What is UCMJ Article 91?
UCMJ Article 91 addresses insubordinate conduct directed at warrant officers, noncommissioned officers (NCOs), or petty officers. It specifically covers behavior such as willful disobedience of their orders, disrespect, or failure to obey their lawful authority, ensuring the integrity and discipline of the military chain of command.
Who qualifies as a warrant officer, noncommissioned officer, or petty officer?
A warrant officer is an officer who holds a rank between enlisted personnel and commissioned officers. NCOs and petty officers are enlisted members of the military who hold leadership positions over lower-ranking soldiers, sailors, or airmen.
What is considered “insubordinate conduct” under Article 91?
Insubordinate conduct includes any act of willfully disobeying, disrespecting, or challenging the authority of a warrant officer, NCO, or petty officer. This could involve verbal insults, refusal to follow lawful orders, or physical altercations.
What does “willful disobedience” mean under Article 91?
Willful disobedience refers to a deliberate, knowing refusal to obey a lawful order issued by a warrant officer, NCO, or petty officer. It implies a conscious choice not to follow the order, rather than a mistake or misunderstanding.
Can verbal disrespect alone lead to an Article 91 charge?
Yes, verbal disrespect toward a warrant officer, NCO, or petty officer can lead to charges under Article 91 if the language used demonstrates clear insubordination or a challenge to the authority of the individual.
Does Article 91 apply to disrespect toward all officers?
No. Article 91 applies specifically to disrespect toward warrant officers, NCOs, and petty officers, not commissioned officers. Disrespect toward commissioned officers is addressed under Article 89.
What is the difference between Articles 89 and 91?
Article 89 deals with disrespect or insubordination toward a commissioned officer, while Article 91 covers similar behavior toward warrant officers, NCOs, and petty officers. Both ensure the chain of command is respected but pertain to different categories of military personnel.
What actions are considered disrespectful under Article 91?
Actions such as mocking, insulting, or refusing to obey a direct order from a warrant officer, NCO, or petty officer can be considered disrespectful. These actions undermine the authority and discipline required in the military.
Can a physical altercation with an NCO lead to Article 91 charges?
Yes, if the physical altercation involves insubordination or disrespect toward an NCO, warrant officer, or petty officer, it may result in charges under Article 91, especially if the altercation is seen as a challenge to their authority.
Does an accidental failure to follow orders constitute insubordination?
No, a failure to follow orders due to an accident or misunderstanding is generally not considered insubordination. However, if the failure is willful or due to neglect, it may result in charges.
What are the potential punishments for violating Article 91?
Punishments can range from non-judicial punishment (NJP) to a court-martial, with possible penalties including reduction in rank, forfeiture of pay, confinement, or a dishonorable discharge, depending on the severity of the offense.
What if the accused argues that the order was unclear?
If the accused can demonstrate that the order was unclear or ambiguous, it may provide a valid defense. However, the burden of proof lies with the defense to establish that the order could not be reasonably understood.
Is disrespect toward an NCO during off-duty hours punishable under Article 91?
Yes, if the NCO, warrant officer, or petty officer is acting in an official capacity during off-duty hours, such as in a training event or while performing military duties, the behavior may still be punishable under Article 91.
What if the person charged with insubordination was under duress?
Being under duress or extreme stress may be considered during sentencing but typically does not serve as a defense to charges of insubordination. Intent and awareness of the order’s nature are key factors in determining guilt.
Can an NCO or petty officer be charged under Article 91 for insubordination?
Yes, both NCOs and petty officers can be charged under Article 91 if they engage in insubordinate conduct toward those of higher rank in the chain of command, such as warrant officers or other senior personnel.
Does Article 91 apply if the accused didn’t recognize the officer’s authority?
Lack of recognition of authority may serve as a defense if it is reasonable to believe the accused could not have known the person was a superior. However, this defense is generally harder to prove.
Is disobedience of a lawful order from an NCO or petty officer punishable under Article 91?
Yes, disobedience of a lawful order from an NCO, petty officer, or warrant officer is punishable under Article 91 if it is intentional and willful, even if the order was not given in the presence of a commissioned officer.
Can an officer’s abuse of power reduce a charge under Article 91?
No, while the abuse of power by an NCO, petty officer, or warrant officer can be reported through the chain of command or other channels, it does not justify insubordination. The proper course of action is to report the misconduct rather than respond with insubordination.
Can refusal to follow a general order be punished under Article 91?
No, refusal to follow a general order is covered under Article 92. Article 91 specifically pertains to orders from warrant officers, NCOs, and petty officers that are direct and personal in nature.
Can a misunderstanding or lack of clarity regarding orders serve as a defense?
