Article 92 UCMJ – Failure to Obey an Order or Regulation
Elite Civilian Court-Martial Defense Lawyers for Article 92 Violations
Article 92 of the Uniform Code of Military Justice (UCMJ) is one of the most commonly charged offenses in the U.S. military. Service members across every branch—Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard—face Article 92 allegations for everything from minor mistakes to serious accusations involving alleged misconduct, negligence, or disobedience.
Article 92 charges can arise from:
- Violating a written regulation
- Ignoring a direct or lawful order
- Failing to follow standard operating procedures (SOPs)
- Negligently performing assigned duties
- Misinterpreting unclear instructions
- Off-duty misconduct interpreted as a violation of orders
While many Article 92 cases involve relatively minor issues, the consequences can be catastrophic:
- Federal conviction
- Reduction in rank
- Loss of career & benefits
- Administrative separation
- Bad-Conduct or Dishonorable discharge
- Confinement
The danger of Article 92 is its broad application. Commands frequently use Article 92 to punish service members when the evidence for other charges is weak. It is often a “catch-all” charge designed to salvage a prosecution.
Gonzalez & Waddington, Attorneys at Law is a globally recognized military defense firm with decades of experience defending Article 92 cases. Led by former JAG Michael Waddington and trial lawyer Alexandra Gonzalez-Waddington, our team defends service members in courts-martial, NJP hearings, administrative separations, and investigations worldwide.
What Is Article 92 UCMJ?
Article 92 covers three main categories of misconduct:
1. Failure to Obey a Lawful General Order or Regulation
This is the most serious form of Article 92. It applies when a service member violates:
- General orders
- Service-wide regulations
- Base-wide policies
- Mandatory directives
Conviction can result in a federal misdemeanor or felony, confinement, and punitive discharge.
2. Failure to Obey a Lawful Order
This applies when a service member is accused of disobeying:
- A direct order from a superior
- A verbal command
- A written instruction specific to the situation
This category is more subjective and frequently abused by commands attempting to discipline quickly.
3. Dereliction of Duty
This includes allegations that a service member:
- Neglected their duties
- Failed to perform duties properly
- Performed duties in a negligent or culpable manner
Dereliction charges often arise in high-risk environments such as aviation, maintenance, range safety, security forces, operational units, and deployed settings.
Branches of the Service Where Our Florida Attorneys Defend Servicemembers:
Why Article 92 Is One of the Most Abused Charges in the Military
Article 92 is used across the services to enforce discipline, but it is often misused due to:
- Ambiguous or unclear orders
- Poorly written SOPs
- Conflicting guidance from leadership
- Improper training before issuing duties
- Command retaliation or political pressure
- Alcohol or off-duty issues reframed as “violations”
In many cases, service members are blamed for failures in leadership, unclear policies, flawed training, or systemic issues entirely outside their control.
Common Situations Leading to Article 92 Charges
1. Off-Duty Misconduct
- Alcohol-related incidents
- Curfew violations
- Failure to report
- Liberty violations
2. COVID / Health Protection Orders
- Mask or quarantine violations
- Travel restrictions
3. Uniform Violations
Commands often improperly escalate uniform issues into Article 92 charges.
4. Misunderstood Verbal Orders
“I didn’t hear it,” “I thought you said something else,” or “No one told me that” can lead to serious charges.
5. Dereliction of Duty in Operational Settings
- Aviation and flight-line operations
- Maritime and Coast Guard interdiction operations
- Army combat arms safety regulations
- Logistics, maintenance, weapons handling
6. Relationship Misconduct (Fraternization / Inappropriate Relationships)
Often charged under Article 92 even when consensual and harmless.
Elements the Government Must Prove
For the prosecution to convict under Article 92, they must prove:
Failure to Obey a Lawful Order
- An order existed
- The order was lawful
- The accused knew about the order
- The accused violated the order
Dereliction of Duty
- The accused had a duty
- The accused knew or should have known of that duty
- The accused willfully or negligently failed to perform it
Defenses to Article 92 Charges
Our firm has successfully destroyed Article 92 cases by demonstrating:
1. The Order Was Not Lawful
Orders must serve a legitimate military purpose. Illegal, irrelevant, discriminatory, vague, or abusive orders are not enforceable.
2. Lack of Knowledge
If a service member was never informed of the order, they cannot be convicted.
