Who Can Give Lawful Orders? Understanding An Nco's Authority

In the military, Non-Commissioned Officers (NCOs) are generally authorized to give lawful orders to their subordinates. These orders must be related to the duties that the NCOs are entrusted to carry out and must promote good order and discipline within the military unit. While NCOs can give lawful orders, there are specific criteria that define a lawful order. It must be reasonably specific, not violate statutory or constitutional rights, and pertain directly to military duty. Orders that are vague, overly broad, or intended to harass or humiliate a service member are considered unlawful. Understanding what constitutes a lawful order is crucial, as violating a lawful order can result in severe consequences, including judicial and non-judicial punishments, and long-term impacts on a service member's career and future.

Lawful orders are related to the duties NCOs are entrusted to carry out

Lawful orders are related to the duties that Non-Commissioned Officers (NCOs) are entrusted to carry out. NCOs are authorised to issue lawful orders to those of lower rank, and these orders must be obeyed. A lawful order is any order that is not illegal and does not conflict with statutory or constitutional rights.

AFI 36-2618 states that NCOs have the power to issue lawful orders related to their duties. This includes promoting good order and discipline, which can be quite broad in scope. For example, an NCO can order a subordinate not to wear an inappropriate T-shirt in the workplace, or to stop using their cell phone during duty hours.

The order must relate to military duty and have a valid military purpose, which includes all activities reasonably necessary to accomplish a military mission or safeguard or promote the morale, discipline, and usefulness of unit members. For example, in United States v. Moore, an order "not to converse with civilian workers" was deemed lawful when given to a service member who had violated a policy limiting interaction between civilian employees and servicemembers.

Disobeying a lawful order can result in severe consequences, including judicial and non-judicial punishments, and long-term collateral consequences such as a federal felony conviction. Therefore, it is crucial for service members accused of such offenses to seek legal counsel.

NCOs can order subordinates to surrender their personal cell phones under certain circumstances

Non-commissioned officers (NCOs) can give lawful orders to their subordinates. A lawful order is any order that is not illegal and that relates to military duty. This includes all activities reasonably necessary to accomplish a military mission or safeguard or promote the morale, discipline, and usefulness of command members.

NCOs have the authority to seize personal property, such as cell phones, but they cannot do so without a warrant or if the subordinate is committing an offense in plain view. This is outlined in Military Rules of Evidence, rule 316. While some sources suggest that NCOs can order subordinates to surrender their cell phones during duty hours, others argue that this is unlawful as cell phones are personal property.

If a subordinate feels that an NCO is abusing their power or giving an unlawful order, they can escalate the issue to the next person in the chain of command. They can continue to escalate the issue until they reach the Sq CC. If they are still not satisfied with the response, they can file a complaint with the Inspector General.

It is important to note that the ability to give orders generally depends on a person's rank and position in the chain of command. While NCOs can give lawful orders, officers with commissioned ranks typically have the authority to command lower-ranked enlisted personnel.

Orders must not conflict with statutory or constitutional rights

A lawful order must not conflict with statutory or constitutional rights. This means that any order given by an NCO or other superior must be scrutinised to ensure it does not violate the rights of the person or people receiving the order.

An order is presumed lawful if it has a valid military purpose and is a clear, precise, and narrowly drawn mandate. For example, an order "not to converse with civilian workers" in a galley was deemed lawful when given after the accused violated a policy limiting interaction between civilian employees and service members. This order was specific and related to a broader military policy.

However, an order that interferes with private rights or personal affairs without a valid military purpose may be deemed unlawful. For instance, a superior officer may not be able to confiscate a personal cell phone "just because", but they can order a subordinate not to use their phone during duty hours or in restricted areas. If a phone is being used in a way that violates policy or regulations, or if it is in a restricted area, then it may be confiscated.

It is important to note that the dictates of a person's conscience, religion, or personal philosophy cannot be used to justify or excuse the disobedience of an otherwise lawful order. For example, a commander may lawfully order a military member not to consume alcoholic beverages as a condition of pretrial restriction if it is reasonably necessary to protect the morale, welfare, and safety of the unit or accused, or to ensure the accused's presence at a court-martial or pretrial hearing in a sober condition.

Given the severe consequences of violating lawful orders, it is crucial for service members to understand their rights and responsibilities when receiving and carrying out orders.

NCOs can give orders that are not illegal

In the US military, NCOs are given broad authority to issue lawful orders related to the duties they are entrusted to carry out. This includes promoting good order and discipline. For example, an NCO can order a subordinate to stop wearing an inappropriate T-shirt in the workplace. They can also order a subordinate not to use their cell phone during duty hours, and to hand it over if it has been used in a way that violates policy or regulations.

However, it is important to note that the dictates of a person's conscience, religion, or personal philosophy cannot justify or excuse the disobedience of an otherwise lawful order. Similarly, orders that are vague, overly broad, or intended to harass or humiliate a service member may be considered unlawful.

If a subordinate is unsure whether an order qualifies as lawful, they should follow the order and then escalate it to the next person in the chain of command.

NCOs can dictate anything about a subordinate's life if it promotes good order and discipline

Non-commissioned officers (NCOs) can give lawful orders to their subordinates, as long as these orders are not illegal, immoral, or unethical. Lawful orders are presumed to be clear and precise, with a valid military purpose and connection to military duty. This includes safeguarding and promoting morale, discipline, and the usefulness of unit members.

In this context, NCOs can dictate many aspects of a subordinate's life, as long as it promotes good order and discipline. For example, an NCO can order a subordinate to stop wearing an inappropriate T-shirt in the workplace or to not use their cell phone during duty hours. These orders are considered lawful as they maintain good order and discipline within the unit.

However, it is important to note that the broad authority given to NCOs can potentially be abused. While an NCO can dictate aspects of a subordinate's life, it must be within the boundaries of regulations and not interfere with private rights or personal affairs without a valid military purpose. For instance, while an NCO may not confiscate a subordinate's personal cell phone "just because," they can order its surrender if it is evidence of a crime, in a restricted area, or is causing a distraction.

The consequences of disobeying a lawful order can be severe, including judicial and non-judicial punishments, and long-term consequences such as a federal felony conviction. Therefore, if a subordinate has an issue with a lawful order, they should politely inform their supervisor and escalate the issue through the appropriate channels.

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