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usaf-vet

(7,883 posts)
16. I salute his years of service flying a helicopter to SAVE LIVES. The UCMJ allows a military member to refuse to follow..
Wed Aug 20, 2025, 05:31 PM
Aug 2025

... an illegal order.

Here is a short version of what the UCMJ
Disobeying an Illegal Order under the UCMJ

The Uniform Code of Military Justice (UCMJ) requires service members to obey lawful orders. However, it also makes clear that unlawful orders are not binding and must be disobeyed.

Relevant UCMJ Articles

Article 90: Willfully Disobeying a Superior Commissioned Officer – applies only to lawful commands.

Article 91: Insubordinate Conduct Toward Warrant Officer, NCO, or Petty Officer – limited to lawful orders.

Article 92: Failure to Obey Order or Regulation – covers lawful general orders, regulations, or directives.

What Makes an Order Illegal?
An order is unlawful if it:

Requires the commission of a crime (such as torture, targeting civilians, falsifying records).

Is beyond the authority of the person giving it.

Is manifestly contrary to the Constitution, U.S. law, or the laws of war.

Duty to Disobey
Military law and precedent make clear that service members have both a legal and moral duty to disobey unlawful orders. Carrying out such orders can result in criminal liability for the subordinate. Refusing a truly unlawful order does not violate Articles 90–92.

Historical Example
In United States v. Calley (My Lai Massacre, Vietnam War), Lieutenant William Calley argued he was following orders to kill civilians. The court rejected this defense: orders to commit war crimes are manifestly illegal and must be disobeyed.

Summary
The UCMJ requires obedience to lawful orders. If an order is illegal, a service member has a duty to disobey it. Obedience to such orders is not a defense and may result in prosecution.

Recommendations

3 members have recommended this reply (displayed in chronological order):

Powerful. cachukis Aug 2025 #1
Thought so too orangecrush Aug 2025 #3
A good and decent man who is a real hero. It's people like hm that are the ones who should get the Nobel Peace Prize. Ping Tung Aug 2025 #2
A decent man orangecrush Aug 2025 #5
Cannot get the Medal of Honor by definition TnDem Aug 2025 #22
I agree. Ping Tung Aug 2025 #28
Powerful DiverDave Aug 2025 #4
Thanks orangecrush Aug 2025 #6
Same InstantGratification Aug 2025 #7
Same here. Aristus Aug 2025 #11
Very powerful. I hope our military see this or something similar. erronis Aug 2025 #8
So what happened after the MP's took him???? Grins Aug 2025 #9
He had 17 years in orangecrush Aug 2025 #13
A good friend who was in the Corps (ROTC) at Texas A & M and then a Lieutenant in the US Army in Vietnam surfered Aug 2025 #10
Thank you orangecrush Aug 2025 #14
WOW! That's what being an American patriot is all about. 70sEraVet Aug 2025 #12
Kudos to Mr. Avery Uncle Joe Aug 2025 #15
Most welcome, Uncle Joe! orangecrush Aug 2025 #18
I salute his years of service flying a helicopter to SAVE LIVES. The UCMJ allows a military member to refuse to follow.. usaf-vet Aug 2025 #16
I remember this orangecrush Aug 2025 #19
"Hugh Thompson The pilot who ended the My Lai Massacre KUSI News San Diego, CA" Uncle Joe Aug 2025 #17
Another decent human orangecrush Aug 2025 #20
I was lucky with both my Vietnam tours, MarineCombatEngineer Aug 2025 #21
Thinking about all the very young men, kids I went to school with, who followed orders & got fucked up for life Attilatheblond Aug 2025 #23
Great post orangecrush Aug 2025 #24
Bookmarking Bayard Aug 2025 #25
Thanks orangecrush Aug 2025 #26
Wow pattyloutwo Aug 2025 #27
Agree orangecrush Aug 2025 #29
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