...explaining. (Article 92) Any person serving in the Armed Forces of America, is guilty of violating this article if they, through any means that can be prevented, disobey any order given by a superior, as long as that order is not itself illegal. Let us break that down into more easily-digested terms. Any person in the Armed Forces. That means, anyone who is currently (currently being at the time of the infraction) serving in any component of the Armed Forces. That means active duty, ready reserve, inactive reserve, training, DEP, shipboard, shore, infantry, deployed, on notification for deployment, or even when attached to a civilian job and not wearing a uniform. Any person who fits those criteria is eligible, regardless of rank, duties, time in the service, time remaining until retirement, or history of conduct (either good or bad). -Through any means that can be prevented. If the service member has any reasonable way to prevent the disobeyal of that order, and failed to, they are guilty. Unpreventable lapses are generally excusable, unless the reason it was unpreventable was the fault of the service member. Example: Order is given to belay a line and you go to your bunk instead: Culpable. Order is given to belay a line and the pylon breaks: Not culpable, unless something you did led to the pylon breaking. -As long as the order itself is not illegal. Any order that, if carried out, would result in a disobeyal of any of the other UCMJ articles, is illegal. Any...
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...all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to Regulations and the Uniform Code of Military Justice. So help me God (DD form 1966/4) Therefore, we will support and defend the Constitution of the United States and are held to higher standards of the Regulations and the Uniform Code of Military Justice. The UCMJ established by Congress on 5 May 1950, and effective on 31 May 1951. The word Uniform in the title refers to the congressional intent to make military justice uniform or consistent among the armed services. Before 1950, offenses in each branch of the service were handled differently and punishments were given by the service as they saw fit (UCMJ 1951). For example if a member of the Navy is put in an Unauthorized Absences (UA) status, it was handled differently if the member was in the Army. The UCMJ makes the offence of being UA, consistently handled throughout all branches of the United States Armed services, to give a lenient or harsher punishment for the same violation. The adaption of this code has become more useful to date being the military services have become integrated and work closely with each other. In my time in the Navy, I‘ve seen...
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.... Findings: In accordance with AR 15-6, I conducted a(n) Administrative Investigation and made the following findings: a. The allegation that SGT Gallaga and SGT Colflesh were engaged in an adulterous relationship is substantiated by a greater weight of the evidence (Exhibits H and O). Both suspected admitted through a third party to this violation which means that they violated UCMJ Article 134. i) In order to violate Article 134 it must be demonstrated 1) that the accused wrongfully had sexual intercourse with a certain person; 2) that, at the time, the accused or the other person was married to someone else; 3) that, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline...
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...decision approach, and if the decision maker has experience any cognitive dissonance since making the decision. Define Problem A soldier showed up late to fail to report to first formation and was late to work. Also, the sergeant noticed that the soldier had a scent of alcohol. Reporting late to formation is a violation of Article 86 and Article 92; showing up to work under the influence of alcohol is a violation of Article 112, which are all punishable under the Uniform Code of Military Justice (UCMJ). Analyze Alternatives There are two ways to deal with this situation, which can be certain environments for the sergeant. According to Schermerhorn, Hunt, Osborn, and Uhl-Bien (2010), “Certain environments provide full information on the expected results for decision-making alternatives” (p. 211). The sergeant can recommend the soldier to be punish under the Uniform Code of Military Justice for violation of Article 112 (Drunk on Duty). In order to accomplish this the soldier needs to have an alcohol level equal to or greater than .05 grams. If the soldier breathalyzer result prove that the soldier was drunk on duty, UCMJ action would be taken. UCMJ action can affect the soldier’s entire career; by reducing the rank of the soldier, his promotion (if...
