§ Article 92 : Failure to Obey Order or Regulation

Article 92 of the UCMJ (10 U.S.C. § 892) punishes three distinct failures: violating or failing to obey a lawful general order or regulation, failing to obey another lawful order after having knowledge of it, and dereliction in the performance of duties. The maximum punishment for dereliction depends on whether it was willful and whether it resulted in death or grievous bodily harm.

Who It Applies To

Any person subject to the UCMJ. Article 92 has three separate clauses, and a specification identifies which one is charged:

• Clause (1) — violating or failing to obey a lawful general order or regulation.
• Clause (2) — violating or failing to obey any other lawful order, having knowledge of it.
• Clause (3) — being derelict in the performance of one’s duties.

What It Covers

Clause (1) — Violation of or failure to obey a lawful general order or regulation

1. There was in effect a certain lawful general order or regulation.
2. The accused had a duty to obey it.
3. The accused violated or failed to obey it.

Clause (2) — Failure to obey other lawful order

1. A member of the armed forces issued a certain lawful order.
2. The accused had knowledge of the order.
3. The accused had a duty to obey the order.
4. The accused failed to obey the order.

Clause (3) — Dereliction in the performance of duties

1. The accused had certain duties.
2. The accused knew, or reasonably should have known, of those duties.
3. The accused was derelict in performing them — willfully, or through neglect or culpable inefficiency.
4. Where alleged: the dereliction resulted in death or grievous bodily harm to a person other than the accused.

Key rules

• General orders. General orders and regulations are those generally applicable to an armed force and properly published by the President, the Secretary of Defense, the Secretary of Homeland Security, or the Secretary of a military department, and those generally applicable to a command that are issued by an officer with general court-martial jurisdiction, a general or flag officer in command, or a commander superior to either. Knowledge of a general order or regulation is not an element of clause (1), and lack of knowledge is not a defense. Provisions that only give general guidelines or advice may not be enforceable under clause (1).
• Other orders. Clause (2) requires actual knowledge of the order, which may be proved by circumstantial evidence. It covers lawful orders not chargeable under Article 90, Article 91, or clause (1), including written regulations that are not general regulations, and orders from someone who is not a superior but whom the accused had a duty to obey, such as a sentinel.
• Lawfulness. Clauses (1) and (2) require a lawful order or regulation. Under the Manual, a general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders, or is otherwise beyond the authority of the official issuing it. An order requiring the performance of a military duty may be inferred to be lawful; that inference does not apply to a patently illegal order. Whether an order is lawful is a question of law for the military judge.
• Duties. A duty may be imposed by treaty, statute, regulation, lawful order, standard operating procedure, or custom of the service. Actual knowledge of the duty need not be shown if the accused reasonably should have known of it.

Maximum Punishment

Maximum authorized punishment.

• Violating or failing to obey a lawful general order or regulation: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
• Violating or failing to obey any other lawful order: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
• Dereliction through neglect or culpable inefficiency: forfeiture of two-thirds pay per month for 3 months and confinement for 3 months, with no punitive discharge.
• The same, resulting in death or grievous bodily harm: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 18 months.
• Willful dereliction: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
• Willful dereliction resulting in death or grievous bodily harm: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

The punishments for clauses (1) and (2) do not apply where, without the order or regulation, the same facts would make the accused guilty of another specific offense with a lesser punishment, or where the violation is a breach of restraint imposed by an order. In those cases, the maximum is the one prescribed for that other offense.

Sentencing parameters.

• General order or regulation: Category 1 (0–12 months).
• Other lawful order: Category 1, with a recommended maximum of 6 months.
• Dereliction through neglect or culpable inefficiency: Category 1, with a recommended maximum of 3 months.
• The same, resulting in death or grievous bodily harm: Category 2 (1–36 months), with a recommended maximum of 18 months.
• Willful dereliction: Category 1, with a recommended maximum of 6 months.
• Willful dereliction resulting in death or grievous bodily harm: Category 2, with a recommended maximum of 24 months.

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

Willful disobedience of a specific order from a superior commissioned officer is addressed by Article 90, and disobedience of a warrant, noncommissioned, or petty officer in the execution of office by Article 91. Article 92(2) covers lawful orders outside those articles, and does not require the willful defiance Article 90 requires — a failure to obey through forgetfulness or heedlessness can fall under Article 92 but not Article 90.

What the Provision Does

Article 92 is the general provision for violations of lawful general orders and regulations, failures to obey other lawful orders, and dereliction in the performance of duties, while Articles 89 through 91 address conduct toward particular superiors. The maximum confinement ranges from 3 months to 2 years depending on the form.

History

Article 92 appeared in the original 1950 Uniform Code of Military Justice and was codified at 10 U.S.C. § 892 in 1956. Its three clauses have not been amended since.

Sources

• 10 U.S.C. § 892 (Article 92, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 18
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C