Authority of the Noncommissioned Officer

Task # 082-WV-E91 0022

Military discipline is founded upon self-discipline, request for

properly constituted authority, and group training to create a

mental attitude resulting in proper obedience to lawful military

authority

Motivator

To effectively exercise NCO authority

IAW AR 600-20, AR 27-10 and TC 22-6

Terminal Learning Objective

Identify the sources of NCO authority

Identify the functions of the NCO support channel

Identify the use of the Manual for Courts Martial and AR 27-18, Military Justice

Identify the corrective measures an NCO may take

Identify actions an NCO can recommend

Enabling Learning Objectives

The pinnacle of NCO authority is the Constitution of the United states.

The Constitution gave Congress the authority to raise an Army, a military force to defend the nation.

The constitution also empowers Congress to raise taxes to pay for the military force.

What are the sources of NCO Authority?

The president has the power to direct and delegate authority to military subordinates such as the Secretary of Defense, The Joint Chiefs of Staff and the secretaries of the separate armed forces.

To whom may the president direct and delegate authority?

As Army NCOs we are primarily concerned with the authority that flows down through the chain of command.

Command authority includes your authority as an NCO, even if you are the last link in the chain of command, such as squad leader, section leader, or team leader.

Sources of NCO Authority

Is defined as the right to direct Soldiers to do certain things.

It is the legitimate power of leaders to direct Soldiers or to take action within the scope of their position.

Using good judgment when exercising authority is imperative. Know what authority you have and where it comes from.

NCOs do not have the authority to impose non-judicial punishments on other enlisted Soldiers.

“I WILL NOT USE MY GRADE OR POSITION TO ATTAIN PLEASURE, PROFIT, OR PERSONAL SAFETY.”

- CREED OF THE NONCOMMISSIONED OFFICER

AUTHORITY

TWO TYPES OF AUTHORITY

COMMAND AUTHORITY

GENERAL MILITARY AUTHORITY

“IT TAKES GUTS FOR AN NCO TO USE INHERENT AUTHORITY AND RESPONSIBILITY IN TRAINING, MAINTAINING, LEADING AND CARING FOR SOLDIERS.”

- SMA GLEN E. MORRELL

COMMAND AUTHORITY Is the authority leaders have over Soldiers by

virtue of rank or assignment

It originates with the President and may be supplemented by law or regulation.

NCOs’ command authority is inherent with the job by virtue of position to direct or control Soldiers.

GENERAL MILITARY AUTHORITY

Is extended to all Soldiers to take action and act in the absence of a unit leader or other designated authority

It allows leaders to take appropriate corrective actions whenever a member of any armed service commits an act involving a breach of good order and discipline.

Example: NCO’s have the military authority, and a duty, to stop a fight between Soldiers, correct violations of AR 670-1, correct violations involving military customs and courtesies, etc.

DELEGATION OF AUTHORITY

Commanders and their staffs, at all levels of command, are responsible for ensuring proper delegation of authority to NCOs by their seniors.

This is true regardless of whether the senior is an officer, warrant officer, or another NCO.

Just as Congress and the President cannot participate in all aspects of armed forces operations, most leaders cannot be directly involved in handling each and every action.

KEY POINTS ON AUTHORITY NCO’s authority plays an essential part in military

discipline.

Combination of the COC and the NCO support channel provide you authority to get the job done.

The chain of command backs up the NCO support channel by legally punishing those who challenge the NCO’s authority.

Use of mature, sound judgment is critical when exercising authority. Not only for NCOs, but for officers as well.

Creates a channel of communication and supervision

CSM to 1SG and then on down to the NCO and other enlisted Soldiers

What is the role of the NCO support channel?

Transmitting, instilling, and ensuring professional ethic.

Planning and conducting the day to day ops within the prescribed policies and directives.

Training enlisted soldiers in both MOS specific skills and soldier skills.

Supervising physical fitness

Upholding military history and customs

HOW DOES THE NCO SUPPORT CHANNEL ASSIST COC?

Caring for the soldier and their families

Teaching soldiers the unit mission

Accountability of personnel and equipment

Admin and development of an NCODP program

Achieving and maintaining courage, candor, competence and commitment

And the list goes on…..

and on, and on, and on, and on…..

The UCMJ is a federal law

It is the basis of our present system of military criminal justice

It declares what conduct is a crime, establishes the various types of courts, and sets forth the basic procedures to process military criminal cases

What is the UCMJ and what do we need to know about it?

The Uniform Code of Military Justice was enacted in 1950 to replace the Articles of War established in 1775.

The UCMJ is a federal law enacted by Congress and elected civilian legislators, not military officials at the pentagon.

The Uniform Code of Military Justice

Congress cared enough about the NCOs mission to write a law. The law, Article 91, protects and upholds the authority of an NCO.

