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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: 11862
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent Article 92 Questions

  • 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
  • Good evening. I was wondering that a chain of command is allowed

    Good evening. I was wondering that a chain of command is allowed to make you print your bank statements to show that im supporting my wife. It started woth mis communication with my wife and I. So I went to jag. They told me it was a civil matter and talk to an attorney. My squad proceeded in asking me for my wife's number. They called her and she told them that she was cashing a check. That's when they told me if im supporting my wife. I told them yes but they wanted proof. So doing what I was told I printed out the statement in the office and they proceed to taunt me because of my transactions and gave me an article 92 which im not allow to contact my family. Is this legal at all and what steps can I take
  • Hi, Im a 31 yr old E-4 Sailor stationed at TSC Great Lakes,

    Hi,
    I'm a 31 yr old E-4 Sailor stationed at TSC Great Lakes, IL.
    On June, 24, I was sent to Disciplinary Review Board on-the-spot for article 92: Driving on base without authorization (Command policy for students). I admitted the offense to them freely.
    One week later I signed a "legal hold" acknowledgement/report chit that I was going to be placed on legal hold for the above offense.
    I followed up with chain of command on July 15 about my status of my DRB. I was informed that Legal Investigations have never heard of me and had no info. on my offense, and that i was not on legal hold.
    July 16, I am sent back to A School to choose my orders for C School.
    Today, I cleared from Medical/Dental, and I am 9 days away from reporting to my next command C School. Although I had intended to transfer in 4 days, I was notified today by Legal Investigations that as of today I am now on legal hold for the above offense.
    I need help with this. Can they actually prevent me from transferring/revoking my orders for a minor infraction (most of which they normally assign 7-14 days barracks restriction if they decide to punish at OIC mast).
    Do I have any rights to due process? Many many sailors have only waited at the longest 2 weeks until they go to OIC mast.
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