The Uniform Code of Military Justice (UCMJ) governs the behavior of all U.S. service members, ensuring discipline, structure, and good order. Among its provisions, Article 91 UCMJ plays a crucial role in maintaining authority and respect within the ranks. It addresses offenses related to insubordination, specifically targeting actions against warrant officers, noncommissioned officers (NCOs), and petty officers. Understanding this article is vital for both enlisted personnel and their leaders.

What is Article 91 UCMJ?

Article 91 UCMJ penalizes three main types of misconduct:

1. Striking or assaulting a warrant, noncommissioned, or petty officer.
2. Disobeying a lawful order given by such an officer.
3. Using disrespectful language or behavior toward the officer while in execution of official duties.

This article applies to situations where a service member knowingly disrespects or challenges the authority of an officer in the chain of command. It serves to uphold the necessary discipline that is fundamental to the functioning of any military unit.

Key Elements of an Article 91 Violation

To prove a violation of Article 91, the prosecution must establish:

• The accused is a member of the U.S. Armed Forces.

• The victim is a warrant, noncommissioned, or petty officer.

• The accused knew the rank of the victim.

• The officer was carrying out their official duties.

• The act involved disrespect, disobedience, or physical aggression.

Importantly, the prosecution must demonstrate that the disrespect or disobedience was willful and not a misunderstanding or accidental breach of conduct.

Real-World Examples

• A service member uses profanity or mocks an NCO during a formation.

• A soldier fails to carry out a direct order given by a petty officer during an operational mission.

• An enlisted member physically shoves a warrant officer during a dispute.

Each of these examples can lead to charges under Article 91 UCMJ, depending on the circumstances and severity.

Possible Punishments

Penalties for violating Article 91 can vary depending on the nature and seriousness of the offense. They may include:

• Reduction in rank

• Forfeiture of pay

• Confinement

• Dishonorable discharge

• Court-martial

While minor cases may be handled through non-judicial punishment (e.g., Article 15), serious offenses can result in full court-martial proceedings, impacting a service member’s military record and civilian future.

Defending Against Article 91 Charges

If you or someone you know is facing charges under Article 91 UCMJ, it is essential to seek immediate legal counsel. A military defense attorney can help determine whether:

• The order given was lawful.

• The accused actually knew the rank or authority of the officer.

• The behavior constituted disrespect or insubordination.

• There are mitigating circumstances such as stress, confusion, or provocation.

Having a clear legal defense may lead to reduced charges, dismissal of the case, or alternative disciplinary measures.

Conclusion

Article 91 UCMJ reinforces the backbone of military structure: respect for authority. However, like all legal provisions, it must be applied justly and with a full understanding of the circumstances. Whether you are a leader enforcing discipline or an accused service member seeking a fair hearing, knowing the scope, limits, and consequences of Article 91 is essential.