Maintaining discipline and following lawful orders are foundational to military effectiveness. One of the most enforced provisions in the Uniform Code of Military Justice (UCMJ) is UCMJ Article 92, which penalizes the failure to obey orders or regulations. Whether it’s disobeying a direct command or violating a written policy, Article 92 ensures that all military personnel adhere to the structure that keeps operations running smoothly. In this blog, we break down what UCMJ Article 92 covers, provide examples, and explain the penalties and defenses.

What Is UCMJ Article 92?

UCMJ Article 92 criminalizes the failure to obey lawful orders and regulations. It applies to all military members regardless of rank or branch. The article outlines three specific types of offenses:

1. Violating or failing to obey any lawful general order or regulation

2. Failing to obey other lawful orders

3. Being derelict in the performance of duties

Each of these offenses directly undermines military authority, discipline, and operational success.

Breaking Down the Offenses

Let’s take a closer look at the different sections of UCMJ Article 92:

1. Violation of a Lawful General Order or Regulation
   This occurs when a service member knowingly violates a general order issued by a higher authority. For example, ignoring a regulation on handling classified materials.

2. Failure to Obey a Lawful Order
   This refers to willfully disobeying a specific command from a superior. For instance, refusing to report to duty when ordered to do so.

3. Dereliction of Duty
   This occurs when a service member willfully or negligently fails to perform their assigned duties. An example would be a guard sleeping while on watch.

Key Elements the Prosecution Must Prove

To convict someone under UCMJ Article 92, the prosecution must establish:

• The existence of a lawful order or duty,

• The accused was aware of the order or duty,

• The accused willfully disobeyed or was derelict in their duty,

• The conduct negatively impacted military discipline or operations.

Importantly, the order must be lawful. An order that is illegal or unethical is not enforceable under Article 92.

Penalties for Violating UCMJ Article 92

Punishment for violating UCMJ Article 92 can be severe, especially when the offense compromises mission readiness or safety. Potential penalties include:

• Reduction in rank

• Forfeiture of pay

• Confinement (up to 2 years in some cases)

• Bad conduct or dishonorable discharge

The seriousness of the offense and whether it was committed during wartime or peace influences the severity of the punishment.

Real-World Examples

• A soldier fails to follow a direct order to maintain radio silence during a sensitive mission—violation of a lawful order.

• A sailor neglects to inspect safety equipment despite being assigned the duty—dereliction of duty.

• A Marine disobeys a general regulation prohibiting the use of unauthorized substances—violation of a general order.

In each of these cases, the disobedience could result in administrative or judicial punishment under UCMJ Article 92.

Defending Against Article 92 Charges

If you are facing charges under UCMJ Article 92, you have the right to legal representation. Defense strategies may include:

• Arguing the order was unlawful,

• Proving the order was never given or properly communicated,

• Showing the disobedience was not willful but due to misunderstanding or lack of knowledge,

• Demonstrating that the accused did not have the duty assigned.

Every case is unique, so it's critical to seek guidance from an experienced military defense attorney.

Conclusion

UCMJ Article 92 plays a vital role in upholding the discipline and efficiency of the U.S. military. Disobeying orders or neglecting duties can result in significant consequences, both legally and professionally. However, not all accusations are clear-cut, and service members do have rights. If you're accused of violating UCMJ Article 92, act quickly to secure legal support and protect your future in the armed forces.