UCMJ Article 92: Failure to Obey Orders and Regulations Explained

In the structured and disciplined environment of the United States Armed Forces, following lawful orders and regulations is not optional—it’s mandatory. One of the most commonly cited provisions in the Uniform Code of Military Justice (UCMJ) is UCMJ Article 92, which addresses failure to obey orders or regulations. This article is fundamental to maintaining the integrity, discipline, and effectiveness of military operations. In this blog, we’ll explore what Article 92 entails, the different types of violations, the consequences of non-compliance, and how it can impact a service member’s career.

What is UCMJ Article 92?

UCMJ Article 92 penalizes military personnel who fail to obey lawful general orders, lawful regulations, or the lawful orders of superiors. The article ensures that service members understand the seriousness of disobedience and the importance of upholding the chain of command.

There are three primary forms of violation under Article 92:

1. Failure to Obey a Lawful General Order or Regulation

2. Failure to Obey Other Lawful Orders

3. Dereliction of Duty

Each of these violations has specific legal elements that must be proven to secure a conviction.

1. Failure to Obey a Lawful General Order or Regulation

This occurs when a service member knowingly fails to comply with a published regulation or order that applies to a broad group or unit. Examples include disobeying COVID-19 protocols or uniform regulations. For a conviction, it must be shown that the accused had actual knowledge of the order and willfully disobeyed it.

2. Failure to Obey Other Lawful Orders

This applies to direct orders given by a superior that are lawful and clearly communicated. These can be verbal or written. For example, if a commanding officer tells a soldier to attend a specific training, and the soldier willfully fails to do so, it qualifies as a violation under Article 92.

3. Dereliction of Duty

A service member is derelict in duty when they knowingly or negligently fail to perform their assigned duties. For instance, a guard who falls asleep while on duty or fails to check identification at a secure facility may be charged under this clause.

Legal Elements of UCMJ Article 92

To convict someone under Article 92, the prosecution must prove:

• The order or regulation was lawful
  
  

• The service member had knowledge of the order
  
  

• The order was issued by someone with proper authority
  
  

• The failure to obey was willful or due to negligence
  
  

Orders that are illegal, unethical, or not properly issued cannot be the basis for an Article 92 charge.

Consequences of Violating Article 92

Violating UCMJ Article 92 can result in severe disciplinary actions including:

• Non-judicial punishment (Article 15)
  
  

• Court-martial proceedings
  
  

• Reduction in rank
  
  

• Forfeiture of pay
  
  

• Confinement
  
  

• Dishonorable or bad conduct discharge
  
  

Beyond legal consequences, a violation can damage a service member’s reputation, hinder promotions, and potentially end their military career.

Why Article 92 is Critical to Military Discipline

Military organizations rely on order, hierarchy, and swift execution of commands. UCMJ Article 92 ensures that every member understands the importance of obedience. Without it, missions can fail, lives can be lost, and national security can be compromised. This article not only enforces discipline but reinforces the foundational values of duty and respect within the military.

Conclusion

UCMJ Article 92 is a cornerstone of military justice and discipline. It emphasizes the importance of obeying lawful orders and maintaining accountability at all levels. Service members must be aware of their obligations and understand the serious implications of disobedience. Whether you're enlisted or an officer, compliance with Article 92 is essential to the cohesion, efficiency, and honor of the United States Armed Forces.