UCMJ Article 91 Insubordinate Conduct Lawyer

UCMJ Article 91 Insubordinate Conduct Attorney

Article 91 of the Uniform Code of Military Justice (UCMJ Article 91) involves the insubordinate conduct of a warrant officer or enlisted officer toward a fellow warrant officer, noncommissioned officer, or petty officer. This is a serious charge that involves directly assaulting or disobeying an officer. Luckily, a UCMJ Article 91 insubordinate conduct lawyer can help you challenge these charges during a court-martial.

About Aaron Meyer Law

When you are facing a court-martial, you have the right to a military defense attorney. Aaron Meyer Law offers protection to the loyal soldiers, sailors, airmen, and marines who serve the United States. Aaron Meyer’s time as a Marine Officer and Judge Advocate (JAG) gave him the experience and knowledge he now uses to guide military personnel through insubordinate conduct charges and more.

What Is UCMJ Article 91?

UCMJ Article 91 applies to warrant officers and enlisted officers in the U.S. military. Some of the ranks that fall into this category include privates, sergeants, and corporals. These officers can be court-martialed under UCMJ Article 91 for insubordinate conduct. Insubordinate conduct is defined as one of three actions:

• The charged officer assaults a warrant officer/petty officer/noncommissioned officer (NCO) while that officer is performing their duties.
• The charged officer willfully disobeys a lawful order from a warrant officer/petty officer/NCO.
• The charged officer treats a warrant officer/petty officer/NCO with contempt or disrespect while that officer is performing their duties.

The Judge Advocate General reported 709 courts-martial in 2023. Article 91 is just one of a multitude of charges that make up these cases. However, just because a charge can lead to a court-martial does not make court-martial the automatic option.

Article 15 for Insubordinate Conduct

Rather than court-martial misdemeanor offenses, military commanders may instead choose a different form of administrative action. These are still serious charges that can end a military career, but each action is less serious than a court-martial.

One of the most important administrative actions available to military commanders is Article 15. Article 15 is better known as Captain’s Mast in the U.S. Navy, but both refer to the same process. This is a nonjudicial form of punishment that bypasses a traditional court-martial.

Accepting an Article 15 allows your commanding officer to decide your guilt and the appropriate punishment. It does not equal an admission of guilt. As such, it does not end in a criminal record. You are, however, allowed to challenge an Article 15 and demand a court-martial.

You can always consult with a UCMJ Article 91 insubordinate conduct attorney, but your rights and potential maximum sentences from an Article 15 depend on the type of Article 15 your commander files. There are three types of Article 15s with different restrictions and requirements from the commanding officer.

Summarized Article 15

While you can still ask for a court-martial rather than accept a summarized Article 15, you are not entitled to a defense attorney. That does not prevent you from hiring one, however. The maximum punishments for a summarized Article 15 include:

• 14 days of extra duty
• Restriction for 14 days
• Oral reprimand

Company Grade Article 15

The maximum punishment for a company grade Article 15 is harsher than a summarized Article 15. If you accept this type of Article 15, you may be charged with:

• 14 extra duty days
• Restriction for 14 days
• Oral reprimand
• A fine equal to seven days of base pay
• Reduction in rank of one grade (E-4 and lower only)

Field Grade Article 15

A field grade Article 15 can only be filed by a commander with the rank of major or higher. This is the most severe Article 15. The maximum punishments for a field grade Article 15 include:

• Correctional custody of not more than 30 days
• A fine of up to 15 days’ pay per month for two months
• Extra duties, including fatigue or other duties, for up to 45 consecutive days
• Restrictions to certain specified limits, with or without suspension from duty, for up to 60 consecutive days
• Oral or written reprimand

Insubordinate conduct can be punished by other administrative actions instead. You may receive a General Officer Memorandum of Reprimand, or a GOMOR. GOMORs are written reprimands by your commander highlighting the laws and policies of the UCMJ Article that they find you guilty of.

UCMJ Article 91 Courts-Martial

If you decide to reject an Article 15 or similar administrative action, your commander will prepare for a court-martial. As Article 91 is typically considered a minor offense, the court-martial will likely be a summary court-martial. JAG reported 34 Navy summary courts-martial in 2023, showcasing how uncommon it is for an insubordinate conduct case to reach military courtrooms.

A summary court-martial is streamlined and efficient compared to other courts-martial. The goal is to quickly process minor infractions. While you do not have the right to a lawyer in a summary court-martial, you can still hire a civilian defense lawyer to represent you. You may also consult with a military attorney who works with the Trial Defense Services to understand your rights.

A summary court-martial officer judges your case. They can review evidence presented at the court-martial and listen to called witnesses.

If you are found guilty of insubordinate conduct in a summary court-martial, the summary court-martial officer can bestow one of a number of maximum sentences:

• Confinement for one month or less
• Hard labor without confinement for 45 days or less
• Restriction for two months or less
• Forfeiture of 2/3 pay per month for one month or less
• Reduction to the lowest enlisted rank (maximum of one grade for E5 and above).

Hire an Insubordinate Conduct Lawyer Today

Article 91s and courts-martial threaten your military standing and career. That’s why it is so important to hire an insubordinate conduct lawyer to guide your case. Aaron Meyer Law can help you feel understood and supported as you navigate your charge. Contact us today and see how we can protect your rights as a member of the United States military.