Fact check: What are the consequences for a service member who refuses to follow an order they believe is unlawful but is later found to be lawful?

1. Summary of the results

The consequences for a service member who refuses to follow an order they believe is unlawful but is later found to be lawful are severe and can include court-martial, prison, and loss of benefits ^[1]. According to the Uniform Code of Military Justice, service members are required to obey lawful orders but are also required to refuse unlawful orders, with the burden falling on the service member to establish that an order is manifestly unlawful ^[2]. Understanding the distinction between legal and illegal orders is crucial, as service members have a duty to disobey unlawful orders, which can save lives, protect the Constitution, and uphold international law ^[2]. However, refusing to follow an order that is later found to be lawful can put a service member at risk of retaliation, adverse career action, or criminal charges ^[2]. Survey data shows that 80% of active-duty military service members understand their moral and legal duty to disobey orders that are manifestly unlawful ^[3], highlighting the importance of understanding the legal framework and the role of the Insurrection Act in determining the legality of orders ^[4].

2. Missing context/alternative viewpoints

A key missing context in the original statement is the definition of a manifestly unlawful order, which is a high standard that service members must establish to justify refusing an order ^[2]. Another missing context is the role of the chain of command in determining the legality of orders, as service members who refuse to follow an order they believe is unlawful but is later found to be lawful may have little recourse but to appeal to a higher echelon, carry out the order, or resign ^[4]. Alternative viewpoints include the importance of understanding the ethical dilemma faced by service members when ordered to perform actions they believe are illegal ^[5], and the potential consequences of a service member refusing to follow an order they believe is unlawful, including the possibility of being court-martialed ^[4]. Additionally, the survey data showing that 4 out of 5 US troops surveyed understand the duty to disobey illegal orders provides an alternative viewpoint on the awareness of service members regarding their moral and legal duty to disobey unlawful orders ^{[1] [5]}.

3. Potential misinformation/bias in the original statement

The original statement may be misleading as it implies that the consequences for a service member who refuses to follow an order they believe is unlawful but is later found to be lawful are straightforward, when in fact the situation is complex and depends on various factors, including the definition of a manifestly unlawful order and the role of the chain of command ^{[2] [4]}. The statement may also bias the reader towards assuming that service members are not aware of their moral and legal duty to disobey unlawful orders, when in fact survey data shows that 80% of active-duty military service members understand this duty ^[3]. Furthermore, the statement may benefit those who want to emphasize the importance of following orders without questioning their legality, while ignoring the potential consequences of refusing to follow an order that is later found to be lawful ^{[1] [4]}. The sources that provide relevant information to the question at hand, such as ^[2], ^[4], and ^[2], may benefit service members who want to understand their moral and legal duty to disobey unlawful orders, while sources that do not provide relevant information, such as ^[6] and ^[6], may distract from the main issue ^[6].