Article 117—Provoking speeches or gestures

[Lightarms]

What is the name of your state? Ft Stewart, Ga
Military Police

So today I was in PT formation. The NCO in charge apparently wasn't doing stuff all hooah hooah to my platoon sergeants standards so he took over and gave a command to the formation to assemble to the right. At this moment he came running up to me and got all up in my face yelling and partially spitting just a tad in my face while yelling. Saying " You better wipe that disgusted look off your face" I replied "I have no idea what your talking about" I seriously didn't make any disgusted face gesture at all. In fact I didn't have any sort of gesture. Just my normal depressed look I have had since I joined over 3 years ago. He kept yelling at me saying if I don't stop with the negative attitude and looking pissed off that he would charge me with Article 117 and the other articles that refer to disrespect to a NCO.

Now can he really do this without any proof? because I know I didn't do anything wrong and he has no proof or witnesses either.

Now a seperate questiong as to about my attitude. I have changed my attitude greatly about the army since I joined especially after watching my platoon leader die from a suicide car bomber because it was all so important to drive from arbil to Mosul one day for a stupid soldier of the month board...and just the general every day BS I put up with. Could they charge me for being unmotivated? or having a ****ty attitude about things?

[badapple40]

I'd say the chances of you being charged with this is little to none. First of all, unless you use contemptuous words or language, they have no case. I've never seen a charge of disrespect a NCO based solely on non-verbals that don't clearly display contempt (e.g. extending one's middle finger to an NCO).

The two articles you are potentially looking at is Article 91 (disrespect to a NCO) and Article 117 (provoking gestures).

The MCM and text of Article 117 provides that:
(1) That the accused wrongfully used words or gestures toward a certain person;
(2) That the words or gestures used were provoking or reproachful; and
(3) That the person toward whom the words or gestures were used was a person subject to the code.

furthermore, the MCM explains that: “provoking” and “reproachful” describe those words
or gestures which are used in the presence of the person to whom they are directed and which a reasonable person would expect to induce a breach of the peace under the circumstances.

You did not challenge him to a fight, call him foul language, or otherwise do anything than, according to him, make a sour face about something he said. You don't have to like what he said, you just have to do it. He has no Article 117 case.

As for the disrespect to the NCO charge (Article 91):
That article provides, in relevant part, that a person who:
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office;

You were not disrespectful in language. So the only question is whether you were disrespectful in "deportment." Deportment is defined as "demeanor; conduct; behavior."

I'd say they have little case here, if all you did was have a sour look on your face. That look could be due to a variety of factors, completely unrelated to the order or actions of the particular NCO. The problem is just because you look pissed off, doesn't mean that it is directed at them.

Now, for a piece of sage advice: keep your yap shut, follow orders, use proper NCO grades in addressing this guy, and make sure you don't say anything to anyone else that you have a problem with anything he does (unless it is illegal, then you need to bring it up the appropriate channels). The biggest tool they can hang you with is your own mouth. Many people have the right, but not the ability, to remain silent.

[koko2005qt]

Hi,
We are cureently in North Dakota.
My husband is being accused and presecuted under Article 117 and 91. He did not know why he was being accused of such things until his First Sargent told him. Apparently my husband was joking around with his buddy at work and said "your such a dirty jew" when my husband said that an NCO overheard this and reported him right away. Now they are telling him that he will lose a strip and get kicked out of the military with in thirty days. I just dont understand why?

[badapple40]

Originally Posted by koko2005qt

Hi,
We are cureently in North Dakota.
My husband is being accused and presecuted under Article 117 and 91. He did not know why he was being accused of such things until his First Sargent told him. Apparently my husband was joking around with his buddy at work and said "your such a dirty jew" when my husband said that an NCO overheard this and reported him right away. Now they are telling him that he will lose a strip and get kicked out of the military with in thirty days. I just dont understand why?

First, start your own post/topic. Second, you husband needs to fight these charges. There is no way these are valid. My advice: check the box that says demand court martial and don't accept summary. Go special court martial, with members and a military judge.