Nathan L. McCutcheon
DERELICTION OF DUTYS
Dereliction of duty is a specific offense under United States Code Title 10,892. Article92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties (or follow a given order) or has incapacitated himself in such a way that he can not perform his duties. Such incapacitation includes the person falling asleep while on duty requiring wakefulness, his getting drunk or otherwise intoxicated and consequently being unable to perform his duties, or his vacating his post contrary to regulations.
Any person serving in the Armed Forces of America, is guilty of violating this article if they, through any means that can be prevented, disobey any order given by a superior, as long as that order is not itself illegal.
Simply put this means that Any person serving in the armed forces:being active, reserve, in a DEP program, deployed on shore or infintry. Regardless of rank rate or posission can be affected by this artice.Through any means that can be prevented: Meaning that if there was any way the servicemember had any reasonable way to prevent the order from not happaning, and did not, are guily of the article.As long as the order is not illegal in its own:Any order that, if carried out, would result in a disobeyal of any of the other UCMJ articles, is illegal. Any order that the superior does not have the authority to give, is illegal.
The first incedent of article 92 dereliction of duty was 4 March 1945 two United States Army Air Force Luitenets, veared off course in the flight pans, there original orders were to bomb the town of Freiburg Germany. The pilot and his navigator few about 300 kiometers off course to the city of Zurich Switzerland, a neutral country, and the pilot and navigator along with the other five USAAF B-24H bombers droped a twelve in a half ton pay load of high explosives and a tweve ton pay loadofincendiarie...
Please join StudyMode to read the full document