Can ncos send pictures of counselings to people it doesn’t pertain to?

2020-02-13T16:28:34-05:00

So I got a counseling today from a SPC. Two guys that used to be in my platoon text me saying he sent them pictures of my counseling. Are there any rules that say he can’t do that?

Response by MSG Private RallyPoint Member made Feb 13 at 2020 4:30 PM

2020-02-13T16:30:13-05:00

Was there any of your PII in that counseling? And was it a SPC or an NCO that sent the counseling via text?

Response by SFC Ralph E Kelley made Feb 13 at 2020 10:24 PM

2020-02-13T22:24:27-05:00

Hi - my first day back and you've got me yakking. First clarify -
Did he counsel you? If he counseled you then he violated the confidentially of the counseling - possibly subject to UCMJ actions. Certainly your Chain of Command should be addressing his flaw in this area. He's a SPC? Definitely owes you an apology (if you provoked him back then same for you) for his breech, but he won't go far in the military if he can't keep his trap shut on something such as a performance counseling, especially if his reputation proceeds him.
Or did you counsel him? If he was counseled and he released the information he still violated the counseling's confidentiality, which is intended to protect him. I would guess in this case he forgot about Rule #5 - keep your mouth shut about the no-no you do. If this is the case I simply consider him less than smart for broadcasting his screw-ups.
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Secondly FYI: Now to the meat of the matter about counseling-confidentiality for your own soldier development.
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Precis of Leader/Solder Counseling:
1. Ensure a soldier's confidentiality is not breached.
2. Provide the same level of support to all soldiers, regardless of the nature of the incident or background.
3. Maintain up-to-date soldier files and notes.
4. Support the soldier, and where necessary request additional support of leaders IN the soldier's chain of command.
5. Review the counseling with more experienced counselors (prior if possible) in the soldier's chain of command to ensure the soldier’s counselling needs are fulfilled. Yes - definitely prior if possible.
6. Process, and provide, up-to-date additional information and resources (Chaplin, MWR etc.) that may be useful to the soldier.
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1SG John Faircloth - PO1 H Gene Lawrence - PO1 Richard Nyberg - 1SG Steven Imerman - PO3 Lynn Spalding - SGT David A. 'Cowboy' Groth - SSG Donald H "Don" Bates - PO1 William "Chip" Nagel - Lt Col John (Jack) Christensen - Lt Col Charlie Brown - SGT Private RallyPoint Member - SSgt Joseph Baptist - MAJ Byron Oyler - SSgt Joseph Baptist - SSgt Terry P. - PO1 Richard Nyberg - 1SG Steven Imerman - SSG Donald H "Don" Bates - Sgt Albert Castro - PO3 Bob McCord -

Response by SSG Private RallyPoint Member made Feb 13 at 2020 11:32 PM

2020-02-13T23:32:28-05:00

If there Is no PII there’s no regulation against it!

Response by LTC Private RallyPoint Member made Feb 14 at 2020 12:52 PM

2020-02-14T12:52:34-05:00

two things: 1. why is a SPC counselling another SPC? 2. If the intent behind sending pictures of your counseling was to embarrass or humiliate you in the eyes of your former platoon members, that would fall under UCMJ Article 93: Cruelty and Maltreatment.

Response by Lt Col John (Jack) Christensen made Feb 14 at 2020 1:06 PM

2020-02-14T13:06:50-05:00

Certainly doesn't sound right to me, but I suppose rules could have changed since my days.

Response by MSgt Steven Holt, NRP, CCEMT-P made Feb 14 at 2020 8:33 PM

2020-02-14T20:33:24-05:00

Privacy Act Information for starters. I don't imagine those rules have changed much since I retired but that was a big time NO-NO when I was in. I'm a bit confused as to why a SPC is counseling another SPC in the first place. Is he your squad leader or other leadership role? Either way, he won't get very far in life if he doesn't learn to keep his mouth closed about those types of things.