Posted on Nov 18, 2015
Can a BN commander tell you not to drive your POV and you have to follow that order?
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I had a motorcycle, Our Post Policy says we can drive them all year round as long as the roads are green. Our BDE Command has said no driving after 1 NOV or first snowfall. It have never been written into a Policy memo at all, Just word of mouth. I was the BN Command Group Driver for out BN. I drove my bike to work one day and told me that i wasn't supposed to be riding that. The BDE Commander put out after 1 NOV no body rides, and i don't want you to get caught be someone higher up and have them yell at you and me. I was like HOOAH RGR. I figured this was only on post. Thats how i perceived it. I get into a wreck a few weeks later. Luckily no really serious injury. Bad bruises. No the BN CMD is saying i disobeyed a direct order and operated in the grey lines. I've done my research there is nothing they can do to get me in trouble. But they relocated me out of my position as the driver. They say they are not pursing UCMJ but i feel that im walking on thin ice now. That if i do something slightly wrong or mess up. they will drop the hammer. Can anyone give further guidance on this kind of situation.
Posted 9 y ago
Responses: 9
I would say it's an IG thing don't go make a complaint but maybe an inquiry.
It was "put out" but how I've heard lots of misinterpreted, reinterpreted, an made up policies. Put out in formation, in command and staff, to BDE safety? Word of mouth is not a direct order.
Add to but not take away is also misused at times and overstep regulations sometimes (not saying in this case)
All that being said if you are on "the list" then they may look for something. Or come down hard on something slight. Army politics if someone has it out for you and knows the regs they can go after you. Keep your nose clean
It was "put out" but how I've heard lots of misinterpreted, reinterpreted, an made up policies. Put out in formation, in command and staff, to BDE safety? Word of mouth is not a direct order.
Add to but not take away is also misused at times and overstep regulations sometimes (not saying in this case)
All that being said if you are on "the list" then they may look for something. Or come down hard on something slight. Army politics if someone has it out for you and knows the regs they can go after you. Keep your nose clean
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Here is how I see it. You can add to policy but never really take away. Even though Post Policy is allowing year round, your BDE Commander made a verbal order to not drive after 1 NOV or first snowfall. That should be taken as a direct, lawful order. Just to be on the safe side, stay off the bike until the Spring.
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SPC (Join to see)
and like i said i think their waiting to see if i make a little screw up which we all do. and then their going to burn me
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MAJ (Join to see)
Driving a POV is a privilege that the commander can easily take away or restrict. They would just need to provide a means to get you to your duty assignment if they restrict your vehicle.
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SPC (Join to see)
MAJ (Join to see) I like to disagree. If it's not in writing than it cant be enforced, what if a soldier wasn't there when it was said and nobody told him. Sounds like the army trying to control your life cause it gets off on that crap
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SSG Roger Ayscue
SPC (Join to see) - Maybe, but lets be honest, how happy would your O-6 Brigade commander be when a E-4 tells him to "Pound Sand"? If you took this to the IG, you MIGHT prevail, but is it really worth falling on your sword over? And, by the way, you did wreck the bike, weather related or not, your accident is ammo to prove the Brigade Commander was correct (Correct or not). If you fight this, please let us know how it works for you.
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I do not believe he can. As long as the post commander is giving you the OK your battalion commander should not be able to supersede his order
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MAJ (Join to see)
A commander can always add to just not take away from the policy. In this case the restriction is more stringent so that's OK so long as it is compliance with other laws/regulations.
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