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Article 92 (UCMJ): Failure to Obey an Order or Regulation

If you’re a service member of the Armed Forces, you’re most likely familiar with the United Code of Military Justice or UCMJ. This federal law serves as the foundation for the military justice system in the US military.

Among the rules regulated by the UCMJ is Article 92, which covers failure to obey order or regulation from military superiors. What exactly is Article 92 UCMJ, and how does violating this article affect a military member’s life? We’ll answer these questions and more in this article.

• 1 What Is Article 92 of the UCMJ?
• 2 The Importance of Article 92 in the Armed Forces
• 3 Types of Offenses and Consequences Under Article 92
• 4 How Do You Defend Against Failure to Obey An Order and Dereliction?
• 5 Article 92 and Military Culture
• 6 Comparing Article 92 with Civilian Law
• 7 Conclusion
• 8.1 What is a negligent dereliction of duty?
• 8.2 What is the punishment for Article 92?
• 8.3 What are examples of dereliction of duty?

What Is Article 92 of the UCMJ?

As per the UCMJ, Article 92 is when the accused violated the standard operating procedure of obeying a general order or regulation in the military. Obedience is vital in military operations, and if an accused failed to follow lawful orders, there will be consequences. It doesn’t take much to prove that someone failed to obey lawful general order, but how does the military determine if a lawful order was disobeyed?

There are three offenses under Article 92, namely:

• Violation or failure to obey lawful general orders or regulations . Under this offense, it must be proven that there was, in effect, a particular lawful general order or regulation, and the accused was obligated to follow that order or regulation and violated it.
• Failure to obey other lawful orders. Under this offense, a member of the Armed Forces must have issued a certain lawful order. The accused knew that the Armed Forces issued that lawful order and had a duty to obey it but they failed to do so.
• Dereliction of duty . Under this offense, the accused must have had certain duties and must have been aware of them without a reasonable doubt. The accused knew of these duties, and that person was willfully or through neglect or culpable inefficiency derelict in the performance of the said duties.

The Importance of Article 92 in the Armed Forces

Failure to obey an order or willful dereliction is a common offense in the military because obedience is vital in military operations. Discipline and order must be upheld to maintain the military’s integrity. However, it should be noted that a person can only be accused of violating Article 92 if an authority figure within the military issued an official order or regulation . That order or regulation must have retained valid military purpose even after a change in command. Moreover, the accused must have been fully aware of that order or regulation.

It is a privilege to have been promoted in the military, and that promotion allows military personnel to make lawful orders to support a military mission. Article 92 reinforces the military structure and ensures all service members respect the hierarchy within the military.

Types of Offenses and Consequences Under Article 92

A service member’s maximum punishment would depend on a case-per-case basis. In cases wherein there was a violation or failure to obey lawful general orders and regulations , the maximum sentence a person can receive is confinement for two years, a dishonorable discharge, and forfeiture of all pay and allowances. The punishment for violations or failure to obey other lawful orders may include confinement for six months, a bad conduct discharge, and forfeiture of all pay and allowances.

Meanwhile, dereliction of duty through neglect or culpable inefficiency may include confinement for three months and forfeiture of two-thirds pay a month for three months. Suppose dereliction of duty through neglect or culpable inefficiency resulted in grievous body harm or, worse, death . In that case, the accused may receive confinement for 18 months, a bad-conduct discharge, and all pay and allowance forfeiture.

In cases of willfully derelict military personnel , the case may result in confinement for six months, a bad-conduct discharge, and pay and allowance forfeiture. Meanwhile, willfully dereliction of duty that resulted in grievous bodily harm or death may result in confinement for two years, a dishonorable discharge, and all pay and allowance forfeiture.

These punishments may have a severe impact on military personnel’s lives. The person subject to receiving a bad or dishonorable discharge will not enjoy the full benefits granted to military veterans. Confinement can affect their morale and mental health, while the forfeiture of pay can have long-term financial repercussions.

