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  #1  
Old 06-10-2009, 05:34 PM
Junior Member
 
Join Date: Jun 2009
Posts: 1

Family rights in the military?


What is the name of your state (only U.S. law)? AZ

Hello I would appreciate any insight I could get here. I am a member of a National Guard unit deploying soon to Iraq. Our unit is having a mandatory Family day for soldiers. Our families attending was put out as optional. My 1SG spoke to me and asked if my wife was going to be attending. When I told him she wasn't (She is 4 months pregnant and the trip to the unit is over 2 hours, in addition I had extremley bad experiences with our FRG in my first and second deployment) he gave me a direct order that she must go otherwise I would be facing and art 15 for disobeying a direct order.

My wife is a service member also but she hasn't been given any direct orders to attend.

Can someone please offer some help? Preferably with regulations if they exist that protect family members?

I honestly feel that I am being treated unfairly being that I was the only individual to my knowledge singled out in this way. In addition I believe that I am the head of my family and will do what is best for them. I feel that a direct order of this nature is down right offensive.

Thanks,
Lawrence
  #2  
Old 06-10-2009, 06:17 PM
Member
 
Join Date: Jun 2009
Posts: 52

Direct lawful order


You are only required obey direct lawful orders. If your wife refuses to attend, are you being ordered to kidnap her?

Article 92 of UCMJ:
Article 92--Failure to obey order or regulation
a. Text of statute. Any person subject to this
chapter who--
(1) violates or fails to obey any lawful general
order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
  #3  
Old 06-10-2009, 08:43 PM
Member
 
Join Date: Jan 2009
Posts: 656
Quote:
Originally Posted by objetora View Post
You are only required obey direct lawful orders. If your wife refuses to attend, are you being ordered to kidnap her?

Article 92 of UCMJ:
Article 92--Failure to obey order or regulation
a. Text of statute. Any person subject to this
chapter who--
(1) violates or fails to obey any lawful general
order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
Really, Why don't you save your rhetoric for the AWOL posts.

Your Top does not have the final word. If you feel that you are being treated unfairly take it up the chain of command, that is what it is there for.
__________________
"In the fell clutch of circumstance
I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed."

William Ernest Henley 1875

Last edited by ERAUPIKE; 06-10-2009 at 08:45 PM.
  #4  
Old 06-15-2009, 05:04 AM
Member
 
Join Date: Jun 2005
Location: Back from Iraq
Posts: 601
When asked, what did your CO say? What about the CSM?



Oh, that's right... Soldiers think there is no need to use the CoC nowadays with the advent of the internet.
__________________
Just some schmuck with a truck... And a high I.Q.

"A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy

I do not help deserters...

Quote:
Originally Posted by IsabellaSoriano View Post
that's like saying robbing a doughnut shop is entrapment.
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