What regulation covers disrespect towards a NCO?

SGT Private RallyPoint Member — Sun, 11 Jul 2021 19:07:45 -0400

I've been doing some thinking about what a Soldier of mine told a LT the other day. He said it's in the regulation where a NCO can deem anything disrespectful. I've been searching everywhere looking for that regulation.

Response by 1SG Private RallyPoint Member made Jul 11 at 2021 7:42 PM

1SG Private RallyPoint Member — Sun, 11 Jul 2021 19:42:35 -0400

I would point you more toward the UCMJ specifically ART 91. And yes it is a little vague because what you consider disrespectful and what I consider disrespectful may be different. What matters if I can convince the commander that it warrants UCMJ.

891. 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 the execution of his office;
(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;
shall be punished as a court-martial may direct.

Response by MSG Gary Eckert made Jul 11 at 2021 7:47 PM

MSG Gary Eckert — Sun, 11 Jul 2021 19:47:47 -0400

To an extent that is true. It is not only what you say but how you say it, too. Flipping off an NCO even though no verbal would meet the criteria for disrespect. Additionally, saying yes sir would normally be respectful, saying it a you storm away could be construed as disrespectful. It UCMJ terms the charge would be disrespect in deportment.

Response by A1C Chris Pointer made Jul 11 at 2021 7:51 PM

A1C Chris Pointer — Sun, 11 Jul 2021 19:51:09 -0400

Anyone of any rank can deem anything to be 'disrespectful'. When it comes to giving some kind of counseling or punishment, I'd think it would just fall under 'prejudicial to good order and discipline'.

Response by SFC Ralph E Kelley made Jul 11 at 2021 7:51 PM

SFC Ralph E Kelley — Sun, 11 Jul 2021 19:51:12 -0400

Its not a regulation but instead is a violation of the Army's UCMJ Article 89; Disrespect by acts includes neglecting the customary salute, or showing a marked disdain (flipping a bird), indifference (ignoring the superior speaking to to you), insolence (scowling or smirking0, impertinence (sarcasm), undue familiarity, or other rudeness in the presence of the superior officer.
Note that an NCO is a Non-Commissioned "OFFICER".
.
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 the execution of his office; (2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office; shall be punished as a court-martial may direct.
.
Additionally there are acts prejudicial to “good order and discipline", under article 134. That means generally the disobedience of orders (such as failing to present oneself at the position of attention), intentional disrespect towards superiors, failure to repair (late for duty/incorrect uniform/dirty or rusty equipment/etc, etc...

Response by SGM Private RallyPoint Member made Jul 11 at 2021 9:47 PM

SGM Private RallyPoint Member — Sun, 11 Jul 2021 21:47:26 -0400

Does that even sound right to you? An NCO can deem "anything" disrespectful?
An NCO does not have UCMJ authority, only a commander does.
The commander and 1SG will have to agree on the "disrespectful" to make it a thing.

Response by SSgt Christophe Murphy made Jul 12 at 2021 12:16 AM

SSgt Christophe Murphy — Mon, 12 Jul 2021 00:16:03 -0400

I would steer clear of Barracks Lawyers who have information but are unable to cite a reference. Red flag right there.
Sounds like you need to do a deep dive into articles 89 and 91. But depending on what the offense is it will be fairly easy to process. The biggest thing is documentation. You will have several steps and hurdles to navigate before you are prosecuting someone under the UCMJ unless the offense is that bad and outstanding. Usually it will be minor and you will be using stepping stones to document the case before you get to that points. Verbal counseling , written counseling, 6105, etc.

Response by SGT Robert Wager made Jul 12 at 2021 1:16 AM

SGT Robert Wager — Mon, 12 Jul 2021 01:16:05 -0400

You need to read and understand Art 91. While the Army and your commander deemed you worthy of wearing those stripes. Your Authority stems from the well of the UCMJ. I would suggest doing research on cases actually tried in a courts martial against Art 91.

Disrespect by deportment is where a lot of junior enlisted get themselves into trouble. It is also where NCOs truly shine as not only a leader but as a counselor. You can almost always “make” a soldier follow orders and say “yes sergeant” but influencing a soldier to get that chip off his shoulder or edge out of his voice is the Art of influencing a soldier to accomplish the mission. You don’t want a soldier to blindly follow orders or to broken like a horse, you want a soldier that willingly follows orders while remaining a thinking individual. The sergeants and staff sergeants in the army are the front line leaders that develop the force and make that happen.

Response by CW4 Craig Urban made Jul 12 at 2021 5:05 AM

CW4 Craig Urban — Mon, 12 Jul 2021 05:05:48 -0400

Not true that a NCO can deem it himself

Response by 1SG Private RallyPoint Member made Jul 12 at 2021 6:13 PM

1SG Private RallyPoint Member — Mon, 12 Jul 2021 18:13:50 -0400

What is your intent behind finding this ART? Your first course of action should be immediate corrective action followed by documentation through use of a 4856. Unless the disrespect is so egregious that you feel I warrants UCMJ action, but if you have to ask others if they fee it does then it probably does not, and you want have the support of a command team to seek UCMJ action. Most of the issues with subordinate Soldiers I had were the result of frustration with some personal issue. Yes the disrespect needs to be addressed, but in my experience the greater issue is what is going on with this Soldier that caused the issue. Coach, counsel, mentor.

Response by MSG Private RallyPoint Member made Jul 13 at 2021 12:30 AM

MSG Private RallyPoint Member — Tue, 13 Jul 2021 00:30:52 -0400

Google the Military Courts Manual and you will find what you are looking for, this manual contains all of the UCMJ Articles

Response by SMSgt Bob Wilson made Jul 13 at 2021 1:19 AM

SMSgt Bob Wilson — Tue, 13 Jul 2021 01:19:44 -0400

Try UCMJ Article 91.

Response by SSG Stephen Arnold made Jul 20 at 2022 11:26 AM

SSG Stephen Arnold — Wed, 20 Jul 2022 11:26:54 -0400

Aside: as a lower EM I discovered that the best way to get back at incompetent NCOs was to follow their orders to the letter. They rarely said what they really meant.

Eventually they left me alone.