Art. 87. Missing Movement

Make sure you avoid the bad habit of taking the last bus, train, or plane when returning from leave. Always allow time for unexpected delays. Art. 87. Missing Movement Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct. Provisions of article 87 should be self-explanatory. However, note that the violator, to be found guilty, need not have known the exact hour or even the exact date of the scheduled movement. If a person had knowledge of only the approximate date, the court may convict the absentee on the charge of missing movement. Missing movement is a serious offense in the Navy. It leaves the ship shorthanded and requires someone else to do the absentee’s work and stand the absentee’s watches. Art. 88. Contempt Toward Officials Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of D e f e n s e , t h e S e c r e t a r y o f a m i l i t a r y department, the Secretary of the Treasury, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct. Art. 89. Disrespect Toward Superior Commissioned Officer Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct. A superior commissioned officer is a commissioned officer that is superior in rank or command. Disrespect includes insulting words, insolence, impertinence, undue familiarity or other rudeness, and failing to salute. Art. 90. Assaulting or Willfully Disobeying Superior Commissioned Officer Any person subject to this chapter who (1) strikes his superior commissioned officer 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. An officer is in the “execution of his office” when performing any act the officer is required or authorized to do. Note that the article is not confined to striking a superior commissioned officer; it takes in brandishing a weapon or waving a fist at that officer. Willful disobedience, as used here, means intentional defiance of a lawful order. You must presume that any order given by an officer is legal. If you disobey because you think otherwise, you do so at your own risk. It is better to do your questioning after you have carried out the order. Art. 91. Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer Any warrant officer or enlisted member who (1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in execution of his office; (2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or (3) t r e a t s w i t h c o n t e m p t o r i s disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or 2-24 Student Notes: