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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I started to answer but I see that others have given you good advice. If you are young NCO, I suggest that you read the UCMJ. It will first explain what gives you the authority to give a lawful order and what makes it a lawful order. Then learn what regulations your branch of service has for proper wear of the uniform. Learn what is meant by being AWOL. That is all the knowledge you need in order to get by until you can go to a Leadership class. Good luck.
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I would first pull him/her aside from everyone and try to found out what is going on with that Soldier. Sometimes there is a problem going on with that Soldier and doesn't know how to cope so they "act out"
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SSG (Join to see)
And remember we as NCOs have many tools in our bag that we can use to correct misbehavior i.e. Corrective training, CAPE ( exercise through physical training) and counseling.
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In accordance with section 1-15 of AR 670-1 The soldier in in direct violation of US Army Regulations. The individual is also guilty of violating 10 U.S. Code § 892 - Art. 92. Failure to obey order or regulation The regulations are listed below. SGT Hamilton your command may have set standards for punishment of this type. At my last command the individual would have received 45 days restriction, 45 days extra duty as a base. At the Commander or 1SG's discretion possible reduction in grade by 1 pay grade and forfeiture of pay times 2 months.
10 U.S. Code § 892 - Art. 92. Failure to obey order or regulation
10. Punitive Articles
Any person subject to this chapter who–
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.”
Elements.
(1) Violation of or failure to obey a lawful general order or regulation.
(a) That there was in effect a certain lawful general order or regulation;
(b) That the accused had a duty to obey it; and
(c) That the accused violated or failed to obey the order or regulation.
(2) Failure to obey other lawful order.
(a) That a member of the armed forces issued a certain lawful order;
(b) That the accused had knowledge of the order;
(c) That the accused had a duty to obey the order; and
(d) That the accused failed to obey the order.
(3) Dereliction in the performance of duties.
(a) That the accused had certain duties;
(b) That the accused knew or reasonably should have known of the duties; and
(c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.
Explanation.
(1) Violation of or failure to obey a lawful general order or regulation.
(a) General orders or regulations are those orders or regulations generally applicable to an armed force which are properly published by the President or the Secretary of Defense, of Transportation, or of a military department, and those orders or regulations generally applicable to the command of the officer issuing them throughout the command or a particular subdivision thereof which are issued by:
(i) an officer having general court-martial jurisdiction;
(ii) a general or flag officer in command; or
(iii) a commander superior to (i) or (ii).
(b) A general order or regulation issued by a commander with authority under Article 92(1) retains its character as a general order or regulation when another officer takes command, until it expires by its own terms or is rescinded by separate action, even if it is issued by an officer who is a general or flag officer in command and command is assumed by another officer who is not a general or flag officer.
(c) A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it. See the discussion of lawfulness in paragraph 14c(2)(a).
(d) Knowledge. Knowledge of a general order or regulation need not be alleged or proved, as knowledge is not an element of this offense and a lack of knowledge does not constitute a defense.
(e) Enforceability. Not all provisions in general orders or regulations can be enforced under Article 92(1). Regulations which only supply general guide-lines or advice for conducting military functions may not be enforceable under Article 92(1).
(2) Violation of or failure to obey other lawful order.
(a) Scope. Article 92(2) includes all other lawful orders which may be issued by a member of the armed forces, violations of which are not chargeable under Article 90, 91, or 92(1). It includes the violation of written regulations which are not general regulations. See also subparagraph (1)(e) above as applicable.
(b) Knowledge. In order to be guilty of this offense, a person must have had actual knowledge of the order or regulation. Knowledge of the order may be proved by circumstantial evidence.
Army Regulation 670-1
1–15. Wear of eyeglasses, sunglasses, and contact lenses
a. Wear of eyeglasses and sunglasses.
(1) Conservative civilian prescription eyeglasses are authorized for wear with all uniforms.
(2) Conservative prescription and nonprescription sunglasses are authorized for wear when in a garrison environment, except when in formation and while indoors. Individuals who are required by medical authority to wear sunglasses for medical reasons other than refractive error may wear them, except when health or safety considerations apply. Soldiers may not wear sunglasses in the field, unless required by the commander for safety reasons in highglare, field environments.
(3) Restrictions on eyeglasses and sunglasses. Eyeglasses or sunglasses that are trendy, or have lenses or frames with initials, designs, or other adornments are not authorized for wear. Soldiers may not wear lenses with extreme or trendy colors, which include but are not limited to, red, yellow, blue, purple, bright green, or orange. Lens colors must be traditional gray, brown, or dark green shades. Personnel will not wear lenses or frames that are so large or so small that they detract from the appearance of the uniform. Personnel will not attach chains, bands, or ribbons to eyeglasses.
Eyeglass restraints are authorized only when required for safety purposes. Personnel will not hang eyeglasses or eyeglass cases on the uniform, and may not let glasses hang from eyeglass restraints down the front of the uniform.
b. Restrictions on contact lenses. Tinted or colored contact lenses are not authorized for wear with the uniform. The only exception is for opaque lenses that are prescribed medically for eye injuries. Additionally, clear lenses that have designs on them that change the contour of the iris are not authorized for wear with the uniform.
10 U.S. Code § 892 - Art. 92. Failure to obey order or regulation
10. Punitive Articles
Any person subject to this chapter who–
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.”
Elements.
(1) Violation of or failure to obey a lawful general order or regulation.
(a) That there was in effect a certain lawful general order or regulation;
(b) That the accused had a duty to obey it; and
(c) That the accused violated or failed to obey the order or regulation.
(2) Failure to obey other lawful order.
(a) That a member of the armed forces issued a certain lawful order;
(b) That the accused had knowledge of the order;
(c) That the accused had a duty to obey the order; and
(d) That the accused failed to obey the order.