How Do You Defend Against Failure to Obey An Order and Dereliction?

Not all cases are black and white, and there might have been loopholes in the order or regulation that the service member violated. The key to a strong defense in Article 92 cases is knowledge of the lawful order issued. The accused must thoroughly understand the stipulations they were subject to and find sufficient evidence in their defense.

This is where a military defense attorney comes in. If you or someone you know was accused of violating Article 92, you should seek the professional legal help of experts who have handled similar cases. You need someone who understands military law, including Article 92, to have a fighting chance.

Article 92 and Military Culture

While violators of Article 92 may not automatically receive a bad or dishonorable discharge, having this offense on your records can have long-lasting consequences. Failure to obey order or regulation in military positions puts one in a bad light, especially in a professional environment that highlights order and cohesion.

If you fail to follow an order or regulation, your future commander, who wasn’t involved in the case you were accused of, may have trust issues with you even before you work together. Understandably, you would need to prove that you’re capable of performing certain duties in the future.

Comparing Article 92 with Civilian Law

There may be similar rules and regulations in civilian law, but the consequences are different for military personnel. Civilians may be fined depending on the statute or regulation they violated. However, their actions may not directly affect their professional compensation.

Meanwhile, all active duty service members are subject to the UCMJ Article 92. Thus, their livelihood may be affected by failure to obey an order or regulation.

Violation of Article 92 may have long-term effects on service members. That’s why it’s vital to be empowered to take action if accused of violating the UCMJ article. Fortunately, many military defense attorneys are willing to help defend their cases. To learn more about military life, explore the SCRACVS website further.

What is a negligent dereliction of duty?

This occurs when a person fails to perform that person’s duties or when that person performs them in a culpably inefficient manner. This may have been done willfully or through neglect.

What is the punishment for Article 92?

The punishment would depend on the circumstances surrounding the case. A service member may be subject to confinement, forfeiture of pay and allowances, and a bad or dishonorable discharge.

What are examples of dereliction of duty?

An example is when a service member fell asleep on their manned post when they were required to stay awake. Another example is when a person gets intoxicated to the point they can’t perform their duties.

Roy L. Kaufmann

Attorney Roy Kaufmann serves as the Director of the Servicemembers Civil Relief Act Centralized Verification Service, located in Washington, D.C. As a recognized authority on the Servicemembers Civil Relief Act, Mr. Kaufmann has published hundreds of articles and hosted many webinars. His teachings help law firms and businesses to remain compliant with the SCRA rules and regulations so as to avoid costly fines.

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UCMJ Article 92: Failure to Obey Order or Regulation

• August 5, 2019

To be prosecuted for an Article 92 violation of or failure to obey a lawful general order or regulation, the order must have been given by someone with the authority to do so, and the order retained validity after a change of command. The order or regulation must have been lawful and enforceable.

The MCM states a service member may be charged with a violation of Article 92 if they:

violate or fail to obey any lawful general order or regulation;

know any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to follow the order; or

is derelict in the performance of his duties.

To the convicted of an Article 92 violation for failure to follow any lawful general order or regulation, the prosecution must prove beyond a reasonable doubt:

that there was, in effect, a specific lawful general order or regulation;

that the accused had a duty to obey it; and

that the accused violated or failed to obey the order or regulation.

To be prosecuted for an Article 92 violation of failure to obey other lawful order, the prosecution must demonstrate:

that a member of the armed forces issued a specific lawful order;

that the accused knew the order;

that the accused had a duty to obey the order and

that the accused failed to obey the order.

The accused may be prosecuted for an Article 92 violation through dereliction of duty if it can be shown:

that the accused had specific duties;

that the accused knew or reasonably should have known of the duties and

the accused was (willfully) (through neglect or culpable inefficiency) derelict in performing those duties.

Suppose the dereliction of duty resulted in the death or grievous bodily harm. In that case, the prosecution must also prove the dereliction of duty resulted in death or grievous physical damage to a person other than the accused.

