Article 92 UCMJ – Failure to Obey an Order or Regulation – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 92 of the UCMJ is one of the most frequently charged offenses in the United States military. It covers a wide range of misconduct, from violating written regulations to disobeying lawful orders to failing to perform duties. Because it is so broad, Article 92 is often used as a “catch-all” charge when commands want to take action but have weak evidence of more serious misconduct.

Service members across the country — especially in high-tempo states like Florida — face Article 92 charges for reasons ranging from alcohol incidents, fraternization allegations, safety violations, administrative errors, and command climate complaints. Florida installations such as NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt, Tyndall, MacDill, and Patrick Space Force Base frequently issue Article 92 charges due to their intense operational climates and strict leadership expectations.

Gonzalez & Waddington, Attorneys at Law defends service members worldwide who are accused of violating Article 92. Our firm combines decades of courtroom experience, deep UCMJ knowledge, and national-level authority to protect military careers against unfair, exaggerated, or retaliatory Article 92 allegations.

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What Is Article 92 UCMJ?

Article 92 covers three distinct types of violations:

• 92(1) – Violating or failing to obey a lawful general order or regulation
• 92(2) – Failing to obey a lawful order
• 92(3) – Dereliction of duty

Although grouped under the same Article, these are legally different offenses, each with unique elements and defenses. Understanding which version the government is accusing you of is the first step to building a strong defense.

Elements of Article 92

Violation of a General Order or Regulation – Article 92(1)

• A general order or regulation existed
• The accused had a duty to obey the order/regulation
• The accused violated or failed to obey it

Failure to Obey a Lawful Order – Article 92(2)

• A specific lawful order was issued
• The accused knew of the order
• The accused failed to obey or disobeyed the order

Dereliction of Duty – Article 92(3)

• The accused had a certain duty
• The accused knew or reasonably should have known of the duty
• The accused was derelict (negligent, willful, or culpably inefficient)

Maximum Punishments Under Article 92

The maximum punishment depends on the subsection. The harshest penalties apply to violating a general order or regulation.

• Dishonorable discharge
• Confinement up to 2 years
• Reduction to E-1
• Total forfeitures

Dereliction of duty typically carries lighter punishments, but a conviction can still destroy your career, especially in high-visibility regions like Florida.

Common Article 92 Scenarios

1. Liberty Violations

• Breaking liberty hour restrictions
• Drinking restrictions in training commands (Pensacola, Whiting)
• Returning late to ship or command

2. Alcohol Misconduct

• Drinking while on duty
• Consuming alcohol while under age
• Violating command alcohol policies

3. Relationship Violations

• Fraternization orders
• No-contact orders
• Orders restricting communication during investigations

4. Domestic Violence-Related Orders

• Military protective orders (MPOs)
• No-contact with spouse/partner
• Home restrictions issued after a domestic call

5. Administrative/Professional Failures

• Safety violations
• Failure to maintain readiness
• Improper reporting or documentation

6. Training Command Scenarios

• “Phase liberty” violations
• Breaking uniform or grooming requirements
• Improper barracks procedures

7. COVID-Era & Emergency Orders

• Mask orders
• Quarantine or restriction-of-movement violations
• Command-directed testing orders

How the Military Investigates Article 92

Article 92 cases may involve:

• NCIS – Navy/Marine Corps
• OSI – Air Force/Space Force
• CID – Army
• CGIS – Coast Guard
• Command Investigations (15-6, JAGMAN, CDI)

Common Investigator Tactics

• Presenting the order without explaining context
• Claiming “you signed a page 13” when you didn’t
• Misstating what the order required
• Collecting statements from biased or intoxicated witnesses
• Failing to review digital evidence or text messages

In Florida, investigators often escalate minor infractions due to high operational tempo, media pressure, and command sensitivity.

How Gonzalez & Waddington Defends Article 92 Charges

Our firm uses a multi-layered defense strategy that dismantles Article 92 cases from every angle:

1. Proving the Order was NOT Lawful

• Order must come from proper authority
• Must relate to military duty
• Must not violate constitutional rights

2. Proving the Service Member Never Received the Order

• No signature documenting receipt
• No briefing documentation
• Order not clearly communicated

3. Proving the Accused Did Not KNOW About the Order

• Ambiguous instructions
• Poorly distributed guidance
• Incorrect version circulated

4. Challenging Dereliction Allegations

• Undefined or unreasonable duties
• Overlapping responsibilities
• Improper expectations or training gaps

5. Command Climate & Retaliation Defense

• Disputes between supervisors
• Likes/dislikes influencing allegations
• Retaliation after reporting misconduct

6. Florida-Specific Defense Strategies

• Orders issued due to nightlife or alcohol culture
• Barracks conflicts mistakenly escalated
• Training command overreach
• Ship or squadron commands reacting to PR pressure

Pro Tips for Service Members Charged with Article 92

• Do NOT admit you knew the order existed unless proven.
• Save all texts, emails, logs, rosters, and message traffic.
• Document how the order was communicated (or wasn’t).
• Write a timeline immediately.
• Do NOT try to “explain” to investigators.
• Avoid discussing the case with coworkers.
• Request the written order through legal channels.
• Get legal counsel before NJP, Mast, or Article 15.
• Do NOT waive your rights under pressure.

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Article 92 UCMJ – Frequently Asked Questions