Can you refuse an order in the military?

Article 92 of the Uniform Code of Military Justice makes it a crime to disobey a lawful military order or regulation. You can be considered to be in violation of Article 92 if you intentionally violate or fail to follow an order.

Do soldiers have to follow orders?

This oath is very straightforward, stating that all soldiers must “support and defend the Constitution of the United States against all enemies, foreign and domestic.” It also includes that any military man or woman must “obey the orders of the President of the United States and the orders of the officers appointed …

What constitutes an unlawful order in the military?

This inference does not apply to a patently illegal order, such as one that directs the commission of a crime. (ii) Determination of lawfulness. The lawfulness of an order is a question of law to be determined by the military judge. (iii) Authority of issuing officer.

Why do soldiers follow orders?

American soldiers are trained to adapt and overcome. This is why American soldiers are given the “why” not just the “how.” The American soldier follows orders, so long as the order is a legal one. Following orders is how militaries work, it isn’t a democracy, discipline wins wars and saves lives.

Who can give orders in the military?

“Command is exercised by virtue of office and the special assignment of members of the Armed Forces holding military rank who are eligible to exercise command.” In general, military personnel give orders only to those directly below them in the chain of command and receive orders only from those directly above them.

Are soldiers allowed to disobey the law?

No soldier, sailor, or airman would be in a position to plead ignorance of the law. Any member of the military who received such an order would not just be allowed to disobey it – they would be required to do so.

But it’s not enough to assert that soldiers must follow all lawful orders and disobey unlawful ones. Not every case is clear-cut. Soldiers taking orders in combat must act quickly and don’t always have time to calmly deliberate on every decision.

What is an active duty member of the military?

Active-duty members fall under the jurisdiction of the U.S. Department of Defense and can serve in the Army, Air Force, Navy, Marine Corps, and Coast Guard. Remember: If an individual served active-duty service, it is credible toward length-of-service requirements when qualifying for veterans benefits.

Does being inactive count as time spent in active duty?

During IRR status, the time spent inactive doesn’t count toward veteran’s benefits unless the member is recalled into active duty. Roughly 15,000 IRR members have been recalled to active duty, largely for the Army and Marine Corps, every year since 2004.