Understanding Article 92 (Failure to Obey Order or Regulation) of the UCMJ

To be prosecuted for an Article 92 violation of or failure to obey a lawful general order or regulation, the order must have been given by someone with the authority to do so, and the order retained validity after a change of command.  The order or regulation must have been lawful and enforceable. 

A service member may be prosecuted under Article 92 for a violation of or failure to obey other lawful orders if the order was legal and the accused was aware of the order or regulation.  The accused must have also had a duty to obey the order, even if it was issued by an authority that was not superior in rank to the accused.

The accused may be guilty of a violation of Article 92, dereliction of duty, if they reasonably should have known of the duty and then willfully or negligently fail to perform said duty or perform the duty in a culpably inefficient manner.

Maximum Possible Punishment for Violations of Article 92

The maximum possible punishment associated with violations of Article 92 depends upon the specifics of the violation itself.

A violation of or failure to obey a lawful general order or regulation may result in a dishonorable discharge, forfeiture of all pay and allowances, and two years’ confinement. It or perform it.

A conviction of violating or failing to obey other lawful orders carries the punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and six-month confinement.

The penalty for dereliction of duty due to neglect or culpable inefficiency includes the forfeiture of two-thirds of pay per month for three months and confinement for three months.

The punishment for dereliction in performing duties through neglect or culpable inefficiency resulting in death or grievous bodily harm includes a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 18 months.

A conviction of willful dereliction in performing duties may result in a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months.

The willful dereliction of duty resulting in death or grievous bodily harm yields a punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years.

How do you defend against Article 92 Failure to Obey Order or Regulation charges?

When facing the combined resources of the military and the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 23 years of experience in military law and a sought-after speaker and lecturer on martial law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding various matters and a diverse background of clients.

If you or someone you know is facing Article 92 charges for Failure to Obey Order or Regulation charges, you need to speak with a Military defense attorney immediately.

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Article 92 of the UCMJ: Critical Essay

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What to Know About UCMJ Article 92: Failure to Obey Order or Regulation

Home » What to Know About UCMJ Article 92: Failure to Obey Order or Regulation

• May 23, 2022

Members of the military must follow their own code of conduct known as the Uniform Code of Military Justice (“UCMJ”). The UCMJ houses many important articles that must be adhered to by all members of the U.S. armed forces. Here is what to know about UCMJ Article 92: Failure to Obey Order or Regulation. 

What is an Article 92 Violation?

A service member can be charged with an Article 92 violation if he or she:

• Violates or fails to obey any lawful general order or regulation;
• Has knowledge of any other lawful order issued by a member of the armed forces, which it is his or her duty to obey, fails to obey the order; or
• Is derelict in the performance of his or her duties.

Proving an Article 92 Violation

For a service member to be found guilty of violating Article 92, the prosecution must prove the following beyond a reasonable doubt:

• There was a specific lawful general order or regulation in effect;
• The accused had a duty to obey such order or regulation; and
• The accused violated or failed to obey said order or regulation. 

A service member may also be prosecuted for a violation of Article 92 through dereliction of duty if the prosecution can show that the accused:

• Possessed certain duties;
• Knew or reasonably should have known of those duties; and
• Was willfully derelict in his or her performance of those duties. 

For a service member to be prosecuted under Article 92, the order in question must have been given by someone who had the authority to give it, the order must have retained its validity even after a change of command, and the order or regulation must have been lawful and enforceable.

Consequences of an Article 92 Violation

The consequences for a violation of Article 92 are dependent upon the specific facts and circumstances of the violation at hand. It carries a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. However, it could result in a dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years. 

For dereliction in the performance of duties through neglect or culpable inefficiency consequences could include the forfeiture of two-thirds pay per month for 3 months and confinement for 3 months.

The punishment for a dereliction in the performance of duties through neglect or culpable inefficiency resulting in death or grievous bodily harm includes a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 18 months.

