What documentation can I find on the subject of "Legal and the NCO Leader" out side of the manual for court martial?

2022-09-12T20:33:52-04:00

I'm currently in BLC and I'm gathering research for my informative essay and I was wondering if anyone, possibly in paralegal, can tell me where I can find relevant information on the role of the NCO in legal matters.

Response by COL Randall C. made Sep 12 at 2022 8:48 PM

2022-09-12T20:48:48-04:00

SGT Private RallyPoint Member, are you looking from a historical view or actual roles and responsibilities of a NCO during legal proceedings?

I.e., ... something like this - In 1849, a young man named Percival Lowe enlisted into the U.S. Army's elite Dragoon unit. Lowe use his knowledge of the land and equestrian skills to immediately make an impact in his unit. Lowe would achieve the rank of first sergeant in just over two years.

In 1853, Lowe, along with other NCOs in his company, established the "company court martial." It was not yet recognized by the Army, but this was the first time that NCOs could enforce discipline in their Soldiers for breaking regulations without dealing with lengthy proceedings.

or something like this, "NCOs have the authority to apprehend persons subject to the UCMJ pursuant UCMJ, Art. 7; RCM 302(b); and chapter 4 of AR 600-20."?

If the former, Google is your friend. Lots of different historical documents that you can sift though that will give you quite a bit of info.

If the latter, start with AR 600-20.

Response by CSM Darieus ZaGara made Sep 13 at 2022 10:43 AM

2022-09-13T10:43:18-04:00

Reach out to the legal office for interpretations of the breadth of NCO authority. Pull up the AR’s and legal policy. Research the content of the NCO creed and evaluate counseling and other forms of NCO guidance without knowing the track of the thesis it is hard to be more concise.

Response by SPC Private RallyPoint Member made Sep 13 at 2022 2:59 PM

2022-09-13T14:59:05-04:00

I guess that needs more context.

For example if you're asking what an NCO's role is in say an Article 15, then the role is administrative, documentation, instruction, counseling, and corrective training. There is no "legal" role, all of that authority lies with the commander. For example an NCO can recommend that a commander initiate an Article 15 but an NCO can't do it themselves which is an often enough threat.

NCO's do offer important insight that a commander should be aware of however, if everything is done correctly. Such as counselings and corrective training before a commander considers conducting an Article 15.

I have watched BLO's and OSJA's turn down requests time and time again for Article 15's due to insufficient supporting documentation including poorly written counselings and letters of instruction.

During a reading an NCO might be called in to speak on their Soldiers behalf, explain matters to the commander, or to recommend punishment, but the NCO has no actual say. It all falls on the commanders decision, but a statement from an NCO can have an impact.

The Article 15 is just an example of NCO interaction in a JAG function, if that doesn't help I'd recommend reaching out to your local BLO or OSJA and requesting a Legal LPD. Of course I doubt you'll have the opportunity in BLC, so without further context I'm not sure what to opine on your what legal resource you might need.

Perhaps AR 27-10 will offer you some insight.

Response by SGT Private RallyPoint Member made Oct 1 at 2022 6:47 PM

2022-10-01T18:47:52-04:00

Thank you to everyone who commented or made suggestions. It turned out that they wanted a personal perspective rather than doctrine so O had to go in another direction.