3. Ambiguous or Conflicting Orders
Many cases arise when multiple leaders give different instructions.
4. Poor Training or Instruction
You cannot fail at a task you were not properly trained to perform.
5. Honest Mistake
Genuine misunderstandings are NOT criminal offenses.
6. Unreasonable Expectations
Commands sometimes expect impossible performance standards.
7. Command Retaliation or Bias
Article 92 is commonly used as a shortcut to punish unpopular Soldiers, Sailors, Airmen, Marines, Guardians, or Coast Guardsmen.
Consequences of an Article 92 Conviction
- Federal conviction
- Loss of rank and career
- Loss of security clearance
- Punitive discharge
- Confinement
- Loss of retirement
- Permanent non-select for promotion
Even at NJP, an Article 92 finding can ruin your military trajectory.
How Gonzalez & Waddington Defends Article 92 Cases
We use a comprehensive, aggressive defense strategy built over decades of military trial experience.
Our defense approach includes:
- Analyzing the legality of the order or regulation
- Exposing contradictions in command testimony
- Discrediting flawed investigations
- Challenging intent
- Using digital forensics (texts, timestamps, call logs, GPS data)
- Highlighting unclear communication or lack of training
- Demonstrating reasonable performance based on available resources
- Calling expert witnesses in operational and regulatory procedures
Article 92 cases can often be won—or dismissed—by showing the prosecution’s story is incomplete, unfair, or factually incorrect.
Why Service Members Choose Gonzalez & Waddington
Our firm is known worldwide for defending service members in the toughest UCMJ cases. We are trusted because we bring:
- Elite cross-examination skills
- Decades of global trial experience
- Mastery of military regulations
- Deep understanding of command climates
- Strategic and aggressive defense
- A reputation for winning cases that others believed were unwinnable
Pro Tips If You Are Accused of an Article 92 Violation
- Do NOT speak to investigators without a lawyer.
- Do not accept NJP without legal advice.
- Preserve all texts, emails, and messages related to the order.
- Write down your timeline immediately.
- Do not talk to coworkers or supervisors about the case.
- Hire a civilian military defense lawyer early—before charges escalate.
Your Future Is on the Line — Act Now
Article 92 charges can destroy your military career, but with the right defense strategy they can be beaten. Your command, investigators, and prosecutors are already working against you. You need elite representation immediately.
➤ Schedule a Confidential Case Review with Gonzalez & Waddington
Authoritative UCMJ Reference: United States Army Official Website
Article 92 UCMJ – Frequently Asked Questions
Can I be convicted of Article 92 without knowing the order existed?
No. The military must prove that you knew—or reasonably should have known—about the order or regulation. Lack of knowledge is a powerful defense when properly presented by an experienced attorney.
What if the order was unfair, illegal, or unconstitutional?
Illegal or vague orders are not enforceable under the UCMJ. If the order has no valid military purpose or violates rights, it can be attacked and invalidated.
Comprehensive Overview of Article 92 Violations
Article 92 of the Uniform Code of Military Justice addresses the failure to obey a lawful order or regulation. This charge can arise when a service member disobeys direct orders, neglects regulations, or fails to carry out duties as required by military law. Understanding the nuances of this offense is essential to navigating the military justice system effectively.
Facing an Article 92 charge can have serious consequences, including disciplinary action, reduction in rank, or even confinement. It’s important to recognize the legal standards that apply and the potential defenses available to those accused. Proper guidance helps ensure that your rights are protected throughout the legal process.
Why Addressing Article 92 Charges Promptly Matters
Timely and knowledgeable handling of Article 92 allegations can significantly influence the outcome of your case. Addressing these charges early allows for a thorough review of the circumstances, helping to identify mitigating factors or procedural issues. This approach can lead to reduced penalties or dismissal, preserving your military career and personal reputation.
Experienced Military Defense Representation in Ft. Lauderdale
Our team in Ft. Lauderdale provides dedicated defense services for those charged under the UCMJ, including Article 92 violations. We understand the complexities of military law and are committed to advocating for service members throughout Florida. With a focus on thorough preparation and personalized attention, we aim to protect your rights and achieve the best possible results.
Detailed Guide to Article 92 – Failure to Obey Order or Regulation
Article 92 charges arise from alleged disobedience to lawful orders or neglect of regulations in the military. This can include failing to follow direct commands, violating standing orders, or disregarding published regulations. Understanding the definitions and scope of these offenses provides clarity on how they are prosecuted and defended.
