23 January 2005
The text definition of Art. 92 is:
“Any person subject to this chapter who—
(1) violates or fails to obey any lawful general order or regulation;
(2) 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; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.”
In a legal sense, this translates in meaning to having been given an order, or knowing that an order has been given in regards to a situation or job role, an individual has a) disregarded those instructions or b) has gone about their job in a fashion that disregards the normal standards to which they are accountable. So in this an Article 92 offense can be either a case of a deliberate action or a case of negligence (which is often defined as actions taken without intention to commit a crime, but in disregard of standards and their ...view middle of the document...
I was also told that a specific group was one group and not actually multiple groups. I disagreed and conducted unnecessary and (later shown) inaccurate research that I believed showed two different groups. The article 92 portion of this came from the fact that a) I was told they were one group and b) there was a close of business suspense that my actions caused me to miss. Also, the erroneous interpretation of information was also briefed to the G2X, potentially damaging our working relations with our superiors and counterparts at Division. So my offense, even though I was trying to create an accurate product and show initiative, violated both my instructions (the information that the groups were actually one group) and showed neglect (knowledge of the importance of suspense date/times and importance of accurate information in briefings) with potential damage to my office’s working reputation.
From research the Article 92 framework and accepted legal standards as expressed in legal briefs that are publicly accessible, I understand that while showing initiative is more often than not a good thing, it must lead to accurate work and most importantly MUST FIT WITHIN THE GUIDELINES OF EXISTING INSTRUCTIONS AND CURRENT STANDARDS. When orders are ignored, it leads to repercussions for both the individual soldier and his/her team-mates. My actions did not meet these standards. To avoid this in the future, I will build an outline of my work and where I will be placing information within that works framework. I will also be sure to fully write down all work related standards and orders for my assigned tasks and the suspense times for these standards. This will include both beginning and end DTG, who originated the orders and standards, as well as any changes to standards that may come up on larger projects and who ordered the changes. I will insure that my understanding of instructions is clear and accurate. If something comes up that may cause me to miss a deadline, I will bring this to the attention of my supervisor(s) and will request an extension on the deadline. When showing initiative, I will keep orders in mind and if there appears to be a conflict will seek assistance from my superiors or my peers in how to best accomplish my mission.
Daniel J. Haire
SPC, US Army
C Co (ACE), 124 STB