Posted on Jul 11, 2021
What regulation covers disrespect towards a NCO?
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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.
Disrespect
Army Regulations
Career Counselor
Career Advice
Posted >1 y ago
Responses: 12
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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.
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.
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LtCol Robert Quinter
The purpose of Article 91 is to protect warrant, noncommissioned, or petty officers from disrespect and violence as well as ensuring obedience to their lawful orders. In order to be charged with a violation of Article 91, the accused was aware the victim was a warrant, noncommissioned or petty officer. The accused must have also struck, assaulted, disobeyed, or disrespected the officer. In order for disrespect or deportment to be charged, the accused must have been within sight or hearing of the victim.
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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.
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.
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SGT (Join to see)
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".
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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.
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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...
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...
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SFC Ralph E Kelley
SGT (Join to see) - No Problem.
I forget how often I was told of a 'regulation that was actually a violation of UCMJ or even was only a unit policy.
UCMJ is a violation of of judicial law governing soldiers.
A regulation (in my opinion) is the day-to-day operating guidance at the Army level to ensure soldiers do not have a UCMJ Violation.
A policy is the Commander's input on key issues for action or safety.
An SOP is the tactical unit-level clarification to ensure the unit does common practices for coordination of combat and support.
I forget how often I was told of a 'regulation that was actually a violation of UCMJ or even was only a unit policy.
UCMJ is a violation of of judicial law governing soldiers.
A regulation (in my opinion) is the day-to-day operating guidance at the Army level to ensure soldiers do not have a UCMJ Violation.
A policy is the Commander's input on key issues for action or safety.
An SOP is the tactical unit-level clarification to ensure the unit does common practices for coordination of combat and support.
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Sgt Dale Briggs
The things that come up on here sometimes have me shaking my head, sorry but showing disrespect to your Squad Leader, Plt Sgt just wasn't done. Honestly the Sr NCO leadership I had in 4 years was amazing, they’d do anything to help you, and if you were that much an ass.... well the peer pressure would be significant and you’d have to go away. Maybe it’s just Army problems, this weird shit always seems to be Army, maybe it’s just a numbers thing , there’s far more of you that us.
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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.
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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.
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SGT (Join to see)
SFC,
My intent for finding this Article is better inform my myself and educate myself on things.
My intent for finding this Article is better inform my myself and educate myself on things.
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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.
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.
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PO1 Jeffrey Brown
I mean, since they can't hand out NJP, it does seem that it at least has to be agreed to be the CO.
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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.
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.
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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.
Eventually they left me alone.
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