UCMJ Article 91: Disobedience and Insubordination in the Military

UCMJ Article 91 is a crucial provision in the Uniform Code of Military Justice that governs disobedience and insubordination by enlisted service members towards superior officers, noncommissioned officers (NCOs), and petty officers. Violating UCMJ Article 91 can result in severe consequences, including court-martial, loss of rank, and even discharge from the military.

What is UCMJ Article 91?

UCMJ Article 91 addresses misconduct involving the failure to obey orders, showing disrespect, or assaulting superior officers. This article is designed to preserve order and reinforce the chain of command, which is vital for military efficiency and discipline.

Under Article 91, a service member can be charged for:

  1. Willfully disobeying a lawful order from a superior NCO or petty officer.

  2. Acting in a disrespectful manner toward a superior.

  3. Threatening or physically assaulting a superior while they are performing their official duties.

These offenses are taken seriously because they can disrupt unit cohesion, weaken command authority, and compromise mission readiness.

Violations Under UCMJ Article 91

There are three primary types of violations under UCMJ Article 91:

1. Disobedience of a Lawful Order

  • A superior issued a lawful order.

  • The accused was aware of the order and the superior’s rank.

  • The accused willfully disobeyed the order.

2. Disrespect Toward a Superior

  • The accused acted in a disrespectful manner (verbally or physically) toward a superior.

  • The superior was performing official duties.

  • The accused knew the person was a superior officer.

3. Assault on a Superior Officer

  • The accused physically assaulted or threatened a superior.

  • The superior was in the execution of their duties.

  • The accused was aware of the superior’s rank.

Punishments for Violating UCMJ Article 91

Penalties for violating UCMJ Article 91 vary depending on the severity of the offense. Possible punishments include:

  • Reduction in rank

  • Forfeiture of pay and allowances

  • Confinement (up to five years for assault offenses)

  • Dishonorable or bad conduct discharge

A service member found guilty of assaulting a superior may face the most severe consequences, including extended imprisonment and permanent separation from the military.

Defenses Against UCMJ Article 91 Charges

Service members accused of violating UCMJ Article 91 have the right to present a defense. Common defenses include:

  1. Unlawful Order – If the order was illegal or violated military regulations, the accused may challenge its validity.

  2. Lack of Knowledge – The accused may not have been aware that the individual issuing the order was a superior officer.

  3. Self-Defense – If the accused acted in self-defense against a superior officer’s aggression, this could serve as a mitigating factor.

  4. Lack of Intent – If the accused’s actions were accidental rather than intentional, the charges might be reduced or dismissed.

The Importance of UCMJ Article 91 in Military Discipline

UCMJ Article 91 plays a crucial role in maintaining the discipline necessary for military operations. Respecting the chain of command ensures that orders are followed efficiently, which is vital for mission success and overall unit cohesion. By upholding military values, service members contribute to a well-ordered and functional force.

Conclusion

Understanding UCMJ Article 91 is essential for all enlisted personnel. Disobedience, disrespect, or assault toward a superior can lead to serious legal and career consequences. By adhering to military laws and respecting authority, service members can uphold the core values of duty, discipline, and professionalism within the U.S. Armed Forces.

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