Article 91 of the UCMJ make it a crime to strike or assault an NCO, disobey the lawful orders of an NCO, or show disrespect to an NCO.

Article 91

AR 600-20 not only establishes the authority of NCO’s over subordinate soldiers, it also requires that authority be delegated to NCO’s.

Para 2-1: “Commanders and their staff at all levels of command are responsible for ensuring proper delegation of authority to NCOs by their seniors.”

What is important to remember about AR 600-20, “Army Command Policy?

Corrective actions are NOT designed to punish or humiliate soldiers.

Punishment may not be imposed, except by a commander or court martial.

What do we need to know about corrective training?

Inspections

corrective

training,

counseling,

reprimands

admonitions.

What are examples of corrective actions an NCO can take?

CORRECTIVE TRAINING

The training, instruction, or correction given to a Soldier must be directly related to the deficiency

Orient the corrective action to improving the Soldier’s performance in the problem area

Corrective measures may be taken after normal duty hours, but must not be construed as punishment

Corrective training should continue only until the deficiency has been overcome

All levels of command should take care to ensure that training and instruction are not used in an oppressive manner to evade the procedural safeguards in imposing non-judicial punishment

Do not annotate deficiencies in Soldier’s official records that have been satisfactorily corrected

Corrective Training cont…

ON-THE-SPOT CORRECTIONS

One of the most effective administrative corrective measures; used in making the quickest correction to training or standards deficiencies.

CORRECT THE SOLDIER

ATTACK THE PERFORMANCE, NEVER THE SOLDIER

GIVE ONE CORRECTION AT A TIME. DO NOT DUMP

DON’T KEEP BRINGING IT UP. WHEN THE CORRECTION IS OVER, IT’S OVER.

INSPECTIONS AND CORRECTIONS

Why Do We Have Inspections?

• To prevent carelessness and lackadaisical behavior in Soldiers

• To correct minor deficiencies and maintain the Army standard

• Serviceability of uniforms and equipment

• To promote healthy, safe living and work environments

TYPES OF INSPECTIONS

In-ranks: Inspection of personnel and equipment while in unit formation

In-quarters: May include inspection of personal appearance, field equipment, displays, maintenance and sanitary conditions

PCC/PCI: Inspection of personnel, equipment and mission knowledge prior to conducting training or combat ops

Inspections measure and improve the state of the soldier’s training, health preparedness, appearance and moral.

By conducting routine, periodic inspections, leaders develop a better idea of how their soldiers live and a command presence is established which deters crime and strengthens discipline.

Why do we use inspections an how are they helpful?

Leaders can detect shortcomings and make on the spot corrections. Leaders should continue inspections until deficiencies are corrected.

Leaders may have inspections as often as necessary to encourage soldiers to maintain living area properly, to improve personal appearance, and to contribute to a well-trained and disciplined Army

Inspections Cont.

Corrective training should be constructive, not harassing or punitive.

If Soldiers perceive the training or instruction as punishment, then all training and instruction are degraded and their value jeopardized.

Lets talk about correct training

Corrective training may be conducted during duty or off-duty hours.

Must be appropriate to the deficiency and mission requirement.

Deficiencies corrected with training and instruction usually will be considered closed incidents and will not be noted in the records of the Soldiers.

Corrective Training Cont.

counselor must try to learn what produced the undesirable conduct

why a Soldier failed to maintain the desired

standards

and what action caused a defections or unresponsive attitude.

Refer to IAW FM 27-1; what else is there to know about counseling?

May be written or oral

May be by the commander or an NCO

The NCO should furnish helpful advice and motivate the Soldier to be a better Soldier.

Counseling can take the form of a discussion or special instruction over an extended period of time.

Counseling Cont.

You must learn to recognize when to take a different course of action.

Document counseling given to soldiers to support corrective efforts in case more serious actions become necessary later on.

What’s important…..

Formal & Informal

Formal: recorded, documented counseling that will be placed in the Soldier’s record.

Informal: non-recorded, non-documented counseling.

What are the two basic types of counseling in the Army and how are they different?

A reprimand is a reproof, rebuke, censure, strong criticism or “chewing out” for failing to comply with the established standard.

An admonition is a warning that a specific act is considered to be misconduct and that its repetition will likely warrant a more severe response.

What is a reprimand and what is an admonition?

NCOs should try to fix performance faults at their level. If their fixes fail, they can and should recommend more forceful fixes through the chain of command. NCOs can recommend an Article 15 or a court-martial.

What should NCOs do before recommending corrective or administrative action by commanders?

Withhold Privileges

Revocation of security Clearance

MOS Reclassification

Reduction in Grade

What actions can NCOs recommend?

Tardiness for formation or duties

AWOL 1-24 hours

Loss of clothing or equipment

Substandard personal appearance and hygiene.

