Can NCOs order enlisted Soldiers into arrest or confinement per the MCM?

• A. Yes
• B. Yes; if authorized by their commanders
• C. No
• D. Only during combat

Answer: (B)

Understanding how discipline and custody work under military law helps explain this. NCOs enforce order and discipline, but the authority to arrest or place someone in confinement isn't automatic for every NCO. It comes from the commander’s authorization. When a commander designates an NCO to apprehend or to hold a Soldier in confinement, that NCO can carry out those actions in accordance with the MCM and proper due-process procedures. If there is no such authorization, the NCO does not have the authority to arrest or confine. This authority isn’t limited to combat; it applies in any setting where the commander has delegated that power and it’s used within the legal framework.