Friday, August 30, 2019

Following Simple Instructions

This is a ten thousand word (military related) essay on the importance to follow simple instructions, the importance of non commissioned officers in the military, and why it is important to follow leadership whether u are in the military or another form of work in which u are under a form of leadership. I am writing this specific ten thousand word essay because i did not complete another ten thousand word essay in the certain amount of time i was given, over leave, that was assigned to me by my non commissioned officer. Unfortunately for the army, i am not the only one who has disobeyed his non commissioned officer in some way or another. Many privates, specialists and even non commissioned and commissioned officers have disobeyed their superior officers in some way or another. their superior officers could have ignored this transgression, they might have given them a non punitive punishment or they might have even resorted to the Uniform Code of Military Justice. Thus subjecting them to the appropriate punishments, such as article 15, article 91, article 92, or even others that could be much more harmful or possibly less harmful to that private's, specialist's, non commissioned officers' or commissioned officers' payroll, family, free time or even his own freedom by sending him to a federal prison, such as Fort Levinworth. Here is one such non punitive action, an essay that maintains the title â€Å"Essay on Obeyeing a Lawful Order From An NCO†, done by another, i believe to be, private; â€Å"This is a 2000 word essay on the importance of obeying a lawful order from an NCO. The reason for me to be writing this essay is because I disobeyed a direct order from a senior NCO, I was told to move into the barracks by Sunday and I completely ignored this order and went along doing my own thing. It is extremely important to obey an NCO because if you don’t the consequences will be bad in doing so you are violating article 91 and article 92. The following is the elements of article 91 (1) Striking or assaulting warrant, noncommissioned, or petty officer. (a) That the accused was a warrant officer or enlisted member; (b) That the accused struck or assaulted a certain warrant, noncommissioned, or petty fficer; (c) That the striking or assault was committed while the victim was in the execution of office; and (d) That the accused then knew that the person struck or assaulted was a warrant, noncommissioned, or petty officer. Note: If the victim was the superior noncommissioned or petty officer of the accused, add the following elements (e) That the victim was the superior noncommissioned, or petty officer of the accused; and (f) That the accused then knew that the person struck or assaulted was the accuser’s superior non-commissioned, or petty officer. 2) Disobeying a warrant, noncommissioned, or petty officer. (a) That the accused was a warrant officer or enlisted member; (b) That the accused received a certain lawful order from a certain warrant, noncommissioned, or petty officer; (c) That the accused then knew that the person giving the order was a warrant, noncommissioned, or petty officer; (d) That the accused had a duty to obey the order; and (e) That the accused willfully disobeyed the order. (3) Treating with contempt or being disrespectful in language or deportment toward a warrant, non-commissioned, or petty officer. a) That the accused was a warrant officer or enlisted member; (b) That the accused did or omitted certain acts, or used certain language; (c) That such behavior or language was used toward and within sight or hearing of a certain warrant, noncommissioned, or petty officer; (d) That the accused then knew that the person toward whom the behavior or language was directed was a warrant, noncommissioned, or petty officer; (e) That the victim was then in the execution of office; and (f) That under the circumstances the accused, by such behavior or language, treated with contempt or was disrespectful to said warrant, noncommissioned, or petty officer. Note: If the victim was the superior noncommissioned, or petty officer of the accused, add the following elements (g) That the victim was the superior noncommissioned, or petty officer of the accused; and (h) That the accused then knew that the person toward whom the behavior or language was directed was the accuser’s superior noncommissioned, or petty officer. The following is an explanation of article 91 (1) In general. Article 91 has the same general objects with respect to warrant, noncommissioned, and petty officers as Articles 89 and 90 have with respect to commissioned officers, namely, to ensure obedience to their lawful orders, and to protect them from violence, insult, or disrespect. Unlike Articles 89, and 90, however, this article does not require a superior-subordinate relationship as an element of any of the offenses denounced. This article does not protect an acting noncommissioned officer or acting petty officer, nor does it protect military police or members of the shore patrol who are not warrant, noncommissioned, or petty officers. The Maximum punishment of article 91 is as follows. 1) Striking or assaulting warrant officer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. (2) Striking or assaulting superior noncommissioned or petty officer. Dishonorable discharge, for-feature of all pay and allowances, and confinement for 3 years. (3) Strik ing or assaulting other noncommissioned or petty officer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year. (4) Willfully disobeying the lawful order of a warrant officer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. (5) Willfully disobeying the lawful order of a noncommissioned or petty officer. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year. (6) Contempt or disrespect to warrant officer. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 9 months. (7) Contempt or disrespect to superior noncommissioned or petty officer. