Can A Soldier Refuse An Order?

Can the President discharge a soldier?

In any event, if an officer (especially one who had been a three or four-star general) is relieved from his or her position and reverts to the lower rank of major general and still refuses to request retirement, the President may be able to dismiss the officer from the armed forces entirely..

What is an illegal order?

Scholars of military law are clear that such orders are not difficult to discern; as one military justice scholar put it, manifestly illegal orders are precisely those orders that do not prompt a service member to “reason why” the order is unlawful.

Can the President deploy troops on US soil?

The act provides a “statutory exception” to the Posse Comitatus Act of 1878, which limits the use of military personnel under federal command for law enforcement purposes within the United States. … There are Constitutional exceptions to Posse Comitatus restrictions rooted in the President’s own constitutional authority.

Can a drill sergeant hit you?

Drill Instructors/Drill Sergeants don’t physically touch recruits. They don’t hit or physically assault recruits, ever. They come close, but they never physically hurt or even touch recruits. Another thing that is important is that everything they do is for a purpose, a rehearsed, manufactured, and engineered purpose.

What is military punishment called?

Non-judicial punishment (or NJP) is any form of punishment that may be applied to individual military personnel, without a need for a court martial or similar proceedings.

What is it called when you get kicked out of the military?

A military discharge is simply defined as a military member being released from their obligation to continue service in the armed forces. A discharge relieves the veteran from any future military service obligations where as a retired reserve individual may be called back to active duty.

What is it called when a soldier refuses to fight?

A conscientious objector is an “individual who has claimed the right to refuse to perform military service” on the grounds of freedom of thought, conscience, or religion. … The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience.

Can you refuse an order in the military?

In the U.S. military, insubordination is covered under Article 91 of the Uniform Code of Military Justice. It covers disobeying lawful orders as well as disrespectful language or even striking a superior.

What happens if a soldier disobeys an order?

The penalties for violating or failing to obey a lawful general order or regulation include: Dishonorable discharge; Forfeiture of pay and allowances; and/or. No more than 2 years of confinement.

Do soldiers have to follow orders?

Every military officer swears an oath upon commissioning. That oath is not to obey all orders. It is to “preserve, protect, and defend the Constitution of the United States against all enemies, foreign and domestic.” It is simply wrong to say Calley had an obligation to follow any order no matter what.

What is the punishment for disobeying orders in the military?

Article 92 UCMJ Maximum Punishment The maximum punishment for a violation or failure to obey lawful general order or regulation is dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years.

Does the US president control the military?

The president of the United States is the commander-in-chief of the United States Armed Forces and as such exercises supreme operational command over all national military forces of the United States. … The president and secretary of defense collectively, form the National Command Authority.