Can a Senior NCO order a lower enlisted (Private) to hand over their personal cell phone? | RallyPoint (2024)

FAQs

Can an NCO take my phone? ›

The military cannot confiscate private property without probable cause or a warrant. This would be a violation of the Soldier's Fourth Amendment rights. The NCO can order the Soldiers not turn on their phones during duty hours or to not have their phones out during duty hours, except for an emergency.

In all of these definitions, the NCO and Senior NCO have an important role and responsibility. To assist NCOs with discipline, we have the authority to issue lawful orders appropriate for the completion of their assigned tasks. Failure to obey lawful orders violates Article 92 of the Uniform Code of Military Justice.

There are two kinds of orders, direct and lawful. Direct orders can only be given by officers, however, lawful orders can be given by NCOs.

Military members disobey orders at their own risk. They also obey orders at their own risk. An order to commit a crime is unlawful. An order to perform a military duty, no matter how dangerous, is lawful as long as it doesn't involve the commission of a crime.

ELEMENTS AND EXPLANATION OF CONTEMPT OR DISRESPECT

Disrespect can be conveyed through words or acts that demonstrate rudeness, indifference, disdain, silent insolence and impertinence towards the officer and within his/her sight and hearing.

(an officer's conduct that disgraces him personally or brings dishonor to the military profession affects his fitness to command the obedience of his subordinates so as to successfully complete the military mission – that is the gravamen of the Article 133 offense of conduct unbecoming an officer).

In a nutshell, NCOs facilitate open and honest communications within the command, with a goal to ensure that the command excels in meeting the Commander's vision, and achieving the mission.

In this case I would recommend at the least a strong counseling statement given by at the platoon sergeant or platoon leader. If the acts were very serious or if they have happened many times, I recommend a local letter of reprimand. This is the point where a comment could potentially be made on their NCOERs.

Contempt or disrespect to other noncommissioned or petty officer may result in a forfeiture of two-thirds pay per month for 3 months, and confinement for 3 months.

Members of the military are required to obey lawful orders and regulations that are issued. Failure to obey a military order can have serious consequences. If you are convicted your future in the military will be over.

Can soldiers say no to an order? ›

So, can a person in the military simply refuse to follow an order if they don't like it? The answer is yes — if they consider the order itself to be illegal or unconstitutional. It's generally called a "duty to disobey," and is empowered by the Uniform Code of Military Justice.

The maximum punishment for a violation or failure to obey lawful general order or regulation is dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years.

Failure to Obey an Order or Regulation is a violation Article 92 of the Uniform Code of Military Justice (UCMJ). The U.S. military considers it a dereliction of duty when soldiers are unable or unwilling to perform the job assigned to military personnel.

The Constitution provides: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States . . . .” U.S. Const. art. I, § 2, cl.

Any behavior that influences the willingness of staff or patients to speak up or interact with an individual because he or she expects the encounter will be unpleasant or uncomfortable, fits the definition of disrespectful behavior.

People are rude and disrespectful when they act impolite, inconsiderate, or mean towards someone else. There can be many root causes for rudeness, such as insecurity or fear. People are often rude after being on the receiving end of rudeness.

Disrespect is all about not showing respect. Actually, it's about showing the opposite of respect, by acting rude, impolite, and offensive. Talking back to your teacher is showing disrespect for her authority. Not giving up your seat to an elderly person is an act of disrespect.

Some common examples of conduct unbecoming an officer include the following: Drunkenness on base or in a public place. Speaking with disrespect to or about an officer. Cheating on a training exercise or test.

Review by Judge Advocate General. Upon application by the accused and subject to subsections (b), (c), and (d), the Judge Advocate General may modify or set aside, in whole or in part, the findings and sentence in a court-martial that is not reviewed under section 866 of this title (article 66).

The senior officer, warrant officer, cadet, NCO, specialist, or private among troops at the scene of an emergency will assume temporary command and control of the Soldiers present. These provisions also apply to troops separated from their parent units under battlefield conditions.