If convicted of willful dereliction in the performance of duties an individual may receive a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Willful dereliction of duty that results in either death or grievous bodily harm results in a punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

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Article 92 ucmj. dereliction of duty.

Article 92 UCMJ is what you get for doing a bad job in the military. Failure to Obey an Order or Regulation  is a violation Article 92 of the Uniform Code of Military Justice (UCMJ) . The  U.S. military considers it a dereliction of duty when soldiers are unable or unwilling to perform the job assigned to military personnel. Article 92 UCMJ Maximum Punishment is listed below.

What happens when you disobey orders or a regulation?

The military will investigate incidents of shirking duty, self-incapacitation leading to the inability to performs one’s duty, or dereliction of duty, which is a job performed so badly that others get killed or injured. Some examples are drunk on duty, sleeping on sentry duty, or failing to follow safety protocols leading to injury or death of others.

Elements of Article 92

The following key elements to Article 92 will be considered when someone is suspected of violating Article 92:

• Violation of a lawful general order or regulation :   The individual must have violated a general order or regulation that they had a duty to obey.
• Failure to obey other lawful order :   The individual must have known about the order, had a duty to obey it, and then failed to do so.
• Dereliction in the performance of duties :   The accused must have had certain duties that he or she, through neglect or culpable inefficiency, simply failed to perform.

What considerations do commanders take into account when suspecting that someone is derelict in their duties?

When someone intentionally fails to perform their duty, they are considered derelict. As well, if a person performs their duties so poorly without an excuse, then this may be considered a dereliction of duty under Article 92. Article 92 does not apply if a person is determined to be inept, however, the military is highly capable of training service members to standard before giving service members responsibilities so this would be an unusual circumstance.

What is considered a person’s duty?

The military maintains good order and discipline, readiness, well-being, and safety of the forces by establishing rules. These rules are communicated to the force in the following ways: standing operating procedure (SOPs), statutes, regulations, lawful orders, or even customs of the service.

Convictions of Article 92 come down to the government’s proof that the service member had knowledge of duties. Even if the service member didn’t have direct knowledge of the duties, the government can prove with circumstantial evidence that the accused should have known about them. Considering the comprehensive training provided in training manuals, service customs, or witness testimony, the burden for the government is low to prove the service member should have known the rules.

In some cases, it can be a violation of Article 92 to not follow an order from someone who is not a superior officer, provided that the accused had a duty to obey the order, such as one issued by a sentinel or a member of the armed forces police.

What are common defenses to Article 92?

The elements of Article 92 only apply if orders were issued lawfully. Orders or regulations that violate the Constitution, the laws of the United States, or lawful superior orders are considered unlawful. If an officer gave an order that they did not have the authority to give, that may also be unlawful.

As the old trope goes ignorance of the law is no excuse. However, sometimes if a service member is unaware of an order or regulation, they might have a good defense against prosecution. As mentioned above, military prosecutors would have the burden of proving the service member had this knowledge.

Article 92 is one of the punitive articles of the UCMJ, which means that someone accused of violating the article can be tried by court-martial. However, the military tends to reserve court-martial cases to more serious offenses like sexual assault. Those suspected of violating this article with a failure to obey orders or regulation or dereliction of duty, would more likely face adverse administrative action like an Article 15 or Captains Mast, a General Officer Letter of Reprimand, or GOMOR , potentially followed by a admin separation board, or AdSep, or a board of inquiry for officers.

Any person subject to this chapter on Article 92 who—

(1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.

UCMJ Elements of Article 92.

(1) Violation of or failure to obey a lawful general order or regulation.

(a) That there was in effect a certain lawful general order or regulation; (b) That the accused had a duty to obey it; and (c) That the accused violated or failed to obey the order or regulation.

(2) Failure to obey other lawful order.

(a) That a member of the armed forces issued a certain lawful order; (b) That the accused had knowledge of the order; (c) That the accused had a duty to obey the order; and (d) That the accused failed to obey the order.

