Punitive Articles of the Ucmj Article 89

Punitive Articles of the UCMJ Article 89—Disrespect toward a superior commissioned officer

Text.

“Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.”

Context.

(1) That the accused did or omitted certain acts or used certain language to or concerning a certain commissioned officer; (2) That such behavior or language was directed toward that officer; (3) That the officer toward whom the acts, omissions, or words were directed was the superior commissioned officer of the accused; (4) That the accused then knew that the commissioned officer toward whom the acts, omissions, or words were directed was the accused’s superior commissioned officer; and (5) That, under the circumstances, the behavior or language was disrespectful to that commissioned officer.

Explanation.

(1) Superior commissioned officer.

(a) Accused and victim in same armed force. If the accused and the victim are in the same armed force, the victim is a “superior commissioned officer” of the accused when either superior in rank or command to the accused; however, the victim is not a “superior commissioned officer “of the accused if the victim is inferior in command, even though superior in rank.

(b) Accused and victim in different armed forces. If the accused and the victim are in different armed forces, the victim is a “superior commissioned officer” of the accused when the victim is a commissioned officer and superior in the chain of command over the accused or when the victim, not a medical officer or a chaplain,