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

2014-03-09T07:25:56-04:00

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.

Response by SFC James Baber made Mar 9 at 2014 11:25 AM

2014-03-09T11:25:45-04:00

Why couldn't your grounds for the Article 15 be disobeying a direct order, the Soldier knows and was told to be at his place of duty, in other words as you mentioned failure to report, so I don't see what the problem would be for having the grounds for the Article 15, unless you have a CDR who is more worried about the numbers game than actually having a Soldier who is there to do their jobs and not just fill the rolls of the unit.

I would also get the PLT SGT and 1SG in the backing of the Article 15 for it to have more weight in the recommendation, if the CDR still does not follow through, there are more issues there than just them not following through. I would also recommend you get a copy of the UCMJ for your future reference of any and all potential situations, I kept a copy right on my bookshelf in my office and also had a 2nd copy at home when I was a PLT SGT, I also utilized it quite often when I was an S2 NCO for when I had to justify suspending personnel's security clearances.

Response by SFC Stephen P. made Mar 9 at 2014 2:41 PM

2014-03-09T14:41:08-04:00

I am far from an expert on these matters, but NJP is quite a departure from the norm for an unexcused absence. A bar to reenlist seems far more appropriate.

Response by COL Vincent Stoneking made Apr 10 at 2014 10:28 AM

2014-04-10T10:28:48-04:00

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).

Response by LTC Private RallyPoint Member made Apr 10 at 2014 10:45 AM

2014-04-10T10:45:59-04:00

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.

Response by 1SG Private RallyPoint Member made May 10 at 2015 1:13 PM

2015-05-10T13:13:38-04:00

I believe the summarized Article 15 for FTR is more applicable for active duty or TDY situations. As others have said, recommending that a U be given is the typical course of action for this behavior. It still hurts the pocket book because they miss pay and typically cannot make up a "U".

The question I have is your motivation. Are you trying to rehabilitate the soldier or just punish him/her? If you have already tried other forms of counseling and feel that the soldier is unfit, I suggest you talk to your command about initiating separation paperwork.

Response by SSG Private RallyPoint Member made May 10 at 2015 1:14 PM

2015-05-10T13:14:47-04:00

If he fails to meet Army Standards, he can be chaptered out. It's a CH 13, Unsatisfactory Participant. Look up AR 135-178 for guidance.

Response by SSG Private RallyPoint Member made May 10 at 2015 1:23 PM

2015-05-10T13:23:18-04:00

And yes, U the Soldier. They can get 4 per Battle Assembly (2 a day). Even with a MUTA 6, they can only be given 4. Make sure you counsel them, whether it is over the phone, in person or mailing the counseling. If you mail anything, certify/ return receipt! This lets you track it! Call logs for every conversation, text, email and send FB (social media messages). Make copies of it all. You keep one as the leadership and get your UA or UAT one for the packet. I suggest using all these methods! Email gives a date and time when it was sent, FB messenger ( I copy and paste the messages to word) lets you know if Soldiers read the message or not. Annotate it all. If the Soldier doesn't respond to any of the above, or number gets changed- FB lists family members and if privacy is set( look through pics- mom, dad, grandma- someone will comment on photos). Message them just to let them know you are "xxx person trying to get a good contact for xxx soldier". Print these messages too.

Response by SSG Private RallyPoint Member made May 10 at 2015 1:31 PM

2015-05-10T13:31:45-04:00

And yeah, the Commander may not want to. That's when it sucks. Have copies of all documentation when you take it up! Call logs, do a memo for text messages, copies of FB messages

Response by MSG Greg Kelly made May 10 at 2015 4:12 PM

2015-05-10T16:12:32-04:00

My question is why is this soldier not been busted using an Article 15 to the lowest rank, And be discharged. As far as his/her reason why hasn't the 1SG had them come in and send them to sick call you can do that. Or are you being given the old its against regulations BS. Trust me check it for yourself. We have sent what we called a Zombie squad to pick up absent soldiers from drill. 9 times out of 10 they were not home or were drunk or at work or what ever. You can even have the CO authorize the local PD or Sherriff pick them up or a soldier who is a Cop. That gets into some tricky legal ease but there is a ton of things you can do to get a shit bag gone.

