Article 92 of the Uniform Code of Military Justice (UCMJ) defines offenses related to disobeying a direct order within the U.S. military. It outlines three specific types of federal article offenses that cover various forms of non-compliance with lawful commands and duties.
Core Provisions of Article 92
At its heart, Article 92 addresses the fundamental requirement for discipline and order within the armed forces. It ensures that personnel adhere to the chain of command and fulfill their responsibilities. The three main categories of offenses under Article 92 are:
- Violations or Failures to Obey Lawful General Orders or Regulations: This pertains to the disregard of widely disseminated official directives, standing orders, or established regulations that apply broadly across a unit or the entire military. These are often written and formally published.
- Failures to Obey Other Lawful Orders: This category covers the non-compliance with specific, direct commands given by a superior. Unlike general orders, these are typically given verbally or in written form for a particular instance or individual.
- Dereliction of Duty: This offense occurs when a service member, through neglect or willful disregard, fails to perform duties as required by regulations, orders, or standard operating procedures. This can involve a failure to act when required, or performing duties in a substandard manner due to carelessness or intent.
Understanding the Offenses
Each type of offense under Article 92 carries significant implications for military discipline.
1. Failure to Obey General Orders or Regulations
This offense targets the backbone of military operations: established rules and procedures. Examples include:
- Disregarding a published safety regulation.
- Violating a standing order regarding the use of equipment.
- Ignoring curfew regulations set by a commander.
The key here is that the order or regulation must be lawful and general in its application.
2. Failure to Obey Other Lawful Orders
This focuses on the direct chain of command. It's about a service member's immediate response to a superior's specific instruction. Examples might include:
- Refusing a direct command from a non-commissioned officer to clean a specific area.
- Ignoring an officer's instruction to report to a particular location at a set time.
- Failing to execute a specific task assigned by a supervisor.
The order must be lawful and issued by a superior.
3. Dereliction of Duty
This category addresses the proper execution of assigned responsibilities. It encompasses situations where a service member either fails to perform their duties or performs them improperly due to negligence or deliberate intent. Examples include:
- A guard falling asleep on post.
- A mechanic failing to properly inspect equipment, leading to malfunction.
- An administrative clerk neglecting to process critical paperwork, causing delays.
For dereliction of duty, it must be proven that the service member knew or reasonably should have known their duties and either willfully or negligently failed to perform them.
Summary of Article 92 Offenses
The table below summarizes the distinct types of offenses encompassed by Article 92:
| Offense Type | Description | Key Characteristics |
|---|---|---|
| Failure to Obey General Orders/Regulations | Disobeying broad, published rules or directives that apply widely. | Lawful, general, applies to a group or organization. |
| Failure to Obey Other Lawful Orders | Disobeying specific, direct commands from a superior. | Lawful, specific, given by a superior to an individual. |
| Dereliction of Duty | Negligent or willful failure to perform assigned duties properly or at all. | Failure to act or improper action; must know or should know duty. |
Understanding Article 92 is crucial for all military personnel, as it underpins the discipline and order essential for effective military operations. Further details on these regulations can be found at resources like Military Law.
