UCMJ Article 91 is the charge that covers the insubordinate conduct of an enlisted member or a warrant officer toward another warrant officer, noncommissioned officer, or petty officer. Service members may find themselves charged with the elements of UCMJ Article 91 if they are suspected of hitting or assaulting an NCO or petty officer while that NCO or petty officer is at work. A service member may also face allegations of UCMJ Article 91 if they are suspected of disobeying the lawful orders of other superiors willfully and disrespecting their superior NCO or officers.

Article 91 is one of the punitive articles of the UCMJ, which means that someone accused of violating the article can be tried by court-martial. However, the military tends to reserve court-martial cases to more serious offenses like sexual assault. Those suspected of violating UCMJ Article 91 with a failure to obey orders or regulation, would more likely face adverse administrative action like an Article 15 or Captains Mast, a General Officer Memorandum of Reprimand, or GOMOR, potentially followed by a admin separation board, or AdSep.

Any person subject to this chapter on Article 91 who—

The elements of UCMJ Article 91 insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer are as follows:

Any warrant officer or enlisted member who—

(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;

(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

(3) treats with contempt or is disrespectful in language or deportment 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.

For more information on an UCMJ Article 91 offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.