Response by SFC Private RallyPoint Member made May 10 at 2015 4:59 PM

2015-05-10T16:59:09-04:00

I am trying to rehabilitate him. He has the potential if he can stay focused. He is proficient in his MOS. Just has a tendency to make bad decisions.

He has been assigned a new team leader who is mentoring him.

Response by LTC Private RallyPoint Member made May 10 at 2015 5:15 PM

2015-05-10T17:15:13-04:00

Let's talk about the logical extreme of Art. 15, since no one has yet brought it up on this discussion.

Court-martial. That is where you must be prepared to go if you ever attempt to impose an Art. 15, either on Reserve or Active duty. The problem with taking this route in the Reserves is that GCMA are reluctant to let it get that far. The company and battalion commanders just end up looking like fools when they face the formation because they cannot follow through on their own punishment.

There are so many tools available that other respondents on this discussion have already offered; flag, bar to reenlistment, Us, Unsat separation, negative evals for unsat NCOs and officers.

I wish it were not this way, but I would have to strongly recommend against any Art. 15 in the Reserves.

Response by CW3 Private RallyPoint Member made May 10 at 2015 5:59 PM

2015-05-10T17:59:24-04:00

Consider all the USAR-specific crap I have had to go through, including balancing my civilian career with my military career, and I still showed up, I have no sympathy.

If he doesn't show up, U him out.

Response by PO2 Skip Kirkwood made May 10 at 2015 8:18 PM

2015-05-10T20:18:41-04:00

For an old guy - what is "Battle Assembly"? Is that what we used to call "weekend drill"?

Response by MG Hugh Van Roosen made May 11 at 2015 12:55 AM

2015-05-11T00:55:53-04:00

I recommend that you work with your JAG closely. I have done this successfully, but you have to have the person in a duty status and be prepared if they request a courts martial (which will involve years of work and a Corps Commander).

Response by 1LT Private RallyPoint Member made May 11 at 2015 9:35 AM

2015-05-11T09:35:08-04:00

It would sound to me best course of action would be Admin reduction in rank to start. If it continues a Bar to Reenlist or Separation under AR 135-178 Chapter 9 for unsatisfactory performance

Response by CPT Pedro Meza made May 11 at 2015 12:30 PM

2015-05-11T12:30:19-04:00

You mentioned " commander", and being honest you might be wasting your time if you have not spoken first with the chain of command. The best solution would be to speak with the chain of command on releasing this soldier from the service, just make sure that you are not dealing with a soldier that has deployed and may be dealing with PTSD or other health issues including substance abuse attributed to war. Depending on what you know about the soldier talk to the unit Chaplin if you have one.

Response by CW4 Private RallyPoint Member made May 11 at 2015 4:37 PM

2015-05-11T16:37:17-04:00

Been there, done that!!! An NCO can initiate action, but only a CDR can authorize it. Politics, numbers, amount of time and paperwork required, and legal counsel and due process required make this happen put this out of the question. I have seen this done 5 times to USAR soldiers. Each requested courts martial, and command dropped the issue 5 times. Other means have been discussed and should be used instead....through my 34 years of experience...:)

Response by SrA Edward Vong made May 11 at 2015 4:50 PM

2015-05-11T16:50:44-04:00

Was there a paper trail leading up to the incident? I so, an article 15 may work out.

Response by 1SG Private RallyPoint Member made May 11 at 2015 4:56 PM

2015-05-11T16:56:45-04:00

The right answer in the case you cited is to give the Soldier U's. The commander may allow for A's, but wouldn't if I had anything to say about it.
Additional duty is a solid corrective COA. If you think it will be impactful, go for it. If this were my company, the Soldier would be spending some quality time with his First Sergeant where we would discuss his conduct while simultaneously improving his APFT score - all in the name of time management, of course.

