UCMJ Article 91: Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer
The purpose of Article 91 is to protect warrant, noncommissioned, or petty officers from disrespect and violence, as well as to ensure obedience to their lawful orders. To be charged with violating Article 91, the accused knew the victim was a warrant, noncommissioned, or petty officer. The accused must have also struck, assaulted, disobeyed, or disrespected the officer.
UCMJ Article 90: Willfully Disobeying Superior Commissioned Officer
The MCM states under Article 90 (Willfully Disobeying Superior Commissioned Officer) that any service member may be prosecuted if they willfully and purposely disobey the lawful command of that service member’s superior commissioned officer.
UCMJ Article 89: Disrespect Toward Superior Commissioned Officer; Assault of Superior Commissioned Officer
A military service member may be subject to prosecution for a violation of Article 89 (Assault of a Superior Commissioned Officer) if they strike their superior commissioned officer or draw or lift up any weapon or offer any violence against that officer while the officer is in the execution of the officer’s office.
UCMJ Article 88: Contempt Toward Officials
The MCM states any service member may be prosecuted under Article 88 (Contempt Toward Officials) if they use “contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present.”
UCMJ Article 87b: Offenses Against Correctional Custody and Restriction
Article 87b of the MCM states a service member may be subject to prosecution if they escape from correctional custody, breach of correctional custody, or breach of restriction.
UCMJ Article 87: Missing Movement; Jumping From Vessel
In order to be convicted of a violation of Article 87, the prosecution must prove beyond a reasonable doubt the accused was absent during, “a move, transfer, or shift of a ship, aircraft, or unit involving a substantial distance and period of time.”
UCMJ Article 86: Absence Without Leave
Absence Without Leave (AWOL) in the military is addressed under Article 86 of the UCMJ. The scope of Article 86 covers any case not addressed in another Article in which a service member is, through the service member’s own fault, not at the place where the member…
UCMJ Article 85: Desertion
Desertion is completed when the service member leaves their unit, organization, or place of duty without authority and with the intent to remain away permanently. Changing their mind and returning in a timely manner is not a defense.
UCMJ Article 84: Breach of Medical Quarantine
There is a difference between a service member being confined to quarters and being under medical quarantine. A service member who has been ordered into a medical quarantine was ordered to do so due to their possible exposure to a communicable contagion.
UCMJ Article 83: Malingering
In order to be prosecuted for Malingering, a service member must have purposely committed an act or acts that directly resulted in their not being able to fulfill their military responsibilities or expectations.