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 AUTHOR
 raverdad
Joined: 11/10/2004
Msg: 6
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Military ServicePage 2 of 2    (1, 2)
You will not be protected, you will be arrested on suspsion of disobeying a direct order. Then it becoems the militaries duty to convict you by proving the order was lawful. if they cannot prove it wa slawful you are cleared. In practice it is no differant than getitgn arrested for a crime and pelading not guilty, it becomes the states duty to convict and present the preponderanc eof evidence.

The only protection afofrded some one objectign to an order becuase they bleeiv eit is unlawful is that they may not be shot out of hand.
 arri
Joined: 10/5/2005
Msg: 8
Military Service
Posted: 11/23/2005 8:22:06 AM
You are allowed to disobey a unlawful order .. however, you better be very clear when you do that
 Pearnbran
Joined: 10/4/2005
Msg: 10
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History
Military Service
Posted: 11/23/2005 1:40:53 PM
I, {insert name here}, do solemnly swear, or affirm, that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.


A soldier is required to disobey an unlawful order. In the case where a soldier is not sure that the order is or is not unlawful, they should request a written order. They should still pursue getting a legal opinion about the order. If a superior refuses to give a written order, you can pretty much guess you are on good ground. I ran into this exactly once. I had a senior officer ask me to purchase something in my capacity as a contracting officer that was clearly outside the guidelines. He knew it was. He knew I knew. And he let me know that this sort of thing was going to happen from time to time over a career and we had to learn to work with it. I told him, give me a written order, please. He threw me out of his office. My boss had to go and fly top cover for me when it came time for fitness reports. He did. I survived. But I did what I did not knowing whether or not my boss would take care of me. I did it because I was supposed to.


You take a risk when you refuse an order you believe to be illegal. Goes with the territory, and is all part of the integrity thing. If you refuse, and the determination is made that the order was legal - any number of Bad Things can happen to you, depending on the consequences of your refusal to obey. On the flip side, you may work for someone who recognizes you were trying your best to do what was right, have learned that not all circumstances match your conceptions, and all is right with the world. Reality is, the fallout will fall somewhere between the two extremes, depending on the who, what, where, why, and results.
 raverdad
Joined: 11/10/2004
Msg: 18
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History
Military Service
Posted: 11/25/2005 2:20:08 PM

i am a soldier and i think the kid deserved it anyways pointing a weapon at a drill seargent truly


Although provided without context, the missue of a weapon is the one area where a drill isntructor has an absolutely free hand to do withthe situation as they see fit to prevent injury or death to others.
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