If this Soldier has been on the radar for a while, as you have mentioned, the situation become as much about the other Soldiers in the formation as the malingering rag bag in question. Your Joes are watching, and taking note of how this is handled. If there is no consequences, your respect level will fall and there will be more shenanigans in your future.

You can't win them all, but you must win the majority.

Response by CPT Private RallyPoint Member made May 12 at 2015 2:52 PM

2015-05-12T14:52:56-04:00

CG Art 15s in the Reserves are exceptionally hard due to the pain associated with getting JAG and other supporters.

You have a better chance of getting an OTH discharge for patterns of misconduct if you have counseling statements to back it up. I'd very strongly recommend that you contact JAG to discuss options and review AR135-178 Chapter 12 for dismissal grounds.

Given that we are in a force drawdown, you'd have a better chance of "cutting the fat" than getting the CG Art 15 if you have the paperwork to back it up....but you could sound like you are rapidly approaching grounds for discharge.
v/r,
CPT Butler

Response by COL Jon Thompson made May 12 at 2015 4:35 PM

2015-05-12T16:35:36-04:00

USAR Soldiers that are on IDT status cannot have UCMJ action taken against them. So unless they are on active duty orders, you cannot really punish them. However, you can take administrative actions. The commander does not have to grant an RST as long as the same actions are taken across the command (no favorable treatment). You will also want to follow your higher command's policy on unsatisfactory performance. That starts with giving "U"s for BA and then filling all the requirements to contact them. When I was a Battalion Commander, there was a lot of paperwork involved with dropping them from the unit but if the packet was not correct, Brigade would kick it back. It is much better to do it right the first time.

Response by SGT Kevin McCourt made May 23 at 2015 2:55 PM

2015-05-23T14:55:13-04:00

It would be great if the reserve forces had more discipline to them. I would think you could give Joe some extra training, the next time they show up. The downside is, that you would have to be there too.

Response by MSG Private RallyPoint Member made Oct 31 at 2015 11:30 AM

2015-10-31T11:30:43-04:00

Back in my day, if a Reservist hit 9 "U's", he/she would be transferred to the IRR (pass the buck).

Response by SFC John Mikelson made Jul 20 at 2017 8:15 PM

2017-07-20T20:15:53-04:00

UNSAT participant needs to be separated from USAR.

Response by SSG Robert Perrotto made Jul 20 at 2017 8:23 PM

2017-07-20T20:23:32-04:00

just write the counseling statement, clearly, you do not have to cite the actual UCMJ, just what the infraction was, date, time, and the usual magic bullet. your legal team will do the rest after the Commander decides to pursue this. honestly, if you have counseling statements for the previous infractions, you have a strong case to separate this soldier. something else you may want to consider.

Response by CSM Thomas McGarry made Jul 20 at 2017 8:49 PM

2017-07-20T20:49:31-04:00

Having dealt with soldiers who were nonattendance problems when I was in the USAR as others have said be sure you assign a "U" for all missed drills. Also after a certain number of missed drills you can also starting taking rank which may not seem important but I've heard of soldiers who stopped showing up for drill, were kicked out for non attendance but were never busted down and were then placed in the IRR but then activated out of the IRR at what ever rank they left. I'm a little fuzzy on the regs now having retired in 2014 but if I recall-and correct me if I'm wrong, there may be problems with giving a soldier an Article 15 for non drill attendance because drill is (or was) not considered active duty.

Response by COL Bob Moore made Jul 27 at 2017 7:13 PM

2017-07-27T19:13:07-04:00

If enough unsats are accumulated separation may be processed. YourUA should know this procedure.