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...Chapter Index 1. Personal Data 2. Equipment Data 3. MOS (___) Data 4. Training Data 5. Battle Focus 6. Chain of Command 7. History 8. References SOLDIER’S PRIVACY ACT STATEMENT The personnel listed below authorized SGT _____________to maintain their SSN and personal information in his/her Leader’s Book with the understanding that this information will not be disclosed except in the line of his/her official duties. NAME SSN SIGNATURE DATE SOLDIER’S PERSONAL DATA SHEET NAME : RANK : DOR : SSN : BASD : ETS : DOB : MOS : TIG : 11 MOS TIS : 30 MOS PROMOTABLE : YES / NO POINTS : WEIGHT : HEIGHT : HAIR : EYES : AGE : MARITAL STATUS : MARRIED / SINGLE / DIVORCED / SEPERATED SPOUSE’S NAME : EFMP : YES / NO CHILD’S NAME : _________________________________ AGE : ___ MALE / FEMALE EFMP : YES / NO CHILD’S NAME : _________________________________ AGE : ____ MALE / FEMALE EFMP : YES / NO CHILD’S NAME : _________________________________ AGE : ____ MALE / FEMALE EFMP : YES / NO CHILD’S NAME : _________________________________ AGE : ____ MALE / FEMALE EFMP : YES / NO HOME PHONE : ADDRESS : RELIGION : BLOOD TYPE : WEAPON...
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...Ethical Problem- SFC Sharp said and certified that he destroyed the documents. SFC Sharp did not destroy the documents. SGT Day wants to destroy the documents to cover his tracks. Higher ordered the destruction of the documents or they were expired and the 5 years was up and they were set to be destroyed. Regulations and Laws- AR 380-5 9-100 through 105 cover destruction of classified documents and the procedures. UCMJ 892. 92. Failure to obey order or regulation, 908. 108. Military property of United States--Loss, damage, destruction, or wrongful disposition, 934. ART. 134. GENERAL ARTICLE, and 907. ART. 107. FALSE STATEMENTS Ethical Values- Loyalty to the unit would demand I turn over the documents and let higher know about SFC Sharp and SGT Day's misconduct. It is also my duty as a leader to empathize with SFC Sharp as he has a side to his story to as to what happened. It is also my responsibility to empathize with SGT Day as to why he wants to cover this up for SFC Sharp. I would lose a lot of respect from my soldiers and possibly some leaders if I turned in SFC Sharp because of the high regard of his status within the unit. If I did not turn him in though it would compromise my moral integrity to do what is right at all times. I need to have the courage to come to the correct decision and allow myself to do what is the right per doctrine. Moral Principles- It is possible for me to handle this at the lowest level without further ramification by destroying the documents...
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...I recently read a quote from a man by the name of Asante Koduah that said this, “Be humble enough to obey; you may be the one giving the orders someday.” As an enlisted member in the United States Army, I took an oath to follow all lawful commands given to me. Recently, I failed to abide by that oath I took over 3 years ago in telling my NCO no when given an order. This is a violation of Article 91. (Insubordinate conduct toward a non-commissioned officer) This is not something that I am proud of, not something that I feel I would ever intentionally do. In my situation, I took offense to the order in which I was given and allowed my emotions to overrule my military bearing. Obedience allows the military to operate efficiently and effectively which is extremely important to accomplish the mission in both relaxed and challenging environments. Military orders provide soldiers with direction to allow them to better perform their duties and limit mistakes. Failure to follow orders is a Violation of Article 92 (failure to obey order or regulation) of the UCMJ. As a result of such violation you can be subject to several punishments, the most severe being separation from the military with a dishonorable discharge. Since my poor decision, I have had time to step back and reflect on why I did what I did. I know it is nothing to be proud of, but I am a firm believer that everyone makes mistakes, the important thing is that you can admit wrong and learn from your mistakes to ensure you...
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...ACCEPTABLE USE POLICY (AUP), v 1.4, 6 January 2012 Reference: AR 25-2 (Information Assurance). A well-protected DoD/Army network enables organizations to easily handle the increasing dependence on the Internet. For a DoD/Army organization to be successful, it needs to integrate information that is secure from all aspects of the organization. The purpose of this policy is to outline the acceptable use of computer equipment within a DoD/Army organization. These rules are in place to protect the employee and the organization. Inappropriate use exposes DoD/Army units to risks including attacks, compromise of network systems and services, and legal issues. This policy applies to all employees, contractors, consultants, temporary employees, and other workers assigned to the DoD/Army organizations. 1. Understanding. I understand that I have the primary responsibility to safeguard the information contained in the Secret Internet Protocol Router Network (SIPRNET) and/or Non-secure Internet Protocol Router Network (NIPRNET) from unauthorized or inadvertent use, modification, disclosure, destruction, and denial of service. 2. Access. Access to this network is for official use and authorized purposes and as set forth in DOD Directives 5500.7-R, Joint Ethics Regulation (JER), AR 25-2 (Information Assurance) and Army network policy and accreditation. 3. Revocability. Access to Army Information Systems resources is a revocable privilege and is subject to content monitoring and security testing...
