2008 edition - Fort Sam Houston - U.S. Army

14.c.(2)(b)
must be directed specifically to the subordinate. Violations
of regulations, standing orders or directives,
or failure to perform previously established duties
are not punishable under this article, but may violate
Article 92.
(c) Form and transmission of the order. As
long as the order is understandable, the form of the
order is immaterial, as is the method by which it is
transmitted to the accused.
(d) Specificity of the order. The order must be
a specific mandate to do or not to do a specific act.
An exhortation to “obey the law” or to perform
o n e ’ s m i l i t a r y d u t y d o e s n o t c o n s t i t u t e a n o r d e r
under this article.
(e) Knowledge. The accused must have actual
knowledge of the order and of the fact that the
person issuing the order was the accused’s superior
c o m m i s s i o n e d o f f i c e r . A c t u a l k n o w l e d g e m a y b e
proved by circumstantial evidence.
(f) Nature of the disobedience. “Willful disobedience”
is an intentional defiance of authority. Failure
to comply with an order through heedlessness,
remissness, or forgetfulness is not a violation of this
article but may violate Article 92.
(g) Time for compliance. When an order requires
immediate compliance, an accused’s declared
intent not to obey and the failure to make any move
to comply constitutes disobedience. If an order does
not indicate the time within which it is to be complied
with, either expressly or by implication, then a
reasonable delay in compliance does not violate this
article. If an order requires performance in the future,
an accused’s present statement of intention to
disobey the order does not constitute disobedience of
that order, although carrying out that intention may.
( 3 ) C i v i l i a n s a n d d i s c h a r g e d p r i s o n e r s . A d i s -
charged prisoner or other civilian subject to military
law (see Article 2) and under the command of a
commissioned officer is subject to the provisions of
this article.
d. Lesser included offenses.
(1) Striking superior commissioned officer in execution
of office.
(a) Article 90—drawing or lifting up a weapon
or offering violence to superior commissioned officer
in execution of office
(b) Article 128—assault; assault consummated
by a battery; assault with a dangerous weapon
IV-20
( c ) A r t i c l e 1 2 8 — a s s a u l t o r a s s a u l t c o n s u m -
mated by a battery upon commissioned officer not in
the execution of office
(d) Article 80—attempts
(2) Drawing or lifting up a weapon or offering
violence to superior commissioned officer in execution
of office.
( a ) A r t i c l e 1 2 8 — a s s a u l t , a s s a u l t w i t h d a n -
gerous weapon
(b) Article 128—assault upon a commissioned
officer not in the execution of office
(c) Article 80—attempts
(3) Willfully disobeying lawful order of superior
commissioned officer.
(a) Article 92—failure to obey lawful order
(b) Article 89—disrespect to superior commissioned
officer
(c) Article 80—attempts
e. Maximum punishment.
(1) Striking, drawing, or lifting up any weapon or
offering any violence to superior commissioned offic
e r i n t h e e x e c u t i o n o f o f f i c e . D i s h o n o r a b l e d i s -
charge, forfeiture of all pay and allowances, and
confinement for 10 years.
(2) Willfully disobeying a lawful order of superior
commissioned officer. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement
for 5 years.
(3) In time of war. Death or such other punishment
as a court-martial may direct.
f. Sample specifications.
(1) Striking superior commissioned officer.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
a b o u t 2 0 , ( a t i m e o f w a r )
s t r i k e , h i s / h e r s u p e r i o r c o m m i s s i o n e d
officer, then known by the said to be
his/her superior commissioned officer, who was then
i n t h e e x e c u t i o n o f h i s / h e r o f f i c e , ( i n ) ( o n )
the with (a) (his/her) .
(2) Drawing or lifting up a weapon against superior
commissioned officer.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , (a time of war) (draw)
l i f t u p ) a w e a p o n , t o w i t : a ,