Under military law, including principles embodied in the Uniform Code of Military Justice, orders given to servicemembers are generally presumed to be lawful and are required to be obeyed unless they are unlawful.
November 24, 2025
high
temporal
General legal principle governing obedience to military orders.
Criminal penalties for conduct that encourages disloyalty or insubordination in the armed forces can include forfeiture of pay, confinement, or dismissal from service, and recalls of retirees to active duty for disciplinary action are rare and typically reserved for allegations of serious criminal conduct such as espionage, sexual assault, or fraud.
November 24, 2025
high
temporal
Typical forms of punishment and the scarcity of recalling retirees for discipline in military practice.
The Uniform Code of Military Justice (UCMJ) includes provisions that can criminally charge service members for disobeying orders, including Article 90 for willfully disobeying a superior commissioned officer and Article 92 for failure to obey an order.
November 20, 2025
high
legal
Lists specific UCMJ articles commonly applied when service members do not follow orders.
United States appellate courts held in United States v. Dinger (2018) and United States v. Larrabee (2020) that military retirees who continue to receive retirement pay remain subject to the Uniform Code of Military Justice and may be tried for offenses committed after retirement.
January 01, 2020
high
temporal
Legal precedent on the jurisdiction of the UCMJ over retired service members receiving pay.
The Uniform Code of Military Justice (UCMJ) is the standardized U.S. military justice system that was enacted in 1951.
January 01, 1951
high
legal
Describes the U.S. federal code that governs military justice and procedure.
Under the Uniform Code of Military Justice, members of the U.S. military are obligated to follow lawful orders from their superiors but may refuse orders they legitimately determine to be illegal.
January 01, 1951
high
legal
Summarizes the legal principle in U.S. military law regarding lawful and unlawful orders.
Under the Uniform Code of Military Justice, military members are obligated to follow lawful orders from their superiors but are permitted to disobey orders that are illegal.
January 01, 1951
high
legal
The UCMJ distinguishes between lawful orders, which must be followed, and illegal orders, which may be refused.
Under the Uniform Code of Military Justice (UCMJ), a U.S. service member who refuses a lawful order may be subject to court-martial.
high
temporal
Legal consequence in U.S. military law for failure to follow lawful orders.