The military justice system treats Article 92 offenses seriously, and penalties vary depending on the nature of the violation and the service member’s record. Legal counsel plays a vital role in evaluating the facts, advising on rights, and crafting a defense strategy tailored to the unique circumstances of each case.
Defining Failure to Obey Orders Under Article 92
Article 92 prohibits the intentional failure or refusal to obey any lawful general order or regulation, as well as dereliction in the performance of duties. This includes both explicit orders and established regulations that service members are expected to follow. The charge requires proof that the order was lawful, communicated, and that the accused knowingly disobeyed it.
Key Components and Legal Procedures for Article 92 Cases
To secure a conviction under Article 92, the prosecution must demonstrate that a lawful order or regulation existed, that it was properly communicated, and that the service member wilfully failed to obey. Defense options may include challenging the order’s legality, the clarity of communication, or the intent behind the actions. The process involves investigation, hearings, and potentially court-martial proceedings.
Essential Terms Related to Article 92 Charges
Understanding the terminology used in military justice is crucial when facing an Article 92 charge. Terms such as ‘lawful order,’ ‘dereliction of duty,’ and ‘wilful disobedience’ have specific meanings that affect the interpretation and outcome of a case. Familiarity with these concepts helps in grasping the legal process and available defenses.
Lawful Order
A lawful order is a directive given by a person in authority that is within the bounds of military law and regulations. Service members are obligated to obey lawful orders unless they are illegal or impossible to perform.
Dereliction of Duty
Dereliction of duty involves a service member neglecting or refusing to perform their required duties, resulting in a breach of military responsibilities. This can be a component of Article 92 charges.
Wilful Disobedience
Wilful disobedience refers to the intentional refusal to obey an order or regulation. Proving intent is a key element in Article 92 cases.
Court-Martial
A court-martial is a military court that tries service members accused of offenses under the UCMJ, including Article 92 violations. It follows specific procedures distinct from civilian courts.
Exploring Defense Strategies for Article 92 Charges
When charged with failure to obey an order, service members have several potential defense strategies. These may focus on challenging the order’s legality, the clarity of the instructions, or the circumstances surrounding the alleged disobedience. Understanding these options helps in selecting the most effective approach.
Situations Where Targeted Defense Approaches Are Effective:
Order Was Ambiguous or Unclear
In some cases, the order or regulation may not have been clearly communicated or may have contained ambiguities. Demonstrating a lack of clarity can be a valid defense that limits the scope of the charge and potentially leads to reduced penalties.
Lack of Willful Intent
Proving that the failure to obey was unintentional or due to misunderstanding rather than deliberate disobedience can be a strong defense. This approach focuses on the absence of wilful intent required for conviction under Article 92.
Benefits of a Thorough Defense in Complex Cases:
Multiple Orders or Regulations Involved
Cases involving several orders or regulations require careful analysis to address each alleged violation. A detailed defense strategy can identify inconsistencies and protect the service member’s interests across all charges.
Potential for Severe Penalties
When the consequences of an Article 92 conviction could include significant disciplinary action or confinement, a comprehensive defense approach is essential. This ensures all legal avenues are explored to minimize impact.
Advantages of Engaging in a Full-Scale Defense
A thorough defense allows for a complete examination of the evidence, orders, and circumstances. This can reveal procedural errors or mitigate factors that support a more favorable outcome.
By addressing all aspects of the case, a comprehensive approach increases the likelihood of reducing or dismissing charges, preserving the service member’s record and future opportunities within the military.
In-depth Case Review
An in-depth review of the case helps identify weaknesses in the prosecution’s evidence and strengthens the defense by uncovering key details that might otherwise be overlooked.
Strategic Negotiation and Representation
A comprehensive strategy allows for effective negotiation with military authorities, potentially resulting in reduced charges or alternative resolutions that minimize disciplinary consequences.
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Practical Tips for Navigating Article 92 Charges
Document All Communications
Keep thorough records of any orders or communications related to the alleged violation. Documentation can be critical in establishing what was ordered and when, which supports your defense.
Understand Your Rights
Seek Prompt Legal Representation
Engage a knowledgeable military defense attorney as soon as possible. Early involvement allows for a thorough case review and the development of an effective defense strategy.
