What is Authority? It is the right to exercise power..to implement and enforce lawful order and rules. Defintion of Insubordinate implies failure or refusal to recognize or submit to the authority of a superior: was fired for being insubordinate.
Military Offenses : ALL authority can be traced to the punitive articles of the UCMJ. What is disrespect? Behavior that detracts from good order and discipline, Name-calling, refusal to salute, marked disdain Insolence, undue familiarity, other rudeness.
Disrespect of Superior Commissioned Officer: [Art. 89 UCMJ] When is victim “superior” to accused? Same armed force? Must be superior AND in chain of command!
Disrespect of Superior Commissioned Officer [Art. 89 UCMJ] Do truthful, remarks violate this UCMJ offense? The answer is yes. Truth is no defense. Even if the “victim” is not present when the remarks were make, it is not needed to be present.
Disrespect of Superior Commissioned Officer [Art. 89 UCMJ] Is “victim’s” behavior always irrelevant? NO, victim can lose protected “status” .
Insubordinate Conduct Toward a Noncommissioned Officer [Art. 91 UCMJ] is a warrant officer or enlisted member. Acts of certain language toward or within the sight or hearing of the officer. The behavior or language must be disrepectful.
Disrespect to Officer VERSUS, Disrespect to NCO The commissioned officer cannot be found guilty of disrespect to NCO, disrespect to NCO does not require that the “victim” be accused’s superior (required in article 89)
· Disrespect to NCO requires that disrespectful behavior or language be within the sight or hearing of the “victim” (not true for officers, Article 89)
Disobedience of Superior Commissioned Officer [Art. 90, UCMJ]
· Accused received lawful command from a certain commissioned officer [“victim”]
· “Victim” was superior commissioned officer of accused
· Accused willfully disobeyed order