UCMJ Article 91: Insubordinate Conduct Toward a Warrant Officer, NCO or Petty Officer

Article 91 applies to warrant officers and enlisted members accused of striking or assaulting, willfully disobeying, or treating a warrant officer, noncommissioned officer, or petty officer with contempt or disrespect. Disrespect or assault involving a superior commissioned officer falls under Article 89; willful disobedience of that officer falls under Article 90.

At Bilecki Law Group, we defend service members from charges of assault or other insubordination towards a Warrant, Noncommissioned, or Petty Officer. We know there is more to your side of the story and we’ll make sure the full story is told.

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How To Fight and Beat Charges Under Article 91 of the UCMJ?

Part of the answer rests right there in the subheading. Namely that you fight. Look, even if you did draw back and gift violence to the chin of a 5 foot 2 inch E-4 who has been talking trash like he was Muhammad Ali since he got that extra stripe, it doesn't mean you have to accept the max punishment. You can fight. The defense still matters, whether we are contesting guilt or fighting for a better sentence.

We can examine whether the noncommissioned officer was the aggressor or whether the alleged conduct occurred in the execution of office. Maybe because the young Corporal still dressed like a “boot” in civvies, you did not know he was an NCO. That knowledge matters. The basic offense does not always require the person to be your superior, although that relationship affects some aggravated forms.

Serious misconduct by the officer can also raise an issue about loss of the protection of the article. It does not literally erase the person’s rank or automatically defeat every possible charge. Self-defense, the lawfulness of an order, and any lesser offense must be examined separately.

Your career, your life, your future does not have to end at the hands of an insecure leader. These are serious charges and spending a single day in the brig for a shoulder bump in the galley is a travesty to justice. If you are facing these charges or are under investigation, give us a call. It might be that you are a family member frantically searching for an option on behalf of your loved one right now and you don’t know military culture. We do as we have served ourselves and we take the fight to the military justice system without reservation.

Reach out to us and we’ll give you a free consultation as to exactly what you are facing. The truth is that there are some leaders who bring contempt and disrespect upon themselves and you or your loved one shouldn’t pay the price for their poor character. Reach out to us and as long as you are willing to fight, so are we. Please don’t assume you’ll evade the max punishment because at the point you find out you are wrong, it’s too late.

What Is Article 91 Of The UCMJ?

Article 91 of the UCMJ exists to provide good order and discipline with regards to behavior shown towards warrant, noncommissioned, and petty officers of the United States Armed Services. These insubordinate behaviors include assault, disobedience, contempt, and disrespect that would then bring about charges under Article 91. See our guide to NJP and Article 15.

While good order and discipline are indeed essential elements for our armed services, the broad application of Article 91 means good men and women in uniform can find themselves afoul of the UCMJ through little to no fault of their own.

If you have ever served in the United States military, you know what a good noncommissioned officer looks like for no other reason than the fact that they stick out amongst all the poor leadership that simultaneously exists in the ranks. It is often a result of this poor and insecure leadership that charges are brought up under Article 91 in the first place.

What Can You Be Charged With Under Article 91?

Article 91 covers three different forms of insubordinate conduct. The prosecution must prove the elements of the charged offense beyond a reasonable doubt. Here is what those elements mean in ordinary language.

Striking or Assaulting a Warrant, Noncommissioned, or Petty Officer

An intentional offensive touching can qualify, however slight, but an accidental shoulder bump is not automatically an assault. The prosecution must prove:

• The accused was a warrant officer or enlisted member.
• The accused struck or assaulted a warrant officer, noncommissioned officer, or petty officer.
• That person was in the execution of office at the time.
• The accused knew that person had the required officer status.

If the government alleges the more serious form involving a superior noncommissioned or petty officer, it must also prove:

• That person was the accused’s superior noncommissioned or petty officer.
• The accused knew of that superior relationship.

Willfully Disobeying a Warrant, Noncommissioned, or Petty Officer

Willful disobedience means intentional defiance of authority. The prosecution must prove:

• The accused was a warrant officer or enlisted member.
• The accused received a lawful order from a warrant officer, noncommissioned officer, or petty officer.
• The accused knew that person had the required officer status.
• The accused had a duty to obey the order.
• The accused willfully disobeyed it.

Contempt or Disrespect Toward a Warrant, Noncommissioned, or Petty Officer

Contempt can include insulting or disdainful conduct. Disrespect is conduct or language that detracts from the respect due the person and authority of the officer. A leader’s hurt feelings do not establish every element of the offense.

The prosecution must prove:

• The accused was a warrant officer or enlisted member.
• The accused did or omitted certain acts or used certain language.
• The conduct or language was directed toward and within sight or hearing of the officer.
• The accused knew the person was a warrant officer, noncommissioned officer, or petty officer.
• The officer was in the execution of office.
• Under the circumstances, the conduct or language treated the officer with contempt or disrespect.

For the aggravated form involving a superior noncommissioned or petty officer, the government must also prove:

• That officer was the accused’s superior noncommissioned or petty officer.
• The accused knew of that relationship.

What’s The Worst That Can Happen If Convicted Under Article 91?

It is entirely possible that Article 91 is one of the most abused and misused articles of the UCMJ because so much is entirely relative to the delicate sensitivities of others. All of a sudden because a particular leader is insecure, a shoulder bump in the crowded galley of a ship becomes “assault.” Not complying with the right speed and spirit becomes disobedience and a couple of Lance Corporals drinking and joking outside of the barracks becomes contempt and disrespect. But an accidental bump, delayed compliance, or a joke is not automatically a conviction. The actual elements still control.

It infuriates us to no end when we see these charges used to cover for poor leadership. Not every leader wearing the stripes rises to the responsibility. When the accusation is being used to punish a junior service member for a leader’s own failure, we intend to expose it. The maximum punishments are serious enough that you cannot afford to dismiss the charge as a personality conflict.

What Is the Punishment for Insubordinate Conduct Under Article 91?

For noncapital general and special courts martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must use the applicable confinement range unless specific facts justify a departure, explained in a written statement. The offense maximum, the forum’s limits, and any binding plea agreement still matter. A category range is not a prediction of your sentence.

Article 91 applies to warrant officers and enlisted members. Reduction to E-1 applies to enlisted members. The authorized punitive separation depends on the offense and the accused’s status: dismissal for a commissioned warrant officer, a dishonorable discharge for an uncommissioned warrant officer, and a dishonorable or bad conduct discharge for an enlisted member where authorized. The offense date, forum, and any plea agreement can further limit the punishment.

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Regardless of which charge you face, these are serious consequences. Even that big chicken dinner discharge can follow you around for the rest of your life. If you are facing one of these charges, fight for the best possible outcome. Do not assume that taking one for the team will protect your career, and do not confuse the maximum punishment with a prediction of your sentence.

Other Punitive Articles

• Article 90: Willful Disobedience of a Superior Commissioned Officer
• Article 92
• Article 102: Forcing A Safeguard
• UCMJ Article on Rape And Sexual Assault Generally
• UCMJ Adultery

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