Posted on Feb 2, 2020
Are verbal confirmations (VOCOs) legally binding direct orders under UCMJ?
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If the Commander supposedly gives a VOCO to not do something, but does not put it in writing, email, or policy letter, and someone else tells us the Commander gave a VOCO, are we legally bound under UCMJ to follow it?
Posted 5 y ago
Responses: 24
UCMJ ART 92: "having knowledge of any other lawful order issued by a member of the armed forces and fails to obey the order."
Regardless if it was "someone else" telling you about it, you now have knowledge of it.
If the VOCO was legal, moral and ethical, then failing to obey it is punishable under UCMJ.
If you really feel that this "someone else" was lying or misinterpreted the Commander, ask the Commander for clarification.
Regardless if it was "someone else" telling you about it, you now have knowledge of it.
If the VOCO was legal, moral and ethical, then failing to obey it is punishable under UCMJ.
If you really feel that this "someone else" was lying or misinterpreted the Commander, ask the Commander for clarification.
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The non attorney spokesperson answer is Yes it counts legally.
There is no mention in the MCM, or any reg I have every read that states a legal order must be communicated in a particular way.
That said, of course it is a more difficult deal to hold someone accountable for not obeying a verbal order, more so if the verbal order was passed on by another... That difficult in good evidence for prosecution not withstanding, it is in this non lawyer's opinion and personal observation of 28 years military service ..that yes... verbal confirmations (VOCOs) are legally binding direct orders under UCMJ.
Someones legal defense lawyer for what ever they are being accused of may have a different opinion, good luck at the trial....
There is no mention in the MCM, or any reg I have every read that states a legal order must be communicated in a particular way.
That said, of course it is a more difficult deal to hold someone accountable for not obeying a verbal order, more so if the verbal order was passed on by another... That difficult in good evidence for prosecution not withstanding, it is in this non lawyer's opinion and personal observation of 28 years military service ..that yes... verbal confirmations (VOCOs) are legally binding direct orders under UCMJ.
Someones legal defense lawyer for what ever they are being accused of may have a different opinion, good luck at the trial....
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For me, the real question is: Does the person giving YOU the order - written or verbal - have that authority? If yes, then you should follow it. If no... well, then you could just go ask your immediate boss what to do.
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