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Art. 89. Disrespect Toward Superior Commis-
sioned Officer
Any person subject to this code who
behaves with disrespect toward his superior
commissioned officer shall be punished as
a court-martial may direct.
A superior commissioned officer is a commis-
sioned officer who is superior in rank or com-
mand. Disrespect includes insulting words,
insolence, impertinence, undue familiarity or
other rudeness, and failing to salute.
Art. 90. Assaulting or Willfully Disobeying
Superior Commissioned Officer
Any person subject to this code who—
(1) strikes his superior commis-
sioned officer or lifts up any
weapon or offers any violence
against him while he is in the
execution of his office; or
(2) willfully disobeys a lawful
command of his superior commis-
sioned officer;
shall be punished, if the offense is
committed in time of war, by death or such
other punishment as a court-martial may
direct, and if the offense is committed at
any other time, by such punishment, other
than death, as a court-martial may direct.
An officer is in the “execution of his office”
when performing any act the officer is required
or authorized to do. Note that the article is not
confined to striking a superior commissioned
officer; it takes in brandishing a weapon or
waving a fist under the officer’s nose.
Willful disobedience, as used here, means
intentional defiance of a lawful order. You must
presume that any order given by an officer is legal.
If you disobey because you think otherwise, you
do so at your own risk. It is better to do your
questioning after you have carried out the order.
Art. 91. Insubordinate Conduct Toward Warrant
Officer, Noncommissioned Officer, or
Petty Officer
Any warrant officer or enlisted member
who—
(1) strikes or assaults a warrant
officer, noncommissioned officer,
or petty officer, while that officer
is in execution of his office;
(2) willfully disobeys the lawful
order of a warrant officer, non-
commissioned officer, or petty of-
ficer; or
(3) treats with contempt or is
disrespectful in language or deport-
ment toward 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, noncommis-
sioned officers, and petty officers as articles 89
and 90 have with respect to commissioned of-
ficers. 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 code 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 perform-
ance 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. It may be
issued by the President or the Secretary of
Defense, the Secretary of Transportation, or the
Secretary of a military department. It may also
be issued by an officer having general court-
martial jurisdiction, a general or flag officer in
command, or a commander superior to one of
these.
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
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