What to Know About UCMJ Article 92: Failure to Obey Order or Regulation

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Members of the military must follow their own code of conduct known as the Uniform Code of Military Justice (“UCMJ”). The UCMJ houses many important articles that must be adhered to by all members of the U.S. armed forces. Here is what to know about UCMJ Article 92: Failure to Obey Order or Regulation. 

What is an Article 92 Violation?

A service member can be charged with an Article 92 violation if he or she:

  1. Violates or fails to obey any lawful general order or regulation;
  2. Has knowledge of any other lawful order issued by a member of the armed forces, which it is his or her duty to obey, fails to obey the order; or
  3. Is derelict in the performance of his or her duties.

Proving an Article 92 Violation

For a service member to be found guilty of violating Article 92, the prosecution must prove the following beyond a reasonable doubt:

  1. There was a specific lawful general order or regulation in effect;
  2. The accused had a duty to obey such order or regulation; and
  3. The accused violated or failed to obey said order or regulation. 

A service member may also be prosecuted for a violation of Article 92 through dereliction of duty if the prosecution can show that the accused:

  1. Possessed certain duties;
  2. Knew or reasonably should have known of those duties; and
  3. Was willfully derelict in his or her performance of those duties. 

For a service member to be prosecuted under Article 92, the order in question must have been given by someone who had the authority to give it, the order must have retained its validity even after a change of command, and the order or regulation must have been lawful and enforceable.

Consequences of an Article 92 Violation

The consequences for a violation of Article 92 are dependent upon the specific facts and circumstances of the violation at hand. It carries a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. However, it could result in a dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years. 

For dereliction in the performance of duties through neglect or culpable inefficiency consequences could include the forfeiture of two-thirds pay per month for 3 months and confinement for 3 months.

The punishment for a dereliction in the performance of duties through neglect or culpable inefficiency resulting in death or grievous bodily harm includes a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 18 months.

If convicted of willful dereliction in the performance of duties an individual may receive a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Willful dereliction of duty that results in either death or grievous bodily harm results in a punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

The Court-Martial Law Division of Aviso Law LLC Helps Military Members in Colorado Who Have Been Charged with a Crime

The U.S. Government has an interest in obtaining a conviction as soon as possible, as it does not wish to gain negative publicity about one of its service members. That is why it is so important to consult with a knowledgeable and experienced military attorney as soon as possible. If you are a military service member and have been charged with a crime under the UCMJ, the Court-Martial Law Division of Aviso Law LLC can help. Just because you have been charged with something it does not make you guilty. We proudly serve our military members, who sacrifice so much for our country. To learn more or to schedule a free consultation, contact us today!

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