Can my squad leader do this ?

Question

I am new to the platoon, my squad leader will not letter me smoke. He says if he catches me I will get a article 15, But he doesn't care if I chew/dip.

Being in Iraq, getting blown up twice I really think I deserve a cigarette if I want one. Can someone please give me a link I can print off and show him. I don't think he is aloud to do this, its kind of a personal choice.

Answer 1

No, he can't. It's not in Gen Order 1B, nor is it UCMJ actionable. That's stupid. Use your chain of command.

Answer 2

LOL!  h**l yeah he can take away your smoking habit!  I was USMC, 1/8 Marines, 0621.  Our E-4s threatened to take smoking away for all the junior Marines if their run time didn't improve.  SGTs supported their efforts, so I'm sure they can.

Good luck tho!

Answer 3

Your SL has the authority to stop you from smoking while "On Duty".

He/She doesn't have the authority to make you refrain from smoking on your "Off Duty" time.   As mentioned above... use your Chain of Command.  

Answer 4

Well as far as I know chew and dip in uniform are against all DOD directives so don't get caught doing that either.  He can only give you a lawful order, remember boot camp?  They discussed this there.  If you believe he is not giving you a lawful order you need to take it up your chain of command.  A squad leader is nothing in the food chain really but he is senior to you so you must follow all commands as long as they are legal.  If it is a time and place thing like you can't smoke while on a mission or whatever it is legal but if he is just pulling it out of his rear because he hates smokers that isn't legal.  You are there to do a job, remember this, not to get your habit on.  The Army does not OWE you your habit as you may think because you are a vet that has been wounded.  They owe you pay and benefits for doing your job but that does not includes cigarettes, alcohol, s*x toys, p**n, drugs.....you should be a big boy now and know how the CoC works so use it.  No such thing as personal choice listed anywhere in the UCMJ either.  Sounds like the civilian world would suit you better.  Our CO can secure our smokes decks for a full 6 month deployment if they want to so don't think smoking is a right like you think it is.

Answer 5

He can enforce Army policy and or unit directives but if you feel he is overstepping his bounds take it up the chain of command. I was in the Army for 12 years and I don't know of any policy that allows a squad leader the right to force you to stop smoking. That's not to say your unit may not have directives in place that cover certain situations  and/or in designated areas. We were not allowed to smoke on guard duty, perimeter guard etc... No smoking on the flight line or in certain areas in the motor pool but there was always a designated area where smoking was allowed. Also, a squad leader does not have Article15 authority. He can report you for violations of orders/directives but he cannot issue an Art 15.

Answer 6

I can't believe you are here on yahoo whining about your squad leader.  You have a chain of command.  USE IT.

Answer 7

I agree with Boo. Ask your chain of command. But be prepared for them to say "he's your squad leader, you do what he says" and have to deal with it. Espically if it's your first deployment and you are a LCPL or below.