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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Responses: 770
SFC James Valero
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Set him up for failure!
Recommend Soldier for urinalysis, then counsel on duty performance as "Consistently late"
Refusal to submit to drug screening is grounds for "Suspicion of deception" because refusal to show dilated pupils is an indicator of substance abuse...do so publicly, but not maliciously:
"Sunglasses again? Ok, random drug test after formation...oh you can keep them, paperwork is already started." -Classic passive aggressive
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SGT Dennis Bolin
SGT Dennis Bolin
>1 y
thats stupid ass hell if you already believe sm is doing drugs you and sm both need piss test
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MSG Kerry Edwards
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I would council him/her in writing about the wearing of unauthorize sunglasses and put them on a few days of extra training.
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SFC Ira Moe
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I would suggest you take them off, put them in your pocket and tell the soldier he will get them back at the end of the day.
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SGT Dennis Bolin
SGT Dennis Bolin
>1 y
come on IRA you need to serve in a combat mos for a day they do allow women now
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MSgt Dennis Bailey
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If the formation is moving. Call an immediate halt. Announce to the formation that you are going to keep them there, until you decide whether to seek non-judicial punishment against the troop for violating regulations, and disobeying a lawful order. Then place them at ease, and let peer pressure take it's course. If after a couple of minutes the disobedient troop hasn't complied with your order, pull him out of formation, and have a ranking individual take over the formation, so you can escort the troop to the First Sergeant and have him/her read their article 32 rights... If peer pressure works, have a counseling session later that includes the troop's supervisor and First Sergeant. Sometimes letting the troop see the Manual for Courts Martial and the punishments authorized for the crime, brings them back to the military reality.
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SGT Dennis Bolin
SGT Dennis Bolin
>1 y
i suggest you learn to get your point across by less pie hole movement. oh wait my bad i see your branch of service now i suggest that you take away his or her free flights.
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MSgt Dennis Bailey
MSgt Dennis Bailey
>1 y
SGT Dennis Bolin - I see that you'd rather someone be inaccurate so they can use fewer words. I was giving someone a method that would work, based on my 20 years of experience and my service as the First Sergeant of my unit. I won't disparage your branch of service. I worked Joint Service for over half my career. I will say that you pie-holed more by sending your response. Happy trolling.
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MSgt James Long
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Disobedience of a lawful order. Due process and chain of command. Without obedience, there can be no order or discipline.
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SSG Calvin Grant
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First thing you have to do as a Non-Commissioned Officer is look in the mirror and ask yourself how did this come to be. E-4's and below are never wrong, they are only as wrong as we allow them to be. Bring the soldier in sit him or her down and see if their is any underlying issues. UCMJ should be the last recourse for a Non-Commissioned Officer (unless it is a serious offense) you have plenty of tools in your toolbox to correct this trivial issue. There was a time when the NCO Creed stood for something.
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SSG Calvin Grant
SSG Calvin Grant
>1 y
When did Non-Commissioned Officers stop being Non-Commissioned Officers because of their unit of assignment. The tabs you wear, the number of tours you've had, the medals on your chest nor what if any degree you have matters when you pin your rank be it Corporal - CSM. Sounds like SFC Boyd would make a good squad member.
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SSG Calvin Grant
SSG Calvin Grant
>1 y
A Non-Commissioned Officer also does more than see his brethren go outside then lines and does nothing about it. You say it doesn't make it okay SSG Fulton but you seem to have accepted the behavior.
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GySgt Charles O'Connell
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After I had disposed of the offending eyewear I would come up with a training exercise to be undertaken by errant young Soldier/Sailor/Airman/Marine that would set forever in their brain housing group the importance of, "cheerful willing obedience to orders". And how failing to adopt a correct attitude could possibly have a detrimental affect on their future military career, not to mention their immediate health.
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SFC Charles Pervall
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You have to due to the fact that the soldier is disrespecting the NCO in front of the other soldiers. This was probably not the first time. As a NCO you must demonstrate to everyone that this behavior will not be tolerated. I think I once read something about disoberying a lawful order. I'm sure there is some sort of UCMJ punishment for this.
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SMSgt Sheila Berg
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Have a meeting with First Sergeant, yourself and the Soldier. It will take the pressure off of you. The 1st Sgt. Should document the meeting for future problems. Find out what's behind the resistance.
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GySgt Jerry Austin
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Unless they are prescriptive sunglasses and medically required, this person is disobeying a lawful order. He or she is subject to the UCMJ, article 15, NJP. As being an old Gunny I would probably just remove them and crush them into little pieces and if the whiner goes complain to some softhearted superior so be it. I have no issues in having a back room talk with any of my superiors, especially when it comes to a Marine, Soldier, Navy or Air Force person disobeying a lawful order (Article 91—Insubordinate conduct toward warrant officer, NCO, or PO).
Elements that pertain to disobeying a lawful order
Disobeying a warrant, non-commissioned, or petty officer.
(a) That the accused was a warrant officer or enlisted member;
(b) That the accused received a certain lawful order from a certain warrant, non-commissioned, or petty officer;
(c) That the accused then knew that the person giving the order was a warrant, non-commissioned, or petty officer;
(d) That the accused had a duty to obey the order; and
(e) That the accused willfully disobeyed the order.
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