QA

Quick Answer: Can A Junior Officer Issue Orders To A Senior Officer

Who can give orders in the military?

The law, Article 91, protects and upholds the authority of an NCO. To answer your first question: Any Officer, NCO, Petty Officer, Warrant Officer or person in a position of authority (ie, SFS) can give lawful orders. An NCO doesn’t need AFI “back up” to order you to do something.

Can an NCO give an order?

Direct orders can only be given by officers, however, lawful orders can be given by NCOs. Under certain circumstances, it could be a lawful order to surrender a personal cellular device.

Do you salute junior officers?

Salutes are rendered as a courtesy. They’re required between those junior and those senior in rank. If individuals are equal in rank, salutes may be exchanged. When a junior recognizes a senior, the junior should initiate a salute.

What general order of a sentry states that you do not salute an officer?

During the time of challenging, you don’t salute an officer until the officer has advanced and has been duly recognized. You don’t salute if to do so will interfere with the proper execution of your specific duties. 11.

Can a military officer refuse orders?

If a military officer disobeys the lawful orders of their civilian superiors, this also counts. In the U.S. military, insubordination is covered under Article 91 of the Uniform Code of Military Justice. It covers disobeying lawful orders as well as disrespectful language or even striking a superior.

Can a soldier refuse an unlawful order?

Military Insubordination And as we learned throughout this article, any member of the armed force is allowed to refuse a direct order if he/she considers it to be “unlawful” or illegal.

What is an Article 92?

Article 92 defines disobeying a direct order as three types of offenses – violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty. Article 92 charges are common in many prosecutions.

Do you call Sergeant sir?

As a general rule, “Sir”/”Ma’am” is used in speaking either officially or socially to any senior. The word is repeated with each complete statement. “Yes” and “No” should always be accompanied with “Sir”/”Ma’am”. All NCOs will be addressed as “Sergeant” with the exception of the First Sergeant and Sergeant Major.

Who can issue a direct order?

1 Orders. Direct orders are essentially any command a commissioned or non-commissioned officer gives to his/her subordinates. Direct orders are given daily in the form of instructions for the general functioning of the military.

Is it rude for civilians to salute?

TLDR – Civilians should face the flag and place their right hand over their heart during the National Anthem. Saluting the flag is a gesture reserved for the military. While civilians can salute soldiers, many veterans consider it inappropriate or awkward.

How do you say hello in military?

Errr – (U.S. Marines) An abbreviated or unmotivated “Oorah”. Often used as a form of acknowledgment or greeting. Yes, we really do walk around saying “Errr” at one another in the way normal civilized humans say “Hello.”.

Do you stand at parade rest for an officer?

When speaking to or being addressed by a noncommissioned officer of superior rank, stand at parade rest until ordered otherwise. When an officer enters a room, the first enlisted person to recognize the officer calls personnel in the room to attention but does not salute.

What is the 6th order to the sentry?

6. To receive, obey and pass on to the sentry who relieves me, all orders from the Commanding Officer, Command Duty Officer, Officer of the Deck, and Officers and Petty Officers of the Watch only.

What is the 11th order of the sentry?

11. To be especially watchful at night and during the time for challenging, to challenge all persons on or near my post; and to allow no one to pass without proper authority.

What is the 8th general order?

8. To give the alarm in case of fire or disorder.

Why is Article 92 important?

Article 92 is perhaps the most important article in the entirety of the Uniform Code of Military Justice. It lays down the ground law, the absolute line which may not be crossed. However, military members are held to a higher standard. We are the line that protects this country, we are the defense against the storm.

What makes an order unlawful?

An illegal order involves more than soldiers thinking what they are told to do is a bad idea or because they disagree with the tactical wisdom of the order. The order must be “palpably illegal.” This means the order is so “clearly illegal that any reasonable person would have known it was illegal.

Is insubordination a crime?

Insubordination is a serious crime that can result in a dishonorable discharge, forfeiture of pay, and confinement, among other punishments.

What happens if a soldier refuses an order?

The penalties for violating or failing to obey a lawful general order or regulation include: Dishonorable discharge; Forfeiture of pay and allowances; and/or. No more than 2 years of confinement.

What is Article 91 of the UCMJ?

The government can accuse you under UCMJ Article 91 for striking, disobeying, or using contemptuous language or disrespect toward a warrant officer, noncommissioned officer, or petty officer of the U.S. armed forces.

What constitutes a lawful order?

Lawful order means any order or instruction, either oral or written, that an employee should reasonably believe to be in keeping with the performance of his or her duties.

What is an Article 138?

An Article 138 complaint is a process by which you can attempt to remedy a wrong committed against you by your commanding officer. A “wrong” may be an action the commander has taken (an act), or the failure of the commander to take an action that should have been taken (an omission).

What is an Article 15?

The authority for commanders to give an Article 15 is found in Article 15 of the Uniform Code of Military Justice. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial.

What is an Article 134?

Article 134 is a repository of more than 54 unique criminal offenses that are not specifically covered in any other article of the Uniform Code of Military Justice (UCMJ). Article 134 also allows prosecutors to assimilate federal crimes into the UCMJ.