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16. Article 92—Failure to obey order or regulation a. Text of statute. Any person subject to this chapter who— (1) violates or fails to obey any lawful general order or regulation;...
5 Αυγ 2019 · The punishment for dereliction in performing duties through neglect or culpable inefficiency resulting in death or grievous bodily harm includes a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 18 months.
Article 92 of the Uniform Code of Military Justice (UCMJ) covers failure to obey orders or regulations and includes three types of offenses: (1) violating or failing to obey lawful general orders or regulations; (2) failing to obey other lawful orders; and (3) dereliction of duty.
(1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or. (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.
Failure to Obey an Order or Regulation is a violation Article 92 of the Uniform Code of Military Justice (UCMJ). The U.S. military considers it a dereliction of duty when soldiers are unable or unwilling to perform the job assigned to military personnel. Article 92 UCMJ Maximum Punishment is listed below.
Hayes, 71 M.J. 112 (the elements of Article 92(3), UCMJ, dereliction of duty, are as follows: (1) that the accused had certain duties, (2) that the accused knew or reasonably should have known of the duties, and (3) that the accused was willfully, or through neglect or culpable inefficiency, derelict in the performance of those duties).
Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties (or follow a given order) or has incapacitated himself in such a way that he cannot perform his duties.
