Art. 92. Failure to Obey Order or Regulation

a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office; shall be punished as a court-martial may direct. This article has the same general objectives with respect to warrant officers, noncommissioned officers, and petty officers as articles 89 and 90 have with respect to commissioned officers. Namely, it ensures obedience to their lawful orders and protects them from violence, insult, or disrespect. Art. 92. Failure to Obey Order or Regulation 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 a 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 direct. A general order or regulation is one that applies generally to an armed force. The President or the Secretary of Defense, the Secretary of Transportation, or the Secretary of a military department may issue it. An officer having general court-martial jurisdiction, a general or flag officer in command, or a commander superior to one of these may also issue it. Disobedience of “any other lawful order” requires that the person must have had a duty to obey the order and must have had knowledge of the order. An accused may be charged with disobedience of the lawful order of one not a superior, provided the accused had a duty to obey such order. Examples are lawful orders of a sentinel or of members of the armed forces police. Dereliction in the performance of duties occurs when a person willfully or negligently fails to perform them or performs them in a culpably inefficient manner. To be guilty of inefficiency, an accused must have had the ability and opportunity to perform the assigned duties efficiently, but performed them inefficiently nevertheless. Art. 93. Cruelty and Maltreatment Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct. The cruelty, oppression, or maltreatment must be real, although not necessarily physical. To assault and to subject to improper punishment are examples of this offense. The assignment of necessary or proper duties and the requirement for their correct performance will not constitute this offense even though such duties may be arduous and/or hazardous. Art. 94. Mutiny or Sedition (a) Any person subject to this chapter who— (1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct. 2-24 Student Notes: