Any person subject to this chapter who willfully disobeys a lawful command of that person’s superior commissioned officer shall be punished—

if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and

if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

That the accused received a lawful command from a superior commissioned officer;

That this officer was the superior commissioned officer of the accused;

That the accused then knew that this officer was the accused’s superior commissioned officer; and

That the accused willfully disobeyed the lawful command.

[Note: if the offense was committed in time of war, add the following element]

That the offense was committed in time of war.

The definition in subparagraph 15.c.(1) applies here.

An order requiring the performance of a military duty or act may be inferred to be lawful, and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the commission of a crime.

The lawfulness of an order is a question of law to be determined by the military judge.

The commissioned officer issuing the order must have authority to give such an order. Authorization may be based on law, regulation, custom of the Service, or applicable order to direct, coordinate, or control the duties, activities, health, welfare, morale, or discipline of the accused.

The order must relate to military duty, which includes all activities reasonably necessary to accomplish a military mission, or safeguard or promote the morale, discipline, and usefulness of members of a command and directly connected with the maintenance of good order in the Service. The order may not, without such a valid military purpose, interfere with private rights or personal affairs. However, the dictates of a person’s conscience, religion, or personal philosophy cannot justify or excuse the disobedience of an otherwise lawful order. Disobedience of an order which has for its sole object the attainment of some private end, or which is given for the sole purpose of increasing the penalty for an offense which it is expected the accused may commit, is not punishable under this article.

The order must not conflict with the statutory or constitutional rights of the person receiving the order.

The order must be directed specifically to the subordinate. Violations of regulations, standing orders or directives, or failure to perform previously established duties are not punishable under this article, but may violate Article 92.

As long as the order is understandable, the form of the order is immaterial, as is the method by which it is transmitted to the accused.

The order must be a specific mandate to do or not to do a specific act. An exhortation to “obey the law” or to perform one’s military duty does not constitute an order under this article.

The accused must have actual knowledge of the order and of the fact that the person issuing the order was the accused’s superior commissioned officer. Actual knowledge may be proved by circumstantial evidence.

“Willful disobedience” is an intentional defiance of authority. Failure to comply with an order through heedlessness, remissness, or forgetfulness is not a violation of this article but may violate Article 92.

When an order requires immediate compliance, an accused’s declared intent not to obey and the failure to make any move to comply constitutes disobedience. Immediate compliance is required for any order that does not explicitly or implicitly indicate that delayed compliance is authorized or directed. If an order requires performance in the future, an accused’s present statement of intention to disobey the order does not constitute disobedience of that order, although carrying out that intention may.

A discharged prisoner or other civilian subject to military law ( see Article 2) and under the command of a commissioned officer is subject to the provisions of this article.

Death or such other punishment as a court-martial may direct.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

In that __________ (personal jurisdiction data), having received a lawful command from __________, (his) (her) superior commissioned officer, then known by the said __________ to be (his) (her) superior commissioned officer, to __________, or words to that effect, did, (at/on board—location), on or about _____ 20 __, willfully disobey the same.