Enlisted vs Commissioned Military Oath of Office

Updated

March 6, 2009

Birth certificate posts
Navy Oath of Office, Coast Guard

The military oath of office is different for enlisted and commissioned officers.

Enlisted servicemembers swear allegiance to POTUS and the Constitution.

Officers do not swear allegiance to POTUS – as a safeguard against a usurper commander-in-chief. They swear allegiance only to the Constitution.

[Emphasis added.]

Enlisted Oath (POTUS & Constitution)

“I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; 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.”

(Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).

Officer Oath (Constitution only)

“I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.”

(DA Form 71, 1 August 1959, for officers.)

Presidential Oath of Office

I do solemnly swear that I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.


2 Responses to “Enlisted vs Commissioned Military Oath of Office”

  1. mattie14 Says:

    Thank you, Lewis, for your service to our country.

    Thank you also for providing such detailed comments.

    I am uncertain as to whether you are addressing me – us – at this site or service members in general because of this:

    So, if you are a Commissioned officer, in any branch, and continue to spout this nonsense because you do not like the current President, then be warned that you can be charged under Sec. 894 Art. 94 directly which is mutiny or sedition. I am very sure that you will also be found having violated several other punitive articles.

    None of us here are military folks – nor have we ever implied or written that – I apologize if that is the message you have received.

    I am also uncertain as to what this is in reference to:

    “Ensure that it is accurate and that it is not inflammatory, meaning that your misinformation may cause another Service member, who is ignorant to the entire law, down a path that you are surely on.

    Above are the simple oaths. Nothing more – nothing less. If they are misquoted – please let us know.

    We are not addressing Service members – whether ignorant to the entire law or not. I trust that if they were to be unsure, they would be able to go to you for the same enlightenment you provided here.

    And I trust that you have made those in your command aware of precisely what you wrote here, so none of them are ignorant of the entire law.

    What I am left wondering is I why a Senior Non-Commissioned Officer concluded with these words:

    However, it is also my duty to advise those earlier mentioned Officers as to when they are about to do something STUPID, improper, and or Illegal. You fit it all.

    Is not diplomacy and morale an integral part of your job as a Senior Officer?

    When I read that I had to question if in fact you are an Officer and whether your message was intended as written – whether there was an agenda above and beyond the legalese provided, as you wrote about being cautious that the “espoused information” was “accurate” and not “inflammatory”.

    Just a wonderment.

    I would humbly recommend – if you are so inclined – you go to Orly Taitz’s site, where your fellow Officers are providing information to us civilians and disseminate the information your provided here, as she has millions of visitors to her site, who would also be interested in your clarification.

    Something you do in action – thank you.

    And thank you again for the information you provided.

  2. Lewis Says:

    First, please be very cautious of the information that you espouse. Ensure that it is accurate and that it is not inflammatory, meaning that your misinformation may cause another Service member, who is ignorant to the entire law, down a path that you are surely on.

    Here is the deal. The wording on the Oath of Enlistment is different than the Oath of Office. However, do not be misguided to believe that you are exempt from following the Orders of the President of the United States.

    “Clause 1: Command of military; The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. ”

    If you understand that the US Constitution, Article Two, section two, clause one gives definition to the Presidents Role and authority as Commander in Chief to the United States Army and Navy. This subsequently grew to the Department Of Defense, as the Air Force became their own branch in 1947. Being that the Marine Corps falls under the Department of the Navy, as does the Coast Guard, during a time of War, All SERVICE MEMBERS are subordinate to the President of the United States, in peace time and or war. Therefore, if you are obligated to defend the Constitution of the United States, that binds you legally responsible to OBEY any lawful order.

    Also, your Oath of Office binds you as a Commissioned Officer to adhere to UCMJ in accordance with The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. ch.47) is the foundation of military law in the United States. The UCMJ applies to all members of the Uniformed services of the United States: the Air Force, Army, Coast Guard, Marine Corps, Navy, National Oceanic and Atmospheric Administration Commissioned Corps, and Public Health Service Commissioned Corps. The Coast Guard is administered under Title 14 of the United States Code when not operating as part of the U.S. Navy. However, commissioned members of the NOAA and PHS are only subject to the UCMJ when attached or detailed to a military unit or are militarized by presidential executive order.

    Members of the military Reserve Components under Title 10 of the United States Code (Army Reserve, Navy Reserve, Air Force Reserve, and Marine Forces Reserve) or Title 14 of the United States Code, Coast Guard Reserve when not operating as part of the U.S. Navy, are subject to the UCMJ if they are either (a) active duty Full-Time Support personnel such as FTS or Active Guard and Reserve (AGR), or (b) traditional part-time reservists performing either (a) full-time active duty for a specific period (i.e., Annual Training, Active Duty for Training, Active Duty for Operational Support, Active Duty Special Work, One Year Recall, Three Year Recall, Canvasser Recruiter, Mobilization, etc.), or (b) performing Inactive Duty (i.e., Inactive Duty Training, Inactive Duty Travel and Training, Unit Training Assembly, Additional Training Periods, Additional Flying Training Periods, Reserve Management Periods, etc., all of which are colloquially known as “drills”).

    Soldiers and airmen in the National Guard of the United States are subject to the UCMJ only if activated in a Federal capacity under Title 10 by an executive order issued by the President. Otherwise, members of the National Guard of the United States are exempt from the UCMJ. However, under Title 32 orders, National Guard soldiers are still subject to their respective state codes of military justice.

    Cadets and midshipmen at the United States Military Academy, United States Naval Academy, United States Air Force Academy, United States Merchant Marine Academy, and United States Coast Guard Academy are also subject to the UCMJ. On the other hand, Reserve Officers’ Training Corps (ROTC) cadets and midshipmen are by law exempt from the UCMJ (even while on active duty for training such as CTLT, LTC, LDAC, or while attending various training schools such as Airborne School, Air Assault School, Mountain Warfare School, etc.).

    Members of military auxiliaries such as the Civil Air Patrol and the Coast Guard Auxiliary are not subject to the UCMJ. However, members of the Coast Guard Auxiliary can be called by the Commandant of the Coast Guard into the Temporary Reserve, in which case they become subject to the UCMJ.

    Retired members of the uniformed services who are entitled to retirement pay are also subject to the UCMJ, as are retired reservists who are receiving hospital care in the VA system.

    So, if you are a Commissioned officer, in any branch, and continue to spout this nonsense because you do not like the current President, then be warned that you can be charged under Sec. 894 Art. 94 directly which is mutiny or sedition. I am very sure that you will also be found having violated several other punitive articles.

    I advise you of all of this because I am a Senior Non-Commissioned Officer, it is my job, and duties to not only obey LAWFUL orders of the Officers appointed over me. However, it is also my duty to advise those earlier mentioned Officers as to when they are about to do something STUPID, improper, and or Illegal. You fit it all.

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