Tag: Articles of the UCMJ

What does Article 93 prohibit? Who can be charged under this rule?
• Article 93 punishes any military member who subjects a subordinate to cruelty, oppression, or maltreatment.
• It applies to individuals in a position of authority, including officers, NCOs, or anyone exercising command or supervision.

What constitutes cruelty or maltreatment under Article 93?
• Physical abuse, threats, harassment, humiliation, or other abusive treatment.
• Conduct that unnecessarily causes suffering or undermines dignity and morale.
• Behavior must exceed lawful correction or discipline and serve no legitimate purpose.

Does the subordinate need to be in the same unit?
• No, the relationship must involve legitimate authority or control, but not necessarily unit membership.
• Supervisory or command relationships are sufficient if the accused holds influence.

Is intent required to prove a violation?
• Yes, the prosecution must show the accused acted knowingly or recklessly.
• Good faith attempts at discipline or training are not punishable unless they cross into abuse.

What are examples of cruelty or maltreatment?
• Forcing excessive physical punishment as hazing.
• Verbal degradation or threats without lawful justification.
• Repeated humiliation of a junior member for intimidation or control.

What are the penalties under Article 93?
• Maximum punishment includes:
• Dishonorable discharge
• Total forfeiture of pay and allowances
• Reduction to E-1
• Confinement for up to 1 year

Are there defenses to Article 93 charges?
• Yes, defenses may include:
• The conduct was lawful correction or performance-related discipline.
• The accused lacked intent to harm or humiliate.
• The subordinate misunderstood the conduct or took offense outside context.

When should legal counsel be contacted in Article 93 cases?
• Immediately upon receiving accusations or facing inquiry.
• Early legal action can help present command context and prevent escalation of charges.

Source: UCMJ Article 93 Cruelty and Maltreatment…

What does Article 92 prohibit? Who can be charged under this rule?
• Article 92 punishes service members who fail to obey lawful general orders, other lawful orders, or violate regulations.
• It applies to all ranks and components under the Uniform Code of Military Justice.

What are the three main types of Article 92 violations?
• Violating or failing to obey a lawful general order or regulation.
• Failing to obey any other lawful order issued by a superior.
• Dereliction of duty through neglect or intentional failure.

What elements must be proven for a conviction?
• A lawful order or regulation existed.
• The accused had actual or constructive knowledge of it.
• The accused violated the order or regulation through act or omission.
• In dereliction cases, the duty was known and ignored willfully or negligently.

What are common examples of Article 92 violations?
• Disobeying standing COVID-19 protocols or safety directives.
• Ignoring a direct command from a superior officer or NCO.
• Failing to perform required duties such as guard watch or equipment checks.

What are the punishments under Article 92?
• Maximum penalties vary based on the violation:
• General order violation: dishonorable discharge, forfeiture of all pay, and confinement up to 2 years.
• Other lawful orders: bad conduct discharge, forfeiture, and confinement up to 6 months.
• Dereliction of duty: lesser sentences based on severity and context.

Are there defenses to Article 92 charges?
• Yes, valid defenses include:
• The order was unlawful.
• The accused lacked knowledge of the order.
• The failure was not willful or negligent.
• The duty was unclear or not properly assigned.

Can a vague or improperly issued order support an Article 92 charge?
• No, orders must be lawful, clearly communicated, and related to military duty.
• Ambiguity or lack of authority may invalidate the charge.

When should legal counsel be contacted in Article 92 cases?
• Immediately upon receiving notice of investigation or command inquiry.
• Legal support ensures proper analysis of the order’s legality, clarity, and applicability.

Source: UCMJ Article 92 Failure to Obey Order or Regulation…

What does Article 91 prohibit? Who can be charged under this rule?
• Article 91 punishes enlisted service members who are insubordinate toward warrant officers, NCOs, or petty officers.
• It applies when the superior is in the execution of official duties and the accused knows the person’s rank.

What types of conduct violate Article 91?
• Striking or assaulting a warrant officer, NCO, or petty officer.
• Willfully disobeying lawful orders.
• Using disrespectful language or gestures toward them while on duty.

What are the required elements for an Article 91 violation?
• The victim must be a warrant officer, NCO, or petty officer performing official duties.
• The accused must be enlisted and aware of the superior’s status.
• The conduct must be intentional, disrespectful, or violent.

What are examples of Article 91 offenses?
• Ignoring a sergeant’s direct command during a formation.
• Swearing at a chief petty officer during a duty assignment.
• Physically confronting a staff sergeant issuing lawful instructions.

