Article 86 and Article 91 under UCMJ
I am doing an essay on article 86 and 91 of the Uniform Code of Military Justice. Article 86—Absence without leave and Article 91—Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer I will start out with article 91 section 15 text of statute 2 willfully disobeys the lawful order of a warrant officer , non-commissioned officer, or petty officer. In my essay I will give both facts and opinion on the matter of these articles .In fact in of the case article 91 does not apply in the situation that involves me and fellow NCO’s because in article 91 chapter 15 subparagraph 2, I did not willfully disobey an order . In order to disobey an order the first must be given
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In conclusion you are responsible for you actions either if you’re wrong or right. The articles are there to help protect you either you are the victim or the problem. Article 86 is set in place for accountability example if you do not tell me or if I can’t you then it is my responsibility to find you and make sure your ok but if you leave because you cannot adapt to ARMY life then you will face the conaquinces of a court marshal and/or jail, or even punished under the death penalty in time for desertion while in the time of war. Article 91 I feel that you have to disciplined in the first place you must be able to just bite your tongue and do what you need to do and get it done .Your superior non-commissioned officer has to follow orders just like we do everything gets pushed down . If the first Sergeant said to do a job and we don’t do it then we will get written up for being insubordinate because we did not do what we were told everything in the army is a guide line for our protection and if you violate any article then you will be punished. But all together even though we wasn’t at our place of duty we should have asked what time we needed to in the office but since we didn’t then we have to the corrective training and put it in the past and move on to the
This structure breaks down the specific and general responsibilities for all Air Force tiers. Also it includes duty tittles descriptions and airmen’s creed. I believe the new generation that are coming into the military are losing the value of our heritage. The majority of new airman serving in the Air Force are in for the free education. It is rare to hear that they serve for pride. Every meeting that I have with my troops we start with reading a few quotes on this 2 books to remind us why we are serving our country and where we stand in our position. Sergeant Tolbert has been a great mentor and I want to follow his footsteps to teach and mentor my troops. After the interview, he also said something important “once we take care of our troops everything will follow in place and then if we have time then we can take care of each other.” (A. Tolbert, personal communication, February 11, 2016) Personally, I have always done that and will always do but the only way to take care of myself is to take my family and go to school. We cannot always be by the book all the time. We should also be able to analyze the issue first before jumping into conclusions. I had several lousy supervisors that they will throw you under the bus without thinking about the consequences that they will put you in a longest they do not get reprimanded. I had a supervisor that told me that “if it does not affect my retirement I don’t care”. When I heard that, I lost the respect for him and also as a Master Sergeant. I did not lose my military bearing, but I want to jump across the table and put some common sense with my fist. When I retire from the military I
There is thus little chance for participation among the subordinates in the military, in the establishment of the standards of general orders. These can include anything from restrictions on alcohol during wartime to the requirement of avoiding tattoos as a soldier. The military is a fairly formal and strict hierarchical institution and orders are channeled gradually down. Difficulties in the military are generally attributed to the breakdown of this structure by lack of efficiency resulting from the inability of an individual or group of individuals to follow the chain of command. Following orders instills discipline and ensures that everyone in the military is in alignment with others' by providing a cohesive plan of instructions that ties the military together as one unit.
When the fundamentals have been applied, you are now what makes up a Soldier. You are a Soldier that makes up a team, and on a larger scale, an organization. It’s important to understand that once the Oath of Enlistment is taken, and you have joined the United States Army, you must take your battles lives and the overall mission into play when making decisions. Your decisions can either effect your team in a positive way or a negative way depending on the actions you take. Disobeying orders can lead to corrective action. Which can take valuable time away from the person assigning the corrective action as well as the person receiving it. Not only does it take time to write up and discuss the corrective action, but also conducting the corrective
Violation of any order or rule is the same as saying you don’t care about your career or the NCO’s, SCNO’s, and Officiors that are over you sticking their necks out for you daily. That you’d rather do you than help your fellow Marines. And that doing the “fun” thing is a higher priority to you then doing the right thing. We were all taught 14 leadership traits. The first one is Bearing. Always know what you're doing and how it could affect you and the others around you. Making the right decision even when you’re put on the spot. The second is Courage. Having the balls to stand up for the right thing. Going further and working harder than you have ever done before just because pushing yourself to max is what is going to show all others that look at you that you care about your career and all the others around you. The third is Decisiveness. Determining within yourself that you will do something and stick to it. Whether it be work on qualifications or just making changes in anything you do. Decisiveness is what determines your ability in everything you do. The fourth is Dependability. If everyone knows that if you say you're going to be somewhere on time your going to be there early. Being that person that anyone can call no matter the time and know you’ll be there. The fifth is endurance. Pushing through all pain and hardships to be the leader that others will follow. The sixth is
Arguably, the requests to set aside the NJP are not a proper form of request for redress preceding the filing of an Article 138 complaint. An Article 138 complaint based on a denial of a request to set aside an NJP in essence is a collateral attack on the NJP. Consequently, it would be an improper subject of a complaint per section 0304 of reference (b) and the complaint could have been determined to be defective on that basis as well by the
6. You are overall responsible for the accountability of your soldiers. I believe that soldiers should work smart and hard during the normal duty day so that we can maximize time off and maintain normal work hours. However, mission will at times dictate weekends or late nights upon approval from the Battalion Commander. We can avoid self-inflicted problems by keeping track of appointments, breaks, and other situations that interfere with the mission. Remember soldiers take the initiative when the example is set. All appointments will be brought to my attention at least 2 days prior, emergencies are understood but they should be
The Constitution was written back in September 1787, and was mostly authored by our fourth president James Madison, with the help of several other men. The constitution consist of twenty-seven amendments, which the first ten amendments are well known as, the Bill of Rights. These twenty-seven amendments have been ratified throughout the years since the constitution was written.
