Article 92 Failure to Obey Order or Regulation

Article 92 defines disobeying a direct order as three types of offenses – violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty. Article 92 charges are common in many prosecutions.

Article 92 deals with the failure to follow orders or regulations and violation of orders/ regulations. Different situations are covered under Article 92 as follows: violating general order or regulation, violating other written regulation or order, failure to obey lawful order and dereliction of duty.

Someone is derelict when they intentionally fail to perform duties, or perform them in such an inefficient manner that they have no excuse.

In order to be prosecuted for an Article 92 violation of or failure to obey a lawful general order or regulation, the order must have been given by someone with the authority to do so and the order retained validity after a change of command.  The order or regulation must have been lawful and enforceable.

For more information on an Article 92 offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.

Article 92 of the Uniform Code of Military Justice makes it a crime to disobey a lawful military order or regulation. You can be considered to be in violation of Article 92 if you intentionally violate or fail to follow an order. This means that you can be guilty under Article 92 for an intentional or negligent act. Article 92 is broken down into two distinct sections. The first discusses the violation of a general order or regulation. The second discusses the violation of other orders and regulations.

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