Persistent indebtedness

Frequent traffic violations

What are the ground for barring a Soldier from reenlistment?

Recurrent punishment under UCMJ, Article 15.

Use of sick call without medical justification

Unwillingness to follow orders

Not trainable

Unable to adapt to the military

Failure to manage personal affairs

Frequent difficulties with fellow Soldiers

ON SNAP!! There’s More…

To separate a Soldier successfully, it is necessary to document efforts to help the Soldier meet Army Standards.

Documentation is a leadership responsibility.

NCOs should begin to document performance problems and corrective actions in all cases that appear resistant to first-line fixes.

Let’s talk about the documentation requirements

Relief for cause

Bar to reenlist

Unfavorable evaluations

Removal from nuclear surety program

Removal from promotion list

What Other actions may NCOs consider and recommend?

Reduction for civil convictions

Revocation/suspension of on post privileges

Off limits action

Denial of overseas separation

Denial of foreign tour extension

Restraint or restriction in conjunction with UCMJ

Other Actions Cont.

Emphasize rehabilitation

Try first-line fixes

Actions can be combined

Some action are more appropriate than an Article 15

Who can give us some guidelines on the implementation of the actions we have discussed today?

Bonus MaterialAssuming a Leadership Position

Duty Responsibility

Assuming a Leadership Position

Determine what your organization expects from you.

Determine who your immediate supervisor is and what he or she expects from you.

Determine the competence level and the strengths and weaknesses of your Soldiers.

Identify the key people outside of your organization who are willing to support you in accomplishing your mission.

Assume a Leadership Position What is the organization’s mission? How does it

fit in with the mission of the next higher organization?

What standards must the organization meet?

What resources are available to help the organization accomplish the mission?

What is the current state of morale?

Who reports directly to you and who do you report to? When and what do you talk to your Soldiers about?

DUTY

“

A duty is something you must do by virtue of your position and is a legal and moral obligation. It is the supply sergeant’s duty to issue

equipment and keep records of unit supplies.

It first sergeant’s duty to hold formations, instruct platoon sergeants and assist/advise the commander.

It is the squad leader’s duty to account for his soldiers and ensure they receive necessary instructions and are properly trained.

THREE TYPES OF DUTIES

SPECIFIED

DIRECTED

IMPLIED

“NCOs SHOULD MAKE IT A POINT TO DROP BY THE BARRACKS ON AND OFF DUTY TO VISIT SOLDIERS AND CHECK ON THEIR WELFARE.” - - SMA JACK L. TILLEY

SPECIFIED DUTIES

duties related to jobs and positions

“specified” by Army regulations, DA general orders, soldier’s manuals, MOS job descriptions, etc.

Example: AR 600-20 says that NCOs must ensure that their Soldiers get proper individual training and maintain personal appearance and cleanliness.

DIRECTED DUTIES are passed down from a superior, either orally

or written

not specified in MOS duty descriptions, Army publications, or as part of a job position

May know these as appointed duties as well

Example: Staff Duty NCO, DFAC Headcount, Unit Mail Clerk, Training NCO

IMPLIED DUTIES

often support specified duties.

They may or may not be written, but ARE implied in the instructions.

They improve the quality of the job and help

keep the unit functioning at optimum level.

Example: While not specifically directed to do so, you inspect the uniform of your Soldier appearing before the promotion board to ensure it is in accordance with AR 670-1.

RESPONSIBILITY is being accountable for what you do or what

you fail to do.

NCOs are responsible to fulfill their individual duties, and to ensure their teams and units are successful

NCOs are accountable for their own personal conduct and that of their Soldiers

Any duty, because of the position you hold in the unit, includes a responsibility to execute that duty

“MY TWO BASIC RESPONSIBILITIES WILL ALWAYS BE UPPERMOST IN MY MIND- -ACCOMPLISHMENT OF MY MISSION AND THE WELFARE OF MY SOLDIERS.”

- CREED OF THE NONCOMMISSIONED OFFICER

TWO TYPES OF RESPONSIBILITY

“BEING RESPONSIBLE SOMETIMES MEANS PISSING PEOPLE OFF.”

-GENERAL COLIN POWELL

COMMAND RESPONSIBILITY

INDIVIDUAL RESPONSIBILITY

COMMAND RESPONSIBILITY

Refers to collective or organizational accountability

Includes how well the unit performs their missions.

The amount of responsibility delegated to the NCO depends on the mission, the position he holds, and their willingness to accept the responsibilityExample: A detachment commander is responsible for all the tasks and missions assigned to the detachment. His superiors will hold him accountable for completing them and the end results.

INDIVIDUAL RESPONSIBILITY Being accountable for your own personal

conduct.

All Soldiers have their own responsibilities and are accountable for their actions

Example: A soldier without a car decides to live off-post with his family is responsible for securing his own transportation to and from his place of duty.

Questions?