What happens if a soldier refuses to follow orders?
Article 92 of the Uniform Code of Military Justice makes it a crime to disobey a lawful military order or regulation. You can be considered to be in violation of Article 92 if you intentionally violate or fail to follow an order. This means that you can be guilty under Article 92 for an intentional or negligent act.
The maximum punishment for a violation or failure to obey lawful general order or regulation is dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years.
So, can a person in the military simply refuse to follow an order if they don't like it? The answer is yes — if they consider the order itself to be illegal or unconstitutional. It's generally called a "duty to disobey," and is empowered by the Uniform Code of Military Justice.
Insubordination is when a service member willfully disobeys the lawful orders of a superior officer. If a military officer disobeys the lawful orders of their civilian superiors, this also counts.
Desertion carries a maximum punishment of dishonorable discharge, forfeiture of all pay, and confinement of five years. For desertion during a time of war, however, the death penalty may be applied (at the discretion of the court-martial).
Article 92 of the Uniform Code of Military Justice makes it a crime to disobey a lawful military order or regulation. You can be considered to be in violation of Article 92 if you intentionally violate or fail to follow an order. This means that you can be guilty under Article 92 for an intentional or negligent act.
The military is a hierarchical organization. Some degree of obedience to the orders of superior officers is required for the organization to function. But those who serve in the U.S. military are not automatons, and they are not asked to surrender all independent moral judgment when they sign their enlistment papers.
Article 15s are considered nonjudicial punishment under the UCMJ. Article 15s are a mechanism that allow the chain of command to punish a Soldier for offenses under the UCMJ without formally charging him/her at a court-martial.
Soldiers are restrained by their oaths, regulations, law, ethics rules, policies, rules of engagement, and general and specific orders. The chain of command has the authority to issue and duty to obey lawful orders. Importantly, soldiers also observe and follow precedent and unwritten traditions.
The UCMJ authorizes 9 types of punishment for different types of offenses: punitive discharge, confinement, hard labor without confinement, restriction, reduction in grade, fine, forfeitures, reprimands, and death.
Why do soldiers have to obey orders?
Another professed rationale for strict military obedience is that the battlefield demands unhesitating obedience in situations in which under the logic of civilian life it would seem quite reasonable to refuse an order, such as in the interests of one's safety, but which in the context of battle the order is necessary ...
If active duty you are subject to disciplinary action and possible discharge. A Reservist or Guard may be able to decline a deployment order but they may be asked to be disenroll from the unit.
Following orders is of the utmost importance in the military. Obedience is what enables the military to operate in an organized and effective manner which is clearly very important during challenging military situations.
The three main reasons why it is important for a soldier to follow the orders they are given is to be combat effective, disciplined, and to just be a good soldier. When a soldier doesn't follow the orders they are given in not only hurts themselfs but it hurts the team and the goals of the mission.
An order that has a private end for its sole object is unlawful, but an order that benefits the command and serves individuals is lawful. United States v.
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