Subchapter X · Punitive Articles
Article 92. Failure to obey order or regulation
2024 Manual for Courts-Martial, United States
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This is a punitive article. Its elements, explanation, maximum punishment,
and sample specifications are in the Manual's Part IV.
Read Article 92 in the Punitive Articles →
Cross-referencesCited by 13Elsewhere 2
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Provisions elsewhere in the Manual whose text cites Article 92. 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.…
…(vi) Orders . (a) General orders . A specification alleging a violation of a general order or regulation (Article 92(1)) must clearly identify the specific order or regulation allegedly violated. The general order or regulation…
UCMJ Punitive Articles
Article 78, ¶ 2.c.(2) — Accessory after the fact
…fact. Such failure may violate a general order or regulation, however, and thus constitute an offense under Article 92. See paragraph 18. If the offense involved is a serious offense, and the accused does anything to conceal…
Article 80, ¶ 4.c.(7) — Attempts
Regulations. An attempt to commit conduct which would violate a lawful general order or regulation under Article 92 ( see paragraph 18) should be charged under Article 80. It is not necessary in such cases to prove that the…
Article 90, ¶ 16.c.(2)(b) — Willfully disobeying superior commissioned officer
…or failure to perform previously established duties are not punishable under this article, but may violate Article 92.
Article 90, ¶ 16.c.(2)(f) — Willfully disobeying superior commissioned officer
…order through heedlessness, remissness, or forgetfulness is not a violation of this article but may violate Article 92.
Article 128b, ¶ 78a.c.(7)(a) — Domestic Violence
a military protective order enforceable under 10 U.S.C. § 892 (article 92); or
Article 132, ¶ 89.c.(7) — Retaliation
…types or categories of prohibited retaliatory actions by regulation, which may be punished as violations of Article 92.
Article 134, ¶ 91.c.(2)(b) — General article
…set forth in regulations of the various armed forces. Violations of these customs should be charged under Article 92 as violations of the regulations in which they appear if the regulation is punitive. See subparagraph…
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,…
Article 134, ¶ 101.c.(2) — Fraternization
…may be similarly covered. Violations of such regulations, directives, or orders may be punishable under Article 92. See paragraph 18.
Article 134, ¶ 106.c.(2) — Pandering and prostitution
…for compensation by military personnel. Violations of such regulations or orders may be punishable under Article 92. See paragraph 18.
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).