Posted on Mar 9, 2014

Can you issue an Article 15 for continued lack of USAR battle assembly attendance?

53.7K

Recently, I've had a soldier miss battle assembly. The excuse given was 'due to illness', and the soldier requested RST. Instructions were given to be seen by a medical provider and to provide documentation, prior to RST being authorized. Soldier did not see a medical provider, nor did they provide any documentation supporting their need to be absent. This soldier has present difficulties in the past such as
APFT failure, random drug screening and alcohol abuse. It is at this point where I have counseled and coached as much as I am able. Senior NCOs have exhausted their resources also. While constructing the body of the 4856, I recommended a summarized Article 15 for failure to report. In doing my research
for the grounds, I am unable to find any grounds for the summarized article 15. Now, it's been 24 years since I've even attempted such an action (I've had a 19 year break in service from 1990-2009). I did an internet search and have spoken with peers. It seems that although you can request the action, in most cases it is not followed through by a commander. I'm cautious to initiate such an action, without having solid information. Can anyone offer guidance for future reference? As for this situation, I've elected additional duties to be executed during the next battle assembly, under my direct supervision.

Posted in these groups: Rules and regulations

Regulation United states ar seal.svg

Army Reserve Discipline1

Discipline Ucmj

UCMJ

Posted 11 y ago

Follow this discussion

Responses: 33

LTC (Join to see)

Posted >1 y ago

SGT, if it is like any of my Soldiers their number one benefit that they enjoy is tuition assistance. A small but powerful statement is to flag the Soldier, if they are not already flagged. This will suspend that benefit. Like others said ensure that they receive a "U" for the weekend. That is an area that needs to be enforced as it seemed like few people received them before I took my company and well they had a nickname for me when I handed them out like candy the first weekend. The Soldiers who care got the point. Then the rest of them you can only do so much before you work on processing them out. Whatever you do, do not give up hope. I try to retain as much as I can and have Soldiers mentored until the day I receive discharge orders. And believe me discharge orders take a long time in most cases. With a hope and a prayer they may be turned around in the future. Good luck.

(12)

Comment

(0)

SSG (Join to see)

>1 y

Even after a Soldier has been declared Unsatisfactory, they can still be recovered. And if they aren't, keep calling prior to every drill, send FB (social media private messages), call during BA and continue giving U's (no one gets Z's for pending loss). I had 5 packets get kicked back after they sat at BDE forever because the U's expired and my Company gave Z's. Z's are only given AFTER you get discharge orders. It takes forever it seems (I have packets at our TEC since November). So been giving U's every month since- just waiting on orders.

(1)

(0)

SGT (Join to see)

>1 y

I advise you to see your commanders policy/guidelines for RST. Many units do not allow an RST unless the soldier is meeting all standards. An RST is not a right, but a privelege

(2)

(0)

SSG (Join to see)

>1 y

Our unit has certain mandatory trainings that can't be RST'd (weapons qual, pt test, SRP)

(1)

(0)

SSG (Join to see)

>1 y

I have found, through my twenty years of service (like you I had a break from 1990 to 2002), that finance speaks volumes to a soldier...good or bad. I'm with the CO on this subject, a flag will often times be a self correcting motivation for some. Unfortunately, in this case you described, he should have an existing one for APFT failure.
My concern is it's quite possible the reason he is missing drill is that he might fail a UDAC. My suggestion is to invite the soldier for some one on one time of duty, too many soldiers feel that their leadership does not care so why should they. Stay strong and never quit!

(1)

(0)

COL Vincent Stoneking

Posted >1 y ago

Ensure you give the Soldier "U"s for the missed assemblies - He was unexcused. 9 Us = grounds for separation. That is two weekends and change missed. It also has the effect of ensuring the Soldier doesn't get paid for the drills he decided to miss. Missing pay tends to have an attention-getting aspect.... Additionally, Us automatically stop most bonuses and monetary benefits. Again, great for attention - getting. You can also immediately flag the Solider for Unsatisfactory Performance of duties, blocking favorable actions. Finally, you can throw on a bar to reenlistment.

If you don't U him, the best he should get is an "A". RSTs would not be appropriate in this case. They can be REQUESTED by the Solider and approved/not by the chain of command. They are not a RIGHT. There is likely a written policy (if not, there should be) that mandates that the request needs to be made some time before the BA weekend, and what sort of duties can be performed on the RST (should be equivalent to the training schedule or of direct benefit to the UNIT).

(7)

Comment

(0)

SSG (Join to see)

>1 y

Plus, the following month that they do show up, SGLV is now behind so they take out for how ever many months missed. They get enough U's and they lose bonus, educational benefits. I think it is suppose to be done 60 days prior to drill. There is an RST request form that needs to be done as well as what tasks they would be doing when they RST. If you need the RST request form, email me at [login to see] And I can email you one.

(0)