Can a ROTC cadet give direct orders to NCOs or any other enlisted SM?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.No. No, not unless they are somehow in a position of authority relative to the NCO. Technically, the cadet is senior to the soldier. But they are in a student status. THey have no inherent authority. In order to give an order with the backing of Art 92, UCMJ there must be a duty to obey.Specifically, Art 92 providesAny person subject to this chapter who--(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order;shall be punished as a court-martial may direct.So if the commander places the cadet into a position of authority over the NCO, they can exercise that authority...otherwise the NCO would not have an inherent duty to obey an order from a cadet.
Wasn't exactly the answer I wanted, but a well explained answer none the less. I was counseled on a 4856 for violation of articles 89 and 92 by "cadet CPT Green". I attempted to argue that she is not a commissioned officer, but an officer in training therefore couldn't give a direct order as a commissioned officer, especially since we are the same pay grade. Guess I'll go along with it and teach their stupid little class as corrective punishment. Thanks for your time.
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button or rate the answer, its the only way I get credit for my work.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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