Disobeying a lawful order ucmj

• [PDF File]UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS ...

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  proven in the Article 92, UCMJ offense of disobeying a lawful general order.4 And disobedience of a lawful general order requires proof of the existence of the lawful general order violated, an element not required to be proven in the Article 121, UCMJ offense of wrongful appropriation.

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• [PDF File]In the United States Court of Federal Claims

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  the punishment of reduction in rank for disobeying a lawful order, on December 15, 2000 the AFBCMR denied plaintiff’s request stating that “[r]econsideration is authorized only where newly discovered relevant evidence is presented which was not available when the application was submitted. The reiteration of facts previously addressed by ...

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• [PDF File]Summarized Report of Results of Trial

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  pleas, of two specifications of absence without leave, one specification of disobeying a commissioned officer, one specification of disobeying a general regulation, and one specification of wrongfully using a controlled substance in violation of Articles 86, 90, 92, and 112a, UCMJ. The military judge sentenced the accused to be reduced to the

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• [PDF File]Who Decides Under §540F? UCMJ Offense / Maximum Authorized ...

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  Commander Authority to Administer the UCMJ is Required for an Effective U.S. Military APPENDIX – §540F Application to Selected UCMJ Offenses =Has authority under §540F Who Decides Under §540F? X=Lacks authority under §540F Maximum Authorized Punishment Includes Confinement £1yr = Commander Authority

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• [PDF File]A PUBLICATION FOR JOINT BASE SAN ANTONIO CRIME AND PUNISHMENT

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  disobeying a lawful order in violation of Article 92, UCMJ, as well as one specification of wrongful use of marijuana and one specification of wrongful use of cocaine, both in viola-tion of Article 112a, UCMJ. The military judge sentenced SrA GS to 14 days confine-ment, a reduction to E-1 and a Bad Conduct Discharge. US v SSgt TPE, HQ AETC,

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• [PDF File]UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS UNITED ...

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  UCMJ, 10 U.S.C. § 934; one specification of failing to obey a lawful order in violation of Article 92, UCMJ, 10 U.S.C. §892 ; and one specification of physi-cally controlling a vehicle while drunk in violation of Article 111, UCMJ, 10 U.S.C. § 911. Pursuant to the PTA, the remaining charges and specifications

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• [PDF File]Summarized Report of Results of Trial First Judicial Circuit

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  to his pleas, of one specification of disobeying a lawful order and one specification of assault consummated by a battery in violation of Articles 92 and 128, UCMJ. The accused was acquitted of one specification of aggravated assault in violation of Article 128, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-

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• Summarized Report of Results of Trial

  was found guilty of one specification of willfully disobeying a lawful order in violation of Article 92, UCMJ. The accused was acquitted of one specification of one specification of making an official false statement, one specification of sexual assault, and one specification of obstructing justice in violation of Articles 107, 120, and 131b, UCMJ.

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• [PDF File]IN THE CASE OF

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  disobeying a lawful order given by a superior commissioned officer, in violation of Article 90, Uniform Code of Military Justice (UCMJ), 10 USC § 890. He was sentenced to a bad-conduct discharge and confinement for two months. The convening authority approved these results, and the Court of Criminal Appeals affirmed. 54 MJ 936 (2001).

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• [PDF File]Final Decision in BCMR Docket No. 2016-170 p. 2

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  UCMJ Article 92 – Failure to Obey Other Lawful Order The charge states, “In that [the applicant], USCG, having knowledge of the lawful order issued by Captain [B], United States Coast Guard, to wit: paragraph 7, Patrol Forces…Instruction 1050.2, dated 2 February 2011, an order which was his duty to obey did, on active duty…fail to

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• [PDF File]Headquarters, Department of the

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  violation of article 87 and disobeying a lawful order in violation of article 92(2). There were no cases requiring actual knowledge for article 86(1) violations. The only case discussed in the Analysis that pertained to a violation of article 86(1) was the Gilbert case, in which the board approved proof of knowledge by “actual or

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• [PDF File]PER CURIAM: At a special court-martial composed of officer ...

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  guilty, in accordance with his pleas, of willfully disobeying a lawful order, dereliction of duty, and driving a motor vehicle while drunk, in violation of Articles 90, 92, and 111, UCMJ, 10 U.S.C. §§ 890, 892, 911. The court sentenced him to a bad-conduct discharge and reduction to E-1. The convening authority approved the sentence as adjudged.

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• APPENDIX 2 UNIFORM CODE OF MILITARY JUSTICE Effective ...

  UNIFORM CODE OF MILITARY JUSTICE Effective December 20, 2019 Includes Updates From FY 18, 19, and 20 NDAA . A2-1 . CHAPTER 47. UNIFORM CODE OF MILITARY JUSTICE . Subchapter I. General Provisions. Sec. 801 Art. 1 II. Apprehension and Restraint. 807 7 III. Non-Judicial Punishment. 815 15 IV. Court-Martial Jurisdiction. 816 16 V. Composition of ...

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• [PDF File]Results of US Court-Martials for January 2016

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  failure to go to formation (Article 86, UCMJ), and two specifications of disobeying a lawful general order or regulation (Article 92). He was sentenced to forfeit $1,044.00 and to be confined for 30 days. Results of ROK Criminal Prosecutions for January 2016 In Uijeongbu District Court, on 7 January 2016, SPC Myeshia M. Hendrix, 618th Dental

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• Summarized Report of Results of Trial

  to his plea, of one specification of disobeying a lawful general regulation in violation of Article 92, UCMJ. Contrary to his pleas, the accused was convicted by a military judge of two specifications of abusive sexual contact in violation of Article 120, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1 and to be

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• [PDF File]UNITED STATES, Appellee

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  for violating Article 90, UCMJ, and whether GySgt F’s order was a lawful order as required by Article 91, UCMJ.1 For the reasons given below, we affirm the decision of the CCA, except with respect to the finding of guilty to Charge I, willfully disobeying a superior commissioned officer. As to that offense,

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• [PDF File]LIFELines DetailLeft Page 1 of 3

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  Article 90 of the UCMJ says all orders are presumed to be lawful, and disobedience is at your own risk: "An order requiring the performance of a military duty or act may be inferred to be lawful, and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the

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• Edmund Pries disobey unlawful commands is normally ...

  "having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order" (Article 92(2)).11 The repetitive reference to a "lawful" order or command is not an accident but rather emphasizes the military's concern that only lawful orders must be followed and that orders must be lawful.

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