Posted on Jun 12, 2016
What do you do when a soldier refuses to listen to your directions?
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This is a general question. If you have a soldier who refuses to listen to you, as a non-commissioned officer, do you simply put the incident on paper?
Example given- A soldier has unauthorized sunglasses on in a formation. You tell the soldier to take the sunglasses off. He/she refuses.
On the 4856, do you recommend for UCMJ? I've gone thru 600-20 and cannot find anything regarding this
Example given- A soldier has unauthorized sunglasses on in a formation. You tell the soldier to take the sunglasses off. He/she refuses.
On the 4856, do you recommend for UCMJ? I've gone thru 600-20 and cannot find anything regarding this
SGT
Squad Leader
Discipline
Team Leader
Posted >1 y ago
Responses: 770
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On the first 4856, you state that if the behavior continues, you could push for UCMJ action. The second or 3rd, you push for UCMJ
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SSG Joseph Henderson
I don't think giving another chance would work with this one. The SM clearly has an issue. Making a mistake is on thing but this is a clear act of disobedience. Showing up late warrants a warning not to let happen again. When an on the spot correction like this is made and the SM just refuses to comply immediate recommendation for UCMJ is warranted.
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You always say if this continues UCMJ will be recommended then You always put the "Magic bullet" or "Magic blurb" at the bottom so that if the situation continues you have the option to use UCM appropriately
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1LT William Clardy
Sergeants are authorized to make adjustments to uniforms, SSG (Join to see), as a means of correcting soldiers' mistakes -- e.g., straightening a gig line.
The proper way to do it is to warn the soldier that you are about to adjust his or her uniform, so that there is no perceived threat that the soldier might need to defend against, and then carefully remove the sunglasses from his face. You can then explain to him when and how he may recover his property, and send him on his way unless he chooses to argue a losing position.
Note that this approach implicitly re-emphasizes the military relationship and your authority. It also means that if he lifts a finger in an attempt to physically stop you from correcting his uniform, he is unquestionably the one creating the threat which you are entitled to forcefully defend yourself against.
The proper way to do it is to warn the soldier that you are about to adjust his or her uniform, so that there is no perceived threat that the soldier might need to defend against, and then carefully remove the sunglasses from his face. You can then explain to him when and how he may recover his property, and send him on his way unless he chooses to argue a losing position.
Note that this approach implicitly re-emphasizes the military relationship and your authority. It also means that if he lifts a finger in an attempt to physically stop you from correcting his uniform, he is unquestionably the one creating the threat which you are entitled to forcefully defend yourself against.
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Make sure you are keeping paperwork on this behavior and counseling the individual.
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There are errors of enthusiasm, errors of inattention, and errors of malice. Refusal to follow a lawful order is an error of malice. Will this soldier advance on an enemy position if ordered to do so? If I was in command, I'd take it to a very public special court-martial with representation from every subordinate unit with a TO&E NCO as the leader. There would be no negotiation or changing of minds. It is better to beat a dog one time, hard, than a 1000 times lightly.
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He would have pushed till his heart busted, with the sunglasses on. And depending on which SgtMaj I had at the time I might have sent him up there just to say hey, in the sunglasses. But I've been retired 15 years they may not do that kind of thing any more.
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Personelly, i will start some heavy paper work. I will make sure that i do not my career and everything that i work hard for to be taking away by private sniffy. I will not touch his/her stuff but i make sure that paperwork is properlly followed.
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Pull him aside and have a heart to heart. It's lame but it's the best course of action. Tell him everything you do is to protect him from an corrective action later. Also tell him you are getting looked at to correct him and have been told to take a more severe approach and that you are trying to avoid that.
I know it has helped with a few of my soldiers that have had attitudes in the past.
I know it has helped with a few of my soldiers that have had attitudes in the past.
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If you have a soldier refusing to follow orders then you absolutely put it on paper and push for UCMJ.
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Yes put it on a 4856 once you can prove a pattern then recommend for article 15. If it continues then recommend for a chapter.
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