Posted on Oct 25, 2018
How long does an NCO have to give a negative counseling after an incident?
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I want to know because this incident happened over a week ago. They are saying because I was on detail it doesn’t matter but I’ve been called into work multiple times behind other things.
Posted 7 y ago
Responses: 6
Usually it should be done as soon as possible. However, there is nothing I could find in ATP 6-22.1 specifically stating when it should happen. Now, depending on the reason for the counseling, it could take a moment to gather all the information that will be put in the counseling form.
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SGT Weldon Jones
MSG (Join to see) - thank you, you have been very helpful,I called the mayor and the congressman, and they are going to get involved,and our Attorney and long time friend is a retired CSM so now he is checking civilian action if it indeed does happen,we did get 8 letters of recommendation from miltary retire and active that know him and watched him grow up, so fingers crossed. have a blessed day
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SGT Weldon Jones
MSG (Join to see) - we did review that policy and sent it to him,also he tried several times to use the open door policy, they wont let him go,its really messed up, again thanks
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MSG (Join to see)
SGT Weldon Jones - NO ONE CAN STOP the use of the Open Door Policy. Stopping someone from using the Open Door is a violation of policy and regulations. If he has proof...then there is the IG complaint
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SGT Weldon Jones
MSG (Join to see) The congressman's secretary called my wife (SSG Jones retired)they are still talking,and getting the information as we speak,she is having my wife fill out AR -138 ,and we are sending it too Pvt Jones,to take along with everything else in the morning to his EO,to have a witness to all his transactions and request, so they cannot say pfc Jones never asked,and the American Legion Judge Advocate for the state of Alabama text me and he will be in our area tomorrow and he wants to meet with us.he knows us my wife is first vice commander and area commander and I am 2 vice commander at our post,so it appears everyone that knows us,more impoiknow Pfc Jones is getting involved.fingers are crossed,thanks
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There is no time limit stated for an event oriented counseling, but the further from the event, the less accurate the information will be regarding the incident.
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SSG (Join to see)
The time limit is close to the event as possible.
ATP 6-22.1
2-30. Counseling is a subordinate-centered, two-person effort for which the subordinate must have
adequate time to prepare. The person being counseled should know why, where, and when the counseling takes place. Counseling tied to a specific event should happen as closely to the event occurrence as possible. For performance or professional development counseling, subordinates may need a week or more to prepare or review specific documents and resources, including evaluation support forms or counseling records.
I understand what the regulation say about counseling timeline in general, but when it comes to negative counseling, you can't back track weeks or month or 2 later and do counseling for that infraction. If Soldier decide to go to legal, the first thing JAG will do, is show the regulation where it say close
ATP 6-22.1
2-30. Counseling is a subordinate-centered, two-person effort for which the subordinate must have
adequate time to prepare. The person being counseled should know why, where, and when the counseling takes place. Counseling tied to a specific event should happen as closely to the event occurrence as possible. For performance or professional development counseling, subordinates may need a week or more to prepare or review specific documents and resources, including evaluation support forms or counseling records.
I understand what the regulation say about counseling timeline in general, but when it comes to negative counseling, you can't back track weeks or month or 2 later and do counseling for that infraction. If Soldier decide to go to legal, the first thing JAG will do, is show the regulation where it say close
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SSG (Join to see)
SSG (Join to see) to the event occurence as possible. If you look at the key words SHOULD HAPPEN, CLOSELY to event, as POSSIBLE, those words alone say there is a timeline in order for that counseling to be valid from a legal standpoint......
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SGT (Join to see)
SSG (Join to see) to be realistic. ATP’s are not regulations but rather training pamphlets intended to give guidance but not an order. The ATP does state however that the timeline to council is governed by army and unit policy’s
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According to ATP 6-22.1 2-30, it say close to the event as possible. Mission or events will dictate when the write up will be, but a good NCO will burn midnight oil and put it on paper that same evening or have it ready within 48 hours while the incident is still fresh............ But on the other hand, I've seen where commands wait weeks after incident and try to write counseling. That's a NO-GO, JAG will eat it up and spit it out.............
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Depends on what it was obviously. But I would ask this: did you do something that could be considered negative more recently? They may have blew off the first incident, but took it more serious if there was another incident shortly after showing a pattern.
