How do you inform a soldier that he is a soldier outside of drill and that he still has to provide info and do as he is instructed?

2017-12-05T15:10:13-05:00

I am a team leader, and have been requested by my squad leader to get information form my soldiers. I sent out a text for them to answer what was needed. I have had 2 of 3 responses back. The third after a second text stated that he is at work and that he wasn't to be bothered. The text was very disrespectful and I cleaned it up a little. We are going to be on federal orders soon and I need to pass info up the chain. What can be done other than article 91, and 92, if anything.

CSM Jane Baldwin, SFC Mary Beaver, CSM Johnathan Bentley, CSM William Bennett, SFC Heather Sanchez

Response by SPC David Willis made Dec 5 at 2017 3:16 PM

2017-12-05T15:16:37-05:00

Not sure in the way of regulations, and I'm also not sure if while not on drill status soldiers are actually obligated to do anything they don't want to do, but if he was my guy he'd be doing some PT the next time I see him in uniform.

Response by SGT David T. made Dec 5 at 2017 3:25 PM

2017-12-05T15:25:15-05:00

I think Article 2 of the UCMJ would be worth a read. Unless you are on Federal orders it does not apply to the guard. So UCMJ doesn't appear to be an option. There maybe a state reg you could use but I do not know.

Response by MAJ Private RallyPoint Member made Dec 5 at 2017 4:11 PM

2017-12-05T16:11:23-05:00

Counsel the Soldier and put it in writing. Create a plan of action and follow up on it. The biggest issue leaders have with counseling is follow up. Sit the Soldier down and explain that his/her attitude won’t be tolerated. I would also talk to the Soldier to see what is going on in their life. With some Soldiers, stress manifests itself through poor attitudes. Find out if they are having issues or you just caught them on a bad day. Continue to counsel in case they can’t be rehabilitated. Chapters and UCMJ must be echelons. Try to help them fix them self, but build the packet just in case.

Response by LTJG Private RallyPoint Member made Dec 6 at 2017 8:17 AM

2017-12-06T08:17:37-05:00

Well.... according to UCMJ, if you are in the reserves, you are only subjected to the UCMJ if you are active or on drill. If this soldier disrespected you DURING DRILL HOURS, then they are subject to the UCMJ; however, if it is outside drill then you have no real say in anything. On a better note, you can give them a lawful order during drill hours to get them the information to you by a certain date then they must do so because you gave the order during drill hours. It just seems like right now though, they are being disrespectful civilians. Bring it up your chain and discuss with them what to do with the individual for the next drill date. Attached is the reference regarding reserve personnel and subjection to the UCMJ.

Article 2, Subsection (a), Paragraph 3: Members of a reserve component WHILE ON INACTIVE-DUTY TRAINING, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service.

Response by SSG Private RallyPoint Member made Dec 8 at 2017 8:46 AM

2017-12-08T08:46:06-05:00

First, I would have called him right after that text message, if this is information for a an upcoming training event, reserve soldiers know what their responsibilities are, your hands may be tied as far as punishment until you get him for drill weekend. Plus when I was over my platoon, we used text for some things but important information etc we were required to physically talk to our soldiers to ensure that was the person and not someone else replying via text.

Response by SSG(P) Private RallyPoint Member made Mar 9 at 2018 7:59 PM

2018-03-09T19:59:11-05:00

It depends on the Soldier, if he is one that you constantly have issues with, or is he a good Soldier, Another factor may be his employer, some employer's even as a cashier are unable to utilize their phones while on the clock. I would counsel him, have him explain what the issue is, also get time frame that he can e contacted daily.

Response by SGM Bill Frazer made Mar 9 at 2018 10:34 PM

2018-03-09T22:34:19-05:00

Tell him that when he comes to drill, you will have his charges ready, and after the UCMJ action, he can give you the needed info.