(3) Dereliction in the performance of duties.

(a) That the accused had certain duties; (b )That the accused knew or reasonably should have known of the duties; and (c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.

Maximum punishment.

Article 92 Maximum Punishment is as follows:

(1) Violation or failure to obey lawful general order or regulation . Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(2) Violation of failure to obey other lawful order . Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

[Note: For (1) and (2), above, the punishment set forth does not apply in the following cases: if in the absence of the order or regulation which was violated or not obeyed the accused would on the same facts be subject to conviction for another specific offense for which a lesser punishment is prescribed; or if the violation or failure to obey is a breach of restraint imposed as a result of an order. In these instances, the maximum punishment is that specifically prescribed elsewhere for that particular offense.]

For more information on an Article 92 offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.

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Article 92 of the UCMJ: the Heartbeat of Military Discipline

How it works

When you immerse yourself in the maze of military justice, you’ll invariably stumble upon the Uniform Code of Military Justice (UCMJ), the guiding star for the rights and responsibilities of those in the U.S. armed forces. Within this vast legal tapestry, one article—Article 92—often emerges as an epicenter of discussions surrounding discipline and accountability. So, what’s the hullabaloo around Article 92?

Article 92 of the UCMJ fundamentally addresses the issue of failing to obey a lawful order or regulation.

It might sound plain vanilla on the outset, but the implications are monumental. It’s not just about ignoring a shout across the room or overlooking a memo. Article 92 encompasses the very spirit of the military—discipline, unity, and respect for command. Without adherence to this article, the entire structure of military operations, from the mundane daily tasks to the high-risk combat missions, risks falling apart.

Now, breaking down Article 92, you’ll find it segregates offenses into two types. Firstly, there are violations related to general orders or regulations—broad directives that apply universally within the domain of their jurisdiction. Think of these as the general rules governing conduct on a military base or the standing protocols for a particular unit. Secondly, Article 92 takes account of other lawful orders which may not be as wide-reaching as general orders but are equally vital. These might be direct commands from superiors in the chain of command, or even specific mission-related instructions.

So, why does the UCMJ weigh so heavily on this seemingly straightforward article? It’s because the stakes in the military world are sky-high. Any deviation, any act of insubordination, no matter how insignificant it might appear, can ripple outwards with dire consequences. It might jeopardize missions, risk lives, or erode the trust and camaraderie that form the bedrock of military units. Article 92 isn’t just a rule; it’s a safeguard.

The repercussions of flouting Article 92 can be stringent. Depending on the nature and context of the disobedience, punishments might range from administrative actions, like reprimands or counseling, to more severe disciplinary actions, which might include demotions, confinement, or even being dishonorably discharged. It’s a sliding scale of consequences, but even the lightest penalty serves as a stern reminder of the unwavering discipline the UCMJ expects from its service members.

In conclusion, Article 92 of the UCMJ, though wrapped in legal jargon, serves as a linchpin in the machinery of military discipline. It’s a testament to the unyielding standards and the high level of commitment required from those who don the uniform. In a world where precision, trust, and unwavering dedication are paramount, Article 92 stands tall, ensuring that the ethos of the armed forces remains untarnished and robust.

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UCMJ Article 92: Violating General Order Or Regulation

At Bilecki Law Group, we defend service members against charges of violating general orders or regulations under Article 92 of the UCMJ.

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What is Article 92 Of The UCMJ?

Violating general orders or regulations  under article 92  of the UCMJ takes place when there was in effect a certain lawful general order or regulation that the accused had a duty to obey and that the accused violated or failed to obey this lawful general order or regulation.

To sum it up, that’s a fancy way of saying that the United States Military assumed a service member knew they were supposed to do or omit a certain action and then did the opposite. To make matters worse, many of these general orders are taught in boot camp and rarely reinforced by many commands until someone violates it.

