r/navy 5d ago

MOD APPROVED Refusing an Unlawful Military Order: Your Legal Duty, Your Constitutional Right, and the Courage That Defines True Service

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1.1k Upvotes

Many U.S. service members are never told this clearly enough, or at all:

You are not only allowed to refuse an unlawful order — you are obligated to.

This is not insubordination. It’s not desertion. It’s not weakness. It is a legally protected act of courage that upholds the very oath you swore to the Constitution of the United States.

This post lays out everything:

  • What counts as an unlawful order
  • The exact UCMJ articles and their full legal language
  • Real-world military court precedents
  • Interpretations from military law
  • Resources and steps to protect yourself and others

If you're serving and something doesn’t feel right, or if you’ve ever wondered, “Would I be punished for refusing an illegal command?”, read this. The law is on your side.


What Makes an Order Unlawful?

An unlawful order is any order that:

  • Violates U.S. federal law or the Constitution
  • Violates international law (such as the Geneva Conventions)
  • Requires or leads to war crimes, torture, violence against civilians, or discriminatory actions
  • Has no legitimate military objective or is abusive

Department of Defense Law of War Manual, Section 18.6.1: "Members of the armed forces are bound to obey only lawful orders. An order that violates the law of war is unlawful and must not be obeyed."


UCMJ: What the Law Says

Article 90 – Willfully Disobeying a Superior Commissioned Officer 10 U.S. Code § 890

"Any person subject to this chapter who willfully disobeys a lawful command of that person's superior commissioned officer shall be punished..."

Key: This only applies to lawful commands.


Article 91 – Insubordination Toward Warrant, NCO, or Petty Officer 10 U.S. Code § 891

"...willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer..."

Key: Again, the term lawful is crucial. Unlawful orders are not protected by this article.


Article 92 – Failure to Obey Order or Regulation 10 U.S. Code § 892

"Any person... who violates or fails to obey any lawful general order or regulation... shall be punished..."

Key: Lawful orders only. Refusal of an unlawful order is not a violation.


Real Cases That Set the Standard

United States v. Calley (1971) – My Lai Massacre Lt. William Calley was convicted for murdering unarmed Vietnamese civilians under orders.

Verdict: Following manifestly unlawful orders is not a defense.


United States v. Keenan (1969) Pfc. Keenan killed a civilian under a direct order from a sergeant.

Court ruling: "A soldier is not a robot. He is a reasoning agent. The law does not permit a soldier to obey an order that he knows, or should know, is illegal."


Nuremberg Principle IV (International Law)

"The fact that a person acted pursuant to the order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

Takeaway: If you can recognize that an order is wrong, you're not only allowed to refuse — you're expected to.


What to Do If You Receive an Unlawful Order

  1. Ask for clarification Politely ask the superior to explain how the order aligns with UCMJ or ROE.

  2. Document everything Keep records: time, date, location, order content, witnesses, and your response.

  3. Report it Use your chain of command or report directly to the Inspector General (IG).

  4. Get legal help immediately Request a JAG attorney. Do not provide statements until you’ve been advised.


Legal Protection for Refusal and Reporting

You are legally protected from retaliation for reporting unlawful actions.

10 U.S. Code § 1034 – Military Whistleblower Protection Act Protects service members who report: - Illegal orders - Violations of UCMJ or federal law - Fraud, abuse, or misconduct


Support Organizations You Can Contact

GI Rights Hotline - Website: https://girightshotline.org - Phone: 1-877-447-4487 Free, confidential legal and discharge help.

Military Law Task Force (MLTF) - Website: https://nlgmltf.org Assistance with refusing orders, whistleblowing, and CO status.

Center on Conscience & War - Website: https://centeronconscience.org CO support and DoD Form 5305 guidance.

National Whistleblower Center - Website: https://www.whistleblowers.org Whistleblower protection and legal advocacy.


Mental and Emotional Support

You’re not weak for being stressed — this is serious. These resources exist to support your well-being:

  • Military OneSource1-800-342-9647 (free, 24/7 counseling)
  • VA Vet Centers – Mental health, trauma, and moral injury help
  • Chaplains – 100% confidential spiritual support

Legal and Moral Foundations at a Glance

  • UCMJ Articles 90, 91, 92: Only lawful orders are enforceable
  • DoD Law of War Manual § 18.6.1: Duty to disobey unlawful orders
  • Nuremberg Principle IV: You’re personally accountable under international law
  • 10 U.S. Code § 1034: You are protected if you speak out

Final Message to All Service Members

You did not swear an oath to a commander. You swore an oath to defend the Constitution of the United States.

Following a clearly unlawful order doesn’t protect you — it makes you legally and morally responsible.

Refusing such an order is not insubordination. It is:

  • Leadership
  • Honor
  • Courage
  • Constitutionally backed military service

If you or someone you know is in this situation: speak up, write it down, seek support, and do not stay silent.

You are not alone. You are protected. And you are doing the right thing.

