Usmj 91 Compliance Summary of United States

Usmj 91 Compliance

Summary of United States Marine Corps Article

United States Marine Corps Article 91 covers the issue of insubordination of superior officers. More specifically, it reads as follows:

"Any warrant officer or enlisted member who

(1) strikes or assaults a warrant officer, non-commissioned officer, or petty officer, while that officer is in the execution of his office;

(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office; shall be punished as a court-martial may direct"

(USMC, 2013).

Purpose of Article

The obvious purpose of Article 91 is to ensure that enlisted personnel exhibit appropriate respect for their superior officers; that they always follow their orders; and that they never physically assault or hit a superior officer under any circumstances. According to the Article, there are several qualifiers intended to prevent unintentional violations of its provisions. For example, it requires that the offending individual know that the victim is a warrant officer, non-commissioned officer, or petty officer; and it requires the superior officer is acting in his superior capacity ("in the execution of office") at the time . With respect to violations pertaining to willfully disobedience; it also requires that the order issued is a lawful order (USMC, 2013).

Understanding the Elements of Article 91 and Avoiding Article 91 Violations

Article 91 violations come in three varieties: (1) actually striking or assaulting the superior officer; (2) disobeying a lawful order; and (3) acting or speaking disrespectfully toward a superior officer (USMC, 2013). To avoid being charged under Article 91, the enlisted individual must never hit or otherwise physically assault (i.e. push or physically restrain, etc.) a warrant officer, non-commissioned officer, or petty officer; the enlisted individual must never disobey any order issued by a warrant officer, non-commissioned officer, or petty officer unless he is certain that the order is unlawful; and he must never directly address or speak about a warrant officer, non-commissioned officer, or petty officer disrespectfully anytime that superior officer is close enough to hear the statement. While all of those violations require that the superior officer be acting "in the execution of office" at the time, it would obviously be wise to avoid all of those types of conduct at all times, especially toward any superior officer.

Penalties of Violating Article 91