Article 91 UCMJ – Insubordination Toward Warrant Officer, NCO, or Petty Officer – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 91 of the Uniform Code of Military Justice criminalizes insubordination toward a warrant officer, noncommissioned officer (NCO), or petty officer. This offense includes disobeying lawful orders, disrespectful conduct, assaulting or attempting to assault an NCO/warrant officer, or behaving with contempt toward those in supervisory roles.

Unlike Article 90—which covers officers—Article 91 focuses on misconduct toward NCOs, petty officers, and warrant officers. Because these leaders oversee daily operations, Article 91 charges are extremely common and often arise from high-stress environments, miscommunication, emotional outbursts, alcohol incidents, personality conflicts, or unclear orders.

Florida bases—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick SFB, MacDill AFB, NSA Panama City, and NAS Key West—see a high number of Article 91 allegations. Many originate from nightlife incidents, alcohol-related disputes, barracks conflicts, training stress, domestic issues spilling into duty, or disagreements over unclear instructions.

Gonzalez & Waddington is globally recognized for defending service members charged with insubordination. We expose command overreach, unreliable witnesses, unclear orders, emotional context, and flawed investigations. Article 91 cases are highly winnable with the right strategy.

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What Article 91 Criminalizes

Article 91 prohibits the following misconduct toward warrant officers, NCOs, or petty officers:

• Disobeying lawful orders
• Disrespectful behavior, verbal or nonverbal
• Assault or attempted assault
• Willful dereliction of duty in relation to supervision by NCO/warrant officer
• Contemptuous gestures or language
• Refusal to follow instructions

The key is that the accused must have known the person was an NCO, petty officer, or warrant officer—and that the conduct was intentional and wrongful.

Examples of Article 91 Violations

• Yelling at or cursing at an NCO during an argument
• Refusing to follow an instruction during duty
• Walking away while being counseled
• Slapping away a hand or brushing past an NCO
• Arguing while intoxicated and refusing to comply
• Mocking or insulting an NCO in front of others
• Physically resisting lawful restraint

However, many cases involve miscommunication, unclear orders, stress, or intoxication—not true insubordination.

Military Must Prove These Elements

1. The Accused Knew the Victim’s Status

NCO, petty officer, or warrant officer status must be known or obvious.

2. The Victim Was Performing Official Duties

If they were off-duty, drunk, or acting outside their authority, Article 91 may not apply.

3. The Accused’s Conduct Was Intentional

Accidental behavior, confusion, or self-defense is not insubordination.

4. The Conduct Was Wrongful

There may be lawful reasons for declining an order (safety, conflicting orders, illegality).

Why Article 91 Cases Are Often Weak

• Orders were unclear or conflicting
• Accused acted under stress or confusion
• NCO exceeded their authority
• Witnesses were drunk or biased
• Bodycam or CCTV contradicts statements
• Command escalated minor disrespect into criminal charges
• Accused acted in self-defense
• No proof the conduct was intentional

With proper defense, these cases frequently result in dismissal or acquittal.

Why Article 91 Charges Are Especially Common in Florida

Florida military communities produce high numbers of Article 91 accusations due to:

• Nightlife disputes involving intoxicated service members
• High operational tempo causing stress and fatigue
• Barracks confrontations among mixed ranks
• Personality conflicts between junior and senior enlisted
• Training environments (Pensacola, Whiting, Hurlburt) with frequent tension
• Domestic stress spilling into duty-related interactions

Many Article 91 cases begin with emotion—not criminal intent.

Real-World Florida Article 91 Scenarios

1. Argument With an NCO After a Night Out

Drunken misunderstanding escalates into disrespect allegations.

2. Failure to Obey During High-Stress Training

Confusion mistaken as “refusal.”

3. Personality Conflict in Barracks

Roommates or peers report disrespect due to grudges.

4. Domestic Issues Affecting Behavior

Emotionally charged moments misinterpreted as insubordination.

5. Group Chats or Text Threads

Statements screenshot and misrepresented as “contempt.”

6. Unclear or Rapid Commands During Field Exercises

Misunderstanding or inability to comply in time.

7. Self-Defense Misunderstood as Assault

Accused pushes past an NCO while being grabbed.

8. NCO Not Performing Official Duties

Off-duty, intoxicated NCO cannot legally claim Article 91 violation.

Defense Strategies for Article 91 Cases

1. Attack the Order

Was it lawful? Clear? Within the NCO’s authority?

2. Prove Lack of Intent

Confusion, fear, or intoxication often eliminate wrongful intent.

3. Show NCO Misconduct or Overreach

Commands often ignore when NCOs abuse authority.

4. Demonstrate Self-Defense

The accused may have reasonably reacted to physical contact.

5. Destroy Witness Credibility

• Drunken witnesses
• Retaliation after discipline
• Barracks rivalries
• Chain of command bias

6. Use Digital Forensics

Bodycam, CCTV, and phone recordings often show the truth.

7. Argue No Prejudice to Good Order

Private arguments do not always impact the mission.

Pro Tips for Anyone Facing Article 91 Charges

• Do NOT talk to investigators without a lawyer.
• Do NOT try to “apologize your way out.”
• Preserve all texts, videos, witness names.
• Write a confidential timeline immediately.
• Avoid discussing the case with anyone in the unit.
• Avoid all contact with involved NCOs or witnesses.
• Get civilian defense counsel ASAP.

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Article 91 – Frequently Asked Questions