Now, it is right and proper that general orders exist and they certainly serve a purpose towards maintaining proper military order and discipline. The only problem is that they are rarely enforced with any consistency from command to command and leaves the individual service member responsible for the moment a fickle command decides to bring  Article 92  to the table. It’s only then that you find yourself unsure of what you actually did wrong and only then you realize you need a strong military defense if your career is to survive.

What Charges Can Come Out of Article 92 Of The UCMJ?

There are three separate charges that can come out of Article 92, but keep in mind that Article 92 may be just one of the articles you are accused of violating. It’s quite common for a service member to find themselves in a larger mess and Article 92 just gets piled on top just to add more severe punishments. Below you’ll find each charge along with the max corresponding punishment if  found guilty .

• That’s the standard charge and definition we used above. There was in effect a certain lawful order or regulation that you had a duty to obey and you are accused of failing to do so.
• The article then goes on to define general orders as those orders or regulations which are generally applicable to an armed force and which is properly published by the President, Secretary of Defense, Homeland Security, or other military department.

General orders and regulations also include those orders which are generally applicable to the command of the officer issuing them throughout the command. If a general order was issued by a previous command, it retains its character as a general officer when another officer takes command until it expires by its own terms or is rescinded by separate action.

Max Punishment : Dishonorable Discharge, total forfeiture of all pay and allowances, 2 years confinement, and reduction in rank to E-1.

Dereliction of Duty

The final “catch all” charge when they can’t prove a specific order was issued, dereliction of duty covers a broad array of activities and behaviors. The UCMJ clarifies in  Article 92  that a duty may be imposed by treaty, statute, regulation, lawful order, standard operating procedure, or custom of the service.

For a service member to be convicted of dereliction of duty, there are several elements that must be satisfied. They are that the accused had a certain duty to perform, the accused knew of the duty or reasonably should have known of the duty, and that the accused was willfully or through neglect or culpable inefficiency derelict in that performance. It then adds the aggravating circumstance that such dereliction of duty resulted in death or grievous bodily harm.

(2) Neglectful or culpable inefficient dereliction of duty resulting in death or grievous bodily harm – Bad conduct discharge, total forfeiture of pay and allowances, 18 months confinement, reduction in rank to E-1

(3) Willful dereliction of duty – Bad conduct discharge, total forfeiture of all pay and allowances, 6 months confinement, reduction in rank to E-1.

(4) Willful dereliction of duty resulting in death or grievous bodily harm – Dishonorable discharge, total forfeiture of all pay and allowances, 2 years confinement, reduction in rank to E-1.

Couldn’t Every Service Member Commit Be Charged Under Article 92?

The short and simple answer to that question is yes. Every service member at some point will likely find themselves in violation of some general order or derelict in their duties at some point because  Article 92  covers such a broad spectrum of military life. From the Marine Lance Corporal sleeping in a closet to avoid the working party duties to the PFC who failed to salute when colors played, it happens in military life. Beyond this, it becomes almost part of the culture in some military circles. Just ask the Corps’ Lance Corporal underground and they’ll tell you.

It’s also not true that failing to obey every order makes someone a bad Soldier, Marine, Airman, Sailor, and so on. Military history is littered with gallant heroes who excelled on the battlefield, but struggled in the barracks. We’re talking Medal of Honor recipients in every single branch throughout US Military history and they too could have been charged multiple times under Article 92. So, if you find yourself on the wrong side of Article 92 right now, you are in good company. It’s more likely you are the victim of a fickle command’s bad mood on a bad day and that means you need to fight back.

How To Fight and Win Against Charges Under Article 92

It is a common theme within the  military justice system  that someone has to be made an example out of just to maintain military order. It’s not fair and when the military justice system decides to make an example out of you, it can be downright cruel. So, your first step is to stand up and fight back because not every service member will do so. They are going to roll over and hope the military justice system offers mercy and that’s why a simple Article 92 charge will be the end of their career and maybe their freedom.

You are going to make yourself a harder target and make them move on to the next guy. You are not going to lay down because you cannot coexist with a military justice system that is out to destroy you. This means we’re going to cede nothing to the prosecution and fight them on every element at every turn.

