Posted on Jul 12, 2016
CW4 Brian Haas
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CW5 Command Chief Warrant Officer
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Yes. Depending on what the content is and what the circumstances are. An NCO can but shouldn't unless there is a command need. I cannot think of an example aside from in processing and counseling about off limits locations. But even then the NCO is acting as a voice for the commander. Not acting on their own authority.
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CW4 Senior Material Integration Officer
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CW4 Brian Haas - Did he pull out his stress card? I'm sure he probably went home and cried after you hurt his feelings by telling him the truth.
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CW4 Brian Haas
CW4 Brian Haas
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I'm sure that's next. It's probably the first time I've truly laughed at someone. As I walked out of his office and told him to forward it through the commander.
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SSG Chris Restemayer
SSG Chris Restemayer
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True, but that is really open to subjective interpretation of a person hearing it, which doesn't necessarily have to be the person the language is directed at (as evidenced by the enhanced punishment doled out if it's at a child), provided they have the power to bring the charge. It kind of falls squarely in Justice Stewart's "I know it when I see it" thing. It's academic. I mean, I swear. Everyone I know in the military swears. I've never even heard of anyone being charged with it (maybe as an additional charge to something more serious just to twist the knife a little bit... like how I had a commander who would automatically add "disobeying an order" charge to every UCMJ action he brought, just for good measure... I guess I could see that.)... and, the way your situation sounds maybe there is some commander somewhere that has virgin ears and easy offended sensibilities that would take exception if they overheard, but i doubt it.... still... technically possible to charge someone with swearing.
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LTC David Strong
LTC David Strong
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SSG Chris Restemayer - Yes, it might be possible, but when the individual rejects the UCMJ and demands a court martial, you better be 110% correct that it will stand up to the scrutiny of a court martial or you will have embarrassed the command and and chance of punishment for whatever perceived infraction occurred. For basic swearing, such as what the Chief was alluding to, you have probably a negative chance of success, but you could be laughed out of 99.9% of the commander's offices.
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