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

forth does not apply in the following cases: if in the
absence of the order or regulation which was violated
or not obeyed the accused would on the same
facts be subject to conviction for another specific
offense for which a lesser punishment is prescribed;
or if the violation or failure to obey is a breach of
restraint imposed as a result of an order. In these
instances, the maximum punishment is that specific
a l l y p r e s c r i b e d e l s e w h e r e f o r t h a t p a r t i c u l a r
offense.]
(3) Dereliction in the performance of duties.
(A) Through neglect or culpable inefficiency.
Forfeiture of two-thirds pay per month for 3 months
and confinement for 3 months.
(B) Willful. Bad-conduct discharge, forfeiture
of all pay and allowances, and confinement for 6
months.
f. Sample specifications.
(1) Violation or failure to obey lawful general
order or regulation.
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 , (violate) (fail to obey)
a lawful general (order) (regulation), to wit: (paragraph
, (Army) (Air Force) Regulat
i o n , d a t e d 2 0 )
( A r t i c l e , U . S . N a v y R e g u l a t i o n s ,
d a t e d 2 0 ) ( G e n e r a l O r -
d e r N o . , U . S . N a v y ,
d a t e d 2 0 ) ( ) , b y
(wrongfully) .
(2) Violation or failure to obey other lawful written
order.
In that (personal jurisdiction data),
h a v i n g k n o w l e d g e o f a l a w f u l o r d e r i s s u e d
b y , t o w i t : ( p a r a g r a p h ,
( t h e C o m b a t G r o u p R e g u l a t i o n
N o . ) ( U S S ,
R e g u l a t i o n t i o n ) , d a t e d )
( ), an order which it was his/her duty to
obey, did, (at/on board—location) (subject-matter jur
i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , fail to obey
the same by (wrongfully) .
(3) Failure to obey other lawful order.
In that , (personal jurisdiction data)
h a v i n g k n o w l e d g e o f a l a w f u l o r d e r i s s u e d
b y ( t o s u b m i t t o c e r t a i n m e d i c a l t r e a t -
17.c.(2)
m e n t ) ( t o ) ( n o t t o )
( ), an order which it was his/her duty to
obey, did (at/on board—location) (subject-matter jur
i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , fail to obey the
same (by (wrongfully) .)
(4) Dereliction in the performance of duties.
In that , (personal jurisdiction data),
who (knew) (should have known) of his/her dut
i e s ( a t / o n b o a r d — l o c a t i o n ) ( s u b j e c t - m a t t e r
j u r i s d i c t 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 ) ( f r o m
a b o u t 2 0 t o
a b o u t 2 0 ) , w a s d e r e l i c t i n t h e
p e r f o r m a n c e o f t h o s e d u t i e s i n t h a t h e / s h e
( n e g l i g e n t l y ) ( w i l l f u l l y ) ( b y c u l p a b l e i n e f f i c i e n c y )
failed , as it was his/her duty to do.
17. Article 93—Cruelty and maltreatment
a. Text of statute.
A n y p e r s o n s u b j e c t t o t h i s c h a p t e r w h o i s
g u i l t y o f c r u e l t y t o w a r d , o r o p p r e s s i o n o r
maltreatment of, any person subject to his orders
shall be punished as a court-martial may direct.
b. Elements.
(1) That a certain person was subject to the orders
of the accused; and
(2) That the accused was cruel toward, or oppressed,
or maltreated that person.
c. Explanation.
(1) Nature of victim. “Any person subject to his
orders” means not only those persons under the direct
or immediate command of the accused but extends
to all persons, subject to the code or not, who
by reason of some duty are required to obey the
lawful orders of the accused, regardless whether the
accused is in the direct chain of command over the
person.
( 2 ) N a t u r e o f a c t . T h e c r u e l t y , o p p r e s s i o n , o r
m a l t r e a t m e n t , a l t h o u g h n o t n e c e s s a r i l y p h y s i c a l ,
must be measured by an objective standard. Assault,
improper punishment, and sexual harassment may
constitute this offense. Sexual harassment includes
influencing, offering to influence, or threatening the
career, pay, or job of another person in exchange for
sexual favors, and deliberate or repeated offensive
comments or gestures of a sexual nature. The imposition
of necessary or proper duties and the exaction
of their performance does not constitute this offense
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