Article 92: Failure to Obey Order or Regulation

If you are a member of the armed forces and have been charged with failure to obey order or regulation, then it is important to understand what exactly this charge is and what it means for you.

Article 92 Defined

Article 92 of the Uniform Code of Military Justice (UCMJ) covers various possible charges, including:

  • Violating general order or regulation
  • Violating other written regulation or order
  • Failure to obey lawful order
  • Dereliction of duty

There are a few different elements that make up each charge, but if you are charged with failing to obey or violating order or regulation, some elements of these charges are the same. This includes:

  • That a lawful regulation or order existed
  • The accused was bound by duty to obey this order or regulation
  • The accused disobeyed this order or regulation

Dereliction of Duty

For the charge of dereliction of duty, there are different elements involved. Some of the elements that make up this charge include:

  • The accused was assigned certain
  • In the case of willful dereliction, there must be proof that the accused had knowledge of the duties assigned to him or her
  • In the case of negligence, there must be proof that there are reasonable grounds that the accused should have known about the duties assigned to him or her but failed to carry them out

Possible Consequences of Conviction

If convicted for any of the charges under Article 92 of the UCMJ, possible punishment includes dishonorable discharge, forfeiture of pay and allowances, and a maximum of two years jail time.

How We Can Help

You don’t have to go through this alone. Attorney Garrison Wood specializes in military defense law and knows exactly how to handle cases similar to yours. Take the first step toward regaining your freedom and contact us today.

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