Can leadership threaten a soldier not to talk to another soldier with UCMJ?

PFC Private RallyPoint Member — Sun, 06 Jan 2019 03:08:08 -0500

Like telling a soldier that if she talks to a certain soldier she will get wrote up and UCMJ. Can they tell you who you can and cant talk to?

Response by 1SG Private RallyPoint Member made Jan 6 at 2019 3:38 AM

1SG Private RallyPoint Member — Sun, 06 Jan 2019 03:38:39 -0500

Yes they can. But need more info then that to give proper guidance.

Response by SSG(P) Private RallyPoint Member made Jan 6 at 2019 5:09 AM

SSG(P) Private RallyPoint Member — Sun, 06 Jan 2019 05:09:54 -0500

Yes and no. A commander may impose a no contact order. If the no contact order is broken than ucmj action can be taken. Unless there is a legal precedent such a court order saying no contact or as mentioned above. The NCO would not have much to stand on. How ever if an NCO tells a soldier not to contact a person for what ever reason. Said soldier does. They get written up for disrespect and disobeying a lawful order.

Response by CH (CPT) Private RallyPoint Member made Jan 6 at 2019 6:53 AM

CH (CPT) Private RallyPoint Member — Sun, 06 Jan 2019 06:53:35 -0500

Yes they certainly can. And, the full reasons aren't always appropriate to disclose. If the involved Soldiers don't understand why, they should inquire, though my guess is at least one of them knows. If they have further question they can utilize the open door policy.

Response by SGT Joseph Gunderson made Jan 6 at 2019 9:47 AM

SGT Joseph Gunderson — Sun, 06 Jan 2019 09:47:22 -0500

Of course.

Response by SFC Ralph E Kelley made Jan 6 at 2019 9:49 AM

SFC Ralph E Kelley — Sun, 06 Jan 2019 09:49:06 -0500

Yes - they might not have finished their investigation.

Response by Cpl Benjamin Long made Jan 6 at 2019 12:46 PM

Cpl Benjamin Long — Sun, 06 Jan 2019 12:46:32 -0500

yes, It would violate art. 92 If the order was issued by a commanding officer. The only person that you cannot be forbidden from talking to is the unit chaplain or your attorney

Response by Cpl Benjamin Long made Jan 6 at 2019 12:53 PM

Cpl Benjamin Long — Sun, 06 Jan 2019 12:53:22 -0500

well, the CO's order has legal standing... if you have a problem with it you can sue the CO in federal court and get a TRO against his order...

Response by SFC Private RallyPoint Member made Jan 6 at 2019 1:41 PM

SFC Private RallyPoint Member — Sun, 06 Jan 2019 13:41:16 -0500

You are intentionally being spotty with the details in order to get the answer you're looking for. A commander can do just abiut anything that isn't specifically prohibited. If you want a real answer, then you should explain the entire situation in your question.

Response by PFC Private RallyPoint Member made Jan 6 at 2019 2:42 PM

PFC Private RallyPoint Member — Sun, 06 Jan 2019 14:42:00 -0500

Response by PFC Private RallyPoint Member made Jan 6 at 2019 2:42 PM

PFC Private RallyPoint Member — Sun, 06 Jan 2019 14:42:38 -0500

Response by LTC Jason Mackay made Jan 6 at 2019 3:08 PM

LTC Jason Mackay — Sun, 06 Jan 2019 15:08:46 -0500

PFC Private RallyPoint Member yes. It’s called a no contact order.

Response by Sgt Aaron Kennedy, MS made Jan 6 at 2019 5:21 PM

Sgt Aaron Kennedy, MS — Sun, 06 Jan 2019 17:21:45 -0500

First, leadership can order you to do almost anything. Orders come in many forms. Sometimes they even have the word "please" in front of them. Sometimes they are "implied" and sometimes they are "explicit." These are no less orders and should be followed accordingly.

However, if you asking if such an order is legal and valid? Yes, unless you believe that said order would violate a Law, Regulation, other superseding Order, is unethical in nature, or has potential hazardous potential (life, limb, or eyesight), you should endeavor to carry out the order to the best of your ability. You may ASK questions of clarification and to refine the scope of the order but follow the order or suffer the consequences of not following said order.

Response by SFC Casey O'Mally made Apr 16 at 2019 3:24 PM

SFC Casey O'Mally — Tue, 16 Apr 2019 15:24:07 -0400

Can the Commander issue that order? Absolutely. Can the Commander designate someone to issue that order? Absolutely. Can other people in the chain who are NOT Commanders? Probably. If the Commander backs them up, definitely.