United States v. McLaughlin

14 M.J. 908, 1982 CMR LEXIS 820
CourtU.S. Navy-Marine Corps Court of Military Review
DecidedOctober 29, 1982
DocketNMCM 82 1387
StatusPublished
Cited by10 cases

This text of 14 M.J. 908 (United States v. McLaughlin) is published on Counsel Stack Legal Research, covering U.S. Navy-Marine Corps Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. McLaughlin, 14 M.J. 908, 1982 CMR LEXIS 820 (usnmcmilrev 1982).

Opinion

BYRNE, Judge:

Private McLaughlin was convicted, contrary to his pleas, of two specifications of failure to obey lawful orders, two specifications of assault and two specifications of communicating a threat, violations of Articles 92, 128, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 892, 928, and 934. The military judge sentenced Private McLaughlin to confinement at hard labor for 25 days; to forfeit $300.00 per month for two months; and to be discharged from the U.S. Marine Corps with a bad-conduct discharge. The convening and supervisory authorities approved the sentence.

As the result of an incident in a Marine Corps enlisted men’s club between Private McLaughlin and the assistant manager of the club, Private McLaughlin was summoned to a meeting the next day (June 25, 1981) with Sergeant McCord, the club manager. Sergeant McCord testified he identified himself to Private McLaughlin by rank and by duty assignment. He stated he inquired about the prior evening’s incident, noted Private McLaughlin’s conduct was inappropriate and then announced that Pri[910]*910vate McLaughlin was going to be restricted from the enlisted men’s club for 21 days. He then said he would “please” like to see Private McLaughlin’s military identification card. Private McLaughlin initially refused to present the card on the basis that Sergeant McCord had no authority to see it. After five minutes of arguing about it, Private McLaughlin gave the card to Sergeant McCord, accompanying its delivery with a torrent of abusive language.1 After copying down Private McLaughlin’s name, rank and social security number from the card, Sergeant McCord returned the card and advised Private McLaughlin that he was prohibited from entering the enlisted men’s club for a period of 21 days.

I

There are two issues in the first assignment of error.

The first issue appellant assigns is:
THE FORM OF SERGEANT MCCORD’S REQUEST TO APPELLANT TO PRODUCE HIS IDENTIFICATION CARD WAS NOT SUCH A POSITIVE MANDATE AS TO CONSTITUTE AN ORDER.

We conclude that the communication from Sergeant McCord to Private McLaughlin, although containing the word “please,” was an order and Private McLaughlin failed to obey that order.

An order is a communication, delivered orally, or in writing, or by signal, which tells the service person receiving the order what to do or what not to do. Orders also have been defined as positive mandates 2 and as positive demands.3

A communication, however, need not be expressed in a peremptory form to constitute an order.4 It may be expressed in a courteous form.5

There must be significant flexibility in the form orders may take in order to reflect the various circumstances under which they are given. The services must be able to punish the violation of an order that was delivered in a friendly tone, or was stated diplomatically, or, as in this case, was preceded by a polite expression. Otherwise, only emphatic, insensitive orders would be punitively enforceable. Sometimes, issuance of such orders is contrary to the interest of high morale, good order, and discipline. For example, giving such orders to service personnel who are intoxicated has been discouraged, as a practical matter, for many decades.6 The same observation would apply when recipients of orders are under great emotional stress.7 In a similar vein, Sergeant McCord’s primary military duty was managing an enlisted men’s club. Service personnel attend such clubs to relax and enjoy themselves. Under such circumstances, the expression of orders in courteous forms enhances morale and tones down the confrontational situations that can result in disorders when service personnel are drinking.

Further, any serviceman or woman can give orders in a courteous manner, but still leave no doubt that s/he expects to be [911]*911obeyed.8 In fact, we judicially note that utilizing the word “please” as part of the substance of an order is frequently used in the naval service.

Generally, the nature of the communication and the circumstances surrounding it are all that is necessary to determine if it is an order.9

The facts in this case exemplify a typical situation. Sergeant McCord had identified himself to Private McLaughlin as a non-commissioned officer and related his official duties, i.e., club manager. He was speaking to the private in the manager’s office in the enlisted men’s club. He was discussing Private McLaughlin’s inappropriate activities on a prior occasion and effectively communicated the fact that he was in the performance of his official duties in seeking McLaughlin’s identity in order to administratively restrict him from the club for a period of time.

These types of clear-cut, everyday communications, under such circumstances as transpired in this case, do not lack specificity of meaning,10 are not mere statements of wishes or views 11 and are not merely advice.12

Consequently, absent evidence to the contrary, there is no necessity initially to show the parties understood the communication to be an order in order to prove Private McLaughlin’s guilt so long as the facts and circumstances unequivocally establish that an order was given.

This first issue is without merit.

II

The second issue appellant assigns is:

COMPLIANCE WAS MADE BY PRIVATE MCLAUGHLIN TO SERGEANT MCCORD’S ORDER TO PRODUCE THE IDENTIFICATION CARD WITHIN A REASONABLE TIME AFTER THE ORDER WAS ISSUED.

We conclude that the order was disobeyed when immediate preparatory steps were not taken by Private McLaughlin to comply with Sergeant McCord’s order to produce his identification card.

I. Discipline In a Military Environment

The ultimate goal of any legal system must be to support the objective of the society it serves. Military justice, consequently, must promote high morale, good order and discipline in the military.

Discipline is a state of mind in the individual service member so that s/he will instantly obey a lawful order, no matter how unpleasant or dangerous the task may be.13 The role of military law in relation to discipline is to provide a framework for the encouragement of such discipline.14

A military organization that is undisciplined is unpredictable, lax, low in readiness and, generally, has poor morale. Consequently, rapid deployments, operational commitments, and achievement of combat objectives all are adversely affected. Further, when such weaknesses in our military services are perceived by unfriendly nations, they are encouraged to test our nation’s defenses.

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Cite This Page — Counsel Stack

Bluebook (online)
14 M.J. 908, 1982 CMR LEXIS 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mclaughlin-usnmcmilrev-1982.