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...USN/USMC Commander’s Quick Reference Handbook for Legal Issues 2008 i Report Documentation Page Form Approved OMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE 3. DATES COVERED 2. REPORT TYPE 2008 4. TITLE AND SUBTITLE 00-00-2008 to 00-00-2008 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER USN/USMC Commander’s Quick Reference Handbook for Legal Issues 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) Naval Justice School ,Newport ,RI 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT NUMBER 10. SPONSOR/MONITOR’S ACRONYM(S)...
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...The reason for this Rbi is to inform the reader of accountability, the duties of NCO's, and failure to report. Websters dictionary describes accountability as “the state of being accountable, liable, or answerable” and the DOD describes it as “The obligation imposed by law or lawful order or regulation on an officer or other person for keeping accurate record of property, documents, or funds. The person having this obligation may or may not have actual possession of the property, documents, or funds. Accountability is concerned primarily with records, while responsibility is concerned primarily with custody, care, and safekeeping” and responsibility as “the state or fact of being responsible” respectability. While some actions may be responsible, you are always held accountable for the outcome of such. Accountability can also be described as being dependable. By being dependable, soldiers arrive to work and appointments on time, meet deadlines, arrive at the right place at the right time, and always do the right thing at the right time. Morning formation is the most important formation of the day. It is vital to maintain accountability of everyone and to put out any pertinent information that is necessary to soldiers. Without accountability formation, it would be difficult for the command to fully brief soldiers about the days activities or important information. Accountability makes responsibility meaningful and completes the process of delegation. Responsibility is...
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...Acceptable Use Policy (AUP) You must sign or digitally sign this form prior to issuance of a network userid and password. Initial Awareness Training must be completed prior to signing this agreement. IA Awareness training is found at https://ia.gordon.army.mil/dodiaa/default.asp. The IA Awareness test located on the Fort Gordon website must be completed to fulfill the Awareness training requirement. [pic] By signing this document, you acknowledge and consent that when you access Department of Defense (DoD) information systems: 1. You are accessing a U.S. Government (USG) information system (IS) (which includes any device attached to this information system) that is provided for U.S. Government authorized use only. 2. You consent to the following conditions: a. The U.S. Government routinely intercepts and monitors communications on this information system for purposes including, but not limited to, penetration testing, communications security (COMSEC) monitoring, network operations and defense, personnel misconduct (PM), law enforcement (LE), and counterintelligence (CI) investigations. b. At any time, the U.S. Government may inspect and seize data stored on this information system. c. Communications using, or data stored on, this information system are not private, are subject to routine monitoring, interception, and search, and may be disclosed or used for any U.S. Government-authorized purpose. d. This information system...
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...Donald Fletcher bravo company 302d bsb Camp Casey Korea why is it important to follow orders Donald Fletcher bravo company 302d bsb Camp Casey Korea why is it important to follow orders There are many reasons why a soldier should follow all of the orders they are given because every one of them is important in any circumstance. An order is a task given to a soldier that has to be done in a certain period of time in an efficient manner. There are three main reasons of why it’s important for a soldier to follow the orders they are given: To be disciplined, an effective combat, and be a good soldier and love your job. When a soldier doesn’t follow the orders they were given it doesn’t only affect them it affects everyone in the team and the goals they have set for the mission. When soldiers don’t follow the orders, the objectives are hurt and the chances of winning the war. When you’re in the army you need to stop and think if it will harm you or your battle buddies. When a soldier doesn’t follow orders while in combat zone it makes the mission ineffective, if a single soldier in the unit is combat ineffective it lowers the chances of winning, making the leaders deal with a soldier that can’t handle the workload of the unit. For example if Sergeant tells a private to prepare the guns before they go out for the mission the sergeant is telling the private to get the guns ready so they can be fully functional and help out when its needed in the fight. It doesn’t matter if...
