UCMJ – United States Code of Military Justice

890. ARTICLE 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.

10. Punitive Articles

Any person subject to this chapter who–

(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 officer; 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.


9 Comments for this entry

  • Will

    As regards to Paragraph 2:

    It states “disobeys a lawful command”. If a superior issues a command which is not lawful and/or in contradiction to the UCMJ, Federal Law, or above all The Constitution of the United States said person is OBLIGATED to not obey.

    • Joe

      Where is the obligation stated? I’m looking for it and I distinctly remember hearing, reading, and reciting that I as a United States Airman am obligated to disobey an unlawful order. I don’t see it on here or any other military site to include the Code of Conduct

  • Michael Bleacher

    There is a typo above in 890. ARTICLE 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.

    It says, “(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 officer”

    The last word “Officer” should be “Office”

  • Albert

    Can a warrant officer be in command of a commissioned officer?

    • Matt Damon

      No, never

    • MP178

      No they will not be in direct command of an officer simply based on the rank structure. However, a smart junior officer will always listen to their Warrant Officers and senior NCOs. Senior officers will often take a warrant officer’s opinion very seriously when making command decisions – they are the specialist.

    • Robert

      Yes, a warrant officer can be in command over a commissioned officer. (Army Only, I don’t know any other branches)

      A recent ALARACT authorized CW2 and CW3 into 03 (Captain) positions, to include Company Commands. Because this is a Command position, the Warrant Officer has command over all within the unit (company). Within a company, there will be platoons, with platoon leaders (usually O-1, sometimes O-2).

  • David

    During the Vietnam era, someone I knew (who was an ensign at the time)”shoved” his XO on the bridge during the course of an argument. When I met him years later he blew off the incident as if there had been no consequences, although he did casually tell me that he was released from the Navy after only one year’s service, as part of a general “cutback” of “excess” officers (during wartime?).

    My understanding is that the penalties would have been much more severe than a mere reprimand. In actuality, how likely would the scenario he related have been? Any clarification would be appreciated.

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