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The UCMJ was passed by Congress on 5 May 1950, and signed into law by
President Harry S. Truman the next day;
it replaced the historically used Articles of War. Article 92 was included when
UCMJ was put into effect. The title of
Article 92 is 'failure to obey order or regulation'. By definition it says that it
is subject to any person who
(1) violates or fails to obey any lawful general order or regulation, (2) who has
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) who is derelict in
the performance of his duties; shall be punished as a court-martial may direct.
The sub-elements to each of the 3 general
viloations respectively are: (1a) That there was in effect a certain lawful general
order or regulation; (1b) That the
accused had a duty to obey it; and (1c) That the accused violated or failed to obey
the order or regulation; (2a) That a
member of the armed forces issued a certain lawful order; (2b) That the accused had
knowledge of the order; (2c) That
the accused had a duty to obey the order; and (2d) That the accused failed to obey
the order; (3a) That the accused had
certain duties; (3b) That the accused knew or reasonably should have known of the
duties; and (3c) That the accused was
(willfully) (through neglect or culpable inefficiency) derelict in the performance
of those duties.
Additionally, there are several punishments for Article 92. If you violate or
fail to obey a lawful general order
or regulation, you can recieve maximum: Dishonorable discharge, forfeiture of all
pay and allowances, and confinement for
2 years. If you violate or fail to obey any other lawful order, you can recieve
maximum: Bad-conduct discharge,
forfeiture of all pay and allowances, and confinement for 6 months. If your Article
92 is for the dereliction in the
performance of duties(through neglect or culpapble ineffiency) you can recieve
maximum Forfeiture of two-thirds pay per
month for 3 months and confinement for 3 months and if its through willful
dereliction you can recieve maximum
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6
months. I feel that these
punishments are a very good deterrence to follow and obey the order you were
issued. The outcomes are far worse than
actually doing what you were ordered; I highly doubt that there is any detail worth
shamming out of and being punished
under Article 92.
In closing, the extent of Article 92 seems very complicated, but the sub
elements really do a great job at
narrowing down what exact offense has been committed. Article 92 is perhaps the
most important article in the entirety of
the Uniform Code of Military Justice. It lays down the ground law, the absolute
line which may not be crossed All lawful
orders should be taken seriously, as they are punishable under Article 92 of the
Uniform Code of Military Justice.
Ignoring a lawful order or even doing your job poorly can cost you your military
career, or at least a good amount of your
pay and free time. 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, the sad truth is that many of
them would not have the integrity to do the right thing if they did not have set
and enforceable rules that punish the
malicious behaviour of such individuals. The Uniform Code of Military Justice and
notably Article 92 help hold our
military together and create a strong, effecient, and cohesive fighting force.