Article 91 Of The Uniform Code Of Military Justice (UCMJ) addresses insubordinate behavior by enlisted personnel or warrant officers towards warrant officers, noncommissioned officers (NCOs), or petty officers. This provision of military law is critical in maintaining order and discipline within the armed forces, specifically outlining prohibited interactions with superiors in the NCO and warrant officer ranks. Service members may face charges under UCMJ Article 91 if they are accused of actions such as striking or assaulting an NCO or petty officer while they are performing their duties. Furthermore, allegations of willfully disobeying lawful orders from these superiors or showing disrespect towards them can also lead to charges under this article.
Elements of UCMJ Article 91: Defining Insubordinate Conduct
The specific actions that constitute a violation of Article 91 UCMJ are clearly defined. According to the legal text, any warrant officer or enlisted member is in violation if they:
(1) Assault or Strike: Physically strikes or assaults a warrant officer, noncommissioned officer, or petty officer who is actively performing their official duties.
(2) Willful Disobedience: Intentionally disobeys a lawful order given by a warrant officer, noncommissioned officer, or petty officer.
(3) Contempt or Disrespect: Treats a warrant officer, noncommissioned officer, or petty officer with contempt, or uses disrespectful language or behavior towards them while the superior is carrying out their official responsibilities.
Consequences of Violating UCMJ Article 91
Article 91 UCMJ is categorized as one of the punitive articles, meaning that service members accused of violating it can be subjected to a court-martial. While court-martial proceedings are possible, they are typically reserved for more serious offenses within the military justice system. In cases related to Article 91, particularly those involving failure to obey orders or regulations, administrative actions are often more common. These administrative measures can include actions such as an Article 15, Captain’s Mast (for Navy and Marine Corps personnel), or a General Officer Memorandum of Reprimand (GOMOR). These administrative actions can further lead to an administrative separation board (AdSep), which could result in separation from service.
For anyone facing allegations under UCMJ Article 91, understanding the nuances of the charges, potential defenses, and possible outcomes is crucial. Seeking counsel from an experienced military attorney is highly recommended to navigate the complexities of military law and ensure the best possible defense.