What are the duties of a senior NCO? ›

"NCOs are the doers," the senior enlisted advisor said. "They provide inspiration, purpose, motivation, direction and discipline to the troops they lead, and they are also responsible for the individual training of those in their charge."

All commissioned officers outrank non-commissioned officers (e.g., a sergeant). The most significant difference between commissioned and non-commissioned officers is their level of authority over other service members.

Senior commanders are responsible for driving the strategic vision for Army installations, encompassing everything from Soldier and family readiness programs to readiness of strategic power projection platforms.

If your Commander has somehow wronged you and Army regulation does not provide you a formal way to appeal then you can request an Article 138 complaint against a commander.

According to Jennifer Mattson's article “Battling Toxic Leadership,” the Army defines “toxic leaders as those who put their own needs or image above their subordinates, who micromanage their subordinates, and who are insecure in their own positions.”1 Similarly, “in response to a Secretary of the Army tasking in 2003, ...

A military officer may be convicted under Article 133 for any number of offenses. Making false official statements, failing to pay off a debt, cheating on an exam or using insulting language against another officer could all lead to accusations of conduct unbecoming an officer.

What is insubordination? Insubordination is a deliberate and inexcusable refusal to obey a reasonable order which relates to an employee's job function. The refusal may be openly stated or it may be a silent witholding of services.

What Is Article 91 Of The UCMJ? Article 91 of the UCMJ exists to provide good order and discipline with regards to behavior shown towards warrant, noncommissioned, and petty officers of the United States Armed Services.

Depending on the circ*mstances you could be looking at full punishment under the UCMJ. If it is a Summary Article 15- 14 days restriction, 14 extra duty. If you are getting a company grade Article 15 it would be loss of 1 grade, loss of 7 days pay, 14 days restriction, 14 extra duty.

The M-FAST (44) is a brief screening measure designed to detect malingered mental illness in forensic settings by assessing individual response styles (45–47).

What is false enlistment? ›

Watson, 71 M.J. 54 (an applicant commits the offense of fraudulent enlistment when he or she provides false information about matters that would constitute either an absolute bar to enlistment or would constitute a bar to enlistment without a waiver from the service branch).

UCMJ Article 82 (Soliciting Commission of Offenses) specifies a service member may be subject to prosecution if they: solicit or advise another person to commit a punishable offense; or. solicit or advise another to person to commit the offenses of desertion, mutiny, sedition, or misbehavior before an enemy.

Illegal Order means a directive to violate or assist in violating a federal, state or local law, rule or regulation, or an order to an employee to work or cause others to work in conditions outside of their scope of duty that could unreasonably threaten the health and safety of employees or the public.

Generally, however, an officer or soldier may disobey an unlawful order to the point of mutiny (see Nuremberg defense). In the U.S. military, insubordination is covered under Article 91 of the Uniform Code of Military Justice.

Every military officer swears an oath upon commissioning. That oath is not to obey all orders. It is to “preserve, protect, and defend the Constitution of the United States against all enemies, foreign and domestic.” It is simply wrong to say Calley had an obligation to follow any order no matter what.

You Can't Make Me Answer My Phone!

but you can make them wish they would have answered their phone. Before cell phones we relied on landlines and Soldier were required to answer their phone and/or respond to voicemails. Soldiers will occasionally say things like: you can't make me answer the phone.

Army Regulation 25-13 (Army Telecommunications and Unified Capabilities), 11 May 2017.

It is perfectly legal to remain silent, even if you are not in official custody, a privilege granted to service members because of the “uniquely coercive factors present in a military environment.” This is the biggest difference between civilian Miranda rights and Article 31 for Armed Forces personnel.

NCOs and SNCOs fulfill their primary purpose through discipline: Instructing and training Airmen, maintaining self control, and issuing lawful orders to accomplish the mission.

United States v. Caldwell, 72 M.J. 137 (Article 134, UCMJ, criminalizes all disorders and neglects to the prejudice of good order and discipline in the armed forces and all conduct of a nature to bring discredit upon the armed forces).

