Posted on Jun 12, 2016
SSG Emergency Action Controller / Ops Nco
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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
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SGT Michael Mainguy
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Easy...Tell everyone in formation (assuming it's your formation) that you need to go consult JAG (works best in the rain/heat)...put next in command in charge of the formation...then let the formation simmer...I'm quite sure the problem will eventually work itself out... More entertaining if you bring in the 1sg, SGM, Higher levels of command to "consult" on the situation and ask advice about what should be done. Then of course (since this soldier is obviously having problems with sunlight). Conduct some nighttime land navigation so that this "special snowflake" can be accommodated... If you have the time and good rapport with your chain of command this can be a really fun learning experience for everyone. Very professional...everybody can learn a great deal...and even your special snowflake gets some training and experience with his "specialness"...and of course and article 15 could be handed out for disobeying a lawful order...I'd generally not go to article 15 there unless it was a routine thing. Assuming this is in garrison and there was no time pressure that couldn't be worked around. Another nice option might be to suggest to the entire formation that they need to all go get sunglasses so the unit is "uniform"...and you can meet at 23:00 to validate that everyone is up to the new uniform standard (add to the reg, don't take away). Other options include full battle rattle, maybe and equipment inspection of full gear (make sure everyone has those sunglasses and 6 pair of socks) Go Army! Always loved the creative aspect of being and NCO myself...
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SSG Section Sergeant
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Some soldiers will try to challenge you to see what they can get away with. So after I remove the sunglasses myself I will proceed to smoke his balls. If that doesn't work then make the entire squad or platoon do it as well. Once he sees that you're not playing around he'll come around or continue to make his life miserable until discipline sets in.
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MSG Military Police
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1. Situation permitting, find out if there was a good reason (e.g. prescription eye wear)
2a. Depending on the Soldier, document with corrective training to
2b. Texting my 27D buddy know that he or she might want to start drafting the DA 2627.
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MGySgt Erik Burks
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Edited >1 y ago
If you cannot find a specific section don’t worry, just remember what your promotion warrant stated, “ And I do strictly charge all persons of lesser grade to render obedience.” That right there gives you the authority to make corrections and render lawful orders. If you wish to smash them, well if you are an E-9 like I was you can get away with it, an E-5 or E-6 you may get chewed out.
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1SG Mechanical Maintenance Supervisor
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Do not let the Soldier win but do not let the Soldier see you frustrated. Get another NCO to go with you and tell the Soldier again. Both of you record the incident on a 4856 and recommend UCMJ. Just put date time and circumstance on the counseling and don't waste your time looking through the Manual of courts martial, Top has that on lock. But, make sure you are not singling out just that one Soldier. Make sure that you are the same way with everybody.
Refusing orders is dangerous and creates bigger problems when others watch it. Make sure you deal with this Soldier away from everybody AND WITH YOUR TRUSTED NCO BUDDY! Don't be lazy and let an hour go by without doing that counseling. BUT, after the counseling, move forward and treat the Soldier like the day is new and that event is the past, it will screw with his mind and cause his own inner shame without you saying or doing anything other than the counseling.
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CPT John Gilmore
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Group PT usually fixes the issue.
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SGT Josh Johnson
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If he's your soldier, then immediate corrective action should remind the soldier as well as make an example for the others. Quote AR 670-1 as well as his responsibility to follow his oath to obey the NCO s and officers appointed over him, while he is doing inclined pushups. If he still refuses, take it to your 1Sgt for more punitive measures. If he is otherwise not normally your soldier (I.e. tasked to guard duty), then refer it to both your task commander with the recommendation that his commander follow-up with the soldier after he is removed from your roster. UCMJ allows for the judicial punishment of soldiers who dont or wont follow lawful orders.
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SSG Charles Davis
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Too easy! Failure to obey a lawful order by a non-commissioned officer. The sunglasses are not authorized under 670-1. Put it on paper along with some extra duty!
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SGT James Hulon
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Coming from and old Infantry background, remedial training needs to take place. If you have a good team leader or squad leader that knows how to take care of his joes than you would have less UCMJ and a stronger more collective squad. Punishment can be done on the lower level and will make the soldier more effective and respect the leader that much more. I've seen a good leader turn some of the worst soldiers into top notch paratroopers without UCMJ. They used a good old fashion smoking and got the point across.
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SGT Thomas Simmons
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You told the soldier remove the sun glasses, and the soldier refused is disrespect to a NCO. Article 91 or 92 disrespect to a NCO or Warrant officer. Put it on paper and recommend UCMJ.
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