The Elements of Article 91

The Elements of Article 91

Article 91—Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
a. Text of statute. Any warrant officer or enlisted member who—
(1) strikes or assaults a warrant officer, noncommissioned
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.
Part IV, Chapter 15, Para A, Page IV-21

Elements. Treating with contempt, or being disrespectful in language or deportment (conduct) toward a warrant, noncommissioned, or petty officer

An individual can be accused of violating this article if he was a warrant officer or enlisted member, did or omitted certain acts, or used certain language, exhibited certain behavior or used language toward AND within sight OR hearing of a certain warrant, noncommissioned, or petty officer, knew that the person toward whom the behavior or language was directed was a warrant, noncommissioned, or petty officer, that the victim was then in the execution of office; AND, that under the circumstances the accused, by such behavior or language, treated with contempt or was disrespectful to said warrant, noncommissioned, or petty officer. So what does this mean in laymen’s terms? If a soldier were to “roll” his eyes, mumble under his breath as he walks away, or have a facial expression as if to say “whatever”, he could be (at the discretion) of the warrant, noncommissioned, or petty officer, be in violation of Article 91. For example, On 5 February 2004, SPC Sheldon Barnes was charged with two counts of violating Article 91. In the first count, he was accused of on or about 9 September 2003, did, at or near LSA Anaconda, Iraq,...

Similar Essays