Subchapter X · Punitive Articles

Article 89. Disrespect toward superior

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (7)

This is a punitive article. Its elements, explanation, maximum punishment, and sample specifications are in the Manual's Part IV. Read Article 89 in the Punitive Articles →
Cross-referencesCited by 7Elsewhere 2
Cited by

Provisions elsewhere in the Manual whose text cites Article 89. Each link opens the citing provision.

Rules for Courts-Martial
Discussion under R.C.M. 307(c)(2) — Preferral of charges
…charges before arraignment. See R.C.M. 601(e)(2). (C) Preemption . An offense specifically defined by Articles 81 through 132 may not be alleged as a violation of Article 134 . See paragraph 91.c.(5)(a) of Part IV. But see R.C.M.…
R.C.M. 916(e)(3) — Defenses
Other assaults. It is a defense to any assault punishable under Article 89, 91, 128, or 128b and not listed in paragraphs (e)(1) or (2) of this rule that the accused:
R.C.M. 916(e)(5) — Defenses
…another. It is a defense to homicide, attempted homicide, assault with intent to kill, or any assault under Article 89, 91, 128, or 128b that the accused acted in defense of another, provided that the accused may not use more force than the…
UCMJ Punitive Articles
Article 91, ¶ 17.c.(1) — Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
…Article 91 has the same general objects with respect to warrant, noncommissioned, and petty officers as Articles 89 and 90 have with respect to commissioned officers, namely, to ensure obedience to their lawful orders, and to…
Article 92, ¶ 18.c.(2)(c)(i) — Failure to obey order or regulation
…one armed force is the superior commissioned officer of a member of another armed force for the purposes of Articles 89 and 90. See subparagraph 13.c.(1).
Article 134, ¶ 91.c.(5)(a) — General article
Preemption doctrine. The preemption doctrine prohibits application of Article 134 to conduct covered by Articles 80 through 132. For example, larceny is covered in Article 121, and if an element of that offense is lacking—for example,…
Uniform Code of Military Justice
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).