What penalties apply under Article 91?
• Maximum punishment depends on the nature of the offense:
• Assault: dishonorable discharge, forfeiture, and confinement up to 3 years.
• Disobedience: bad conduct discharge and confinement up to 2 years.
• Disrespect: lesser punishment including confinement up to 1 year.

Are there valid defenses to Article 91 charges?
• Yes, including:
• The accused did not know the individual’s rank.
• The superior was not acting in an official capacity.
• The order given was unlawful.
• The conduct was not intentional or disrespectful.

Does Article 91 apply off-duty or in personal disputes?
• Typically, it only applies when the superior is performing official duties.
• Personal disputes may not qualify unless they involve duty-related interactions.

When should legal counsel be contacted for Article 91 allegations?
• Immediately upon notification of investigation or charges.
• Timely legal advice helps assess facts, establish context, and present defenses effectively.

Source: UCMJ Article 91 Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer…

What does Article 90 prohibit? Who can be charged under this rule?
• Article 90 punishes any military member who assaults, willfully disobeys, or shows insubordination toward a superior commissioned officer.
• The accused must be subject to the officer’s authority and know that the person is a superior commissioned officer.

What actions are punishable under Article 90?
• Assaulting the officer.
• Willfully disobeying a lawful command.
• Offering violence or showing open contempt toward the officer in execution of duties.

What are the key elements required for a violation?
• The officer is superior and commissioned.
• The accused is subject to the UCMJ and under the officer’s authority.
• The accused knew of the officer’s status and acted with intent.
• The officer was carrying out official duties at the time.

What are examples of misconduct under Article 90?
• Physically attacking or attempting to strike a superior officer.
• Directly refusing to carry out a lawful order with deliberate intent.
• Threatening or aggressively confronting a superior during official activities.

What are the penalties under Article 90?
• Maximum punishments may include:
• Dishonorable discharge
• Forfeiture of all pay and allowances
• Reduction to E-1
• Confinement up to 10 years for assault or threats
• Confinement up to 5 years for willful disobedience

Are there defenses against Article 90 charges?
• Yes, defenses may include:
• Lack of knowledge about the officer’s status
• The order was unlawful
• Self-defense in response to illegal force
• Mental incapacity or misunderstanding of the situation

Can emotional or spontaneous reactions still result in conviction?
• Yes, if the act was intentional and directed toward a superior officer, emotional stress does not excuse the behavior.
• Courts assess whether the action was willful and disrespectful, regardless of provocation.

When should legal counsel be contacted in Article 90 cases?
• Immediately after accusations or investigation begins.
• Legal support is essential to challenge intent, authority, and circumstances.

Source: UCMJ Article 90: Assaulting or Willfully Disobeying Superior Commissioned Officer…

What does Article 89 prohibit? Who can be charged under this rule?
• Article 89 punishes any service member who displays disrespect toward a superior commissioned officer while the officer is in the execution of official duties.
• The accused must be subject to the officer’s authority and aware of their superior status.

What qualifies as disrespect under Article 89?
• Disrespect includes rude language, gestures, insubordination, or acts that undermine authority.
• It can be verbal, written, or physical and may occur in public or private.

Does the officer have to be present for a violation to occur?
• No, disrespect in writing or speech outside the officer’s presence may still be punishable.
• However, greater penalties apply if the officer is present during the act.

Is intent required to prove a violation of Article 89?
• Yes, the accused must knowingly act in a manner intended to be disrespectful.
• Accidental or misunderstood actions may not meet the legal threshold.

What are common examples of Article 89 violations?
• Rolling eyes or mocking an officer’s orders.
• Speaking with sarcasm or contempt.
• Using profanity or derogatory comments about the officer.

What are the penalties for violating Article 89?
• Penalties vary depending on whether the act occurred in the officer’s presence:
• With the officer present: bad conduct discharge, total forfeiture, reduction to E-1, and confinement up to 1 year.
• Without presence: lesser confinement and administrative actions.

Are there defenses against Article 89 charges?
• Yes, defenses may include:
• Lack of awareness of the officer’s rank
• Lack of intent to show disrespect
• Protected speech under limited circumstances
• The officer was not performing official duties at the time

When should legal counsel be contacted in Article 89 cases?
• As soon as allegations arise or command actions begin.
• Early representation ensures proper context is presented and rights are preserved.

Source: UCMJ Article 89 Disrespect toward a Superior Commissioned Officer…

What does Article 88 prohibit? Who can be charged under this rule?
• Article 88 punishes commissioned officers who use contemptuous words against certain high-ranking U.S. officials.
• It applies only to officers and not to enlisted personnel or civilians under military jurisdiction.

