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%281%29 Counseling
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Responses: 27
SFC Retention Operations Nco
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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
4 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
4 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
3 y
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 3 y 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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4 y
thank you.
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SSG Senior Desk Sergeant / Operations Sergeant
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Simple answer is you don't. Wait until the investigation is over. One of the most annoying things we see at the MP station is unit's jumping ahead such as getting an IO when the investigation is still open by the MPs. Let the MPs do their job, close the case, then take it from there.
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