Can a commander give you an Article 15 for not rescheduling an appointment? If so, what is the regulation?

SPC Private RallyPoint Member — Wed, 04 Oct 2017 17:04:57 -0400

Response by CPT Mark Gonzalez made Oct 4 at 2017 5:12 PM

CPT Mark Gonzalez — Wed, 04 Oct 2017 17:12:14 -0400

Who gave the order? Failure to obey a lawful order, Art 92 UCMJ.

Response by MSG Private RallyPoint Member made Oct 4 at 2017 6:07 PM

MSG Private RallyPoint Member — Wed, 04 Oct 2017 18:07:41 -0400

Since your SCHEDULED appointment was your assigned place of duty for that evolution......they can if they so desire unless you can prove beyond reasonable doubt as to why you missed it.

Response by MSG Timothy Lafferty made Oct 4 at 2017 7:33 PM

MSG Timothy Lafferty — Wed, 04 Oct 2017 19:33:46 -0400

Depends on what the appointment was and each commander get on a hit list from the post commander when soilders miss their appointments

Response by SSgt Boyd Herrst made Oct 4 at 2017 8:35 PM

SSgt Boyd Herrst — Wed, 04 Oct 2017 20:35:32 -0400

Talk to your immediate supervisor, SPC, you’re an E-4, you should Prob’ly knows that those refs inside out and backward and upside down.
K. Think instead of asking get it rescheduled asap and be there if you don’t want to wear Pfc again.

Response by LTC Jason Mackay made Oct 4 at 2017 11:14 PM

LTC Jason Mackay — Wed, 04 Oct 2017 23:14:08 -0400

SPC Private RallyPoint Member 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.

Response by MAJ Private RallyPoint Member made Oct 5 at 2017 9:22 AM

MAJ Private RallyPoint Member — Thu, 05 Oct 2017 09:22:46 -0400

There are several UCMJ articles that this may fall under, 92, and 86 come right out in my mind, failure to follow an order, or failure to go to your appointed place of duty, at the prescribed time. Any reason why you failed to reschedule the appointment, did you fail to show up to your original appointment? @v

Response by SGM Erik Marquez made Oct 5 at 2017 11:40 AM

SGM Erik Marquez — Thu, 05 Oct 2017 11:40:12 -0400

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.