This might mean we question the legality of the order or whether or not it was in conflict with another general order or regulation. Perhaps another officer of a higher rank issued a contradictory order. We’ll show that you were trying to make the right decision and the fault is with your command structure. We’ll also examine if the order had properly promulgated throughout the ranks. If other service members had no idea about the order, you might have just been the first one to cross this unknown line.

Facing an Allegation? Contact Bilecki Law Group

Timothy James Bilecki

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• [email protected]
• Tampa, FL 33602

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Fight To Win And Fight To The End

Military general orders are extremely confusing and as we said, the last time you heard them might have been at basic training when a D.I. pressing his campaign cover into your face yelling them at you to remember. Losing your career or your freedom over Article 92 charges is unacceptable. That’s why, we’ll even pull the officer who issued the order on the stand and show them no mercy. We’re no longer military officers and we are not worried about our career as a free JAG lawyer may do.

We will shred that office to bits on the stand without apology and demonstrate the fickle nature of this decision. Just recently this past Christmas of 2021, a young Army officer with the 82nd Airborne issued an order that went viral as he was recalling his unit for formation on Christmas Eve. The order read as follows:

“ 0900 OCPs everyone, even if you are on leave. Don’t be late or you will face UCMJ actions from the commander. If you haven’t, start letting your guys know about 0900 recall. So, if any more need to stop drinking now, they can. Failure to show at 0900 without a valid reason will  result in UCMJ .”

• Now, thankfully for the young soldiers, that order went viral and command was forced to redirect the young platoon leader. But here’s the problem. Stupid crap like that happens all the time and had it not gone viral, many of those young men would be facing charges. That’s why we fight and that’s why we do what we do. You are not going to lose your career over an Article 92. You are not going to military prison. You are going to fight and you are going to win.

Please don’t take these charges lightly and assume you’ll get a slap on the wrist. If they think you won’t fight, they will roll over you just to make an example out of you. If you are facing investigation or charges under Article 92, get us into the fight. We’ll take the fight right to the  military justice  system and let them make that example out of someone else.

Violating Other Written Order/Failing To Obey Other Lawful Order

When the order is not general in the sense used by  the UCMJ , you can still be charged for simply violating any other order issued. The elements needed to be satisfied are that a member of the armed forces capable of issuing a lawful order did so and that the accused had knowledge of the order and a duty to obey. Then, the accused failed to obey that order.

When an order prohibits certain acts, except under certain conditions, then the burden is on the prosecution to establish by legal and competent evidence beyond a reasonable doubt that the accused does not come within the terms of the exception. It also clarifies that if the order was not lawful, that this will be decided by the MJ and if the order was not lawful, affected specification should be dismissed.

Max Punishment: Bad Conduct discharge, total forfeiture of all pay and allowances, 6 months confinement and reduction to E-1

Related Articles of UCMJ

• UCMJ Article 90
• UCMJ Article 91
• UCMJ Article 120

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Article 92 – Essay (1231 words)

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Article 92 of the uniform code of military justice is when a solider fails to obey an order or regulation given to them by an NCO, officer, or someone pointed above them in section or squad. Article 92 is perhaps the most important article in the entirety of the Uniform Code of Military Justice. Any military member, whether in the Army, Air Force, Marines, Navy, or Coast Guard who fail to obey a lawful order of their superiors risk serious consequences. Article 92 of the Uniform Code of Military Justice makes it a crime to disobey any lawful order. It lays down the ground law, the absolute line which may not be crossed.

Everything else in the uniform code of military justice is explanation of the various forms that disobeying an order can take. Without the support given by Article 92, service members would be free to do whatever they want, whenever they want, and there wouldn’t be any discipline in the United States armed service an order is a tasking given to a soldier of something that needs to be done in a timely and efficient manner. An order given by someone who is a higher rank or position then you is a lawful order and can be punished by uniform code of military justice or court martial.

