UCMJ Article 92 – Failure to Obey Order or Regulation

UCMJ Article 92 is one of the most frequently charged provisions in military law. It criminalizes three types of misconduct: (1) violation or failure to obey a lawful general order or regulation, (2) failure to obey any other lawful order, and (3) dereliction of duty. Each reflects the military’s fundamental need for obedience and reliability in carrying out missions.

Article 92 covers a wide spectrum of behavior, from disobeying standing regulations to neglecting essential duties. Because it applies across the chain of command, it is a cornerstone of discipline and accountability.

Key Elements

1. Violation of a lawful general order or regulation:

  • A general order or regulation existed.
  • The accused had a duty to obey it.
  • The accused violated or failed to obey the order or regulation.

2. Failure to obey other lawful order:

  • The accused received a lawful order from a superior.
  • The accused knew of the order.
  • The accused failed to obey the order.

3. Dereliction of duty:

  • The accused had certain duties.
  • The accused knew or should have known of those duties.
  • The accused willfully or negligently failed to perform them.

Scope and Application

Article 92 applies to all service members. Violations may involve standing orders, service-wide regulations, or direct commands from superiors. Dereliction of duty can include failing to keep watch, neglecting equipment, or ignoring assigned responsibilities.

The law distinguishes between intentional violations and negligent failures. Willful disobedience is punished more severely, but even negligence may be sufficient for conviction under dereliction of duty.

Punishment

Maximum penalties vary depending on the offense:

  • Violation of a lawful general order or regulation: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
  • Failure to obey other lawful order: Bad-conduct discharge, forfeiture of pay, and confinement for 6 months.
  • Dereliction of duty: If willful, bad-conduct discharge, forfeiture of pay, and confinement for 6 months. If negligent, forfeiture of pay and confinement for 3 months.

These punishments highlight the seriousness of disobedience and neglect in the armed forces.

Defenses

Possible defenses include:

  • Unlawful order: Orders that are illegal or outside the issuing authority’s scope are not punishable.
  • Lack of knowledge: If the accused did not know about the order and could not reasonably have known, liability may not attach.
  • Impossibility: If compliance was impossible under the circumstances, the offense may not stand.
  • Mistake: Honest misunderstandings about duty requirements may serve as partial defenses.

Examples

If a soldier disregards a posted general order prohibiting alcohol in barracks, Article 92 applies. If an airman is told to secure equipment and deliberately ignores the order, they are guilty under the second category. If a sailor fails to maintain watch due to negligence, they may be guilty of dereliction of duty.

Conclusion

Article 92 is essential for preserving discipline and mission effectiveness. By criminalizing disobedience of orders, violation of regulations, and dereliction of duty, it ensures accountability at every level of the military. The article strikes a balance between punishing willful defiance and negligent failures, reinforcing the importance of obedience and responsibility.

Frequently Asked Questions

1. What kinds of orders fall under Article 92?
General orders, service regulations, and specific commands from superiors. All must be lawful and within the issuing authority’s scope.

2. Is ignorance of an order a defense?
If the order was properly published or communicated, ignorance is generally not a defense. However, if the accused could not reasonably have known, lack of knowledge may excuse liability.

3. What is dereliction of duty?
Failing to perform assigned duties through willfulness or negligence. Examples include sleeping on guard, neglecting maintenance, or ignoring required checks.

4. Can an unlawful order be disobeyed?
Yes. Service members are not required to obey unlawful orders. Orders that are clearly illegal do not create liability for disobedience.

5. How does Article 92 differ from Article 90 or 91?
Articles 90 and 91 address disobedience of superiors, while Article 92 covers broader violations including general orders, regulations, and duties.

6. Can negligence alone lead to conviction?
Yes, under dereliction of duty. A negligent failure to carry out duties can result in conviction even without intent.

7. How serious is violating a general order?
It is one of the most serious Article 92 offenses. Maximum punishment includes dishonorable discharge and 2 years of confinement.

8. What if compliance was impossible?
Impossibility can be a defense if the accused could not reasonably comply. Courts evaluate whether the service member made good-faith efforts.

9. Does Article 92 apply in peacetime?
Yes, it applies at all times. Discipline and obedience are required in both peacetime and combat operations.

10. Why is Article 92 one of the most common charges?
Because it covers a wide range of misconduct, from minor disobedience to serious neglect. Its broad scope makes it a frequent tool in maintaining discipline.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 892, Article 92
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0119
  • 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 92 or any other UCMJ provision, you should consult a qualified military attorney.

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