Violating a Military Order

Members of the military are required to obey lawful orders and regulations that are issued. Failure to obey a military order can have serious consequences. If you are convicted your future in the military will be over. It is important to understand when you can face military charges before a court martial for disobeying an order or regulation. If you have been charged with disobeying a military order do not hesitate to contact the San Diego Military Defense Attorneys.

Failure to Obey a Military Order or Regulation

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.

Violation of a General Order

It is a crime to violate a general order or regulation. You can be charged with violating a general order under Article 92(1) if:

1. A lawful general order or regulation existed;
2. You had a duty to obey that general order or regulation; and
3. You violated or failed to obey that general order or regulation.

It is important to note that you can be charged with this crime even if you did not intend to disobey a general order. The fact that a lawful general order existed is enough.

Violation of Another Lawful Order

It is a crime to disobey other lawful orders. You can be charged with failing to obey an order under Article 92(2) if:

1. A lawful order was issued by a member of the armed forces;
2. You had knowledge of that order;
3. You had a duty to obey that order; and
4. You failed to obey the order.

Again, it is important to note that you can be charged with this crime even if you did not intentionally disobey an order. The fact that you knew (or should have known) that the order existed can be enough to charge you with this crime.

Elements of Violating a Military Order

What is a general order? When are you considered to have knowledge of an order? Who is considered a superior? There are all very important questions if you have been accused of violating a military order.

You can only be found guilty if the prosecutor can prove that you are guilty of each element of the crime. It is important to understand what the prosecutor must prove.

What is a general order or regulations?

General orders and regulations are those that are issued by the President, Secretary of Defense, Secretary of Transportation, or military department. The order or regulation must be “generally applicable” to an armed force. Most official statements and orders issued by high-ranking officials or superiors will be considered to be “general orders and regulations.”

General orders remain in effect until they expire or are rescinded. As military personnel, you have a responsibility to obey a lawful order as long as it is effective.

When is a general order or regulation lawful?

A general order or regulation is lawful unless:

1. It violates the Constitution or laws of the United States; or
2. It is issued by a person without authority to do so.

When am I considered to have knowledge of a general order or regulation?

As a member of the military, you will automatically be considered to have knowledge of a general order or regulation. Lack of knowledge is not a defense to violating a general order or regulation.

When am I considered to have knowledge of other orders or regulations?

You must have had “actual knowledge” of the order or regulation in order to be guilty of disobeying that order. The prosecution can use circumstantial evidence to prove that you had the required knowledge.

Dereliction of Duties

A military servicemember can also be charged with “dereliction of duty” under Article 92. Dereliction of duty is charged when the government is unhappy with your conduct. However, there is no specific order related to that conduct. Dereliction of duties can be charged if:

1. You have certain duties;
2. You knew (or should have known) about those duties; and
3. You failed to perform those duties.

You can be charged with dereliction of duties if your conduct was intentional or negligent.

Penalties for Failure to Obey an Order

If you are convicted for violating or disobeying an order your military career will be over. In addition to being discharged, you can face other consequences. The seriousness of these consequences will depend on the type of order you violate or disobey.

The penalties for violating or failing to obey a lawful general order or regulation include:

• Dishonorable discharge;
• Forfeiture of pay and allowances; and/or
• No more than 2 years of confinement.

The penalties for violating or failing to obey other lawful orders include:

• Bad conduct discharge;
• Forfeiture of pay and allowances; and/or
• No more than 6 months of confinement.

The penalties for willful dereliction of duties include:

• Bad conduct discharge;
• Forfeiture of pay and allowances; and/or
• No more than 6 months of confinement.

The penalties for negligent dereliction of duties include:

• Forfeiture of two-thirds of your pay for 3 months, and/or
• No more than 3 months of confinement.

Fighting Charges for Violating a Military Order

If you have been charged under Article 92 with violating a military order it is important to contact an attorney. Your future in the military depends on the decisions you make today. Contact our office to schedule a free consultation. We will explain the seriousness of the charges against you and answer your questions.