I have been ordered by a NCO in the Marine Corps to buy a cell phone. Is this a lawful order?

Answer 1

Not really, no, but you're going to have a hard time getting along if you don't. They can't legally ORDER you to spend personal funds on a technology item to be used for official government duties. As said, your NCO isn't going to like it very much if you give him a no on this, and a cell phone is considered fairly mandatory civil communications in today's society.

If you NEED a cell phone as part of your duty then the military is capable of paying for an official phone for you. If, however, that is the way it comes down you should understand that you CANNOT use a duty phone for ANY personal calls.

Answer 2

this falls into a gray area where yes you have to buy one.

if i were you, i would request a memorandum for record stating that you are ordered to buy a cell phone. this memo needs to be on letterhead with your office symbol, your SSN and such to make sure you are identified.

paragraph 2 or 3, needs to state base policy, commander's policy, USMC regs concerning contact and or other things.

paragraph 3 or 4 needs to spell out what the consequences are for not having this phone.

now the fine print.
you now have a phone that you can write off your taxes because you are legally required to have it. Here is the catch, if you have internet, texting and all that, you can't claim it, only the basic phone service.

if you go with prepaid and not give the number out, the cost will be next to nothing.

if you do not buy the phone, i think you will be looking at failure to obey a lawful order as being able to contact you is a requirement of the marines. So you can take this off your taxes.

but you will need this memo to cover your tax situation and don't abuse that either, or it will be as bad as if you did not buy it, because it is fraud

good luck

Answer 3

Sounds like you do not like you NCO. Sounds like you are not telling us the "whole" story in an effort to make the NCO look bad?
Having been an NCO....... being able to think like an NCO......I am guessing you are a "GHOST"......someone who periodically "disappears" or is hard to contact.....

Of course he can not order you to buy a cell phone.....but he can make you wish you had.... he can deny you "privileges" that the cell phone would support.....

technically any order he gives you that does not violate morals(suck his.....) or the law(steal that.....)......is lawful......even if they do not seem to be "right"...... I would not test him......you might get a rude awakening

My recommendation is to stop bumping heads with him ....start working with him instead of against him..... or you are in for a hard life.......you may win one battle but you will lose the war....

Answer 4

No, you cannot be ordered to buy a cell phone. If you need a cell phone to do your job, the MC has to provide you with one. I'm guessing that you did not lose an issued phone? Can you provide a little background on how you came to be ordered to buy a cell phone?

Answer 5

1) To take charge of this post and all government property in view. 2) To walk my post in a military manner, keeping always on the alert and observing everything which takes place within sight or hearing. 3) To report all violations of orders I am instructed to enforce. 4) To repeat all calls from posts more distant from the guard house than my own. 5) To quit my post only when properly relieved. 6) To receive, obey, and pass on to the sentry who relieves me, all orders from the Commanding Officer, the Officer of the Day, and all officers and non-commissioned officers of the guard only. 7) To talk to no one except in the line of duty. 8) To give the alarm in case of fire or disorder. 9) To call the Corporal of the Guard in any case not covered by instructions. 10) To salute all officers and all colors and standards not cased. 11) To be especially watchful at night and during the time for challenging, to challenge all persons on or near my post, and to allow no one to pass without proper authority. The 11 general orders refers to the Marine Corps guidlines for keeping watch during fire watch. Now only the Marine Corp has 11 however the Marines made one adition the 12th general order which is "To walk my post from flank to flank and take no **** from any rank" so if a corporal is on guard and is instructed to let no one in for any reason and an officer demands entrance this is where the 12th General order of a Sentry comes into play, the corporal must tell the officer to leave and use force if neccessary, although under normal circumstances such an act would get the corporal demoted

Answer 6

Depends on the basis of the order. To be lawful it just has to be tied to good order & discipline etc.

I would imagine you've been ordered to buy a cell phone because he has trouble getting a hold of you? Maybe that's a problem you could fix.

Answer 7

if you are dumb enough to question a direct order the marines may not be a good career choice get your scrawny asss down and get a phone before the nco explanes it to you in terms you can under stand

Answer 8

They have to be able to get a hold of you one way or another either u get a land based phone or cell phone. Everyone I know in my unit has a cell phone. Nothing wrong with telling you to get a phone.

Answer 9

They can order that you have to be able to be contacted 24/7. The other option would be confinement to barracks, so which would you prefer?

Answer 10

they can suggest it but nobody can make you. it is not a lawful order.

But if I were you I would because your life will be hell if you dont and you miss an important meeting.

I am assuming you are in the marines too?