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. (8) Contempt or disrespect to other noncommissioned or petty officer. Forfeiture of two-thirds pay per month for 3 months, and confinement for 3 months. The following is the elements of article 92 (1) Violation of or failure to obey a lawful general order or regulation. a) That there was in effect a certain lawful general order or regulation; (b) That the accused had a duty to obey it; and (c) That the accused violated or failed to obey the order or regulation. (2) Failure to obey other lawful order. (a) That a member of the armed forces issued a certain lawful order; (b) That the accused had knowled ge of the order; (c) That the accused had a duty to obey the order; and (d) That the accused failed to obey the order. (3) Dereliction in the performance of duties. (a) That the accused had certain duties; (b) That the accused knew or reasonably should have known of the duties; and (c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties. The explanation of article 92 is as follows. (1) Violation of or failure to obey a lawful general order or regulation. (a) General orders or regulations are those orders or regulations generally applicable to an armed force which are properly published by the President or the Secretary of Defense, of Transportation, or of a military department, and those orders or regulations generally applicable to the command of the officer issuing them throughout the command or a particular subdivision thereof which are issued by: (I) an officer having general court-martial jurisdiction; (ii) a general or flag officer in command; or (iii) a commander superior to (I) or (ii). b) A general order or regulation issued by a commander with authority under Article 92(1) retains its character as a general order or regulation when another officer takes command, until it expires by its own terms or is rescinded by separate action, even if it is issued by an officer who is a general or flag officer in comman d and command is assumed by another officer who is not a general or flag officer. (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. See the discussion of lawfulness in paragraph 14a(2). (d) Knowledge. Knowledge of a general order or regulation need not be alleged or proved, as knowledge is not an element of this offense and a lack of knowledge does not constitute a defense. (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). (2) Violation of or failure to obey other lawful order. (a) Scope. Article 92(2) includes all other lawful orders which may be issued by a member of the armed forces, violations of which are not chargeable under Article 90, 91, or 92(1). It includes the violation of written regulations which are not general regulations. See also subparagraph (1)(e) above as applicable. b) Knowledge. In order to be guilty of this offense, a person must have had actual knowledge of the order or regulation. Knowledge of the order may be proved by circumstantial evidence. (c) Duty to obey order. (I) From a superior. A member of one armed force who is senior in rank to a member of another armed force is the superior of that member with authority to issue orders which that member has a duty to obey under the same circumstances as a commissioned officer of one armed force is the superior commissioned officer of a member of an-other armed force for the purposes of Articles 89, and 90. See paragraph 13c (1). (ii) From one not a superior. Failure to obey the lawful order of one not a superior is an offense under Article 92(2), provided the accused had a duty to obey the order, such as one issued by a sentinel or a member of the armed forces police. See paragraph 15b(2) , if the order was issued by a warrant, noncommissioned, or petty officer in the execution of office. The maximum punishment of article 92 is as follows. (1) Violation or failure to obey lawful general order or regulation. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. (2) Violation of failure to obey other lawful order. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. Note: For (1) and (2), above, the punishment set forth does not apply in the following cases: if in the absence of the order or regulation which was violated or not obeyed the accused would on the same facts be subject to conviction for another specific offense for which a lesser punishment is prescribed; or if the violation or failure to obey is a breach of restraint imposed as a result of an order. In these instances, the maximum punishment is that specifically prescribed else wherefore that particular offense. (3) Dereliction in the performance of duties. (A) Through neglect or culpable inefficiency. Forfeiture of two-thirds pay per month for 3 months and confinement for 3 months. (B) Willful. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. In knowing this I will be sure not to repeat this incident I feel the biggest problem is myself I am still trying to adapt to the army life and it is getting a little easier as the days go by I really don’t like being the jacked up soldier and I plan on changing and I plan on doing what I am told when I’m told so I can avoid getting caught up in something I cant get out of the only way I want out of the army is either with a honorable discharge or to do my time I understand that I signed a contract and raised my right hand and made an oath to my country to protect and serve no matter what the cost so I will do so by obeying all of the article to the best of my ability. I wish to pursue my Army career to the maximum amount of time possible. I hope to do at least 20 years time in service but I will most likely stay in longer. This job makes me feel proud and I really do not want to lose it. Now that I have gotten into trouble I fully understand the severity of obeying an order from the higher ups I will do my best not to get myself into this predicament again because I would rather not lose what little rank I do have I can not afford to lose that because I am struggling now trying to help my father with his financial situation and if I was to lose that I’m not sure what I would do to make up that money that I would be losing as of right now E-2 base pay is 1458. 90 and E-1 pay is 1209. 0 that is a huge difference in pay that is more than a 200 dollar difference that I defiantly can not afford to lose so I will be sure to straighten out my act so I do not lose that money this will conclude my 2000 word essay. â€Å"1 1. Anyomous (thou still a private i believe); http://www. allfreeessays. com/essays/Essay-Importan ce-Obeying-Lawful-Order-Nco/2492. html And I and this particular private are not the only ones. Every day we stupid, ignorant, and down right dumb privates think it is ok to, in some way disobey a non commissioned officer or another superior officer. But more often then not we are caught and punished, such as a series of long and difficult exercises or worse, being subject to Uniform Code of Military Justice and the harmful articles it entails.

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