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Thread: I'll take decisions that confuse me for a $100 Alex

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  1. #11
    Council Member
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    May 2008
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    Default Try Article 92

    Without downloading the entire MCM .pdf (which would be a good idea, though), that Manual's text is here. Your example is not an unlawful general order:

    Explanation.

    (1) Violation of or failure to obey a lawful general order or regulation.
    ....
    (c) A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.
    http://usmilitary.about.com/od/punit...es/a/mcm92.htm

    The GEN may have read the article by the Marine SGT and decided to lighten up his infantry. The GEN has no obligation to explain his general orders to an LT. Your option is to protest the order up the chain.

    Please note there is a very gray and limited exception:

    (e) Enforceability. Not all provisions in general orders or regulations can be enforced under Article 92(1). Regulations which only supply general guide-lines or advice for conducting military functions may not be enforceable under Article 92(1).
    This seems to be good, general advice:

    Because some orders are issued with the expectation that they will be obeyed immediately, the act of questioning could be a violation. While no formal process exists, several possible approaches can be taken:

    • In a respectful tone and manner, request clarification of the order.

    • Request the officer reissue the order in the presence of a third party.

    • Request confirmation of the order by a superior officer. If still unsure, advise your superior that you believe the order is unlawful.

    • Request confirmation of the order by the commanding officer.

    • Refuse to obey the order if you still believe that it is unlawful. Remember that you are morally and legally obligated to obey all orders that are presumed to be lawful just as you are obligated to disobey any order that is "patently unlawful."

    Before you act, think carefully about the consequences. Military courts have consistently held individuals responsible for their actions. They will hold you liable for disobeying lawful orders as well as for obeying orders that are obviously illegal.
    http://www.lifelines.navy.mil/lifeli...ions/LL_002593
    Last edited by jmm99; 12-06-2008 at 03:58 AM. Reason: add a link

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