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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26841
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Is there an order that grants a SNCOIC the authority to impose

Resolved Question:

Is there an order that grants a SNCOIC the authority to impose a curfew to a whole unit? Securing them to the barracks?
Submitted: 1 year ago.
Category: Military Law
Expert:  Fran-mod replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

A SNCO would not typically have that authority...typically that authority would rest with the commander. THough a commander can delegate this authority.

Can you provide some context please? What happened?
Customer: replied 1 year ago.
Company guns car got messed with in our parking lot. Gunny was on gate guard came back and his car was messed up. Dnco comes running through waking everyone up for formation. We were all sleep with no idea what was going on. Sncoic gets called and all of our staff get put on a 2200 curfew, secured to the brks. Was probably put in place to keep gunny happy, but it lasted the whole 96. I was told only our CO's signature could secure us to the Brks. I'm looking for the order that either grants this authority or doesn't. And the repercussions that could follow if an error like that was made.
Expert:  P. Simmons replied 1 year ago.
Thanks

You say guns...so I assume you are a Marine.

The short answer to the question "who can secure Marines to the barracks" is the Battalion Commander.

It is the battalion commander who has this authority. This comes from the authority to command. For the Marine Corps, you would find this in the Navy Regulations (Chapter 8 to be specific). The commander has all power required to "accomplish the mission" and "take care of the troops"

Now...as I mentioned prior, that authority can be delegated. And often will be. For example, the staff duty officer/NCO will have the power of the commander in the absence of the commander.

And it can be further delegated...often the battalion commander will delegate to his company commanders the power needed to accomplish the mission/ensure troop welfare.

So, to answer the question, did the gunny have the power to secure libbo for the 96?

Most likely no, not unless delegated by the battalion commander.

Repercussions? I expect that the battalion commander would reprimand the gunny for issuing an order outside his authority.




P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26841
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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