or lookout. Article 80—attempts

(2) Loitering or wrongfully sitting on post by a sentinel or lookout. Article 80—attempts

Maximum punishment.

(1) Disrespect to a sentinel or lookout. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.

(2) Loitering or wrongfully sitting on post by a sentinel or lookout.

(a) In time of war or while receiving special pay under 37 U.S.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.