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
Posted >1 y ago
Responses: 770
We had a soldier refuse the issue of a TA50, to be transferred to the Stockade. The NCOIC told us to hold, while he went to advise the Colonel who issued the field grade article 15. The Colonel told the NCO, not to issue the article 15, because he was transferring the errant soldier th Leavenworth.
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Remind the errant soldier that they are not authorized to have the article, ask them if they were aware of the policy, and if not, comply, and if they were, ask the reasoning for the action. If the reason was invalid, advise to remove, and if not, let them be accountable for their insubordination, and breaking policy
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A recommendation for UCMJ action is not required for cases like this. LOR to account for the original offense and any other refusals for the same offense is more the way to go. If memory severs me correctly, three offenses leads to a UCMJ action ( Article 15/court marshal) can recommended.
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You have multiple option here. First, you can self reflect, to see why you have reached the level of an NCO, but have not developed the respect of soldiers following your directions or orders. Also, how did you approach the subject? Was it confrontational from the start? Did you demand respect of your authority, without earning it.
Second option: A direct order does NOT have to include the words "direct order," or even just "order." Any time a direction is given by a higher rank, in authority, it is by UCMJ definition, an order. You can refer him for adjudication.
Third, and the one I would suggest as the best course of action: Take time for both to cool off. Then, take the soldier aside, and ask him why he feels he did not have to follow your direction. Then, after listening; explain why his answers are likely not acceptable. Then explain the punishment potential. Furthermore, explain that you would rather work with them, than against them. Lastly, tactfully, but firmly, get him to understand; that your RANK, not you as a person, will always win. That is, as long as you are correct, and your orders are legal.
Second option: A direct order does NOT have to include the words "direct order," or even just "order." Any time a direction is given by a higher rank, in authority, it is by UCMJ definition, an order. You can refer him for adjudication.
Third, and the one I would suggest as the best course of action: Take time for both to cool off. Then, take the soldier aside, and ask him why he feels he did not have to follow your direction. Then, after listening; explain why his answers are likely not acceptable. Then explain the punishment potential. Furthermore, explain that you would rather work with them, than against them. Lastly, tactfully, but firmly, get him to understand; that your RANK, not you as a person, will always win. That is, as long as you are correct, and your orders are legal.
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We had a few incidents back in my "stone age" days. The Petty Officer would give the man one chance to obey or face charges. The Captain had a short method to handle this type of case. 3 days bread and water. Period. If we were in port, the base brig handled it. At sea we had two cells to use if needed. Keeping a 24 hour watch on the offender was a bit of a pain and if the offender cooperated he was kept in a vacant troop space instead of the cramped cell. We seldom saw repeat offenders.
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I don't know if I should laugh, or absolutely be appalled at this freaking question being posted by a non-commissioned officer. The last time I looked you have 136 articles of the uniform code of military Justice to help you arrive at a decision of what to do with a non-compliant soldier. The fact that you're having to come to an online fourm to gain clarification on what your course of action should be, really stands to the conclusion that you probably don't need to be a non-commissioned officer.
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A military without discipline is a mob. Remind the soldier that he has been given a direct order then write him/her up, if the soldier continues to refuse. You have to be consistent in the discipline.
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I was taught early on in my enlistment that if you give an order you may need to use force to enforce that order. During Marine Combat Training our cadre had our squad leaders and fire team leaders in charge of issuing orders while we ran around the hills of Camp Pendleton. When a Marine decided to ignore an order his squad leader just gave him the squad leader just looked at the SSgt who was part of the Cadre as to what to do. The SSgt told him to kick his ass. It was entertaining for the rest of us. But realistically to lead you need a mix of trust, fear, and understanding to avoid having a subordinate ignore an order without good cause.
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