Understanding Article 91 UCMJ: Disobedience and Disrespect in the Military

The Uniform Code of Military Justice (UCMJ) serves as the backbone of discipline and order in the United States Armed Forces. Among its many provisions, Article 91 UCMJ plays a crucial role in ensuring respect for authority and maintaining good order. This article deals specifically with acts of insubordination, disrespect, and disobedience toward warrant officers, noncommissioned officers (NCOs), and petty officers. Understanding the scope and implications of Article 91 is vital for both service members and military leaders.

What is Article 91 UCMJ?

Article 91 UCMJ makes it unlawful for any service member to:

1. Strike or assault a warrant officer, NCO, or petty officer while they are in the execution of their duties.

2. Willfully disobey the lawful order of such officers.

3. Treat these officers with contempt or disrespect while they are executing their duties.

The article applies across all branches of the armed forces, reinforcing the hierarchical structure that keeps the military functioning effectively. Without this rule, the chain of command could easily break down, jeopardizing both missions and overall discipline.

Key Elements of Article 91

To prove a violation of Article 91 UCMJ, the prosecution must establish certain elements depending on the offense charged:

• Assault: The accused struck or attempted to strike a warrant officer, NCO, or petty officer, and the officer was performing official duties at the time.

• Disobedience: The accused received a lawful order from one of these officers and willfully refused or failed to comply.

• Disrespect: The accused used contemptuous words or actions directed at the officer while they were performing their official responsibilities.

It is important to note that the order given must be lawful. An unlawful order does not need to be followed, and disobedience of such an order is not punishable under Article 91.

Why Article 91 is Important

Military operations rely on respect, discipline, and prompt obedience. Article 91 UCMJ ensures that authority is respected not only for commissioned officers but also for warrant officers, NCOs, and petty officers who often serve as the backbone of daily operations. These leaders maintain discipline, provide training, and act as the critical link between enlisted personnel and higher command.

Without Article 91, instances of insubordination could escalate, leading to disruptions that compromise unit cohesion, readiness, and mission accomplishment.

Punishments for Violating Article 91

The penalties for violating Article 91 UCMJ can be severe, depending on the nature of the offense and its impact on good order and discipline. Possible punishments include:

• Reduction in rank

• Forfeiture of pay and allowances

• Confinement

• Dishonorable or bad-conduct discharge

Assault on a warrant officer, NCO, or petty officer is considered one of the most serious forms of misconduct under this article and typically carries harsher consequences.

Common Defenses to Article 91 Charges

While Article 91 is strict, there are valid defenses that can be raised, such as:

• Unlawful order: If the order given was illegal, refusal to obey it is not a violation.

• Not in the execution of duties: If the officer was not performing official duties at the time of the incident, the article may not apply.

   

  Conclusion

   

  Article 91 UCMJ reinforces the foundation of respect and obedience in the military by protecting warrant officers, NCOs, and petty officers from insubordination, assault, and disrespect. Violations carry serious consequences, reflecting the military’s commitment to discipline and order. For service members, understanding the scope of Article 91 is essential—not only to avoid misconduct but also to appreciate the vital role that authority and respect play in sustaining the effectiveness of the U.S. Armed Forces.