MANUAL FOR COURTS-MARTIAL, UNITED STATES, 1951

Uniform Code of Military Justice:

ART. 91. Insubordinate conduct towards noncommissioned officer.

Any warrant officer or enlisted person who--

(1) strikes or assaults a warrant officer, noncommisioned officer, or petty officer, while such officer is in the execution of his office; or

(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 such officer is in the execution of his office;

shall be punished as a court-martial may direct.

Discussion: DISOBEYING A WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER

Proof.--(a) That the accused enlisted person or warrant officer received a certain order from a certain warrant officer, noncommissioned officer, or petty officer, as alleged; and (b) that the accused willfully disobeyed the order; and (c) that at the time the accused knew that the warrant officer, noncommissioned officer or petty officer was his superior.

An order from a warrant officer, noncommisioned officer, or petty officer in the execution of his office is presumed to be a lawful order.

Discussion: TREATING WITH CONTEMPT OR BEING DISRESPECTFUL IN LANGUAGE OR DEPORTMENT TOWARD A WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER

Proof:--That the accused did or omitted to do acts, or used language, under certain circumstances, or in a manner, or with an intended meaning, as alleged; (b) that such behavior or language was used toward and within the sight or hearing of a certain warrant officer, noncommissioned officer, or petty officer; and (c) that the warrant officer, noncommissioned officer, or petty officer was in the execution of his office at the time; and (d) that at the time the accused knew that the warrant officer, noncommissioned officer or petty officer was his superior.

ART. 131. Perjury.

Any person subject to this code who in a judicial proceeding or course of justice willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.

Proof.-- That the accused took an oath or its equivalent in a certain judicial proceeding or course of justice, as alleged; (b) that the oath was administered to the accused in a matter in which an oath was required or authorized by law; (c) that the oath was administered by a person having authority to do so; (d) that upon such oath the accused gave the testimony alleged; (e) that such testimony was material; and (f) the facts and circumstances showing that the accused did not believe such testimony to be true.