Yes, service members can raise duress as an affirmative defense to disobedience charges, though the defense faces strict limitations in military courts. Duress requires proving: (1) immediate threat of death or serious bodily harm; (2) well-grounded fear the threat would be carried out; (3) no reasonable opportunity to escape; and (4) the accused didn’t voluntarily enter the situation creating duress. The threat must be present, imminent, and impending – not future or speculative harm.
Military courts apply duress more restrictively than civilian jurisdictions due to service members’ duty to follow lawful orders despite personal risk. The defense rarely succeeds for combat-related disobedience where facing enemy fire is an inherent duty. However, unlawful threats from superiors or peers creating immediate danger may establish duress. Examples include threats of fratricide for refusing illegal orders or immediate violence for not participating in criminal activity.
The burden shifts to the accused to prove duress by a preponderance of evidence once raised. Economic pressure, career threats, or general fear of combat don’t constitute duress. The defense must demonstrate that a person of ordinary firmness would have been unable to resist given the circumstances. Military judges carefully instruct on duress elements, emphasizing that service members’ oath includes accepting certain dangers. Even if duress negates guilt, the underlying conduct may support administrative separation or other non-punitive measures.