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As a still somewhat new Non-Commissioned Officer (1.5 years), I am always trying to find the best possible way to mentor and teach my soldiers how to one day become NCO’s themselves. Then you have one soldier who always tip toes on the line of obeying and disobeying. Example: We have a curfew of 00:00 as a Division. Our Company has a curfew of 23:15 in order to get 100% accountability to report to higher. This 23:15 curfew isn’t written down anywhere but is more a lawful order (from our 1SG not commander). So the soldier tip toeing the line consistently stays out past 23:15 but is on post before 00:00. When called I tell him/her to get on post and he/she decides to go get food before going on post.
What would you guys do in this situation? Is this punishable under Ar92?
What would you guys do in this situation? Is this punishable under Ar92?
Posted in these groups: 
Article 15
Punishment
Article 15 Punishment
Posted 6 y ago
Responses: 2
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You're misunderstanding the term "lawful order". That is a legal term and not a guideline. Your 1SG cannot issue lawful orders any more than you can.
If your company commander publishes a policy that states the curfew is 2315, the SM is briefed on it, and chooses to disregard it, then he has disobeyed a lawful order. If you or your 1SG state that everyone should meet the curfew and the SM disregards it, then you can counsel him for failure to follow the guidance and direction provided by his NCOs.
If your company commander publishes a policy that states the curfew is 2315, the SM is briefed on it, and chooses to disregard it, then he has disobeyed a lawful order. If you or your 1SG state that everyone should meet the curfew and the SM disregards it, then you can counsel him for failure to follow the guidance and direction provided by his NCOs.
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This would not be punishable under Article 92, but you could make the argument for Article 86(3) Any member of the armed forces who, without authority absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed.
As well as Article 91(2) Any warrant officer or enlisted member who willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer.
As well as Article 91(2) Any warrant officer or enlisted member who willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer.
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