Which officials are protected under Article 88?
• The President
• The Vice President
• Congress (or any member thereof)
• The Secretary of Defense
• The Secretary of a military department
• The Secretary of Homeland Security (when overseeing the Coast Guard)
• The Governor or legislature of any state, territory, or possession

What are considered contemptuous words under this article?
• Statements that ridicule, insult, or show open disrespect toward covered officials.
• Can include public comments, social media posts, or published opinions with clear contempt.

Does context matter in determining whether words are contemptuous?
• Yes, the setting, intent, and nature of the words are considered.
• Private criticism is treated differently from public or inflammatory speech.

Are there defenses to Article 88 charges?
• Yes, defenses may include:
• The accused was not a commissioned officer
• The statements were made in private without intent to harm
• The statements were not directed at protected officials
• The statements lacked contemptuous character or were misinterpreted

What are the penalties for violating Article 88?
• Penalties may include:
• Dismissal from service
• Total forfeiture of pay and allowances
• Confinement for up to 1 year
• A formal reprimand or administrative action

Can free speech be used as a defense?
• First Amendment rights are limited for military personnel, especially officers.
• Officers are held to higher standards to maintain discipline and respect for civilian leadership.

Can online posts result in an Article 88 charge?
• Yes, social media comments are treated as public statements.
• Officers must use caution when expressing political or personal views online.

When should legal counsel be contacted in Article 88 investigations?
• Immediately upon being notified or questioned about alleged statements.
• Early legal involvement can prevent misinterpretation and escalation.

Source: UCMJ Article 88 Contempt toward Officials…

What does Article 87 prohibit? How is missing movement defined in the UCMJ?
• Article 87 punishes service members who miss the departure of a ship, aircraft, or unit with which they are required to move.
• The absence must be wrongful and either due to neglect or intentional avoidance of duty.

What are the key elements of a missing movement charge?
• The accused was required to move with a specific unit, ship, or aircraft.
• The movement occurred as ordered.
• The accused missed the movement through neglect or intentional misconduct.

How is missing movement different from AWOL or desertion?
• AWOL involves unauthorized absence from a place of duty.
• Desertion requires intent to remain away permanently.
• Missing movement specifically involves failing to report for a scheduled military transport.

What is the difference between neglect and intent in missing movement cases?
• Neglect means the member failed through carelessness, such as oversleeping.
• Intent means the member deliberately avoided the movement, such as hiding or evading orders.

What are examples of conduct leading to a missing movement charge?
• Failing to board a deployment aircraft due to being late.
• Avoiding movement orders by hiding or ignoring instructions.
• Failing to report to port for ship embarkation.

What are the penalties under Article 87?
• Penalties depend on whether the act was intentional or negligent:
• Intentional: dishonorable discharge, forfeiture of all pay and allowances, and confinement up to 2 years.
• Negligent: bad conduct discharge, forfeiture, and confinement up to 1 year.

Are there defenses against a missing movement charge?
• Yes, including lack of notice, medical emergencies, or logistical failures outside the member’s control.
• Evidence of unavoidable delay or misunderstanding may also be considered.

How do prosecutors prove missing movement?
• They must show the service member knew of the movement, was required to participate, and missed it without lawful excuse.
• Documentation and witness testimony typically support these claims.

When should legal counsel be contacted in a missing movement case?
• Immediately upon notification of investigation or charges.
• A defense attorney can assess the facts, challenge intent or negligence, and mitigate potential punishment.

Source: UCMJ Article 87 Missing Movement…

What does Article 86 prohibit? How is AWOL defined under the UCMJ?
• Article 86 punishes service members who fail to go to, or remain at, their appointed place of duty without authority.
• This includes missing formations, leaving duty early, or being absent for any period without permission.

What types of AWOL are recognized in military law?
• Failure to go to appointed place of duty.
• Leaving appointed place of duty without authority.
• Absence from unit, organization, or place of duty for more than 24 hours.

How is intent treated in AWOL cases? Does motive matter?
• Intent to permanently leave is not required for AWOL.
• Even brief unauthorized absences may result in charges regardless of reason.

What are common scenarios that lead to AWOL charges?
• Oversleeping and missing formation.
• Leaving base without a pass.
• Failing to return from leave on time.
• Leaving a post or watch early without relief.

What are the penalties under Article 86?
• Penalties depend on length of absence and circumstances:
• Extra duty and restriction for short absences
• Reduction in rank and forfeiture of pay
• Confinement up to 18 months for prolonged AWOL
• Bad conduct or dishonorable discharge in severe cases

How is AWOL proven in court? What must prosecutors show?
• Proof of a duty assignment, absence without permission, and duration.
• Witnesses, duty rosters, and leave records are used to establish facts.

Is intent to return a defense in AWOL cases?
• It may reduce penalties but does not negate guilt.
• Courts focus on unauthorized absence, not plans to return.

