Article 92 UCMJ – Failure to Obey Orders or Regulations

What Is Article 92?

Article 92 of the Uniform Code of Military Justice (UCMJ) makes it a crime for service members to willfully disobey, violate, or fail to follow lawful orders or regulations. It’s one of the most frequently charged offenses in the military—often used when leadership believes discipline or accountability has broken down.

Article 92 is broad. It applies to direct orders, general orders, standing regulations, and even orders issued verbally by superiors. Violating any one of them—intentionally or through neglect—can result in serious legal and career consequences, including court-martial, loss of rank, or discharge.

Three Types of Article 92 Violations

• Failure to Obey a Lawful General Order or Regulation: This includes violating published command orders (e.g., General Orders, COVID-19 guidance, AR 670-1) that apply to all personnel.
• Failure to Obey Other Lawful Orders: Disobeying a direct order from a superior officer or NCO.
• Dereliction of Duty: Neglecting responsibilities, failing to perform required duties, or performing duties in a careless or inefficient manner.

Each carries different levels of punishment depending on the facts and surrounding conduct.

Elements the Government Must Prove

• A lawful order existed
• You knew about the order
• You had a duty to obey the order
• You willfully disobeyed or failed to follow it

“Lawful” is key. Orders that violate constitutional rights or are overly vague may be challenged, but most orders are presumed lawful unless clearly unlawful.

Common Examples of Article 92 Violations

• Disobeying COVID-19 protocols or mask mandates
• Fraternization or violating no-contact orders
• Missing formations or being AWOL
• Failure to follow safety regulations or procedures
• Improper wear of the uniform or grooming violations
• Dereliction of guard duty or post security tasks
• Disobeying no-contact orders in SHARP investigations

Many of these violations are paper-based or observed by leadership, and may be tied to broader administrative actions like GOMORs or separation boards.

Penalties for Article 92 Convictions

Depending on the level of offense (summary, special, or general court-martial), punishment can include:

• Confinement (up to 2 years for serious violations)
• Reduction in rank
• Forfeiture of pay and allowances
• Punitive discharge (BCD or dishonorable)
• Loss of GI Bill and VA benefits

Even NJP or counseling related to Article 92 may trigger administrative separation.

Defenses Against Article 92 Charges

• Order was not lawful: Orders must be specific, achievable, and not violate legal rights.
• You didn’t know about the order: There was no clear communication of the rule or command.
• It wasn’t willful: You made an honest mistake, or your actions were negligent, not intentional.
• Medical or mental health excuse: Conditions that affected your ability to perform duties.
• Command abuse or selective enforcement: The order was enforced unfairly or for retaliatory purposes.

Orders given during a confrontation, without written documentation, or based on unclear regulations can often be challenged successfully at trial or separation boards.

Real Case Example

Scenario: An Army Specialist was charged under Article 92 for failing to follow a “no contact” order during a SHARP investigation. He had replied to a message from the alleged victim and was reported by command.

Defense: The defense argued that the message was an auto-reply triggered by a shared app and not intentional. The Article 15 was dropped, and the Specialist was retained with no further punishment.

How to Protect Yourself

• Read and understand all written and verbal orders given to you
• Request clarification in writing when orders are unclear or verbal
• Document orders and your compliance, especially if under scrutiny
• Save messages, emails, and timelines to show your intent and diligence
• If accused, hire a civilian defense attorney familiar with Article 92 cases

FAQ – People Also Ask