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...What Makes an Army Leader Practical Exercise Student Handout Extracted Material from Task 158-C-1230 | |This student handout contains one page of extracted material from the following publication: | | |Task 158-C-1230, Apply the Ethical Decision Making Method at Small Unit Level | | | | | | |Disclaimer: The training developer downloaded the extracted material from the General Dennis J. Reimer Training and| | |Doctrine Digital Library (https://atiam.train.army.mil). The text may contain passive voice, misspellings, | | |grammatical errors, etc., and may not be in compliance with the Army Writing Style Program. | Apply the Ethical Decision Making Method at Small Unit Level 158-C-1230 Conditions: As a leader faced with a situation which requires you to make an ethical decision. Standards: Resolved the situation ethically by appropriately applying the Ethical Decision Making Method FM-1 FM 6-22 AR 600-100. Training and Evaluation Guide Performance Steps: 1. Clearly define the ethical problem. 2. Employ applicable laws and regulations. 3. Reflect on the ethical values and their ramifications. 4. Consider...
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...SUBJECT: Prevention of Sexual Harassment CONDITION: Classroom environment STANDARD: 1. Define Sexual Harassment. 2. Define the Army’s Policy on Sexual Harassment. 3. Explain the Categories of Sexual Harassment. 4. Explain the Elements of Sexual Harassment. 5. Define Sexual Harassment Behaviors. 6. Explain the Sexual Harassment Checklist. 7. Explain the Techniques to Deal with Sexual Harassment. 8. Explain the Administrative Actions. TYPE OF INSTRUCTION: Instruction and Small Group Discussion TIME OF INSTRUCTION: 4 Hours NOTE: You must ensure you have a video player and monitor to show the video on the prevention of sexual harassment (Pin Number 170876, ICN: TVT-20-1996) produced by the Department of the Army in 1996. This tape is available from your EOA or TASC. It is recommended this video be shown at the beginning of the block of instruction, but stop it before showing the vignettes. By showing the first portion of the video at the beginning, the students will already be familiar with many of the concepts and terms you are going to be instructing. This should make the learning process easier for them during your instruction. After the block of instruction, and the practice exercise is completed, then show the vignettes. The responses from the group while stopping after each vignette for discussion will ensure learning occurred, and serve to clarify what constitutes sexual harassment in the student’s minds. The...
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...Army Regulation 600–20 Personnel–General Army Command Policy Headquarters Department of the Army Washington, DC 6 November 2014 UNCLASSIFIED SUMMARY of CHANGE AR 600–20 Army Command Policy This administrative revision, dated 6 November 2014-o Updates Equal Opportunity Policy (paras 6-2c(8)(c) and 6-2c(8)(f)). This administrative revision, dated 30 October 2014o Updates summary of change bullet (para 2-8b). o Makes administrative changes (throughout). This rapid action revision, dated 22 October 2014-o Updates purpose (para 1-1). o Updates responsibilities for the ready and resilient campaign (paras 1-4a-d). o Directs readers to the Army Publishing Directorate’s “notes” page on AR 60020 for additional guidance on the Army Sexual Harassment/Assault Response and Prevention Program (para 1-4e(6)). o Clarifies the groups of personnel who must be informed of the Army’s accommodation of religious practices policies (para 1-4f). o Adds the categories “senior field grade officers,” “senior field grade warrant officers,” ”field grade warrant officers,” “company grade warrant officers,” “enlisted noncommissioned officers,” and “junior enlisted Soldiers” (table 1-1). o Adds policy that the senior commander is normally, but not always, the senior general officer at an installation (para 2-5b(4)(a)). o Adds policy for command responsibility for the Total Army Sponsorship Program (paras 2-5b(4)(a)16 and 2-5b(4)(c)8)...
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