Why Defense Against Article 92 Charges Is Essential
Being charged with failing to obey an order or regulation can have lasting effects on your military career and personal life. Defense services can help ensure that your side of the story is heard and that all legal protections are utilized to challenge the charges.
Early and skilled legal support improves the chances of favorable outcomes such as reduced charges, mitigated penalties, or case dismissal. This support is vital for maintaining your standing and future within the military.
Frequent Situations Leading to Article 92 Charges
Service members may face Article 92 charges for a variety of reasons, including failure to follow direct orders, neglecting duty responsibilities, violating standing regulations, or misunderstanding orders. Each circumstance requires careful examination to formulate an appropriate defense.
Ignoring Direct Orders
A service member who knowingly disregards a direct command from a superior officer may be charged under Article 92. Factors such as order clarity and intent are critical in these cases.
Violation of Standing Regulations
Failing to comply with established military regulations, even without a specific direct order, can lead to charges if it constitutes a breach of duty or disobedience.
Neglecting Assigned Duties
Neglect or refusal to perform assigned responsibilities as required by military orders or regulations may also result in Article 92 charges.
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Frequently Asked Questions About Article 92 Defense
What constitutes a lawful order under Article 92?
A lawful order is one that is issued by someone with the authority to command and is consistent with military law and regulations. It must be clear and specific, requiring compliance from the service member. Orders that are vague, ambiguous, or illegal do not meet this standard. Service members are obligated to obey lawful orders promptly unless they are illegal or impossible to perform. Understanding this distinction is important as it forms the basis for charges under Article 92.
Can I refuse an order if I believe it is illegal?
Yes, service members have the right and obligation to disobey orders that are unlawful, such as those that violate military law or the rules of engagement. Refusing to follow an illegal order is protected under the UCMJ; however, the burden is on the service member to demonstrate that the order was indeed unlawful. This can be a complex legal determination requiring careful analysis by legal counsel to avoid wrongful charges.
What penalties can result from an Article 92 conviction?
Penalties for an Article 92 conviction vary widely depending on the severity of the offense, the circumstances involved, and the service member’s prior record. They can range from non-judicial punishment, such as reprimands or reduction in rank, to court-martial sentences including confinement and dishonorable discharge. The military justice system considers each case individually when determining appropriate consequences.
How can a defense attorney help with Article 92 charges?
A defense attorney provides critical assistance by thoroughly investigating the facts, evaluating the legality of the orders involved, and identifying potential defenses. They guide service members through the military justice process, protect their rights, and advocate on their behalf during hearings or court-martial proceedings. Skilled representation can make a significant difference in the case outcome.
Is it possible to have Article 92 charges reduced or dismissed?
It is possible to have charges reduced or dismissed depending on the evidence and circumstances. Defense strategies may highlight procedural errors, lack of intent, or questionable validity of the orders. Early legal intervention increases the chances of achieving favorable resolutions, including plea agreements or alternative dispositions that mitigate the impact of the charges.
What should I do if I am accused of failing to obey an order?
If accused of failing to obey an order, it is important to seek legal advice promptly to understand your rights and options. Avoid making statements without counsel present, and document any relevant facts or communications. Early representation helps ensure a proper defense is developed and that your interests are protected throughout the military justice process.
How does the court-martial process work for Article 92 cases?
The court-martial process involves formal charges being brought before a military court where evidence is presented, and witnesses may testify. The accused has the right to legal representation and to challenge the prosecution’s case. Depending on the type of court-martial, outcomes can range from acquittal to various forms of punishment. The process is governed by the UCMJ and military procedural rules.
Are there differences between disobeying an order and dereliction of duty?
While both involve violations of military duty, disobeying an order specifically refers to failure to follow a lawful command, whereas dereliction of duty involves neglecting assigned responsibilities. Both can be charged under Article 92, but they have distinct legal elements and may require different defense approaches.
Can misunderstandings be a defense against Article 92 charges?
Misunderstandings or communication issues can sometimes serve as a defense if it can be shown that the service member did not wilfully disobey the order. Demonstrating a lack of intent or that the order was unclear can reduce or negate culpability. Each case depends on the specific facts and evidence presented.
How long does it typically take to resolve an Article 92 case?
The duration of an Article 92 case varies based on its complexity, the military branch involved, and the procedures followed. Some cases may resolve through non-judicial punishment relatively quickly, while others requiring court-martial can take several months. Early legal consultation helps manage expectations and plan for the process ahead.