UCMJ Article 92: Failure to Obey an Order

Rules and procedures are in place in the military for specific reasons, and men and women serving in the military are expected to follow them. When military personnel are given an order or notified of a procedure, they have a duty and responsibility to follow it. Article 92 of the Uniform Code of Military Justice (UCMJ) governs orders given in the military.

UCMJ Article 92 states that soldiers who violate an order can be held for criminal violations. The code is understandably a foundational expectation of those who choose to serve. Many of these orders and the understanding that they must be followed are instilled during basic training.

When violations occur, they can be seen as egregious and deliberately undermining those in command. Unfortunately, beyond basic training, there is a significant lack of reinforcement for this article unless there is a specific violation against it. The existence of general orders is needed and proper. However, some servicemembers are surprised when they commit a violation of an order. This often leaves a servicemember struggling to understand what violation occurred or how it happened. In these moments, it is important that you have a strong defense to keep your career intact.

Charges Applicable to Article 92 of the UCMJ

Article 92 comprises four main charges. However, it can often be accompanied by additional violations or be an additional charge for more serious violations. It is uncommon to be charged with disobeying orders in isolation, but the penalties can be severe if that happens. The main types of charges are as follows:

Violating a General Order or Regulation

The elements of this particular violation mean that:

• A lawful general order or regulation existed.
• There was a duty to abide by that order or regulation.
• The order or regulation was disobeyed or violated through an act, behavior, or supposed intent.

This violation is punishable by

• Possible dishonorable discharge
• Reduction in classification to E-1
• Forfeiture of allowances
• Up to two years of confinement

Violating Other Written Regulation or Order

This violation means that:

• A regulation or general order existed.
• There was knowledge that it existed.
• There was a duty to obey the order or regulation.
• The order or regulation was disobeyed.

This offense is punishable by

• A bad conduct discharge
• A reduction in classification to E-1
• Forfeiture of allowances
• Up to six months’ confinement

Failure to Obey a Lawful Order

The elements of this charge include:

• An order was issued.
• There was awareness of the order.
• There was a duty to abide by the order.
• There was a failure to follow the given order.

This violation is punishable by:

• A bad conduct discharge
• A reduction in classification to E-1
• Forfeiture of allowances
• Up to six months’ confinement

Dereliction of Duty

This particular charge can be approached in varying ways, but it always must begin with a specific duty assigned to an individual. From there, the prosecution could look to charge violations in two ways.

The first is called willful dereliction of duty. For this, the prosecutor must prove there was knowledge that the duty was assigned.

This charge is punishable by:

• A bad conduct discharge
• Reduction in classification to E-1
• Forfeiture of allowances
• Up to six months’ confinement

This violation could also be charged if the breach of duty was caused by negligence or another type of inefficiency. The prosecutor must prove that the accused should have had reasonable knowledge that the duties existed and failed to complete them.

This type of violation is punishable by

• A bad conduct discharge,
• A reduction in classification to E-1,
• A forfeiture of ⅔ of a month’s pay for three months
• Up to three months in confinement

Violating Regulations, Orders, and Duties

If the violation is against a regulation, it must apply to the individual being accused. There must also be evidence that the behavior was prohibited under the regulation. No matter what the intent of the regulation, it must state the specific punitive consequences for violations. One of the arguments against such regulations is that they do not properly specify that they are general orders. There may also exist exceptions that contradict the regulation, which means an individual may not have committed a crime.

When there are violations of other types of lawful orders, an individual with status gives an order to another who has a duty to obey said order. The individual giving the order does not have to be superior in rank. Litigation for these types of violations will often try to show that the individual receiving the order had no knowledge of it.

When orders are given, there is a presumption that they are lawful. There must, however, be a military purpose. This means that the order must be necessary for completing a military mission. This type of mission can include orders that are specific for morale, discipline, or usefulness for a unit. This can also include orders that prohibit certain behaviors in private that may be detrimental to the success of a unit or mission.

For a charge of dereliction of duty, the specific duty can be assigned by an individual or through “customs of the service.” When facing charges for dereliction of duty, the defense can attempt to show there were deficiencies in training or abilities that prevented the duty from being carried out.

Military Criminal Defense Attorney

If you are a member of the armed services and are accused of violating UCMJ Article 92, you should have representation that helps protect your career. At Aaron Meyer Law, our team can do just that. With almost 20 years as a commissioned JAG, our team has the knowledge and experience to understand the demands of military service and the impact of those demands on decision-making. That means we look at the specifics of your case to understand if violations actually occurred. We can also investigate the circumstances surrounding the accusation. We know your decision to be a member of the armed services means you take on the responsibility of protecting others. Let our team help protect you. Contact our offices today.