Can medical issues or emergencies excuse AWOL?
• Valid emergencies may be mitigating factors but must be documented.
• Mental health issues or family crises may be considered in defense.

Can repeated short absences be punished as AWOL?
• Yes, patterns of minor absences may result in cumulative charges.
• Repeated misconduct may lead to more serious administrative or judicial action.

When should a service member seek legal help for AWOL allegations?
• Immediately upon being notified or returning to duty.
• Early legal intervention helps manage consequences and explore defenses.

Source: UCMJ Article 86 Absence without Leave…

What does Article 85 prohibit? How is desertion defined under the UCMJ?
• Article 85 punishes service members who leave their unit or duty with the intent to remain away permanently.
• Desertion includes leaving with intent to avoid hazardous duty or important service, or enlisting in another military force unlawfully.

What distinguishes desertion from AWOL under military law?
• AWOL refers to absence without leave, typically temporary or without clear intent to abandon service.
• Desertion requires proof of intent to permanently abandon military duties or avoid specific obligations.

What are the different types of desertion recognized by the UCMJ?
• Desertion with intent to remain away permanently.
• Desertion to avoid hazardous duty or important service.
• Desertion by joining another armed force without authority.

How is intent proven in desertion cases?
• Intent is shown through actions, statements, planning, and duration of absence.
• Evidence like discarded uniforms, travel plans, or concealment supports intent to desert.

Can someone be charged if they return voluntarily?
• Yes, voluntary return does not erase the offense if desertion occurred.
• Surrender may affect sentencing but not guilt if desertion is proven.

What are the penalties under Article 85?
• Punishments vary by circumstances and may include:
• Dishonorable discharge
• Total forfeiture of pay and allowances
• Reduction to E-1
• Confinement up to 5 years (life or death penalty in wartime)

Is wartime desertion punished more severely?
• Yes, desertion in wartime may carry life imprisonment or even the death penalty.
• The context of service and mission importance significantly impacts punishment.

Can mental health or coercion be a defense to desertion?
• Yes, lack of mental capacity, duress, or coercion may be considered.
• Legal counsel must provide evidence to support these claims.

Does the military pursue long-term deserters?
• Yes, even after years, deserters may be arrested and court-martialed.
• Time away does not remove liability for the offense.

How can legal counsel help in a desertion case?
• A military defense lawyer can challenge the evidence of intent and absence.
• They can present mitigating factors and negotiate reduced charges when possible.

Source: UCMJ Article 85 Desertion…

What does Article 84 prohibit? Who can be charged under this rule?
• Article 84 punishes anyone who knowingly enlists, appoints, or separates a person not qualified under military law.
• Both the person helping and the unqualified individual may be liable if deceit was involved.

What actions are considered unlawful under Article 84?
• Assisting or causing someone to enter or exit military service unlawfully.
• Bypassing legal qualifications, hiding disqualifying information, or falsifying records.

Does the person being enlisted or separated have to know it was illegal?
• The person taking action must know the enlistment, appointment, or separation was unauthorized.
• The subject of the action may also face charges if they were complicit.

What kind of disqualifications does this article address?
• Disqualifications include age, physical fitness, criminal history, citizenship status, or prior service conditions.
• Medical fraud or concealing dependency status also fall under this rule.

Can paperwork errors lead to Article 84 charges?
• Only if the errors were intentional and done to bypass the law.
• Honest mistakes or administrative oversight do not meet the intent threshold.

How is knowledge proven in Article 84 cases?
• Prosecutors use documents, communication, witness testimony, and prior actions to show awareness.
• Repeated violations or deliberate concealment strengthen the case for knowledge.

What are common scenarios that result in Article 84 charges?
• Falsifying medical documents to enlist an ineligible recruit.
• Approving separation for someone not legally entitled to it.
• Assisting a friend or relative in joining or leaving service unlawfully.

What punishments apply under Article 84?
• Penalties include:
• Dishonorable or bad conduct discharge
• Total forfeiture of pay and allowances
• Reduction to E-1
• Confinement (typically up to 5 years depending on the severity)

Are civilians subject to Article 84?
• No, only persons subject to the UCMJ, typically active military or certain reservists, may be charged.
• Civilians may face other federal penalties for fraudulent enlistment.

Is intent to help a defense in these cases?
• No, good intentions do not excuse knowing violations of enlistment or separation laws.
• Courts focus on legality, not motive.

How can legal defense challenge Article 84 charges?
• By proving lack of knowledge, absence of intent, or that the person was qualified.
• Challenging document authenticity or procedural violations may also help.

When should a service member seek legal counsel for suspected …