UCMJ Article 91 – Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer

UCMJ Article 91 criminalizes insubordinate conduct toward warrant officers, noncommissioned officers (NCOs), or petty officers. This provision protects the authority of enlisted and warrant leaders who are essential to discipline, training, and mission execution. Article 91 covers three main offenses: striking or assaulting a warrant or NCO, willfully disobeying their lawful orders, and treating them with contempt or disrespect while they are in the execution of their duties.

Unlike Article 90, which applies to commissioned officers, Article 91 focuses on enlisted and warrant leadership. The military recognizes that these leaders are often the direct supervisors of service members and need the authority to enforce discipline and carry out missions. By punishing disrespect, assault, and disobedience, Article 91 reinforces the backbone of military structure.

Key Elements

The prosecution must prove specific elements depending on the charge:

1. Assault or striking:

  • The accused assaulted, struck, or attempted to strike a warrant officer, NCO, or petty officer.
  • The victim was in the execution of official duties.
  • The accused knew the victim was a warrant officer, NCO, or petty officer.

2. Willful disobedience:

  • The accused received a lawful order from the warrant officer, NCO, or petty officer.
  • The accused knew the person giving the order held that position.
  • The accused willfully disobeyed the order.

3. Contempt or disrespect:

  • The accused used contemptuous words or behaved disrespectfully toward the warrant officer, NCO, or petty officer.
  • The victim was performing official duties at the time.

Scope and Application

Article 91 applies broadly to enlisted members and officers when interacting with warrant officers, NCOs, or petty officers. Respect for these leaders ensures that discipline flows down the chain of command effectively. The law applies in both peacetime and wartime, in garrison or in the field.

Disrespect may take the form of words, gestures, or behavior that undermines authority. Disobedience must be intentional, not negligent. Assault includes attempts or threats as well as physical attacks.

Punishment

The severity of punishment varies depending on the misconduct:

  • Assaulting or striking: dishonorable discharge, forfeiture of pay, and confinement for up to 10 years.
  • Willful disobedience: dishonorable discharge, forfeiture of pay, and confinement for up to 5 years.
  • Contempt or disrespect: bad-conduct discharge, forfeiture of pay, and confinement for up to 1 year.

Punishment reflects the seriousness of undermining leadership that is vital for military operations.

Defenses

Potential defenses include:

  • Unlawful order: Orders outside the scope of authority or contrary to law are not punishable.
  • Lack of knowledge: If the accused did not know the individual was a warrant officer, NCO, or petty officer.
  • Not willful: Misunderstanding or accidental failure to comply does not amount to willful disobedience.
  • Not disrespectful: Critical but respectful communication does not violate the article.
  • Self-defense: Assault may be excused if the accused reasonably defended themselves against unlawful force.

Examples

If a soldier pushes a sergeant giving lawful orders, Article 91 applies. If a sailor deliberately refuses to carry out a lawful order from a petty officer, it is willful disobedience. If an airman mocks a warrant officer during duty formation, that is disrespect. On the other hand, respectfully raising concerns or mistakes through proper channels is not a violation.

Conclusion

Article 91 reinforces discipline by protecting the authority of warrant officers, NCOs, and petty officers. These leaders are critical to daily operations, training, and maintaining standards. By punishing insubordination, the UCMJ ensures respect flows through the chain of command, preserving order and effectiveness across the armed forces.

Frequently Asked Questions

1. What types of conduct are punished under Article 91?
Assaulting, willfully disobeying, or showing contempt toward warrant officers, NCOs, or petty officers. Each undermines authority and discipline.

2. How is Article 91 different from Article 90?
Article 90 applies to commissioned officers, while Article 91 applies to warrant officers, NCOs, and petty officers. The structure of authority is similar, but the protected categories differ.

3. Can disrespect be nonverbal?
Yes, gestures, tone, or behavior that clearly show contempt may qualify as disrespect. It is not limited to spoken words.

4. What if the order given was unlawful?
Service members are not required to obey unlawful orders. A lawful order must be within the authority of the officer or NCO and consistent with law and regulations.

5. What is the maximum punishment for assaulting an NCO?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 10 years. This reflects the seriousness of physical attacks on authority.

6. Is accidental failure to follow an order punishable?
Not under Article 91. The law requires willful disobedience. Honest mistakes or misunderstandings do not qualify.

7. Can a service member criticize an NCO without violating Article 91?
Yes, if the criticism is respectful and made through proper channels. The law does not silence legitimate concerns but prohibits contemptuous or mocking conduct.

8. What counts as “in execution of duties”?
When the NCO, petty officer, or warrant officer is performing official tasks related to their role. Off-duty disputes may not qualify under Article 91.

9. Does Article 91 apply to all service branches?
Yes, it applies across the Army, Navy, Marine Corps, Air Force, Coast Guard, and Space Force. Each service enforces it through its own regulations.

10. Why is Article 91 important?
Because warrant officers, NCOs, and petty officers are the backbone of the military. Respecting their authority is crucial for maintaining discipline, training, and mission success.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 891, Article 91
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0118
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Phillips, 74 M.J. 20 (2015)
  • 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 91 or any other UCMJ provision, you should consult a qualified military attorney.

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