Yes, if the accused can show that the misunderstanding was genuine and reasonable, it could negate the willfulness of the disobedience. Intent to disobey is necessary for a conviction under Article 91.
What if the officer was intoxicated when giving the order?
If the officer giving the order was intoxicated, it may raise questions about the legality or clarity of the order. However, this does not automatically invalidate the order under Article 91, as long as the order was lawful and clear at the time it was given.
Can disrespect toward an NCO or petty officer on social media lead to charges under Article 91?
Yes, if disrespectful behavior on social media involves threats or insults that challenge the authority of an NCO, petty officer, or warrant officer, it can be considered insubordination and result in charges under Article 91.
What constitutes a “lawful” order under Article 91?
A lawful order is one that is legal, reasonable, and within the authority of the person giving the command. An order that violates regulations, laws, or military ethics would not be lawful and could be a valid defense against charges under Article 91.
Can a misunderstanding of the rank or authority of the person issuing an order be a defense?
If the accused genuinely did not understand the person was an officer with lawful authority over them, it could be a valid defense. However, the burden of proving this lies with the defense, and it must be a reasonable misunderstanding.
Can group insubordination lead to multiple charges under Article 91?
Yes, if multiple individuals engage in insubordinate conduct, each person can be charged separately under Article 91. Each person’s actions are assessed independently for the degree of insubordination.
Can a service member be charged under Article 91 for failing to salute an NCO or petty officer?
Typically, failing to salute a petty officer or NCO would be charged under Article 89 as disrespect, unless accompanied by other insubordinate or disrespectful behavior, in which case Article 91 may apply.
What role does intent play in an Article 91 case?
Intent is crucial in determining guilt under Article 91. The prosecution must prove that the accused intentionally disrespected or disobeyed the order. A failure to comply due to misunderstanding or confusion would not meet the requirements for a conviction.
Can mental health conditions serve as a defense under Article 91?
In some cases, mental health conditions can serve as a partial or full defense if they impair the accused’s ability to understand the order or their actions. The defense would need to provide medical evidence to support such a claim.
What steps should someone take if accused under Article 91?
If accused under Article 91, it is crucial to remain silent and invoke your Article 31 rights to avoid self-incrimination. Contacting a qualified military defense attorney is critical to navigating the legal process and mounting a proper defense.
Frequently Asked Questions
- What is the maximum punishment for violating Article 91?
The punishment for violating Article 91 can include a dishonorable discharge, confinement for up to one year, forfeiture of pay, and reduction in rank. The severity depends on the nature of the conduct and the circumstances. - Can an officer under investigation for misconduct be charged with Article 91?
No, only personnel of lower rank, such as enlisted members, can be charged under Article 91 for insubordinate behavior toward NCOs, petty officers, or warrant officers. - What constitutes disrespect toward an NCO or petty officer?
Disrespect may include rude gestures, insults, or refusal to follow orders. Such behavior can undermine the NCO’s authority and be considered a violation under Article 91. - Is refusing to follow a lawful order always insubordination under Article 91?
Yes, refusing to follow a lawful order from an NCO, petty officer, or warrant officer, if done willfully, is considered insubordination under Article 91. - Can a service member be charged for being disrespectful during a training session?
Yes, if an individual’s conduct during training demonstrates willful disrespect or insubordination toward a superior, it can result in charges under Article 91. - Are there defenses available under Article 91?
Yes, common defenses include proving that the order was unlawful, that the accused did not willfully disobey the order, or that they lacked the intent to be disrespectful. - Does intoxication reduce the penalties under Article 91?
Intoxication is not a valid defense to insubordination or disrespect. However, it may be considered in mitigation during sentencing. - Can a service member be charged with both Article 91 and Article 92 for the same offense?
Yes, it is possible to face charges under both articles, but they cover different aspects of military law. Article 91 focuses on insubordination, while Article 92 deals with general disobedience of orders. - How does the military handle group insubordination?
Each individual in a group that engages in insubordinate conduct can be charged separately under Article 91, depending on their actions. - Can social media interactions lead to charges under Article 91?
Yes, if social media posts are disrespectful or insubordinate toward an NCO, petty officer, or warrant officer, they can be used as evidence in an Article 91 case. - Is it possible to be charged with Article 91 for a simple disagreement?
No, simple disagreement does not typically meet the threshold for insubordination under Article 91 unless it is coupled with clear disrespect or refusal to obey orders. - What happens if a person is charged under Article 91 but it was a misunderstanding?
If it can be shown that the accused had a reasonable misunderstanding or was not intentionally disobedient, it may reduce or eliminate their liability under Article 91.