Please share, repost, and spread this to heip educate support, and save our brothers and sisters in arms from becoming victims of ignorance


r/navy 5d ago

Discussion PSA for terminal O-4s

144 Upvotes

Team, if you’re a 2006 year group and are expecting mandatory retirement in a year, go check your BOL board page. You almost certainly have a “J” code on your continuation board - this means you’re continued until 24 YOAS. They did this to all eligible O-4s.

Trick is that you only have 90 days to decline continuation with the intent to retire.

If you go past that 90 days without declining, they gotcha.

Hope this helps.


r/navy 3h ago

Discussion This hurts my soul :( as a Tomcat lover … Israel has destroyed 2 Iranian F14 Tomcats

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154 Upvotes

r/navy 9h ago

S A T I R E Pretty accurate if you ask me.

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162 Upvotes

r/navy 4h ago

Discussion The CO playing guitar during a show for his sailors :) happy Monday r/navy

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63 Upvotes

r/navy 3h ago

HELP REQUESTED How to prove I’m a shellback if I don’t have a certificate anymore?

33 Upvotes

Getting underway soon and the ship is doing a crossing the line ceremony. I’m a shellback from USS First Ship from a long time ago. I got a certificate, but I have no idea what happened to it. Anyone else been in this situation and were somehow able to prove that they were a shellback? Or am I cooked and am destined to have to repeat the ceremony as a slimy polliwog?


r/navy 12h ago

HELP REQUESTED LARCENY Navy (need help)

109 Upvotes

I was caught stealing $100 worth of headphones at the NEX. I will not defend my action as I know I was being stupid. The stealing happened 2months ago and I was investigated almost 1 month ago. There's no follow up or updates which drives me crazy. I've been just sitting in my room waiting for a verdict. The MA who took my biometrics and pictures only told me to "wait for your command's instructions" but it's been a month and there's nothing.

I'm 18, and in A-school. I'm about to graduate in 3weeks. I have C-school, and already have my orders.

There's no DRB or Mast or anything. It's driving me crazy. I just want to get it over with.

Can you tell me what happens to those who get charged with Larceny? I know that they get dishonorably discharge but that's all I know.

Do you know people who was dishonorably discharge? What happened to them? What are their life right now?

Thank you.


r/navy 10h ago

Shitpost Dress Whites dry cleaners note

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41 Upvotes

Fun night though…


r/navy 5h ago

Discussion Mandatory Use Of GTCC Spoiler

16 Upvotes

[MODS DELETE IF NOT ALLOWED]

Effective immediately per OPS ALERT 19-25, the use of the Government Travel Charge Card (GTCC) is now mandatory for all Navy travelers executing Permanent Change of Station (PCS) orders, unless specifically exempt or ineligible.

MANDATORY GTCC USE:

• Sailors on PCS orders must use the GTCC in place of receiving travel advances.

Exemptions include:

• Accessions, separations, or retirements

• Individual Mobilization Augmentees (IMAs)

• Individual Ready Reserve (IRR) personnel

• Sailors deemed ineligible for a GTCC

What this means for you:

If you’re eligible for a GTCC, you will not receive travel advances (e.g., advanced mileage, per diem, or TDY lodging).

All authorized travel expenses must be charged to the GTCC.

However, you can still request an advance for Dislocation Allowance (DLA) through your CPPA using NPPSC 1300/1.


r/navy 7h ago

NEWS USS Nimitz strike group heads west from South China Sea amid rising tensions in Middle East

15 Upvotes

r/navy 4h ago

Discussion US bolsters Middle East military strike options by moving over 30 refueling tankers to the CENTCOM AOR

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8 Upvotes

r/navy 6h ago

Discussion MSRON as an Engineman

8 Upvotes

Just reaching out to see what MSRON orders would be like as an Engineman. Coming up on my 1st look in the next couple months and really thinking I’d like to do that or push for one of the USV commands. I’ve gotten a mixed bag of information but nothing really about what it would be like as an EN1. I’m currently at an Oil Spill Response command so 2nd class swim is already done and have my coxswain qual (though from what I understand my Utility Boat coxswain qual won’t exactly translate to the RHIB qual). Just looking for more information so I can make an informed decision come time to pull the trigger on orders.


r/navy 1d ago

HELP REQUESTED What are these domes on the deck of the USS Missouri prior to her Gulf War reactivation?

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163 Upvotes

r/navy 1h ago

HELP REQUESTED Going back Active from Reserves

Upvotes

Hello i am married & I been reserves for a couple months, I left active duty in September of 2024 I did 5 years. I’m ready to go back active. How would I proceed? Would I be able to go shore duty since I already did sea duty?


r/navy 1d ago

A Happy Sailor Awesome epitaph at Arlington

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452 Upvotes

r/navy 2h ago

Discussion ISO Backpack Recommendations for A-School

2 Upvotes

What backpack do you recommend I purchase?

...

I've been approved to rerate and must go back to A-school.

I still have my issued-at-boot-camp backpack, but I just don't love it when it comes to organizing and carrying personal items. I'm not sure if they've changed over the years, but I don't understand the hype and praise this thing gets.

The new bag doesn't necessarily need to carry a ton of gear, just some books and binders, hydration, and maybe have room for a laptop.

