§ Article 91 : Insubordinate Conduct Toward a Warrant Officer, Noncommissioned Officer, or Petty Officer

Article 91 of the UCMJ (10 U.S.C. § 891) is the warrant-officer, noncommissioned-officer, and petty-officer counterpart to Articles 89 and 90. It punishes striking or assaulting such an officer in the execution of office, willfully disobeying such an officer’s lawful order, and treating such an officer with contempt or disrespect while the officer is in the execution of office.

Who It Applies To

Any warrant officer or enlisted member who strikes or assaults a warrant officer, noncommissioned officer, or petty officer while that person is in the execution of office; or who willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or who treats a warrant officer, noncommissioned officer, or petty officer with contempt or disrespect, in language or deportment, while that person is in the execution of office.

What It Covers

Each offense requires that the accused was a warrant officer or enlisted member, and that the accused actually knew the other person was a warrant, noncommissioned, or petty officer.

Striking or assaulting a warrant, noncommissioned, or petty officer

1. The accused was a warrant officer or enlisted member.
2. The accused struck or assaulted a certain warrant, noncommissioned, or petty officer.
3. The striking or assault was committed while the victim was in the execution of office.
4. The accused then knew that the person was a warrant, noncommissioned, or petty officer.
5. Where alleged: the victim was the accused’s superior noncommissioned or petty officer, and the accused knew it.

Disobeying a warrant, noncommissioned, or petty officer

1. The accused was a warrant officer or enlisted member.
2. The accused received a certain lawful order from a certain warrant, noncommissioned, or petty officer.
3. The accused then knew that the person giving the order was a warrant, noncommissioned, or petty officer.
4. The accused had a duty to obey the order.
5. The accused willfully disobeyed the order.

Contempt or disrespect toward a warrant, noncommissioned, or petty officer

1. The accused was a warrant officer or enlisted member.
2. The accused did or omitted certain acts, or used certain language.
3. The behavior or language was used toward, and within sight or hearing of, a certain warrant, noncommissioned, or petty officer.
4. The accused then knew that the person was a warrant, noncommissioned, or petty officer.
5. The victim was then in the execution of office.
6. Under the circumstances, the accused by that behavior or language treated the victim with contempt or was disrespectful.
7. Where alleged: the victim was the accused’s superior noncommissioned or petty officer, and the accused knew it.

Scope rules

• Unlike Articles 89 and 90, Article 91 does not require a superior–subordinate relationship, except where the aggravated “superior” form is alleged.
• The article does not protect an acting noncommissioned or petty officer, or military police and shore patrol members who are not warrant, noncommissioned, or petty officers.

Maximum Punishment

Maximum authorized punishment.

• Striking or assaulting a warrant officer: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
• Striking or assaulting a superior noncommissioned or petty officer: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
• Striking or assaulting any other noncommissioned or petty officer: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• Willfully disobeying a warrant officer: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
• Willfully disobeying a noncommissioned or petty officer: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• Contempt or disrespect toward a warrant officer: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 9 months.
• Contempt or disrespect toward a superior noncommissioned or petty officer: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
• Contempt or disrespect toward any other noncommissioned or petty officer: forfeiture of two-thirds pay per month for 3 months and confinement for 3 months, with no punitive discharge.

Sentencing parameters.

• Striking or assaulting a warrant officer, or a superior noncommissioned or petty officer: Category 2 (1–36 months).
• Striking or assaulting any other noncommissioned or petty officer: Category 1 (0–12 months).
• Willful disobedience of a warrant, noncommissioned, or petty officer: Category 1 (0–12 months).
• Contempt or disrespect: Category 1 (0–12 months), with recommended maximums of 9 months (warrant officer), 6 months (superior noncommissioned or petty officer), and 3 months (other noncommissioned or petty officer).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 91 mirrors Articles 89 and 90 in structure, but reaches a different set of superiors — warrant officers, noncommissioned officers, and petty officers, rather than commissioned officers. Only a warrant officer or enlisted member can be charged under this article; it does not apply between commissioned officers.

What the Provision Does

Article 91 applies to a warrant officer or enlisted member who strikes or assaults, willfully disobeys, or treats with contempt or disrespect a warrant officer, noncommissioned officer, or petty officer in the execution of office. The maximum confinement depends on the form and on the status of the victim.

History

The statutory language traces to the original 1950 Uniform Code of Military Justice and was re-enacted in its current form on August 10, 1956.

Sources

• 10 U.S.C. § 891 (Article 91, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 17
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C