In what circumstances might an NCO lose their immunity protection?

An NCO may lose their immunity protection if they act with malicious intent. This refers to situations where an NCO knowingly acts in a manner that is harmful or with ill will towards others, which is outside the scope of their duties. Immunity is designed to protect service members when they perform their responsibilities in good faith, engaging in actions that are reasonable and appropriate given their position. However, if an NCO acts with clear intent to harm or retaliate against another individual, this conduct undermines the essence of their role and responsibility, thereby forfeiting the protection that immunity generally provides.

In circumstances where an NCO is simply following orders, reporting misconduct, or seeking advice, they are typically operating within the bounds of their duties and demonstrating conformity to military protocols. Therefore, such actions would not compromise their immunity. The key determinant of losing immunity lies in the nature of intent behind their actions.