Unusual Circumstances.
Article 184.
It is conceivable that most unusual and extraordinary circumstances may arise in which the relief from duty of a commanding officer by a subordinate becomes necessary, either by placing him under arrest or on the sick list; but such action shall never be taken without the approval of the Navy Department or other appropriate higher authority, except when reference to such higher authority is undoubtedly impracticable because of the delay involved or for other clearly obvious reason. Such reference must set forth all facts in the case, and the reasons for the recommendation, with particular regard to the degree of urgency involved.
Conditions to fulfill.
Article 185.
In order that a subordinate officer, acting upon his own initiative, may be vindicated for relieving a commanding officer from duty, the situation must be obvious and clear, and must admit of the single conclusion that the retention of command by such commanding officer will seriously and irretrievably prejudice the public interests. The subordinate officer so acting must be next in lawful succession to command; must be unable to refer the matter to a common superior for one of the reasons set down in Article 184; must be certain that the prejudicial actions of his commanding officer are not caused by secret instructions unknown to the subordinate; must have given the matter such careful consideration, and must have made such exhaustive investigation of all the circumstances, as may be practicable; and finally must be thoroughly convinced that the conclusion to relieve his commanding officer is one which a reasonable, prudent, and experienced officer would regard as a necessary consequence from the facts thus determined to exist.
Responsibility
Article 186.
Intelligently fearless initiative is an important trait of military character, and it is not the purpose to discourage its employment in cases of this nature. However, as the action of relieving a superior from command involves most serious possibilities, a decision so to do or so to recommend should be based upon facts established by substantial evidence, and upon the official views of others in a position to form valuable opinions, particularly of a technical character. An officer relieving his commanding officer or recommending such action, together with all others who so counsel, must bear the legitimate responsibility for, and must be prepared to justify, such action.