What Actions are Considered Violations of UCMJ Article 92 and What are the Potential Consequences?

As a member of the United States Armed Forces, you are expected to abide by a strict set of rules and regulations at all times. Failure to do so can result in disciplinary action, including a court-martial. One of the most commonly cited articles of the Uniform Code of Military Justice (UCMJ) is Article 92, which addresses failure to obey an order or regulation. 

UCMJ Article 92 states that “any person subject to this chapter who--(1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.” 

What does this mean in practice? Essentially, it means that any service member who disobeys a lawful order or regulation can be subject to disciplinary action. This can include a range of punishments, from a reprimand or reduction in rank to confinement and dishonorable discharge. 

It’s important to note that there are a few key elements that must be present for a violation of Article 92 to occur. First, the order or regulation in question must be lawful – that is, it must be a valid and enforceable requirement that is within the authority of the commanding officer to issue. Second, the service member must have knowledge of the order or regulation and understand that it applies to them. Finally, the service member must fail to obey the order or regulation, either by actively disobeying it or by failing to take action as required.

UCMJ Punitive Articles 

There are a total of 77 punitive articles in the UCMJ. Here is a brief overview of some of the most commonly cited articles: 

Article 86 - Absence Without Leave (AWOL): This article states that any member of the military who fails to go to their appointed place of duty can be punished as a court-martial may direct. 

Article 92 - Failure to Obey Orders: This article states that any member of the military who violates or fails to obey any lawful general order or regulation can be punished as a court-martial may direct. 

Article 120 - Rape and Sexual Assault: This article outlines the criminal offenses of rape and sexual assault and the punishments associated with them. 

Punitive Articles of the UCMJ 

In conclusion, the UCMJ is a crucial document that outlines the expectations of behavior for military personnel. Violating the UCMJ can lead to severe consequences, including a court-martial and the possibility of imprisonment. The 77 Punitive Articles of the UCMJ list criminal offenses that military personnel can be charged with, and it is essential for all members of the military to be familiar with these articles to avoid any legal troubles. 

If you or a loved one is facing a court-martial or any legal charges related to the UCMJ, it is crucial to consult with an experienced military defense attorney. The Bilecki Law Group has a team of experienced court-martial defense attorneys who specialize in defending military personnel against all types of charges. Contact us today to schedule a free consultation.

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