UCMJ Article 89 – Disrespect Toward a Superior Commissioned Officer

UCMJ Article 89 makes it a crime for a service member to show disrespect by words, behavior, or gestures toward a superior commissioned officer. The rule is rooted in the need for discipline and hierarchy in the armed forces. Respect for superior officers is fundamental to military order, and any open display of contempt or defiance undermines that structure.

Disrespect under Article 89 is broader than disobedience. A service member may obey an order but still violate the law if they do so in a disrespectful manner, such as with mocking words or insulting gestures. The offense can occur whether or not the officer is present, as long as the disrespect is directed toward them in a context where others are aware of it.

Key Elements

To prove disrespect under Article 89, the prosecution must show:

  1. That the victim was a commissioned officer of the U.S. armed forces.
  2. That the accused knew the person was a superior commissioned officer.
  3. That the accused displayed certain disrespectful behavior or used contemptuous words toward the officer.
  4. That the officer was the superior of the accused in the chain of command or within the same armed force.

Scope and Application

Disrespect can take many forms: spoken insults, written comments, mocking behavior, or defiant gestures. Tone and manner often determine whether words are disrespectful. The law is not intended to punish minor disagreements but deliberate or obvious acts that undermine authority.

The offense can apply even when the officer is not physically present. For example, publicly mocking a superior officer in front of other service members may constitute disrespect if it damages authority and discipline.

Punishment

The maximum punishment depends on whether the act occurred in the presence of the officer.

  • In presence of the officer: confinement for 1 year, forfeiture of all pay and allowances, and dishonorable discharge.
  • Not in presence of the officer: confinement for 6 months, forfeiture of pay, and a bad-conduct discharge.

The difference reflects the greater harm caused when disrespect is shown openly in front of the officer.

Defenses

Common defenses include:

  • Lack of knowledge: The accused did not know the individual was a superior commissioned officer.
  • Not disrespectful: The words or behavior were critical but not contemptuous.
  • Lawful communication: Respectful disagreement or lawful complaints expressed through proper channels are not punishable.
  • Freedom of expression context: Courts balance First Amendment concerns, but military necessity usually prevails where discipline is threatened.

Examples

If a junior officer openly insults their commanding officer during a meeting, Article 89 applies. A service member who mocks their superior in front of others or uses contemptuous gestures during formation may also be guilty. By contrast, respectfully voicing concerns through proper complaint procedures is not disrespect.

Conclusion

UCMJ Article 89 preserves the chain of command by punishing contemptuous or insulting conduct toward superior commissioned officers. The article reinforces discipline, authority, and respect, which are essential for military effectiveness. While it does not silence legitimate concerns, it demands that disagreements be expressed in a professional and respectful manner.

Frequently Asked Questions

1. What counts as disrespect under Article 89?
Disrespect includes contemptuous words, mocking gestures, or behavior that undermines authority. Courts look at tone, intent, and context to decide whether actions were disrespectful.

2. Does the officer need to be present?
No, disrespect can occur even when the officer is absent, if the comments or actions are directed at them in front of others. However, penalties are harsher if the officer is present.

3. How is punishment determined?
If the act occurred in the presence of the officer, maximum punishment is confinement for 1 year and dishonorable discharge. If not in presence, the maximum is 6 months confinement and a bad-conduct discharge.

4. Can criticism of an officer be considered disrespect?
Not if it is respectful and professional. Lawful complaints or disagreements expressed through proper channels are not violations. The offense applies to contemptuous or insulting conduct, not honest communication.

5. Does Article 89 apply to enlisted service members?
Yes, it applies to all service members who show disrespect to a superior commissioned officer. It does not apply to disrespect toward NCOs or warrant officers, which are covered under Article 91.

6. What if the accused did not know the person was a superior officer?
Knowledge is required. If the accused genuinely did not know the officer’s rank or position, that may be a defense.

7. Are private conversations covered?
Generally, private comments not shared with others are less likely to qualify. The offense requires communication that undermines authority or respect.

8. Is freedom of speech a defense?
Military law restricts speech more than civilian law to preserve discipline. Free speech is protected in some contexts, but contemptuous words that undermine command are punishable.

9. Can disrespect occur through social media?
Yes, public posts or messages mocking or insulting a superior officer can qualify as disrespect. The medium does not matter if the conduct undermines respect.

10. Why is Article 89 important?
Because respect for superior officers underpins the chain of command. The article ensures authority is maintained and discipline preserved, both essential for operational effectiveness.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 889, Article 89
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0116
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Noriega, 7 C.M.R. 196 (1953)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 89 or any other UCMJ provision, you should consult a qualified military attorney.

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