Posted on Oct 16, 2016
LTJG Ansi Officer
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Here's the background. You're a senior E5. Your troops are in formation and you're handing out work for the day. You hand out an assignment to a fresh E2 with less than a year in and only a few months at your command. They blatantly complain and tell you to choose someone else. You calmly tell them they will do this task and they tell you to shove it and give it to someone else. How do you react?
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SPC Chris Ison
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Well you have three options here.

The FIRST thing i would do regardless of the the other three are push ups as an on the spot correction. And if he refused to do that I would immediately go to option number 2.

Option 1. smoke session, after hours.

Option 2. Formal counseling, and smoke session after hours.

Option 3. Article 15 disrespect to an NCO, and Violation of a lawful order (1 count for refusing the assignment, 2 if he refused the push ups).

I would also counsel the soldier informally, to see where he stands. If he is flippant in the counseling session I would make it a formal counseling session. I would also immediately log the insubordination in a log book (you will need this later).

There are three things that could be happening here:

1. The Soldier is not used to Garrison life, because he just came off AIT, and he may be a little burnt out. This happens, it happened tome in the Navy my A School was 9 months long, then i had 10 weeks of fligth crew training. It took me about 6 months to relax from the training environment, which was very hard on me, because I had A LOT of issues when i first joined the Navy.

2. He is feeling out the waters, trying to see if he can walk all over you, and he may not be fully aware of what is going to happen to him. He may not understand that he has violated the UCMJ, and what those punishments can be. That is why I would counsel him informally. Explain to him that an Article 15 can result in confinement up to 30 days, loss of rank, and a fine of half his pay for 6 months. And that further disobedience can lead to a Bad Conduct Discharge, and that this is his first strike in that regard.

3. He may have decided Army life is not for him, and as such he may be looking to get discharged. He may be a barracks lawyer, and think he is going to get off with an administrative separation and an other than honorable. I would NOT let this happen. He signed the papers, he asked to be there, and now he wants to go home? I would send him home with a Big Chicken Dinner.

I would check with legal, i am not sure exactly what has to happen but i think two or more article 15's in the space of 6 months can be used as a BCD. I would definitely document everything disrespect, refusal to obey, and lack of performance; this is going to be very important too, as there is a malingering charge in the last article of the UCMJ. And then I would article 15 him the two times, and then on his third infraction and I would court martial him, and give him the BCD.
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SSG Cameron Henson
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How do you graduate from BCT/AIT lacking in military bearing? Remedial training is required, ASAP.
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1SG Combat Engineering Senior Sergeant
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I miss the days when this kind of behavior occurred, you would "invite" the young misguided soul to the rear of the nearest structure and practice your heavy bag skills (it wasn't personal, just business). Unfortunately we have become a kinder and gentler military, and we don't receive the support from the person who has the NJP authority when they say, that the young malifactor should get a second,third, fourth and so on chance. The military had become a social experiment and I just don't know how we as professional (Soldiers, Marines, Airmen, Sailors) can correct that.
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SFC Charlie Broadus II
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OMG!!! I would go postal, He would be on every shit detail I could find and hope he give me a reason to write him up, he would never see E-3 and dread the day he disrespected me
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PO2 Cryptologic Technician (Interpretive)
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I give him a counselling and remind him that failure to follow lawful orders will result in outprocessing. I give his tasks for the WEEK to his teammates and force him to shadow them as they do both their own job AND his! His persiective will change faster than he can say "yes Sergeant"!
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SGT Charles Derouen-Kately
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On spot correction or mass punishment While the E-2 is Infront of the formation. The old way!
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SSgt William Self
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As a matter of fact----step back in time to 1969. The military started pushing the all volunteer force coming soon. I was E-5 and crew chief on mid shift one night. We had an IG Inspection coming through in the morning. At 4:00 am I went to the break room where an E-2 was on break. He was sleeping. Not authorized activity. I told him to get up and buff the hallways for the Inspection coming through in the morning. He refused. I could not make him get up and buff the hallways. I put him on report expecting him to at least receive an Article 15. Three days later we were on day shift. The Commander called us both into his office. The Commander slapped the kid on the wrist and dismissed us. As we were leaving he said, "Sgt. Self, stand back!" I returned to his desk and he chewed me out. Told me if we are to get these young people to reenlist we were going to have to ease up on them. Standing before his desk, I made the decision to get out at the end of my next enlistment. And I did. I wonder if the commander got the negative attitude to reenlist and which one of us he would rather have had.
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SGT Robert Martin
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Well, still trying to wrap my mind around this. Maybe, just maybe, I should check with my NCOIC. This issue should absolutely be handled swiftly, and in the open. If I was in the E5 position, well not sure that's allowed now days, but I can say this skitter wing would be motivated.
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SFC Joe Pilgrim
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I would fall on the ground laughing.The whole platoon would see me laughing but after catching my breath I would say"let's talk".I would take him somewhere and see if he wanted a military career or he wanted trouble. I would gladly help him either way.That being said I never had that problem during my fifteen years as a NCO.
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Sgt James Gross
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I would pull the E2 aside after formation with a witness to the conversation and tell the E2 either he does as ordered or face an Article 15 at the CO's discretion for the first offense and if he wants to repeat his continue with his insubordination then face a Courts Martial for the second offense after my report goes to the CO. Either way he will be an example of what not to do when he ordered to carry out an assignment.
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