Brock, I tackle each of these based on who is offering the opinion.  Sometimes it’s a flat “you’re wrong, and here’s why”, sometimes a “thank you” where I just move on smartly, and at others I work to change the system (most often when it is someone in my rating chain offering the opinion).

I had a battalion commander recommend that I maneuver my company to perform an envelopment of the enemy on the objective, notwithstanding that the only reason I would be in that area was because a sister battalion encountered 3 companies or larger element on the objective, where they would become my supporting element and I was our battalion’s main effort on an attack with another company in tow and one as my support by fire.  Even looking at it through the lens of him being an Armor officer, I couldn’t figure out why I would split my formation with a whole battalion on one side and a company on another and me putting myself in the middle.  For him, I walked him through my plan step by step and had him show me how he envisioned the envelopment, I played mentee to his mentor.  Once we started moving blocks on the map he got it and my COA was a go.  Managing up, throwing the elephant, whatever you call it…

At an evaluated exercise, I’ve had an overly enthusiastic S3 that didn’t understand the evolving fight try to offer suggestions and state “that’s how the boss would want it” rather than saying something like “hey, things are changing and we are waiting on the FRAGO, but you may need to…”  If the boss wanted me to change the way I was defending the bridge and fording, he needs to let me know, not let an S3 on an admin battle circulation upset my plan.  I told him to have the commander come out to me, but I’m not changing my overall method there.  Another company did listen to him.  They got wiped out.

I’ve had the JAG fight before, usually on M-Day status where it seems my need to build a quality unit could sometimes be trumped by the TAG’s goal of retention.  I’ve had to use the exact paragraphs you quoted in an effort to correct deficiencies, and I was met with a “that will hurt retention”.  My response “only for those that don’t wish to be retained”.  Unit morale was at its highest when we could train without distractions, and waiting to get on a bus for 2 hours as we attempt to recover someone has a distinct toll on morale.  In the end JAG let my policy stand after I went through my retention numbers, and listened to what his instructions were from the CoS related to how chaptering was being adjudicated.

As far as your paragraph 4, mine was written in such a way that a Soldier could be released upon completion of all duties and with the concurrence of first line leadership that the Soldier was current on all tasks, required no additional retraining, and had a passing APFT along with no disciplinary issues involving late to formation or AWOL, that way I didn’t couch go home as a privilege that could be taken away, it was instead a privilege earned.