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What is the Article 92 AFI?

Published in Military Justice 3 mins read

Article 92 is a fundamental component of the Uniform Code of Military Justice (UCMJ), addressing various forms of disobeying orders or neglecting duties. It is important to clarify that Article 92 is an article of the UCMJ, not an Air Force Instruction (AFI). While AFIs provide specific guidance and procedures for Air Force personnel on how to comply with UCMJ articles and other military laws, Article 92 itself is a federal statute applicable across all branches of the U.S. military.

Understanding Article 92 of the UCMJ

Article 92 defines several types of federal military offenses related to the failure to obey lawful orders or regulations. These charges are quite common in military prosecutions due to their broad applicability to maintaining discipline and order within the armed forces.

The core offenses encompassed by Article 92 include:

  • Violations or failures to obey lawful general orders or regulations: These are standing orders or regulations that apply broadly to a command or the entire service, such as an Air Force Instruction (AFI) or a general order from a commanding officer.
  • Failures to obey other lawful orders: This category covers specific, direct orders given to an individual by a superior.
  • Dereliction of duty: This occurs when a service member knows their duties or reasonably should know them, but is willfully or negligently deficient in performing them.

For a deeper understanding of this article, you can refer to resources explaining Article 92 Failure to Obey an Order.

Article 92 Offenses at a Glance

Offense Category Description Examples
Failure to Obey General Orders/Regulations Disobeying standing, widely applicable orders or regulations. Violating a curfew, failing to comply with uniform standards, or misusing government property as outlined in a regulation.
Failure to Obey Other Lawful Orders Disobeying a specific, direct order from a superior officer or non-commissioned officer. Refusing to report to a specific location, failing to complete an assigned task as directed, or ignoring a direct command.
Dereliction of Duty Willfully or negligently failing to perform duties that one is aware of or should reasonably be aware of. Sleeping on guard duty, failing to properly maintain equipment essential to one's job, or neglecting responsibilities.

The Role of Air Force Instructions (AFIs)

While Article 92 is a UCMJ statute, Air Force Instructions (AFIs) serve as the primary means by which the Air Force implements and provides detailed guidance on various policies, procedures, and legal requirements, including those stemming from the UCMJ.

For example:

  • An AFI might detail the procedures for handling classified information, and a violation of those procedures could lead to a charge under Article 92 (failure to obey a lawful general regulation).
  • Similarly, an AFI could outline the proper conduct during a particular operation, and a service member's neglect of those outlined duties could result in a dereliction of duty charge under Article 92.

Therefore, while there isn't a single "Article 92 AFI," numerous AFIs across various functional areas exist to provide the specific regulations and orders that, if violated, could fall under the purview of Article 92 of the UCMJ. Each AFI serves to clarify expectations and ensure compliance with broader military law.