Posted on Aug 14, 2015
Limits of authority of a reserve commissioned officer?
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A while back I had an interesting situation develop on a flight that I was taking while not in uniform. Sitting one row behind me was a group of midshipmen that were traveling home for spring break, in uniform. During the flight, they got a bit rowdy and were discussing topics that were inappropriate for discussion at anytime, especially in uniform. After landing, I identified myself as an officer and asked to speak with them once we were off of the plane and proceeded to tell them that when they are in uniform, they should act in a manner appropriate to the uniform.
So I have been working though some PME courses and the topics of the UCMJ and lawful orders are being discussed and I was wondering what, if any are the limits of authority one holds as a commissioned officer in the reserves. If one were to observe a military member violating the law or UCMJ and you attempt to correct them (while not in a duty status) and they disobey, could they be charged under article 90 of the UCMJ?
So I have been working though some PME courses and the topics of the UCMJ and lawful orders are being discussed and I was wondering what, if any are the limits of authority one holds as a commissioned officer in the reserves. If one were to observe a military member violating the law or UCMJ and you attempt to correct them (while not in a duty status) and they disobey, could they be charged under article 90 of the UCMJ?
Authority
Commission
UCMJ
JAG
Posted >1 y ago
Responses: 19
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ENS (Join to see) Ensign, I'll let more senior people give definitive answers, but my understanding is this: if I was standing before you after you'd pulled me aside as you describe, 'reserve' doesn't come into it. You're an officer, and someone I'd have to give the appropriate respect to. Certainly no disrespect. And if these cadets are Naval Academy cadets, they are absolutely subject to the UCMJ.
Welcome to RP!
Welcome to RP!
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I agree with SN Greg Wright. An officer is an officer, regardless of affiliation or current Title 10 status but the UCMJ backs you here. Article 92 of the UCMJ states in pertinent part "a lawful order issued by ANY member of the Armed Forces." As long as the order is lawful, you're golden. Besides, any Commander isn't going to give two shits about your duty status if you're trying to stop his folks making his/her unit look bad.
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SN Greg Wright
COL Vincent Stoneking - That's interesting. I didn't know that. So a NG soldier that steps out of line in his home state while in uniform doesn't get thrown the UCMJ book?
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LTC (Join to see)
SN Greg Wright - that is correct. NG Soldiers in Title 32 status are not subject to UCMJ but are subject to state laws governing the military. If NG are called to Active Duty in a Title 10 status, then they are subject to UCMJ.
Some states have passed laws similar to the UCMJ that would empower Title 32 commanders to deal with issues with punishments like the UCMJ.
Some states have passed laws similar to the UCMJ that would empower Title 32 commanders to deal with issues with punishments like the UCMJ.
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COL Vincent Stoneking
SN Greg Wright - As LTC (Join to see) stated, that is correct. In the case of the WA National guard, they are subject to the "Washington Code of Military Justice", which can be perused here http://app.leg.wa.gov/rcw/default.aspx?cite=38.38. A quick perusal will show that it is very similar to, but also different from the UCMJ. Additionally, each state is going to have its own case law that effects how its military code is applied in practice.
One "fer instance" that really stands out is 38.38.672, the analog of Article 88, which states that "Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a court martial may direct."
One "fer instance" that really stands out is 38.38.672, the analog of Article 88, which states that "Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a court martial may direct."
Chapter 38.38 RCW: WASHINGTON CODE OF MILITARY JUSTICE
To print a page in the RCW, use your browser’s normal print functions (Ctrl-P on a PC, Command-P on a Mac, or File Print on either). The resulting printed page will show just the content and not the banner at the top, the left-side navigation, or the footer links. To see how the page will look before you print it, use your browser’s Print Preview.
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SN Greg Wright
COL Vincent Stoneking LTC (Join to see) Wow that seems like it's really complicated. Glad I'm not JAG lol. Respect to those that are.
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Sir, you are a commissioned Officer. "Reserve" is a non-player. You took the same Oath that your brethren Ladies and Gentlemen took. You have every right, nay obligation, to enforce the rules by which we live.
If those Sailors were in the wrong and they went on to dispute you, I am sure that any (Navy) Chief on deck will explain in GREAT detail how significant your Reserve status is in relation to your inherent authority.
If those Sailors were in the wrong and they went on to dispute you, I am sure that any (Navy) Chief on deck will explain in GREAT detail how significant your Reserve status is in relation to your inherent authority.
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