Understanding Article 91 of the UCMJ: Offenses against superior officers

Article 91 of the Uniform Code of Military Justice (UCMJ) outlines offenses committed against superior officers. It is a serious offense and can result in severe consequences, including demotion, dishonorable discharge, and even imprisonment. Understanding this article is critical for all military personnel to avoid committing any violations and to know their rights as service members.

The article defines three types of offenses against superior officers: Insubordination, disrespect, and assault. Insubordination refers to refusing to obey a lawful order from a superior officer. Disrespect includes using contemptuous words, gestures, or behavior towards a superior officer or showing them any disrespect. Assault involves the use of physical force or violence against a superior officer.



While these offenses may seem straightforward, there are nuances and exceptions to each. For example, an order must be lawful and reasonable for a service member to be obligated to follow it. Likewise, disrespectful behavior must be overt and direct, not merely implied. Assault must involve an actual physical attack, not just a threat or verbal altercation.

The consequences for violating Article 91 UCMJ can vary depending on the severity of the offense and the service member's rank and position. For minor offenses, a verbal reprimand or warning may be sufficient, while more severe violations can result in dishonorable discharge, demotion, forfeiture of pay, and confinement for up to two years.

It's important to note that service members also have rights when it comes to Article 91 charges. They have the right to counsel, the right to remain silent, and the right to confront their accuser. It's crucial to seek legal counsel immediately upon receiving an Article 91 charge to understand your options and protect your rights.

In conclusion, Article 91 of the UCMJ is a crucial component of military law that outlines the offenses committed against superior officers. It's vital for service members to understand this article thoroughly and the consequences that come with violating it. By knowing their rights and responsibilities, military personnel can ensure they uphold the highest standards of conduct and avoid any legal issues that may arise.

Location: United States

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