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UMCJ Article 92 Questions

What are article 92 punishments?

Article 92 is a term in the military that refers to a soldier whom refuses to follow an order, claims to be unable to follow the order due to a defect, breaks the laws of the military and/or civilian world. Below are the top five questions and answers regarding article 92 punishments, article 92 rights and article 92 general issues. The Experts are an affordable and fast way to get the advice that one may need to handle their questions and concerns about article 92.

How long after an accused person signs a Non Judicial Punishment (NJP) article 92, does the chain of command have to charge before the statute of limitations run out?

The chain of command has 2 years to run the NJP article 92. If the chain of command waits longer than the two years then it will be too late to run the NJP article 92.

If a married soldier commits adultery and is charged with an article 92, what is the best/worst case outcome that he/she will face?

The best case will depend on if they go through with the charges. The commanding officers may just give him/her counseling or if it makes it to a court martial, may be found not guilty. The worst case could be being charged under the court martial and being placed in confinement for one year. On top of the one year confinement, he/she may have to forfeit all pay and allowances, plus a dishonorable discharge under article 134 of the Uniform Code of Military Justice (UCMJ).

If a soldier is on pretrial restriction for an admitted article 92 spice charge, can his/her commanding officer place them on extra duty even though there has been no trial for the article 92 charge?

The soldier needs to tell their defense council about this action. Under the UCMJ, the commander cannot punish the accused prior to trial. The defense council may be able to file a “Suzuki” credit to get him/her full credit for the pre trial punishment.

If a solider is on duty and an assault happens through no fault of their own, can the military charge them with an article 92?

The first step would be to get a defense attorney appointed to the accused solider. He/she will need to prove that they did not indeed violate their assigned duties. The following link may assist further in regards to any questions the soldier may have. http://usmilitary.about.com/od/punitivearticles/a/mcm92.htm. The Experts on JustAnswer are another way to get further advice regarding the matter.

If a soldier is currently trying to get a medical discharge and received a article 92 for oversleeping and being late to formation, still be kept in a regular unit?

The soldier has the right to refuse a NJP (non judicial punishment), and demand a court martial proceeding to determine his/her guilt or innocence. If the soldier is truly innocent then he/she will be acquitted through the court martial proceedings.

Article 92 charges can range from simple things like being late to formation or adultery to more serious charges of drug use and or soldiers not being where they should be during duty. Article 92 punishments range in severity according to the crime in which the soldier was accused of committing. The length of the article 92 punishment and statute of limitations can hamper a soldier’s ability to get an honorable discharge and make a soldiers life more complicated upon release form the military. Although, in most cases it is advisable for the soldier to retain a Judge Advocate General (JAG) lawyer, the Experts can offer fast affordable advice to help clear up the confusion and questions may have concerning article 92 charges.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11990
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Article 92 Questions

  • Recommendation for company grade article 15. I am a specialist in the Army. No prior disci

    Recommendation for company grade article 15. I am a specialist in the Army. No prior disciplinary actions, a couple awards, and a deployment. I have 3 years six months TIS. I am set to ETS in 6 months. I have been read an article 15 for violation of Article 91 of the UCMJ.
    The incident was over my refusal to take part in a detail. My squad leader told me to bring a set of keys to another NCO and I did so. Upon arriving I gave that NCO the keys. He then asked me if I was on the detail with him and I said "no, I'm not on this stupid detail" and he said okay see you later. I then returned to work and was never once asked about the incident or corrected or anything until I was counseled the next day. It said I told the NCO I wouldn't do the detail.
    The only issue I have is no one was present to be a witness. Should I accept Article 15 format and then argue my case or try my luck with an impartial SCM.
    Also I cannot extended for this I am etsing in six months
  • I was recently set up on a date with a friend's soccer team

    I was recently set up on a date with a friend's soccer team mate. We hit it off and went on another couple dates and I came to find out that he is an E6 in the Navy (I'm an O2 in the Coast Guard). Everything I've read about fraternization and O to E relationships seems to center on a violation of the chain of command and good order and discipline. I can't see how continuing to date him would upset good order and discipline, as we will never be in the same chain of command ever. I can't find any definitive guidance on the subject, so any advice you have would be greatly appreciated.
  • how long is the statue of lmitations on plagiarism and can

    how long is the statue of lmitations on plagiarism and can someone be penalized under UCMJ for plagiarism
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