It is crucial to always follow orders given because it could lead to an unwanted accident. The only way that an order by an NCO, officer, or someone pointed above them is not a lawful order if it contrary to the Constitution of the United States. Failing to fallow a lawful order from some who is not a higher rank then you is still punishable by article 92 of the uniform code of military justice. The three main reasons why it is important for a soldier to follow the orders they are given is to be combat effective, disciplined, and to just be a good soldier. In my own words, Article 92 is not doing something that you have been told to do.

It is a lot like doing what your parents told you to do as a child. Any article should not be taken lightly and is always a serious matter. when a person enlists in the United States Military, active duty or reserve, they take the following oath; “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.

When u take that oath you are making a promise to the military to be a solider and that means to obey all military orders. Greater orders mean bigger consequences. Military members who fail to obey the lawful orders of their superiors risk serious consequences. To obey someone means to comply with or fulfill the commands, restrictions, wishes, or instructions of that specific person. We are taught as children to obey our higher-ups. Starting from our parents, teachers, managers, police officers.

When a soldier doesn’t follow the orders they are given in not only hurts themselves but it hurts the team and the goals of the mission. When the mission objectives are hurt by not following orders this weakens everything that is necessary to win the war. Actual knowledge does to need to be shown if the individual reasonably should have known of the duties. it is important to obey the orders given are to be combat effective, disciplined, and just to be a good member of the military.

Everything you do not only reflects on you, but your superiors in your section, Company, Brigade, Division, and the branch of service you are in A person is derelict in the performance of duties when that person does an act knowingly and purposely, specifically intending the natural and probable consequences of the act or negligently fails to perform that person’s duties or when that person performs them in a culpably inefficient manner will be punished under article 92 of the uniform code of military justice.

If you fail to obey or a lawful, general order or regulation you could receive the fallowing punishments Dishonorable discharge article 15 or get confined for two yrs. General orders or regulations are those orders or regulations generally applicable to an armed force which are properly published by the President or the Secretary of Defense, of Transportation, or of a military department, and those orders or regulations generally applicable to the command of the officer issuing them throughout the command or a particular subdivision. The military can only function if orders, when given, are obeyed.

And, as much as we would like to trust in the honesty and integrity of the human spirit, of the men and women who made that oath, put their lives on the line for their country, and fight to keep our brothers and sisters free, the sad truth is that there are many out there that, if not given a clear set of rules, a clear set of punishments for transgressions, will not follow the rules, will not care about the punishments, will not be productive, efficient members of the military machine. Knowledge of a general order or regulation need not be alleged or proved, as knowledge is ot an element of this offense and a lack of knowledge does not constitute a defense. Getting a dishonorable discharge is when you get kicked out of the armed forces and it will make it hard for you to get a job to take care of family. Getting an article 15 will make you lose some money, rank, or time where you will do extra duty. If you get confined you will spend up to two yrs in jail and lose all money. Military members are held to a higher standard. We are the line that protects this country, family, friends and our battle buddies to our left and right.

The are many reasons to complete the mission to standard and not time. One reason is if you do your mission to standard you will only do it once and get better results. Reason two is if you do it rights then u have less chance to hurt yourself or your battle buddy. Thirdly if you do the standard the results will be shown and will help you move along with your military career. On the 19 I didn’t want to box with SGT Mallory and SPC Waller I didn’t here SGT Mallory call me back but I failed to obey and order given to me by my section leader SPC Waller.

I now know that I was wrong and I will keep working out until I get released by my section leader even if I didn’t want to box I still should have did something else. SGT Mallory and SPC were just trying to help me with my weight because I am not to military standard with my weight and they are trying to get me there. I know better now to listen and do things to help myself. In conclusion I now know better how important it is to listen to my NCO’S to better myself and my military career.

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Article 92 – Essay (1231 words). (2018, Oct 22). Retrieved from https://artscolumbia.org/article-92-essay-41565-60214/

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