On a FOB we were ordered to take a Soldier into custody, may have been unlawful?

Question

I am an MP and have been searching Manual for Courts Marshal for Reg that would allow this soldier to be confined: A soldier ran off the FOB without any PPE(gear) half naked. Soldier was diagnosed with a mental dissorder before this occured. We were ordered to place him into confinement in a cell with guards posted. I can find no regulation that would allow a soldier to be ordered into confinement for those actions. Normal procedure calls for the unit he is in to: place a guard on him, confine him to quarters, and not into the custody of MPs. However I cannot find any Regulation for or against this, if anyone knows I need the Reg or UCMJ not just an answer.

Answer 1

Desertion Article 85 http://usmilitary.about.com/od/punitivea...

Failure to obey Article 92 http://usmilitary.about.com/od/punitivea...

Resisting, Flight... Article 95 http://usmilitary.about.com/library/mili...

Noncompliance Article 98  http://usmilitary.about.com/od/punitivea...

Misbehavior Before An Enemy Article 99 http://usmilitary.about.com/library/mili...

Indecent Exposure Article 134-27 http://usmilitary.about.com/library/mili...

Answer 2

I am cetain there is a reg which allows a commander to order a soldier to be confined if it is necessary for the safety of the soldier or others.

Remember, you are only confining him.  You don't have to bring him up on charges.

Remember, if it comes to a head you were "just following orders".

Answer 3

Art 134 which is the catch all.

934. ARTICLE 134. GENERAL ARTICLE

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Answer 4

Check out UCMJ articles 7, 9, and 10. This pretty much covers this situation. You were ordered to confine him, I assume by a senior NCO? You followed a lawful order, and c**p from this falls on the NCO that gave the order, not you or your buddies.