The Constitution is one of the most important documents in the history of America. The Constitution is “a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.” The Constitution was formed and written between May 25 and September 17 of the year 1787. However, it was officially signed on September 17, 1787 in Philadelphia. Not only did the Constitution establish a national government but also fundamental laws. It made sure that the people had basic rights. The Constitution included many things such as The Bill of Rights, Branches of Government, also was the reason that the Constitutional Convention was held.
The 99th amendment Act changes these words and thereby inserts “on the recommendation of the National Judicial Appointments Commission referred to in article 124A” . It is asserted that if in any petition before the Supreme Court this particular amendment is declared as ultra vires, the old provision again comes back to life and thereby the ‘Collegium’ Resuscitates. It can be said that the Act which repeals a particular Act if in-turn gets repealed the latter Act revives thus if any amendment Act makes changes in any act or in its Proviso and if the Amendment is itself declared void then it cannot mean that even the original proviso is declared void and thus it is only the original proviso which remains, which revives thus can be implemented effectively.
On February 10 1942, After the Japanese bombing of Pearl Harbor, President Franklin Roosevelt signed Executive order 9066 fearing that the Japanese-Americans would be more loyal to Japan and attack the US. The president ordered all Japanese-Americans to evacuate the west coast. Following the internment, many news articles had been written. For this essay, I have found two news articles that are connected to the constitutional issues that arose because of Executive order 9066. The news articles are from the Los Angeles times and New York Times. Both articles covered the constitutional issues of the internment of Japanese Americans; however, both articles addressed different situations. The La Times reported that President Roosevelt wanted reprimanding
According to Article 107 (1) of TFEU, which contains a general prohibition of certain forms of State aid, five cumulative criteria’s must be fulfilled in order to constitute State aid. Firstly, the aid must be granted by a “Member State or through State resources”, Secondly, the aid must be granted to “undertakings”. Thirdly, the State intervention must distort or threaten to distort competition and affect intra-trade between Member states. Fourthly, it must favour (confer an advantage on) the recipient of the aid, and fifthly, a state measure must favour “certain undertakings or the production of certain goods” (selectivity).
Additionally, Article 69 is an entrenched provision and its importance can therefore be understood. As such, the 4 months specification cannot be repealed unless there is an expressed amendment therein. However, the only amendment was the one postulated to Article 61 and ordinarily, through using legal infection the courts could have remedied the situation. Simply put, since Articles 61 and 69 have an agnate relationship, an amendment of Article 61 should result in an amendment of Article 69. Nevertheless, Article 69 was not expressly amended, so the question remained whether the courts could have impliedly amended or infected said Article, similar to the situation in Ssemogoree v. AG .
Article 123 and 213 of the Indian Constitution grant the President and the Governor the ordinance making powers respectively. Ordinarily the Parliament is responsible for the law making process, but the makers of the Constitution though considering Ordinances to be “a necessary evil”, hold that the Ordinance making power should be delegated to the Executive to deal with such situations when the existing law is not enough to deal with the aroused situation and the Parliament is not in session. This ‘extraordinary’ power is given to them when “both Houses of the Parliament or State Legislature are not in session and the President or the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action.” The conditions necessary to pass an ordinance are- a)both the houses should not be in session, b) The President or the Governor is satisfied that such conditions exist that make it necessary for him to pass the ordinance. Ordinance is just like any other Act and has the same force but it ceases to exist if both houses of the Parliament or the State Legislature pass a resolution against it. It also ceases to exist if it is not replaced by an Act within six weeks of reassembly of the Parliament or the State Legislature. This method of issuing an ordinance has been devised with a view to enable the executive to meet any unexpected or urgent situation arising in the Country when Parliament is not in session, and which it cannot deal with
While the Constitution recognises in Article 370 the special status of Jammu and Kashmir, the Central Government's policies since 1953 have totally undermined its autonomy. Senior lawyer and political analyst A.G. NOORANI discusses both aspects and suggests a way out of the mess.
The Supreme Court under Article 32 and the High Courts under Article 226 of the Constitution have passed a number of orders and directions for this concern. Like the conversion of all public transport in the Metropolitan City of Delhi from diesel engine to CNG engine on the basis of the order of the High Court of Delhi to ensure that the pollution level is mitigated and this is being totally observed for the last several years. Now only vehicles running on Compressed Natural Gas are given permission to ply on Delhi roads for public transport.