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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.
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Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)