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What actions can be taken if a Soldier refuses to answer their phone or respond to messages after duty hours?

TOP- I have an active duty Soldier that can never be reached after normal duty hours. When the Solider is needed sometimes, he/she never answers the phone and will come in the following normal duty day saying he/she didn't get the message. What regulation or policy does this fall under?

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Just to make sure I was on track I reached out to one of our Legal SME’s.  His comments are below for your consideration and review.

Most units have a policy letter on recalls and the requirement to have some means of contact during off-duty hours.

Technically, if he is unavailable, fails to response to a recall, he may be charged with missing movement (if going to the field or deployment) or dereliction of duty if a call in for a urinalysis or something else.

Two thoughts to consider


1)  If the Soldier lives off-base counsel the Soldier, in writing, that living off-base is a privilege, even if he is married.  He can be moved into the barracks if he continues to be unavailable.  If he is living off-base and is not married, then have the commander revoke his pass privileges for off-base.  That will get his attention.

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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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