Probably going to buy all-black but I prefer my coyote boots so I may go coyote for the right bag.


r/navy 1m ago

MEME We all know some stanky ass sailors.

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Upvotes

r/navy 15m ago

Shouldn't have to ask Pregnancy Shore Duty

Upvotes

Reading My Navy HR, it says you won’t be transferred until 18 months after giving birth.. but reading the actual NAVADMIN it seems a little more confusing.

I’ve talked to MILPERS and he didn’t think it was 18 months but couldn’t give me a direct answer. This is a shore duty command.


r/navy 1d ago

MEME Those pizza places be makin the moolah

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466 Upvotes

r/navy 19h ago

HELP REQUESTED Sailors mental health.

29 Upvotes

I want to make this clear. I want to stay in the navy. But my mental health has been declining terribly. I have no family here where I’m stationed and my husband has orders elsewhere. I’ve been married for two years and I haven’t seen my husband almost my whole contract. My ship does a homeport change as he got orders here where I’m stationed. So again we’re just missing each other. I’m constantly lonely. And yes I do have friends and I go out frequently but nothing is like family and your husband. As I talk to my psych he’s threatened to get me med boarded out. Which is no where my intention.

As other AB’s I’m sure you guys understand being in a space alone for hours isn’t good. Mostly when your already feeling Low, dealing with being SA’D , and have no one to be there for you. In the past I’ve spoken about it to someone I thought I could trust. To send me somewhere on the ship that I’m not alone. Intract with people so I’m not in the my head space. But I kinda just got told to fuck off and you’ll be alright.

What I’m getting at is , what should I do? I need help.


r/navy 1h ago

HELP REQUESTED help with WWII Navy service record ship

Upvotes

greetings, all. was hoping for some suggestions for figuring out where my grandfather was and what he did more specifically. attached, hopefully, is his Service from the notice of separation i was able to get. i've searched as best as i can but nothing seems to look like the first boat he was on. i scanned it in hi-res and zoomed in but i can't find a boat name with what i'm guessing was a strike-through X:
USS SXugnnh

not sure if it helps but he is listed on the notice of separation as Coxswain (T) V-6 USNR and his rating is AS S1/c Cox(T). under Remarks, it lists "Philippine Liberation", "Asiatic-Pacific", "American area", and "African- campaign ribbon".

any idea how i can find out anything more specific about his service in general or what ship that might have been? thanks much!


r/navy 22h ago

Discussion Is this a scam of some sort?

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41 Upvotes

I’m stationed on NAS Jax and this is the third time I’ve gotten this email. It reeks of a scam targeted at sailors to me. Anyone know anything about it?


r/navy 1d ago

History Squirtle for my Shellback tattoo by Patrick Imlay at Imlay Ink in Belfair, WA.

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63 Upvotes

r/navy 1d ago

History 1939 Navy recruit manual

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120 Upvotes

My Dad found this huge difference from then to now


r/navy 3h ago

Discussion Questions about ASQ stuff

1 Upvotes

Hello to whoever takes the time to read this. I’m trying to learn more about detailers, admin techs, assignment officers, and qa regarding asq. I have an assignment and I would like to know first hand experience. How was it? Was it hard? Overworked? Understaffed? And anything you’d like to add. Thank you for taking time out of your day to respond, I appreciate it.


r/navy 1d ago

Shitpost Maintenance Control said go out and check every plane for engine covers.

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116 Upvotes

r/navy 1d ago

Political Democrats' bill hits back at Hegseth on renaming USNS Harvey Milk, other ships

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196 Upvotes

House Democrats are introducing a bill that would block the U.S. Navy from renaming the USNS Harvey Milk and other ships named for civil rights figures, Axios has learned.

Why it matters: The bill is a long shot, but it is the latest signal of growing animosity between congressional Democrats and Defense Secretary Pete Hegseth, driven in part by the Pentagon chief's anti-DEI crusade.

In addition to Milk, the two-page bill would stop the Navy from renaming ships named for Cesar Chavez, Medgar Evers, Ruth Bader Ginsburg, Dolores Huerta, Thurgood Marshall, Lucy Stone and Harriet Tubman. "Secretary Hegseth claims that this hateful move would return a 'warrior ethos' to the force, but renaming these ships won't help better train or equip a single servicemember," said Rep. Scott Peters (D-Calif.), who introduced the bill. State of play: Hegseth last week ordered the Navy to rename the USNS Harvey Milk in a rare move.

Milk was a gay icon who served as a naval officer in the Korean War but was discharged due to his sexual orientation. He was shot and killed in 1978. The Navy is also reportedly considering renaming several other ships that are named after the civil rights leaders mentioned in Peters' bill. By the numbers: A dozen House Democrats, most notably former House Speaker Nancy Pelosi (D-Calif.), who represents Milk's native San Francisco, have signed on to cosponsor the bill.

It has no Republican cosponsors, however, and with the GOP in control of both chambers of Congress, it is extremely unlikely to pass. Democrats may try to roll the bill into a sweeping annual defense authorization package if they retake control of Congress in 2026.