Article 86 and Article 91 under UCMJ
I am doing an essay on article 86 and 91 of the Uniform Code of Military Justice. Article 86—Absence without leave and Article 91—Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer I will start out with article 91 section 15 text of statute 2 willfully disobeys the lawful order of a warrant officer , non-commissioned officer, or petty officer. In my essay I will give both facts and opinion on the matter of these articles .In fact in of the case article 91 does not apply in the situation that involves me and fellow NCO’s because in article 91 chapter 15 subparagraph 2, I did not willfully disobey an order . In order to disobey an order the first must be given the order and no order given, there was only an implied task, not a verbal order saying to be at a certain place at a certain time. We were told that the first sergeant was coming to check the NCO’s counseling packets; there was no specified time to show up. In order to willfully disobey an order the accused must know the order in the first place. Now in the case of me and other NCO’s were accused of disobeying a noncommissioned officer if you look at article 91 in elements of section 2(B) states that the accused received a certain lawful order from a certain warrant, noncommissioned officer, or petty officer (C) that the accused then knew that the person was a warrant, noncommissioned officer, or petty officer;(D) the accused had a duty to obey the order and the accused willfully disobeyed the order. I in fact just from the statement above I did not willfully disobey an order. I have never been late nor have I intentionally disobeyed an order from a senior noncommissioned officer and the only way I would, is if it were immoral, dishonest or dangerous. And from Article 86 reads “(1) Failure to go to appointed place of duty.(a) That a certain authority appointed a certain time and place of duty for the accused (b) That the accused...
Please join StudyMode to read the full document