What is Article 107 of the UCMJ? ›

Teffeau, 58 MJ 62 (Article 107, UCMJ, punishes any person subject to the UCMJ, who, with intent to deceive, makes a false official statement knowing it to be false; a statement is "official" if that statement is "made in the line of duty;" the definition of "official" does not mean that the President intended to limit ...

United States v. Vela, 71 M.J. 283 (Article 77, UCMJ, imposes liability as a principal on one who (1) assists, encourages, advises, counsels, or commands another in the commission of the offense, and (2) shares in the criminal purpose of design).

Failure to obey order or regulation | U.S. Code | US Law | LII / Legal Information Institute.

It is a defense to an attempt offense that the person voluntarily and com- pletely abandoned the intended crime, solely be- cause of the person's own sense that it was wrong, prior to the completion of the crime.

General Mark A. Milley is the 20th Chairman of the Joint Chiefs of Staff, the nation's highest-ranking military officer, and the principal military advisor to the President, Secretary of Defense, and National Security Council.

Under the Constitution, the President, in addition to being Chief Executive, is Commander in Chief of the Army and Navy. He holds the prime responsibility for the conduct of United States foreign relations.

The U.S. military is civilian controlled, and the ultimate authority is the President of the United States, who serves as the Armed Forces' Commander in Chief, in a civilian rather than a military capacity.

Phones are not allowed due to security reasons as we discussed. Candidates are advised to stay connected to us for the latest news on various entries, tips, and strategies regarding all tasks of SSB Interview and also our courses on Defence Exams which are recommended by toppers.

Changes recruits can expect in day-to-day cell phone use include most training platoons allowing only voice calls, no text, video, or photo exchanges, and you won't be allowed to have your phone with you at all times as you did in civilian life.

USMC MOS Schools

Since the majority of training is conducted in the field during the 29 days of MCT, Marines will not always have access to their phones. Family and friends are still encouraged to send Letters as a form of communication during this training.

Can you bring your phone to military? ›

Cell phones will be used for voice conversations only. Receiving, sending, sharing, or viewing videos/pictures/text messages is strictly prohibited.

To my knowledge, there is no regulation governing the use of cell phones in military environments unless it is a classified area or an area in which a cell phone would create a safety hazard. For example, you cannot bring a cellphone into a classified briefing or to an area where explosives are being prepared.

The government recently passed a policy that bans members of the Army from using social networking platforms like Facebook, Instagram, Twitter etc. Further, the government ordered army members to delete their social media accounts.

You can't make me respond- If a Soldier fails to respond to a text message, voicemail, or fails to answer their phone and they miss movement, recall, or fail to appear the next day with the specifics required then this is usually handled with a counseling statement, corrective training, Article 15 depending on the ...

They claim to have been deployed for 2+ years

In many cases, scammers will claim to be on extended deployments to keep their fraud going. But deployments do not last three years — and most don't last more than 15 months. Any soldier who claims to be deployed for three years or more is likely a scammer.

You cannot walk and talk while in uniform and areas where classified materials exist usually do not permit electronics use. No due to high security reasons. Cell phones are allowed in most places. Cell Phone use is prohibited unless specifically authorized during the workday.

Some Marines found MCT to be a challenge, while others thought it was much easier than boot camp. After this training, Marines move on to training specific to their MOS before transferring to their Permanent Duty Stations.

Configuring WhatsApp in Support using a deployment ID

After you install the social messaging, you need to connect your WhatsApp accounts to Support. The easiest way to do this is with a deployment ID.

Soldiers are authorized to use and belong to a variety of social media platforms as long as their involvement does not violate unit policy and the Uniform Code of Military Justice. Here are a few key items Soldiers should keep in mind when using social media platforms.

Field telephones are telephones used for military communications. They can draw power from their own battery, from a telephone exchange (via a central battery known as CB), or from an external power source.