United States v. Bartell

Opinion of the Court

COX, Judge:

We are called upon to decide whether a servicemember may be prosecuted for refusing to obey a lawful general order where the order has been signed by a subordinate staff member rather than by the *296commanding general himself.1 Art. 92(1), Uniform Code of Military Justice, 10 USC § 892(1); see United States v. Breault, 30 MJ 833 (NMCMR 1990). We hold that Article 92(1) requires only that the order be issued as a result of the personal decision of a general officer.2 How the order is communicated to the subordinate members of the affected command is a matter of…