Posted on Oct 4, 2017
Can a commander give you an Article 15 for not rescheduling an appointment? If so, what is the regulation?
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UCMJ
UCMJ
Posted 7 y ago
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SPC (Join to see) Your commander can do this, it is within their authority as a commander. If there is a mission requirement to do something, then he can direct soldiers to do it as he sees fit.
The details are thin so you get the thin answer. Some examples where this would be perfectly logical:
- soldier makes an appointment when the unit is scheduled for centralized SRP. Commander prioritized SRP and directs attendance.
- unit has scheduled a range. This range is the only availability for 6 months in the TRM. Cancel appointment and qualify on assigned weapon.
- unit has had a FTX scheduled on the training calendar for at least 6 weeks. The access to care people extend you an appointment you have been waiting for, you present this to the command as it impacts your readiness. Commander decides training is a priority and you reschedule.
- are these absolute? No. There is discretion. That is why responsibility and authority are tempered by empathy, judgement, and wisdom.
Commanders may cancel or have soldiers reschedule anything including dental, medical, ASAP, and other appointments if they believe there is a compelling reason. Commanders are responsible to no one other than their next higher commander as to its necessity
Regulations
- AR 600-20 Para 2-1
...b. Commanders are responsible for everything their command does or fails to do. However, commanders subdivide responsibility and authority and assign portions of both to various subordinate commanders and staff members. In this way, a proper degree of responsibility becomes inherent in each command echelon. Commanders delegate sufficient authority to Soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these Soldiers responsible for their actions. Commanders who assign responsibility and authority to their subordinates still retain the overall responsibility for the actions of their commands.
c. Proper use of the chain of command is vital to the overall effectiveness of the Army. Commanders must acquaint all their Soldiers with its existence and proper function. Effective communication between senior and subordinate Soldiers within the chain of command is crucial to the proper functioning of all units. Therefore, Soldiers will use the chain of command when communicating issues and problems to their leaders and commanders.
-Para 4–2. Obedience to orders
All persons in the military Service are required to strictly obey and promptly execute the legal orders of their lawful seniors.
This is backed by Article 92 In the MCM. CPT Mark Gonzalez , so if your Command directed you to cancel or reschedule an appointment, and you did not, then yes they could pursue an Article 15. If you went to the appointment anyway, in lieu of what you were ordered to do, other things can happen. Depending on the exact circumstances, you could also be looking at FTR, missed movement, among others.
The details are thin so you get the thin answer. Some examples where this would be perfectly logical:
- soldier makes an appointment when the unit is scheduled for centralized SRP. Commander prioritized SRP and directs attendance.
- unit has scheduled a range. This range is the only availability for 6 months in the TRM. Cancel appointment and qualify on assigned weapon.
- unit has had a FTX scheduled on the training calendar for at least 6 weeks. The access to care people extend you an appointment you have been waiting for, you present this to the command as it impacts your readiness. Commander decides training is a priority and you reschedule.
- are these absolute? No. There is discretion. That is why responsibility and authority are tempered by empathy, judgement, and wisdom.
Commanders may cancel or have soldiers reschedule anything including dental, medical, ASAP, and other appointments if they believe there is a compelling reason. Commanders are responsible to no one other than their next higher commander as to its necessity
Regulations
- AR 600-20 Para 2-1
...b. Commanders are responsible for everything their command does or fails to do. However, commanders subdivide responsibility and authority and assign portions of both to various subordinate commanders and staff members. In this way, a proper degree of responsibility becomes inherent in each command echelon. Commanders delegate sufficient authority to Soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these Soldiers responsible for their actions. Commanders who assign responsibility and authority to their subordinates still retain the overall responsibility for the actions of their commands.
c. Proper use of the chain of command is vital to the overall effectiveness of the Army. Commanders must acquaint all their Soldiers with its existence and proper function. Effective communication between senior and subordinate Soldiers within the chain of command is crucial to the proper functioning of all units. Therefore, Soldiers will use the chain of command when communicating issues and problems to their leaders and commanders.
-Para 4–2. Obedience to orders
All persons in the military Service are required to strictly obey and promptly execute the legal orders of their lawful seniors.
This is backed by Article 92 In the MCM. CPT Mark Gonzalez , so if your Command directed you to cancel or reschedule an appointment, and you did not, then yes they could pursue an Article 15. If you went to the appointment anyway, in lieu of what you were ordered to do, other things can happen. Depending on the exact circumstances, you could also be looking at FTR, missed movement, among others.
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SPC (Join to see)
I appreciate that sir. One of the soldiers has a serious medical problem and his appt is the same day as the srp' and he's new and he didn't want to get kicked out so we tried asking some people but they just tell us to stay in our lane. Once again appreciate it sir.
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LTC Jason Mackay
SPC (Join to see) - if a soldier has a serious medical condition, he needs to bring it to his first line leader and get it addressed. If they can address it at SRP, great. If they can't, he may be non deployable, so going to SRP may be fruitless. Using the CoC and NCO Support Channel IAW 600-20 this could get world out. Suffering in silence and worrying about getting kicked out isn't the answer.
It means conversation and explanation on both sides of this.
It means conversation and explanation on both sides of this.
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Not enough info.
Is this the SM wanting to keep the scheduled appointment and has been directed to change it?
Is the appointment scheduled something that can easily be rescheduled? Or one that took weeks to get?
Has the person demanding a reschedule of the appointment been informed of what the appointment is for?. What the wait time for this appt was and want the wait time will be for a reschedule?
Informed of the the possible issues arising from not keeping the appointment as scheduled?
CDR/1SG meeting issues blanket "Tell everyone no appt during mandatory training Friday"
Psg to SQD leader... No appt Friday.
Sqd Ldr to SM, " Cancel and reschedule your appointment Friday"
When reality is, it was general statement (one I have mistakenly made myself) that was never intended to order all appointments canceled or not made no matter what. No CDR/1Sg worth their position is going to tell a SM seeing their oncologist Friday to get results of a biopsy "reschedule" Nor reschedule the surgery appointment you have been waiting on for 18 weeks...
But they will tell you NO, reschedule that S1 appt for promotion point worksheet review till Monday...your board is not for 3 months, it can wait.....or reschedule that routine non pain/life / limb / or eyesight Med appt for the elective procedure till next week.
Is this the SM wanting to keep the scheduled appointment and has been directed to change it?
Is the appointment scheduled something that can easily be rescheduled? Or one that took weeks to get?
Has the person demanding a reschedule of the appointment been informed of what the appointment is for?. What the wait time for this appt was and want the wait time will be for a reschedule?
Informed of the the possible issues arising from not keeping the appointment as scheduled?
CDR/1SG meeting issues blanket "Tell everyone no appt during mandatory training Friday"
Psg to SQD leader... No appt Friday.
Sqd Ldr to SM, " Cancel and reschedule your appointment Friday"
When reality is, it was general statement (one I have mistakenly made myself) that was never intended to order all appointments canceled or not made no matter what. No CDR/1Sg worth their position is going to tell a SM seeing their oncologist Friday to get results of a biopsy "reschedule" Nor reschedule the surgery appointment you have been waiting on for 18 weeks...
But they will tell you NO, reschedule that S1 appt for promotion point worksheet review till Monday...your board is not for 3 months, it can wait.....or reschedule that routine non pain/life / limb / or eyesight Med appt for the elective procedure till next week.
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