(3) Dereliction in the performance of duties.
(a) That the accused had certain duties;
(b) That the accused knew or reasonably should have known of the duties; and
(c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.
Explanation.
(1) Violation of or failure to obey a lawful general order or regulation.
(a) General orders or regulations are those orders or regulations generally applicable to an armed force which are properly published by the President or the Secretary of Defense, of Transportation, or of a military department, and those orders or regulations generally applicable to the command of the officer issuing them throughout the command or a particular subdivision thereof which are issued by:
(i) an officer having general court-martial jurisdiction;
(ii) a general or flag officer in command; or
(iii) a commander superior to (i) or (ii).
(b) A general order or regulation issued by a commander with authority under Article 92(1) retains its character as a general order or regulation when another officer takes command, until it expires by its own terms or is rescinded by separate action, even if it is issued by an officer who is a general or flag officer in command and command is assumed by another officer who is not a general or flag officer.
(c) A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it. See the discussion of lawfulness in paragraph 14c(2)(a).
(d) Knowledge. Knowledge of a general order or regulation need not be alleged or proved, as knowledge is not an element of this offense and a lack of knowledge does not constitute a defense.
(e) Enforceability. Not all provisions in general orders or regulations can be enforced under Article 92(1). Regulations which only supply general guide-lines or advice for conducting military functions may not be enforceable under Article 92(1).
(2) Violation of or failure to obey other lawful order.
(a) Scope. Article 92(2) includes all other lawful orders which may be issued by a member of the armed forces, violations of which are not chargeable under Article 90, 91, or 92(1). It includes the violation of written regulations which are not general regulations. See also subparagraph (1)(e) above as applicable.
(b) Knowledge. In order to be guilty of this offense, a person must have had actual knowledge of the order or regulation. Knowledge of the order may be proved by circumstantial evidence.
Army Regulation 670-1
1–15. Wear of eyeglasses, sunglasses, and contact lenses
a. Wear of eyeglasses and sunglasses.
(1) Conservative civilian prescription eyeglasses are authorized for wear with all uniforms.
(2) Conservative prescription and nonprescription sunglasses are authorized for wear when in a garrison environment, except when in formation and while indoors. Individuals who are required by medical authority to wear sunglasses for medical reasons other than refractive error may wear them, except when health or safety considerations apply. Soldiers may not wear sunglasses in the field, unless required by the commander for safety reasons in highglare, field environments.
(3) Restrictions on eyeglasses and sunglasses. Eyeglasses or sunglasses that are trendy, or have lenses or frames with initials, designs, or other adornments are not authorized for wear. Soldiers may not wear lenses with extreme or trendy colors, which include but are not limited to, red, yellow, blue, purple, bright green, or orange. Lens colors must be traditional gray, brown, or dark green shades. Personnel will not wear lenses or frames that are so large or so small that they detract from the appearance of the uniform. Personnel will not attach chains, bands, or ribbons to eyeglasses.
Eyeglass restraints are authorized only when required for safety purposes. Personnel will not hang eyeglasses or eyeglass cases on the uniform, and may not let glasses hang from eyeglass restraints down the front of the uniform.
b. Restrictions on contact lenses. Tinted or colored contact lenses are not authorized for wear with the uniform. The only exception is for opaque lenses that are prescribed medically for eye injuries. Additionally, clear lenses that have designs on them that change the contour of the iris are not authorized for wear with the uniform.
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I would definitely remove the sunglasses from his/her face and let said individual know that they will be returned after the formation and after said individual is counceled by myself. This course of action woul only be if this were a first time offense and there would definitely be an ass chewing during the entire process. This soldier has disobeyed a direct lawful order from a NonCommissioned Officer. If SNM is a repeat offender, then I go straight to the paperwork and fry them. There's no room for insubordination like this in any branch of the service.
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If he was out of uniform, hold uniform inspections for your entire squad ever hour on the hour late into the evening. Make them go somewhere like the orderly room, away from their barracks. Your squad will help this failed attempt at procreation to understand what is a squared away uniform.
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Threatening a soldier with paperwork isn't leading. Your using the authority above you to beat him over the head. The first thing is to get him/her out of formation. Have his Tank commander/crew or Squad leader/squad remove him. later find our what is causing this behavior, not using the threat of an article-15. Find out what's behind it. Remember your the father of the company, not a task master. As a first sergeant you job is to lead and care for the soldiers, not beat them over the heads. I would just like to say the advice I've given is for peace time in garrison. Having been in combat. If it were a combat situation this jackass could get everyone killed. Hit him in the mouth with a rifle butt. Yes there will be NCO's and officers who will say I should be prosecuted for striking a subordinate Before you make that remark think of this. In combat its life or death. Its not a place for a peacetime shoeshine boys . If your a leader lead---If not get out of the way.
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I won't lie. The fact you had to ask this question here hurts my inner motivator. You should already have an internal SOP within your unit. The generic approach is verbal correction, written correction, formal counseling, page 11 and ultimately NJP. Should an issue with sunglasses go that far? Absolutely not. Honestly you need to create a mentor relationship with a senior member and figure things out. Because you asked on a public forum I am forced to assume you don't have a functional relationship with your immediate SNCO. You need to create that bond and learn a thing or two form them.
Minor corrections should be just that. Minor. Tell them to correct themselves and move on.
Minor corrections should be just that. Minor. Tell them to correct themselves and move on.
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That soldier is in need of some extra training. The front leaning rest position was always a good start along with a well written counseling statement followed by UCMJ if the behavior continues.
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I know one thing for sure. I didn't have balls enough to tell my NCOs no. They didn't even like being asked why. I would usually ask from a learning and reasoning stand point, but "because I said so" was the answer I always got.
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