UCMJ Article 90 – Assaulting or Willfully Disobeying a Superior Commissioned Officer

UCMJ Article 90 addresses two distinct but related offenses: assaulting a superior commissioned officer, and willfully disobeying a lawful command from a superior commissioned officer. Both acts strike at the heart of the chain of command. Respect for, and obedience to, superior officers is one of the most basic foundations of military discipline. An assault or open defiance of orders threatens not just the relationship between individuals but also the operational integrity of the armed forces.

This provision is considered more serious than Articles 89 or 91 because it specifically involves commissioned officers and combines both physical attacks and willful disobedience of lawful commands. Punishment reflects the gravity of undermining authority at this level.

Key Elements

For assaulting a superior commissioned officer, the prosecution must prove:

  1. That the accused assaulted a commissioned officer.
  2. That the victim was the superior commissioned officer of the accused.
  3. That the accused knew the victim was their superior commissioned officer.
  4. That the officer was in the execution of official duties.

For willful disobedience of a superior commissioned officer, the prosecution must prove:

  1. That the accused received a lawful command from a superior commissioned officer.
  2. That the accused knew the person giving the order was their superior commissioned officer.
  3. That the accused willfully disobeyed the command.

Scope and Application

Article 90 applies to any member of the armed forces, regardless of rank, when the victim is a superior commissioned officer. The “superior” relationship must be established by position in the chain of command, not just rank.

Disobedience must be willful, meaning intentional and deliberate, not negligent or accidental. Assault includes attempts or threats of violence as well as physical contact.

Punishment

  • Assaulting a superior officer: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 10 years.
  • Willful disobedience: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years.

These penalties reflect the seriousness of striking or defying lawful authority within the chain of command.

Defenses

Possible defenses include:

  • Lack of knowledge: If the accused did not know the victim was a superior commissioned officer.
  • Unlawful command: Orders that are illegal or beyond the officer’s authority are not protected.
  • Lack of willfulness: If disobedience was due to misunderstanding, confusion, or mistake.
  • Self-defense: In rare cases, assault may be excused if the accused acted to defend against unlawful force.

Examples

If a soldier strikes their company commander during an argument, Article 90 applies. If a service member receives a lawful order from a superior commissioned officer and deliberately refuses to follow it, they may be convicted of willful disobedience. By contrast, if a service member fails to comply because they did not hear or understand the order, the offense is not willful.

Conclusion

UCMJ Article 90 enforces respect and obedience within the chain of command. By criminalizing both assault and willful disobedience, it ensures that superior commissioned officers can lead without fear of violence or deliberate defiance. This article is essential for preserving order, discipline, and mission effectiveness across the armed forces.

Frequently Asked Questions

1. Why is Article 90 considered more serious than Article 89?
Article 90 involves either physical assault or willful disobedience of orders, both of which are more severe than disrespectful words or gestures. Assault and defiance directly undermine command authority.

2. What counts as an assault under Article 90?
Assault includes physical attacks, attempts to inflict harm, and threats of violence. Even raising a weapon or attempting to strike a superior officer can qualify.

3. Can an unlawful order be disobeyed without punishment?
Yes, service members are not required to obey unlawful orders. However, the burden is on the accused to show that the order was illegal or outside the officer’s authority.

4. What if the accused did not know the officer was their superior?
Knowledge is an element of the offense. If the accused did not know the person was a superior commissioned officer, liability under Article 90 may not apply.

5. Does Article 90 apply outside the chain of command?
No, the officer must be superior to the accused within the same chain of command. Merely being of higher rank is not enough.

6. Is negligence the same as willful disobedience?
No, negligence or accidental failure to comply does not qualify. The disobedience must be intentional, deliberate, and with full awareness of the order.

7. What is the maximum punishment for assaulting a superior officer?
Confinement for up to 10 years, along with dishonorable discharge and forfeiture of all pay and allowances. This reflects the gravity of violence against command authority.

8. What if the officer was not performing official duties?
The assault must occur while the officer is in the execution of their duties. An off-duty personal dispute may not qualify under Article 90, though other charges could apply.

9. Can self-defense ever justify assault on a superior officer?
Yes, but only in rare cases where the superior officer used unlawful force against the subordinate. The accused must show they acted reasonably to protect themselves.

10. Why is Article 90 essential for military discipline?
Because it ensures that orders are followed and that commanders are respected and safe from violence. Without such protections, the chain of command would break down, threatening mission success.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 890, Article 90
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0117
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Kisala, 64 M.J. 50 (2006)
  • 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 90 or any other UCMJ provision, you should consult a qualified military attorney.

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