Response by CW4 Private RallyPoint Member made Jul 29 at 2017 12:07 PM

2017-07-29T12:07:38-04:00

You CAN NOT issue an ART 15 to a drilling reservist, IMA, or an IRR Individual. See the AR 140 series refs. You CAN not pay them, process them out, and convene an Administration Reduction Board. Other than that, not much can be done. Big Army is concerned about numbers, not quality of the fighting force...Grrrrrr...:(

Response by CH (MAJ) Private RallyPoint Member made Nov 23 at 2017 11:50 PM

2017-11-23T23:50:28-05:00

Documentation is key. Continued failures can lead to the individual being chaptered out.

Response by SSgt Boyd Herrst made Dec 31 at 2017 8:56 AM

2017-12-31T08:56:13-05:00

I’m thinking ...after looking it up, that Cmdrs seem to think it’s not worth following through.. a lot of leg-work to go through when the result is “the maximum punishment may not exceed 14 days extra duty, 14 days restriction, an oral reprimand or admonition, or any combination thereof”.. and they think it should be more but by Regs, all they can do is what is mentioned within the quotation marks, SSGT(VTS)... and literally one (you?)would have to almost be on that troop’s ‘6’ to make sure e’thing is followed through... and surely there are other duties you need to get completed..
I’m a Retired SSGT(AF) myself.. and I know the Army and AF do things differently.. well the UCMJ is the same but the interpretation is handled differently( kind of like the Constitution by the judges in the courts)... but it is what is; I’m reaching here.. maybe our more experienced leaders on RP can give us an input... Does e’thing have to be done in the ‘same 14 day period’, or... can it be stretched—————-our? ((14 days restriction, then 14 days extra duty, then
Finally or in reverse order the oral reprimand or admonition done first...?
So to our leaders on RP, SrNCOs or Officer.. what say you? Thank you.

Response by CPL Private RallyPoint Member made Jan 4 at 2018 4:47 AM

2018-01-04T04:47:39-05:00

9 Consecutive U's can put him/her out.

Response by SFC Private RallyPoint Member made Feb 7 at 2018 4:17 PM

2018-02-07T16:17:53-05:00

AR 135–91. An RST can be requested (denied/approved) prior to drill. The commander can also involuntarily RST the soldier for another date with 30 days notice, for any reason. As for being excused without an approved RST request, only an injury, sickness, or circumstance beyond your control, as determined by the Commander, will justify absence from a UTA. Then ET can be used (normally no more than 4 UTAs annually) to make up the time. If the commander requests the doctor's note, the Soldier has 15 days to provide it. But chances are, he won't be in a duty status during that period, so you can't make him. That includes giving him an Article 15 because that requires noncompliance while he is on duty. UCMJ only applies in a duty status. Since he didn't sign in for drill, he wasn't on duty. And as long as you didn't pay him like he was there, you can use the U, like others have said, to accumulate the grounds necessary for unsat participation/flag/discharge. Caveat: You can always have the commander request the note 15 days from drill and if he doesn't bring it to drill an Article 15 can be recommended for failure to obey an order or reg (Article 92), so long as it is administered at drill. But then you run the risk of plausible deniability when the Soldier says he never got the message... as he doesn't have to respond or pick up the phone when not on duty. That's why certified letters are supposed to be sent when Soldiers miss drill, get 30 days notice of schedule changes, and training schedules are prepared well in advance.

Because of the mental gymnastics involved in enforcement, this is why most units don't require a doctor's notes so long as the Soldier isn't a dirt bag. And it sounds like their are easier things to pursue with this one than a doctor's note.

Response by SFC Christopher Taggart made Feb 7 at 2018 5:05 PM

2018-02-07T17:05:35-05:00

That soldier has already given YOU a reason, "I don't want to be here!" Get with your command and help that soldier OUT! I spent half of my career in the Reserves and Guard (the other half in the Regular Army) and never did I once miss a drill. It's a sad reflection on that soldier too, because if he misses and give excuses for missing drills, what is he like in his civilian job? He's probably the same way there too. A person does not change their spots, just because they take off their uniform when they get home from a drill weekend.

Response by MSgt Robert Walters made Aug 18 at 2018 5:22 PM

2018-08-18T17:22:40-04:00

Article 214 covers anything and everything.