Posted on Feb 23, 2020
SGT Squad Leader
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One of my soldier was involved in an accident on base driving the military vehicle and crash with a pov, I was asked to write him a counseling recommending for UCMJ. the accident is still under investigation and I am really confused on what to write. I am a new NCO, that want to make sure I'm doing the right thing. I really do not know how to start this counseling. anyone with a suggestion?
Posted in these groups: Ucmj UCMJHelp1(1) Counseling
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COL Aviation Combined Arms Operations
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Be careful here. There should be 2 investigations underway one for safety and the other a collateral. As the individual’s nco I would only counsel the sm on his rights and refer as needed to jag. Do not assume anything and put no assumptions in writing.
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MSG Dan Castaneda
MSG Dan Castaneda
1 y
Best free advise given.
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SGT Squad Leader
SGT (Join to see)
1 y
Thank you sir.
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TSgt David Holman
TSgt David Holman
1 y
Exactly what COL (Join to see) said. You should never counsel someone on something that has an investigation pending. This could have serious legal ramifications that could potentially destroy a person's career for no reason.
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CPT Tom Monahan
CPT Tom Monahan
1 y
COL Grierson is right. I can see several investigations too. First off is who was at fault for the accident? What are the results from MPO/CID, drug and alcohol testing, Report of Survey, Article 32, Safety, CoC Line of Duty, etc. You also have to consider the soldiers past performance. Is there a flag or bar to re-enlistment? Has there been previous UCMJ action? Is the soldier’s Army drivers license up to date and was the dispatch proper? Did the MPs cite anyone for a traffic violation? I’d get with the PLT SGT and 1SG and possibly CO and your PLT Leader before putting pen to paper. You want to protect the soldier’s rights while ensuring you don’t screw up a possible prosecution or administrative action.
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SFC Senior Brigade Career Counselor
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Just write what they failed to do. Anyone can get in an accident that's not their own fault. Identify what errors in judgment they made, or preparations they may have failed to make. If you can't identify anything they did wrong, then refer it back to the person telling you to write it. Tell them to write the counseling.
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SGT Squad Leader
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SFC Ralph E Kelley
SFC Ralph E Kelley
1 y
SGT (Join to see) -
Did the driver fail to follow the TCs direction thereby causing the accident?
If he failed to obey - there's the grounds for recommending UCMJ action.
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Maj Neal Jackman
Maj Neal Jackman
1 y
Encouragement never hurts. I'm sure the soldier is already kicking themselves even if they did everything right. Use this as an opportunity to build upon.
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LTC Jason Mackay
LTC Jason Mackay
1 mo
SGT (Join to see) before this incident or as a result of the accident?
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SSG Brian G.
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Edited 1 mo ago
Ok, so the got into a car accident. It happens. Start by verifying that the troop has a valid drivers license and has the necessary training to get a military drivers license. Next get a copy of the accident report. Or the officers report who was on scene. Then ask the troop to recount what happened, word for word. Based on this you should be able to get a fairly clear idea of what happened.

Based on the above, then sit down with the troop and have a loosely written counseling, you will later go back and type it up, and lay out that driving a privilege, and a serious responsibility and that involvement of a piece of government property in that is a serious event and should command decide, there could be UCMJ action involved. Lay out any errors that the troop made, if any but also lay out their positives that they made too.

Stress safety in your counseling. Let your counseling state the facts and observations and follow the regulations.

Lastly, once you have it typed up, I would avail myself of my CoC open door policy and speak to the 1SGT unless he was the one that directed you to counsel the troop. Show the counseling to the 1SGT and get his or her opinion on the matter. Then providing they are ok, present said counseling to the troop, and have them sign, date and add any remarks. Done.

This allows you to be thorough and neutral without railroading a troop and keep your CoC in the loop and for input. It may be a case of a NCO getting over zealous in recommendation for UCMJ.
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SGT Squad Leader
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thank you.
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