Understanding Article 91 UCMJ: Assaulting a Non-Commissioned Officer or Petty Officer Explained
When serving in the military, respect and discipline are foundational pillars that keep the chain of command intact and operations running smoothly. However, when these principles are violated, especially through acts of assault against senior enlisted personnel, the consequences can be severe under military law. One such critical statute is Article 91 of the Uniform Code of Military Justice (UCMJ), which addresses the assault of non-commissioned officers (NCOs) and petty officers.
What is Article 91 of the UCMJ?
Article 91 is a provision within the UCMJ that specifically criminalizes the act of striking, assaulting, or willfully disobeying a non-commissioned officer or petty officer. As explained by military defense attorney Michael Waddington, this article is taken very seriously due to the role NCOs and petty officers play in maintaining discipline and order within the military ranks.
Key Points About Article 91
- Who it Protects: This article protects non-commissioned officers and petty officers — senior enlisted personnel who hold leadership roles below commissioned officers.
- Offenses Covered: The statute covers actions such as striking, assaulting, or otherwise willfully disobeying or disrespecting these individuals.
- Potential Punishments: Violations can result in up to one year of confinement, a dishonorable discharge, and forfeiture of all pay and allowances.
Why is Assaulting an NCO or Petty Officer Taken Seriously?
Non-commissioned officers and petty officers are the backbone of military leadership. They enforce discipline, oversee training, and ensure that orders flow smoothly from commissioned officers to the enlisted ranks. Assaulting or disrespecting these leaders undermines military order and discipline, which can lead to chaos within a unit.
Because of this, the UCMJ imposes strict penalties to deter such conduct and preserve respect for the chain of command. The punishments are not only punitive but also serve as a warning to others within the military community.
Legal Consequences and Defense Considerations
Being charged under Article 91 can have life-altering consequences, including imprisonment and a dishonorable discharge, which can affect future employment, veterans’ benefits, and personal reputation.
If you or a loved one face such charges, it is crucial to seek experienced legal counsel. A seasoned military defense attorney can help navigate the complexities of the UCMJ, build a strong defense, and work toward the best possible outcome.
Additional Insights: The Broader Context of Military Discipline
Article 91 is just one of many articles within the UCMJ designed to maintain military discipline. It reflects the military’s unique need for order and respect that differs from civilian legal systems. Understanding these differences is vital when dealing with military legal issues.
Moreover, the military justice system operates under different rules and procedures, including courts-martial and non-judicial punishments, which require specialized legal expertise.
Conclusion
Assaulting or disrespecting a non-commissioned officer or petty officer is a grave offense under Article 91 of the UCMJ. The military justice system treats such violations with utmost seriousness due to their impact on discipline and order. If you are facing charges related to Article 91, consulting with an experienced military defense attorney is essential to protect your rights and future.
For more information or legal assistance, consider reaching out to professionals who specialize in court martial defense to ensure your case is handled with the expertise it requires.