UCMJ Article 91: Understanding Insubordination in the Armed Forces

In the military, discipline and respect for authority are the foundation of operational success and unit cohesion. The Uniform Code of Military Justice (UCMJ) governs the behavior of service members and outlines the legal consequences for violations of military law. One of the key provisions addressing misconduct is UCMJ Article 91, which deals specifically with insubordination toward noncommissioned officers (NCOs), warrant officers, and petty officers.

What is UCMJ Article 91?

UCMJ Article 91 outlines offenses involving disobedience, disrespect, or assault against certain classes of military superiors. It applies to enlisted personnel and covers actions directed at warrant officers, noncommissioned officers (NCOs), and petty officers. The article exists to protect the authority of these leaders and ensure discipline is maintained within the ranks.

The article includes three main types of offenses:

  1. Disrespect Toward a Warrant, Noncommissioned, or Petty Officer

  2. Willful Disobedience of a Lawful Order

  3. Striking or Assaulting a Warrant, NCO, or Petty Officer

Each of these offenses carries serious consequences and can significantly impact a service member’s military career.

Key Elements of Article 91

To be found guilty under UCMJ Article 91, certain elements must be proven beyond a reasonable doubt:

  • The accused must be enlisted personnel.

  • The victim must be a warrant officer, NCO, or petty officer in the execution of their duties.

  • The accused knew the victim’s rank and status.

  • The act (disrespect, disobedience, or assault) was willful.

It’s important to note that lawful orders must be clearly issued and within the authority of the officer giving them. Unlawful orders or misunderstandings of rank can affect the validity of a charge under Article 91.

Common Violations and Examples

Violations of UCMJ Article 91 can range from verbal disrespect—such as using offensive language or refusing to stand at attention—to physically aggressive acts like pushing or striking an NCO. Even non-physical actions, like intentionally ignoring lawful orders or rolling one’s eyes in a disrespectful manner, can result in disciplinary action.

For instance, a service member who deliberately ignores a sergeant’s direct order to complete a task may face charges for willful disobedience. Similarly, openly cursing at a petty officer during a duty-related confrontation could qualify as disrespect under Article 91.

Punishments for Violating Article 91

The penalties for violating UCMJ Article 91 can be severe, especially if the offense involves assault or willful disobedience. Punishment may include:

  • Reduction in rank

  • Forfeiture of pay

  • Confinement (up to 5 years in extreme cases)

  • Dishonorable or bad-conduct discharge

  • Additional administrative penalties

The exact punishment depends on the nature and severity of the offense, the accused’s service record, and whether the case is tried at a summary, special, or general court-martial.

Defending Against an Article 91 Charge

Service members accused of violating UCMJ Article 91 have the right to defend themselves through legal counsel. Possible defenses may include:

  • The order was unlawful

  • The accused did not know the rank of the person involved

  • The behavior was not willfully disrespectful

  • The NCO or officer was not performing their official duties

A military defense attorney can help gather evidence, question witnesses, and argue for dismissal or reduced charges.

Conclusion

UCMJ Article 91 serves as a critical safeguard of military structure, ensuring that orders are followed and authority is respected. While it plays a key role in maintaining discipline, it must also be enforced fairly and justly. Understanding your rights and responsibilities under Article 91 can help service members navigate their duties with professionalism and integrity.

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