UCMJ ARTICLE 89 DISRESPECT TOWARD A SUPERIOR COMMISSIONED OFFICER

UCMJ Article 89 – Disrespect Toward a Superior Commissioned Officer

In uniform, the rules of conduct are sharper, stricter, and less forgiving. You don’t need to yell to get charged with disrespect. A flat tone, an offhand comment, or even a look that lingers too long—if it lands wrong, it can land you in trouble. The military doesn’t have the luxury of brushing things off the way civilians do. It keeps order by enforcing standards, not negotiating them. You don’t even have to speak. A single moment of body language, a quiet comment said at the wrong time, or a failure to observe protocol can trigger an investigation. In some commands, it doesn’t take much. And once the charge is filed, your record, your rank, and your career can shift in a matter of days.

What Article 89 Actually Says—And What It Doesn’t

The article isn’t about etiquette. It’s about order. UCMJ Article 89 applies when a service member shows disrespect to or about a superior commissioned officer. The language of the law doesn’t just prohibit outbursts or blatant insubordination. It also covers situations where tone, timing, or perceived intent challenge the officer’s authority or undermine the chain of command. The offense can happen face-to-face, in formation, behind closed doors, or even in a private conversation with another service member. What matters isn’t where it happens. What matters is how the act is interpreted by command—and how quickly it’s escalated into a charge.

To convict a service member under Article 89, the government must prove that:

• The accused knew the individual was a superior commissioned officer;
• The officer was acting in the execution of their duties (for direct disrespect);
• The act, gesture, or words expressed disrespect;
• The behavior disrupted military order or discipline, or undermined the officer’s authority.

What Can Lead to an Article 89 Charge? You Might Be Surprised.
You might think you’d know when you’re crossing the line. But in many cases, service members didn’t believe they were doing anything wrong—until the paperwork showed up. Article 89 charges have been filed over moments like these:

• Speaking bluntly to a lieutenant during a unit brief and walking away mid-sentence
• Refusing to stand at attention during counseling with a commissioned officer
• Posting comments on social media mocking decisions made by command
• Shrugging, smirking, or reacting with visible irritation during formal interactions
• Talking to a peer about how a commander “doesn’t deserve that rank”
• Writing disrespectful remarks in a command climate survey or feedback form

These actions might not seem criminal. In some units, they might even be common. But if your chain of command wants to make an example, Article 89 gives them the legal basis to do so.

Punishment Isn’t Symbolic—It’s Career-Defining
If you’re convicted under UCMJ Article 89, the penalties are not minor. Depending on the facts, you could face:

• Up to one year of confinement
• Total forfeiture of all pay and allowances
• Reduction in rank to E-1
• A bad-conduct discharge

The consequences extend far beyond that. A punitive discharge doesn’t just end your military career—it follows you into civilian life. Employers ask about discharge status. VA benefits may become inaccessible. And reputationally, it’s a mark you may never fully erase. That’s why even if the allegation seems small, the defense has to be immediate and serious.

Context Matters. But You Need Someone Who Can Prove It.
Maybe your words were taken out of context. Maybe the officer misinterpreted your tone. Maybe it was personal. These things happen—but they don’t defend themselves. The military legal process isn’t built to slow down once it starts. If you’re waiting for command to “see the full picture,” you’re already behind. A seasoned military attorney can intervene early, review the evidence, speak to witnesses, and establish whether what happened truly meets the legal threshold for a criminal charge. Not every moment of tension is a UCMJ violation. But unless someone pushes back, command’s version becomes the only version.

Building a Defense to Article 89 Starts With the Right Questions

A defense strategy can take many forms, depending on the situation. Some of the most common include:

• Was the officer in the execution of their office? If they were off-duty or acting outside their role, Article 89 may not apply.
• Was the disrespect direct or indirect? Indirect statements require a higher burden of proof.
• Was there a history of command conflict? Bias, favoritism, or retaliation can play a role in how charges are filed.
• Were there witnesses, or was it a private exchange? Testimony matters, and so does credibility.
• Does the service record of the accused support mitigation? A strong record may show the act was out of character.

This is where an experienced UCMJ lawyer is essential. You need someone who doesn’t just know military law—you need someone who knows how the military builds cases and where those cases often overreach.

Why Service Members Nationwide Trust Military Attorney Joseph Jordan

Joseph Jordan is a military attorney who defends Article 89 cases across all branches and all ranks. His entire practice is dedicated to representing service members facing UCMJ charges. He doesn't split his time with civilian law. He doesn't negotiate guilty pleas just to clear a calendar. He takes on commands that overreach and prosecutors who push weak cases, and he does it with a full understanding of how rank, relationships, and pressure shape military justice. From CONUS bases to overseas deployments, Joseph Jordan fights for those who’ve been pushed into the legal system for moments that deserve context, not punishment.

His approach is built on precision, not volume. Every client receives direct counsel. Every strategy is tailored. And every case is pursued with one goal in mind: protecting the future of the person who wore the uniform.

You Wore the Uniform. You Showed Up. Now Stand Up for Your Name.

A disrespect charge doesn’t have to define you. But it will—if you let it go unanswered. Article 89 is vague, broad, and subjective. That makes it powerful for command—and dangerous for you. If you’re under investigation, facing charges, or already hearing whispers in your unit, now is the time to act.

You don’t have to take this on alone. If you’re facing a disrespect allegation under Article 89, your next step could decide your career’s direction. Secure the advocacy of a seasoned UCMJ attorney who knows how to challenge command narratives, protect your record, and fight for your future. One charge doesn’t define your service—how you respond does.