What Is Article 92 of the UCMJ?

Article 92 of the Uniform Code of Military Justice (UCMJ) covers the Failure to Obey an Order or Regulation. Service members accused of failure to obey orders, regulations or performing their duties in a negligent or intentionally poor manner may be charged under this article.

This is one of the most commonly charged offenses in military justice. It can apply to a wide range of misconduct, including dereliction of duty, failure to follow safety protocols, and refusing to carry out a lawful order.

📌 What Happens If You Disobey a Military Order?

Violating a lawful order in the military is serious. The government may launch an investigation into:

• Refusal to carry out orders
• Negligent performance of duty
• Drunk or incapacitated on duty
• Failure to follow standing safety procedures
• Dereliction of duty that causes injury or death

Even a single mistake can lead to nonjudicial punishment (Article 15), a GOMOR (General Officer Memorandum of Reprimand), administrative separation, or even court-martial.

🔍 Elements of an Article 92 UCMJ Charge

To convict a service member under Article 92, failure to obey orders, the government must prove at least one of the following three types of violations:

1. Violation of a Lawful General Order or Regulation

• A valid general order or regulation was in effect;
• The accused had a duty to obey it;
• The order or regulation was knowingly violated.

2. Failure to Obey Other Lawful Orders

• A member of the armed forces issued a lawful order;
• The accused knew of the order;
• The accused had a duty to obey it;
• The accused failed to follow it.

3. Dereliction in the Performance of Duties

• The accused had assigned duties;
• They knew (or should have known) about these duties;
• They willfully, through neglect, or culpable inefficiency, failed to perform them.

🧠 How Is “Duty” Defined in the Military?

Duties in the military are clearly defined through:

• Lawful orders
• Military regulations
• Standing Operating Procedures (SOPs)
• Customs of the service
• Command policies or directives

Service members are trained extensively and are expected to understand and follow these rules. A claim of ignorance is rarely a successful defense.

⚖️ Defenses to Article 92 UCMJ Charges

An Article 92 charge must be based on a lawful order or regulation. Potential defenses to Article 92 include:

• The order was unlawful (violated the Constitution or U.S. law)
• The officer had no authority to issue the order
• The service member had no knowledge of the order or regulation
• The alleged dereliction does not meet the required intent or negligence

An experienced military defense lawyer can examine the facts of the case to determine if the government’s case meets the burden of proof.

⚠️ What’s the Maximum Punishment for Article 92?

Penalties under Article 92 depend on the specific type of violation:

(1) Violation of a Lawful General Order or Regulation:

• Dishonorable discharge
• Forfeiture of all pay and allowances
• Confinement for up to 2 years

(2) Failure to Obey Other Lawful Orders:

• Bad-conduct discharge
• Forfeiture of all pay and allowances
• Confinement for up to 6 months

⚠️ Note: In some situations, punishment may be limited if the same conduct falls under another offense with a lesser maximum sentence.

🛡️ Article 92 and Court-Martial

Although Article 92 is a punitive article, not all violations result in a court-martial. Most cases involving minor disobedience or dereliction of duty are handled through:

• Article 15 / Nonjudicial Punishment (NJP)
• Captain’s Mast
• GOMORs
• Administrative Separation Boards (AdSep)
• Boards of Inquiry (for officers)

Serious violations, especially those that cause injury, death, or mission failure, may be referred to special or general court-martial.

📞 Need Help with an Article 92 Charge?

If you’re under investigation for failure to obey an order, dereliction of duty, or any other Article 92 violation, you need experienced legal help immediately. The military justice system moves quickly, and the stakes are high.

I serve service members world-wide. Reach out to my office at +‪(757) 504-2815 or via our easy-to-use online form to arrange a consultation.

Attorney Peter Kageleiry, Jr., focuses his legal practice exclusively on military court-martial law and related adverse administrative actions.