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can an nco tell his soldier that they cannot smoke?
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can an nco tell his soldier that they cannot smoke?

My NCO told me that i am not allowed to smoke at all! and further more that they would not only give me an article 15 for it but smoke the **** out of me if i was caught. i just want to know if there is an army regulation that i could bring to their attention that would get them off my back. ive already been told that they are not allowed to do this and that they are just power hungry but i have no way of stopping them.

No he cannot...tell you that you cannot Smoke...
That far exceeds his authority...and is an UNLAWFUL ORDER !!!!
Sounds like he is Power Drunk...happens to a lot of NCO's...
Just bet he is one of those Body Building Health Food Nuts...

Can tell he has never been in Combat !!!!
Smoking is a "Stress Reliever"
There are certain times that nobody can light up...in Combat...
ie: At night...

well I think they can they do in basic and AIT for army! but.... are you able to pass PT test are you over weight? there has to be a reason they don't want you smoking. just quit smoking and change units asap

"i just want to know if there is an army regulation that i could bring to their attention that would get them off my back."

Really? You think throwing regulations in their faces will get them off your back? Sounds like a pretty dumb idea to me.

Surely you have been in the Army long enough to realize an NCO doesn;t need an army reg,.

His command is to be followed to the letter----or else!You want a reg? Let;s srat with Article 15.

I love these posts that contain "I;ve been told......." By who, what is their authority, and what is the source of their knowledge?

smoking is a privilege, not a right.

I can see a NCO doing that if someone was a smoker and failing at PT.

But if he's doing it because he hates smokers, then you can bring this to your chain of commands attention

They can tell you not to if you are on their time, and they sure as hell can smoke the sh!t out of you if you get caught. But if you are off-duty and at home/on your own time, they can't control that. You can't get an Article 15 for it either.

Edit: unless you are in training

if you are in a training status.. yes he can order you not to smoke.

If the command is smoke free then while at work you cannot smoke.

if you are under the care of a medical doctor who has said you cannot smoke.. you cannot smoke.

they can make the Barracks smoke free as well by command policy.

Dennis F
Any time in uniform, Absolutely he can and it is a legal order.
Out of uniform in your own residence, it becomes a gray area.
How much do you really want to push it. They are not going to come to your home to check.
During the 80s General Chain, the CINC SAC ordered that no SAC troops were allowed to smoke in uniform, Many tried to challenge the order, but it stood.
Funny part, when he retired he went to work for RJ Reynolds Tobacco.

Captain S
I never had that authority, but then, times have changed since I was a SGT. Obviously I could insist there was no smoking in formation, and smoking in the field where your position is easily compromised by the smallest of lights is a no-no, too. Ask him to show you the regulation expressly prohibiting smoking, and then you will have your answer. Is he power crazy or showing field wisdom? You'll know soon enough.

Your superior gave you an order, told you the consequences for not following the order, and you still think you can get out of it? Seriously? The order does not impinge on your moral obligations as a soldier or even on your rights. You actually took an oath to maintain yourself as a combat ready tool of the US military. Smoking could even be seen as a violation of that oath. So keep your cigarettes at home or smoke off-base if you live in the barracks. Maybe, just maybe, your NCO doesn't want a soldier who can only do the bare minimum when it comes to PT because in the field that person becomes a liability.

The 'regulation' that applies to this is: Article 92 UCMJ - Failure to follow a lawful order or regulation.

The only thing you can do is appeal to your platoon sergeant and hope that you can get him to over-rule your squad leader.

BTW - the "I've been told" is completely worthless unless you were told this by somebody in your chain of command.

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