Lawful Orders

 

I Matthew E. Robinson do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, and that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the Officers appointed over me, according to regulations and the Uniform Code of Military Justice. So Help Me God.

            “No Sir, we cannot do that. It will take a direct order from the MNC-I (Multi-National Corps-Iraq) Commander (CDR) for me to do that,” I replied after gulping a bit and taking a deep breath. I was the Chief of IO (Information Operations) plans serving in Baghdad.

            As I expected the Colonel, the Chief of Staff from one of our subordinate divisions, exploded in a tirade, which questioned my intelligence and general fitness for service. He’d come up to our headquarters to see me and convince me to support a plan that I felt was not only illegal, but also immoral.

            “I understand Sir. I also understand that I am not the one who can say “no” and make it stick, but the Commander is going to have to give me a direct order…and then I might have to refuse.”

            After hearing that, the Colonel stalked off hands clenched. I knew I’d not heard the last of this issue. Sure enough, later that week the division commander paid me a visit while chatting with the MNC-I CDR. The MNC-I CDR was a Lieutenant General (three stars), and the division CDR was a Major General (two stars). I was a Lieutenant Colonel…no stars. The conversation with the Division CDR was a repeat of the conversation with the Chief of Staff, except the volume was louder and my intelligence and fitness was even more suspect.

            “I’m going to talk to your commander,” roared the General as he strode away.

            “Yessir, I understand,” I replied to his rapidly disappearing back.

            Sure enough, the next day the CG (Commanding General) stopped me in the hall and asked me about the issue. “Matt, I need to know more details. Come by my office and brief me this evening.”

“Yessir,” I was stunned that he knew my name. I was just one of the minions buried deep within the command structure. But I went to his office as directed and provided the required briefing. He asked a few questions and then dismissed me, telling me that he would deal with it. I never heard of the issue again. I’ve always wished that I could have been there for the discussion; but, he was an excellent leader would not let a knuckle-dragging minion like myself witness that type of conversation.

The military life is fraught with challenges and dangers, physical, mental, and spiritual, especially when rounds are going back and forth in earnest. It is a crucible in which common citizens find themselves tested. Taken seriously, it burns away the dross, leaving a man or woman of character. The oath of enlistment, first written in 1789, despite occasional tinkering, remained largely unchanged until the Civil War. That conflict introduced language that sought to forestall going over to the Confederacy. It was changed to the more modern version in 1884, and that lasted until 1959 when it was modified slightly.

            When I was a young private, I did not expend much thought about the oath; however, as time passed and my responsibilities increased the oath became more important. Eventually upon commissioning, the oath took on greater import in my life and provided a guide as I sought to navigate the hazardous career that I had chosen. Eventually I was asked to do something that violated my conscience and, I believed, the law. Refusing took courage; but, I had been taught that a good soldier does not simply follow orders. A good soldier measures his orders first against the Constitution and then against the Uniform Code of Military Justice, more commonly referred to as the UCMJ. I survived that first refusal with no repercussions.

            As time passed and I accrued more rank and responsibility, the tests grew more stringent, and the stakes grew higher until I had to face the wrath of a Major General. I’d always been told that as an officer, I needed to have enough moral character to walk away from my career over such an issue. I was thankful that my CDR had seen things my way. It might not have turned out good for me. Fortunately, my CDR was a thoughtful man who believed that doing the right thing was the right thing.

            Soldiers, NCOs, and Officers need wise commanders who think carefully before they act, who weigh the issues and the ramifications of their orders before they issue them. There are many things we want to do in the heat of the moment, when rounds are snapping past, that may not be the best thing.

            During my first tour in Iraq, I called for illumination when taking fire while returning to the FOB. I was denied. Furious, I stormed into the TOC (Tactical Operations Center), demanding to know why I was denied only to find out the firing illumination rounds would have put innocent civilians at risk from the 155 round casing tumbling to earth. Later that same tour, I would stop a gunner from opening up with a 50 cal. in downtown Baghdad, knowing that a long burst from a heavy machine gun would send rounds through many walls of apartment blocks causing numerous innocent casualties, violating proportionality. Proportionality is the concept that you do not kill a fly with a sledgehammer. We settled that issue with small arms fires. What’s the point you might ask?

            We need thoughtful leaders who understand when subordinates question dubious orders. Sometimes the subordinate is incorrect, and the order must be followed as given. Sometimes the order is incorrect and must either be rescinded or amended. When lives, friendly, foe, and innocent civilians, are at stake, we must do our best to limit the carnage. We must be strong enough to take a deep breath and carefully examine the issues at hand. Punishing subordinates for simply asking for clarification or refusing to follow unlawful orders is not the trait of a good leader.