Article 92 UCMJ | Failure to Obey an Order or Regulation
Article 92 of the Uniform Code of Military Justice (UCMJ) is one of the most commonly charged offenses in the military justice system. It covers the failure to obey lawful orders or regulations and can range from minor infractions to serious acts of misconduct that threaten mission readiness. A conviction under Article 92 can result in confinement, a punitive discharge, and the permanent loss of military benefits. At Gonzalez & Waddington, we have defended service members worldwide facing Article 92 charges and know how to dismantle weak government cases built on questionable orders or command overreach.
Video: Understanding Article 92 UCMJ Charges
What Article 92 Covers
Article 92 makes it a crime for service members to:
- Violate or fail to obey a lawful general order or regulation
- Fail to obey other lawful orders from superiors
- Be derelict in the performance of duties, meaning willfully or negligently failing to carry them out
The government does not need to prove intent in all cases—negligence alone can be enough for some forms of Article 92 violations.
Potential Punishments Under Article 92
- Reduction in rank
- Forfeiture of pay
- Confinement (up to 2 years for failure to obey a lawful order; more for violating a general regulation)
- Dishonorable discharge or dismissal
Defenses to Article 92 Allegations
- Order was unlawful – An order must have a valid military purpose and not conflict with constitutional rights.
- Lack of knowledge – The accused must have known, or reasonably should have known, of the order.
- Ambiguity – If the order was unclear or open to multiple interpretations, compliance cannot be strictly enforced.
- No duty established – In dereliction cases, the government must prove that a legal duty actually existed.
Pro Tips & Mistakes to Avoid
Pro Tips
- Scrutinize whether the order was lawful and specific.
- Use the Article 32 hearing to test the government’s interpretation of the order.
- Gather witnesses who can testify to standard practices and custom in the unit.
Mistakes to Avoid
- Assuming all orders are lawful—some are not.
- Failing to contest vague or contradictory orders.
- Waiting too long to hire an experienced civilian defense lawyer.
Why Choose Gonzalez & Waddington
Our firm has defended service members accused of Article 92 violations across every branch of the military. From combat deployments to garrison commands, we know how to expose weak charges and hold commanders accountable for overreach. If you are facing Article 92 allegations, your career and freedom are on the line. We are ready to fight for you.
Call Gonzalez & Waddington at 1-800-921-8607 or visit ucmjdefense.com for a confidential consultation today.
FAQs on Article 92 UCMJ
What is Article 92 of the UCMJ?
It is the military law that prohibits failure to obey lawful orders or regulations, or being derelict in duty.
Can I be convicted under Article 92 for negligence?
Yes. Some forms of dereliction of duty under Article 92 require only negligence, not intent.
Are all orders lawful under Article 92?
No. An order must have a valid military purpose and not violate rights or regulations.
What is the maximum punishment for Article 92?
It varies but can include up to 2 years of confinement and a dishonorable discharge for violating a lawful order or regulation.
Why should I hire a civilian defense lawyer for Article 92 charges?
Civilian defense lawyers can aggressively challenge unlawful or vague orders, cross-examine witnesses, and fight to preserve your career and reputation.