Article 92 and Leadership
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The United States Army follows a set of codes that applies not only to the Army, but also the Marines, Navy and Air Force. This set of codes is called the Uniform Code of Military Justice. There are many articles and regulations that all military personnel must follow. One such article is Article 92: Failure to obey order or regulation. Article 92 states, “Any person subject to this chapter who – (1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by any 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 dire. As follows, the three sections in this article will be further discussed.
Any person subject to this chapter who violates or fails to obey any lawful general order or regulation shall be punished as a court-martial may dire. This section of this article states the person who, regardless the person knowingly or unknowingly, did not follow the order or regulation as dictated to the person. If a noncommissioned officer or an officer gives an order for the military personnel to do something related to their duty, then that personnel must do as ordered. Although a noncommissioned officer has no authority to give orders, the power to give orders is granted and given by the general officer in command of the post. With that being said, failure to follow any orders could result in a court-martial or disciplinary actions against the military personnel. Another side of this section states that the military personnel must follow regulations. Regulation, by definition, is “a rule or directive made and maintained by an authority.” A regulations is not only a guideline for the military, but is also a directive that helps keep the military running in a direct manner. Without regulations, the military would be chaotic and without any merit. One personnel may be tried under Article 92 of the Uniform Code of Military Justice for failure to obey a lawful general order or regulation if they failed to salute the flag whilst in uniform when Reveille or Retreat is being played. Another incident may be being tried under Article 92 of the Uniform Code of Military Justice for not wearing the uniform of the day.
Any person subject to this chapter who having knowledge of any other lawful order issues by any member of the armed forces, which it is his duty to obey, fails to obey the order shall be punished as a court-martial may dire. This section of this article states the person who willfully disobeys a direct order, regardless if the order comes from a noncommissioned officer or an officer. This section of the article is very direct in what it is directing. One must follow any order given to them because the military personnel must remain dutiful and obey and complete the order given to them. This article is very direct about where the order can come from, too. If an Army personnel receives an order from an Air Force noncommissioned officer or officer, that personnel must complete the duty. The same goes between all of the other branches of the military. If a Marine officer gives an order to an Air Force noncommissioned officer to complete a tasking, that noncommissioned officer from the Air Force must complete the order in a timely manner. The simple term is “willful disobedience”. This states that one person receives an order or command to do something and refuses to complete his or her duty. All people learn about follows the rules or they will get punished for not following the stated or listed rules. One may be tried under Article 92 of the Uniform Code of Military Justice for receiving on order from an officer and refusing to follow the order, although it is his or her duty to follow and complete all orders and tasking assigned to him or her.
Any person subject to this chapter who is derelict in the performance of his duties shall be punished as a court-martial may dire. This section of the article talks about what if a personnel receives the order and just does not complete the tasking, although they accepted the order. To be in dereliction is “the act of abandoning or neglecting” or “willfully neglect, as of duty or principle”. Another meaning of dereliction is “delinquency”. If a military personnel starts his or her duty and decides to walk away from what he or she is tasked, that is dereliction of one’s duty. Also, something who just lazily does their duty may also be in dereliction of duty. They are being delinquent in completing his or her task and, thus, being in dereliction of his or her duty. If someone abandons their post while on guard duty, that may be disastrous and lead to uninvited people within a secured area and possibly injury or death to personnel on post. That guard may be found in dereliction of duty and may be tried under article 92 of the Uniform Code of Military Justice. Although that is an extreme example, it has happened before in years past.
As discussed in the previous paragraphs, these are the sections of Article 92 of the Uniform Code of Military Justice. Each section talks about how a military personnel could be tried by court-martial for (1) failing to follow an order or regulation, (2) refusing to follow an order given by a superior rank, and (3) failing to complete or abandoning one’s duties once assigned. These sections are punishable by the Uniform Code of Military Justice for failing to obey an order or regulation.
As a military personnel may face a court-martial for failure to obey an order of regulation, they may be tried and found guilty under the Uniform Code of Military Justice. If found guilty, said personnel could be punished in a varying number of ways. The most serious type of military punishment is a general court-martial that involves a judge, defense lawyer, prosecutor and a jury of at least five officers, although the accused can request that the jury consist of one-third enlisted members. Sentences include death, long periods of confinement, dishonorable discharge for the enlisted, dismissal for officers and a variety of other punishments. A level below the general court-martial are special courts-martial that limit punishment to confinement for one year, docking two-thirds of basic pay and lesser sentences. Summary courts-martial provide quick resolutions to minor infractions with penalties less severe than those of general and special courts-martial.
A court-martial may not mean the end of a military career. However, in the case of an Article 92 court-martial, the military personnel may be, at a maximum, is allowed a dishonorable discharge, forfeiture of all pay and allowances and confinement for up to one year. If the punishment is non-judicial, the military personnel may have their pay reduced, be demoted in