Willfully disobeying a superior commissioned officer

persons are on or off base, or on or off duty. An officer of an armed force acting

to terminate disorder among subordinates of his force because of the deleterious

effects the disorder might have upon the discipline or the credit of his service is

discharging a military function." U.S. V. NELSON, 38 MCR 418 (CMA, 1968).

The definition of "disrespect" under Article 91 is the same as under Article 89.

In U.S. V. RICHARDSON, 6 MCR 88 (CMA, 1952), the accused was arguing with another

soldier at the MP station. When told by an MP sergeant to be quiet, the accused

replied, "sergeant, well, if you don't like it, I'll take you in the back room and

fight you too." The court held that "threatening language to a military superior

(such as this offer to fight) is per se disrespect."

QUESTION:

CAN ONE LOSE HIS/HER STATUS AS A SUPERIOR?

ANSWER: YES.

NONCOMMISSIONED OFFICER WHOSE OWN LANGUAGE OR CONDUCT, UNDER ALL THE

CIRCUMSTANCES, DEPARTS SUBSTANTIALLY FROM THE REQUIRED STANDARDS

APPROPRIATE TO HIS RANK AND POSITION, UNDER THE SAME OR SIMILAR

CIRCUMSTANCES, IS DEEMED TO HAVE ABANDONED THAT RANK AND POSITION."

U.S. V. MCDANIEL, 7 MJ 522 (ACMR, 1979). A SUPERIOR, THEN, CAN ABANDON

HIS RANK AND POSITION OF AUTHORITY "BY HIS OWN MISCONDUCT."

U.S. V.

RICHARDSON, 7MJ 320 (CMA, 1979).

THIS IS A HIGH STANDARD TO MEET,

HOWEVER, AND REQUIRES MORE THAN JUST POOR JUDGEMENT OR EVEN

INCOMPETENCY. U.S. V. PRATCHER, 14 MJ 819 (ACMR, 1982). PHYSICAL AND

VERBAL ABUSE ARE EXAMPLE OF WHAT MIGHT QUALIFY. U.S. V. GARRETSON, 42

CMR 472 (ACMR, 1969).

BY STEPPING OUT OF CHARACTER, THEN, ONE MAY

DIVEST HIMSELF "OF THAT CLOAK OF AUTHORITY, RESPECT, AND DIFFERENCE DUE

HIM." U.S. V. REVELS, 41 CMR 475 (ACMR, 1969).

One's own misconduct, then, may cost him his official position.

U.S. v. Cheeks, 43 CMR 1013 (AFCMR, 1971), a conviction for disrespect was reversed

since the victim had referred to the defendant as "Airman Shits." This was found

to be an abandonment of the NCO's status. The same thing can happen to an officer.

This is what happened in U.S. v. Struckman, 43 CMR 333 (CMR, 1971).

The accused

said he wanted to see the Marine Corps on its back.

The commander replied, "I

represent the Marine Corps. Let me see you put me flat on my back." The accused

did so.

The victim was deemed to have abandoned his status.

Due to the

commander's abandonment of his superior position, the accused wasn't guilty of the

assault upon a superior commissioned officer.

However, he is still guilty of

assault consummated by a battery for punching his commander in the face, because

the victim's status is not an element of that offense.

Willfully disobeying a superior commissioned officer (Article 90).

The

elements here are simple: (a) The accused received a lawful command from a certain

commissioned officer; (b) the officer was the superior commissioned officer of the

accused; (c) the accused knew the victim's status; and (d) the accused willfully

disobeyed the order.

MP1018

1-6