Posted on Mar 3, 2018
Is it a lawful order to tell a soldier they must check in with you daily via text message while not on drill status?
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Posted 8 y ago
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I agree with SGM Frazer; I don't see the point in such a practice and it would probably be best if you directed this kind of issue with your next higher up (if this is your squad leader, then direct it to your platoon sergeant). Also, for thing like this, I would expect that there be a counseling statement that usually accompanies such a thing; did you get counseled as to why this is being done and why it is important; if not, first red flag that you probably do not have to do this. If so, did the counseling not cite a regulation or SOP that was being followed in order to do this action? If not, red flag number two.
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SGT Jamarl Jones
It wouldn't matter if there was a counseling or not.... You can't enforce Article 92 on a soldier that isn't even bound to the UCMJ at the time that the would-be violation occurred.
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OK, so we are talking NG, USAR I assume. Why would this be necessary unless the unit had some kind of alert status requirement?. I could certainly see checking in with status changes between drills, and updates from higher on upcoming drill requirements/prerequisites. You might elevate this one level higher on the chain of command, if you can't get a good answer from who ever issued the order.
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SPC (Join to see)
Yes SGM, NG USAR. Platoon Sgt asked me to text him daily explaining what I had accomplished for PT. Had a family matter come up about a week in and didn't text him for a few days but I heard nothing from him. When I texted him back and explained my communication lapse and gave him the update of what I had been doing he got pretty upset and told me he had given me a lawful order and I had better follow it.
He had not laid it out as an order or as even a formal military expectation until that point. I had assumed he was wanting to keep me on track and I can understand that but now I'm worried I might end up with a counseling for something fairly trivial. maybe I'm paranoid.
He had not laid it out as an order or as even a formal military expectation until that point. I had assumed he was wanting to keep me on track and I can understand that but now I'm worried I might end up with a counseling for something fairly trivial. maybe I'm paranoid.
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SGT Jamarl Jones
SPC (Join to see) - If it were me, I would tell him that my phone only works when the military is paying me. But I'm a smartass like that. His expectation that you should have to use your own, unpaid, time to facilitate military business is immoral, and possibly illegal under the FLSA. I imagine a call to the IG would probably cover yourself pretty well.
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SGM Bill Frazer
So is he saying the you have a PT problem, and he is/has you on a PT program to meet requirements?. If that is the case, then he may be justified, since to him it might appear that you slacked off. @. Folks are saying its not enforceable, which might be true- but if he is trying to keep you in the service, then being a lawful order wouldn't matter as much. since he appears to seriously concerned with your welfare. Counseling statements are not career killers, but if you are on some PT program due to low scores/failure then you may s have given him ammo down the road for a PT failure chapter.Without all the info we are having to do a lot of assumptions, which is Never good.
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SSgt (Join to see)
With the context you provided, CSM Frazer has an excellent point. If he is taking a proactive role in showing an interest that you are maintaining your PT, he may genuinely want you to succeed. However, getting upset about it may not have been the right move on his part. In the Air Force, if a specific AFI or UCMJ article is not broken, you can rebut a derogatory counseling.
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I retired in 2014, so things may have changed - but the only time I've instructed my troops to give me a simple SITREP on a daily basis was:
A) During the final countdown for a deployment
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B) After I called a briefing and got everyone's buy-in
Short answer: MET-TC dictates
A) During the final countdown for a deployment
AND
B) After I called a briefing and got everyone's buy-in
Short answer: MET-TC dictates
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