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Disrespect Articles of Ucmj

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Punishable Articles Related to Disrespect Article 89—Disrespect toward a superior commissioned officer (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. Disrespectful …show more content…

As used in this article, “provoking” and “reproachful” describe those words or gestures which are used in the presence of the person to whom they are directed and which a reasonable person would expect to induce a breach of the peace under the circumstances. These words and gestures do not include reprimands, censures, re-proofs and the like which may properly be administered in the interests of training, efficiency, or discipline in the armed forces. Maximum punishment. Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months. Article 90—Assaulting or willfully disobeying superior commissioned officer (1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or (2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.” Disobeying superior commissioned officer. An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate. This

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