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SGT Weldon Jones
SGT. Weldon Jones
I was wondering,A soldier was given counseling,verbal mostly,and 2 written counselings that was not signed,then 10-12 months later,they decide to chapter the soldier,for wearing ear bugs off duty,in kuwait( and yes everyone knows that is allowed and is being done constantly,and because the soldier was told by his supervisor to arrive to formations 15 mins early, and the soldier arrives 14 mins early, and they counsel him??now the first chapter packed was sent back because it was done improperly and the private was not given guidance, so instead of throwing out the chapter, they now flagged him(2 months now) and started another chapter packet, still does not give him counseling once a month as required about his status?and 2 months ago when it was time for that privates levy brief, they told him not too go,then 2 weeks later flagged him??? he hasn't even been to IG. they make the private work differant details for 5 months,the move him before he can get a performance counsel, ect... this soldier is not getting the due process or leadership he should be? now they called him in the office and made him sign 5 counsel statements that have been back dated over a course of a year??? that can't be legal,the private not knowing told them he did not agree with the counselings (3 of them) and he was told he HAD to sign them so he did???you can't back date Negative counselings,and at that the private has absolutely no good counselings in his file despite getting praise for some things he has done?? I don't understand, please comment,, What they did was initiated a flag that he was being chaptered out without any form of rehabilitation, then found that what they were doing was wrong, and attempted to correct their error by having him come in to remove the flag for chapter on a 4856, then sign a 4187 for Adverse actions and flagged him on that. Then continued with the chapter process. The SM has been following all of the guidelines and guidance he has had, and yet he has not yet have been afforded the opportunity for rehabilitation or retraining during this process this process has been ongoing for two months, (February until current date) They gave him a two week punishment and while on punishment back in February, during that time they initiated chapter 13 proceedings on him. He was not informed of chapter proceeding and was told he would not be able to
attend his levy briefing as scheduled, they cancelled it it the day of after telling him he had to attend. The soldier was to PCS in less than 45 days when they decided to chapter him. As of now he is still currently on assignment, but they are keeping him in the dark without giving him any information. The SM has not been given in paper copies of any counselings he received. He is not sure what to do, He was told by EO, JAG and IG that they could not help him get any information to help him, because he did not have a packet with him, in which the 1SG is holding onto in his office with refusal to give it to him so that he could get some help. He was told that he has 72 hours to get letters of support to help in his case, then they would submit the packet. what advice could you give to me to help him.
I was wondering,A soldier was given counseling,verbal mostly,and 2 written counselings that was not signed,then 10-12 months later,they decide to chapter the soldier,for wearing ear bugs off duty,in kuwait( and yes everyone knows that is allowed and is being done constantly,and because the soldier was told by his supervisor to arrive to formations 15 mins early, and the soldier arrives 14 mins early, and they counsel him??now the first chapter packed was sent back because it was done improperly and the private was not given guidance, so instead of throwing out the chapter, they now flagged him(2 months now) and started another chapter packet, still does not give him counseling once a month as required about his status?and 2 months ago when it was time for that privates levy brief, they told him not too go,then 2 weeks later flagged him??? he hasn't even been to IG. they make the private work differant details for 5 months,the move him before he can get a performance counsel, ect... this soldier is not getting the due process or leadership he should be? now they called him in the office and made him sign 5 counsel statements that have been back dated over a course of a year??? that can't be legal,the private not knowing told them he did not agree with the counselings (3 of them) and he was told he HAD to sign them so he did???you can't back date Negative counselings,and at that the private has absolutely no good counselings in his file despite getting praise for some things he has done?? I don't understand, please comment,, What they did was initiated a flag that he was being chaptered out without any form of rehabilitation, then found that what they were doing was wrong, and attempted to correct their error by having him come in to remove the flag for chapter on a 4856, then sign a 4187 for Adverse actions and flagged him on that. Then continued with the chapter process. The SM has been following all of the guidelines and guidance he has had, and yet he has not yet have been afforded the opportunity for rehabilitation or retraining during this process this process has been ongoing for two months, (February until current date) They gave him a two week punishment and while on punishment back in February, during that time they initiated chapter 13 proceedings on him. He was not informed of chapter proceeding and was told he would not be able to
attend his levy briefing as scheduled, they cancelled it it the day of after telling him he had to attend. The soldier was to PCS in less than 45 days when they decided to chapter him. As of now he is still currently on assignment, but they are keeping him in the dark without giving him any information. The SM has not been given in paper copies of any counselings he received. He is not sure what to do, He was told by EO, JAG and IG that they could not help him get any information to help him, because he did not have a packet with him, in which the 1SG is holding onto in his office with refusal to give it to him so that he could get some help. He was told that he has 72 hours to get letters of support to help in his case, then they would submit the packet. what advice could you give to me to help him.
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There is no statute of limitations for a counseling statement or a flag. They should happen as soon as possible, but there is no time limit that gets you out of it.
There are two purposes for negative counselings:
1. They help Soldiers with potential get straightened out and back on track. Most senior NCOs had a negative counseling between E1 and E4, some had ART 15's, and they all got back on track.
2. They pile up to help the command put out Soldiers with no potential who blame everyone but themselves for their problems and poor performance.
Just be in the first group an you'll be fine.
There are two purposes for negative counselings:
1. They help Soldiers with potential get straightened out and back on track. Most senior NCOs had a negative counseling between E1 and E4, some had ART 15's, and they all got back on track.
2. They pile up to help the command put out Soldiers with no potential who blame everyone but themselves for their problems and poor performance.
Just be in the first group an you'll be fine.
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None that I know but I guess the main questions are:
1. Was it a willful act?
2. Have you done it before?
3. Were you verbally on-the-spot corrected?
4. Were you disrespectful in words, attitude, or tone of voice at the time of the the incident?
5. If #3 was yes, was it in front of or overheard by other soldiers?
6. Did you express behind-the-back disrespect?
7. Did you do repeat the action or again say a similiar word?
If so then take your medicine and maybe you should express some apology.
After wards - either way - soldier on, because it looks like you're staying in the service.
Bad things happen. Good things will come. That's life - FIDO
1. Was it a willful act?
2. Have you done it before?
3. Were you verbally on-the-spot corrected?
4. Were you disrespectful in words, attitude, or tone of voice at the time of the the incident?
5. If #3 was yes, was it in front of or overheard by other soldiers?
6. Did you express behind-the-back disrespect?
7. Did you do repeat the action or again say a similiar word?
If so then take your medicine and maybe you should express some apology.
After wards - either way - soldier on, because it looks like you're staying in the service.
Bad things happen. Good things will come. That's life - FIDO
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