Article 91 UCMJ: Insubordinate Conduct and Its Consequences in the Military

Discipline and respect for authority are essential pillars of military service. The U.S. military enforces these standards through the Uniform Code of Military Justice (UCMJ), a set of laws that govern service members' conduct. Among these laws, Article 91 UCMJ plays a critical role in addressing insubordination, particularly when it involves disrespect or disobedience toward warrant officers, noncommissioned officers (NCOs), and petty officers. In this blog, we’ll break down the key aspects of Article 91, explore real-world applications, and explain what happens when a service member is accused of violating this article.

What Is Article 91 UCMJ?

Article 91 UCMJ criminalizes insubordinate conduct toward a superior enlisted leader. This includes:

  • Assaulting

  • Disobeying

  • Disrespecting a warrant officer, NCO, or petty officer.

For this article to apply, the superior must be performing their official duties, and the accused must be subject to the UCMJ (e.g., an enlisted service member or warrant officer).

The purpose of this law is to maintain the integrity of the chain of command, promote order, and ensure operational effectiveness.

Types of Offenses Under Article 91

There are three main types of misconduct under Article 91 UCMJ:

1. Assault

Physically attacking or threatening violence against a superior enlisted leader. Even attempting an assault can be grounds for prosecution.

2. Disobedience

Willfully refusing to comply with a lawful order given by a warrant officer, NCO, or petty officer. The order must be clearly understood and lawful.

3. Disrespect

Using insulting language, gestures, or tone toward a superior—especially when done in public or in a way that undermines their authority.

Key Elements Required for Conviction

To convict someone under Article 91 UCMJ, the prosecution must prove:

  • The accused is subject to the UCMJ.

  • The victim was a warrant officer, NCO, or petty officer performing official duties.

  • The accused knew the status of the individual.

  • The act (assault, disobedience, or disrespect) occurred as alleged.

Examples of Violations

  • A corporal ignores a sergeant’s command to report for duty.

  • A sailor uses profane language when speaking to a petty officer.

  • A soldier throws a punch at a staff sergeant during a heated argument.

Even minor acts of disobedience or sarcasm can trigger an investigation, especially if they happen in front of subordinates and erode the authority of the chain of command.

Punishment for Violating Article 91

Penalties for violating Article 91 UCMJ vary depending on the severity of the offense but may include:

  • Reduction in rank

  • Forfeiture of pay

  • Confinement (up to 1–5 years depending on the offense)

  • Bad conduct or dishonorable discharge

A conviction can have long-term impacts on a service member’s career, benefits, and civilian life.

Possible Defenses

Facing charges under Article 91 doesn’t mean an automatic conviction. Common defenses include:

  • The order was unlawful – Military members are not required to obey unlawful commands.

  • The officer was not acting in an official capacity – Article 91 applies only when the superior is performing official duties.

  • The accused did not know the individual’s rank – Knowledge of the superior’s status is necessary for conviction.

  • The conduct was not disrespectful – Sometimes behavior is misinterpreted, especially under stress or in informal settings.

Legal counsel is essential in building a defense tailored to the facts of the case.

Conclusion

Article 91 UCMJ is a cornerstone of military discipline, designed to protect the authority of NCOs and warrant officers who serve as leaders across all branches of the armed forces. Disobedience, disrespect, or assault toward these leaders can result in serious legal and professional consequences. Service members should understand the boundaries of lawful conduct and the importance of the chain of command. If you or someone you know is facing Article 91 charges, seeking experienced legal representation is crucial to ensure a fair and just process.

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