Posted on Feb 23, 2020
How should I counsel a soldier involved in an accident driving a military vehicle on base, but the accident is still being investigated?
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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
Counseling
UCMJ Counseling
Posted 6 y ago
Responses: 27
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I'm slightly confused. You were told to write this soldier a counseling, recommending UCMJ, for an accident this soldier may not have been responsible for? Or was he definitely at fault?
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SGT (Join to see)
I am as well confused. so i talked to my Supervisor and he said just write there that if found guilty he will be recommended UCMJ.
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SSG Bill McCoy
SGT (Join to see) - The report will not "find" him guilty as such even when, or IF, it formally cites that he was at fault, OR partially at fault. If I was to write the Counseling Statement, based on the info you've provided, I would ONLY say something to the effect that, "Your government operator's license has been suspended, PENDING the outcome of the accident investigation. In the meantime, you are not to operate any government vehicle, if and when your operator's license is restored."
Counseling Statements can have adverse consequences to the individual, and/OR adversely affect the CO's desired or intended actions once the facts are known. So IF you MUST write one, stick only to KNOWN facts - make NO accusations and no determination as to what may ultimately be done.
Counseling Statements can have adverse consequences to the individual, and/OR adversely affect the CO's desired or intended actions once the facts are known. So IF you MUST write one, stick only to KNOWN facts - make NO accusations and no determination as to what may ultimately be done.
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Shit happens. I rear ended a vehicle in Key West totally my fault on TDY. My rental car was totaled and was cited by local police. My unit only asked if I was ok and then proceeded to help me get all my ducks in order to ensure I did not get sued later. They were great and that’s why I’ve scarified so much for the Regiment.
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Always have to have an incident such as this on record. If it ends up not being their fault, then it is what it is. Be sure to have that "Magic Bullet" on there.
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In your words - this guy screwed up bad enough that he needs to stand tall...fill in the blanks.
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Why counseling when it’s still under investigation? If there’s no final determination of fault it seems premature. Are we presuming fault without proof?
What are you going to tell him, be careful? It might have not been his fault, to be determined.
What are you going to tell him, be careful? It might have not been his fault, to be determined.
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You can counsel them on their military driving privilege's are suspended until the investigation is completed and what the consequences would be if he were to be found at fault
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If the soldier receives a federal district court ticket for the accident, they cannot receive UCMJ for the same offense(s). At minimum, you will need to know they received a district court summons before you can start the UCMJ recommendation process. Once you know that, I would check with the lawyers about what other articles may apply.
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I would ask my NCO support channel how are you supposed to request UCMJ punishment before the investigation is complete?
If the soldier was in violation of a specific article covered under the UCMJ that is separate from the actual accident that is one thing. If he was operating a vehicle he was not licensed or an improperly dispatched vehicle (you are going to have to prove the soldier knew he was not supposed to do these things) for example. If you are being ordered to issue counseling for the cause or fault of the accident before the investigation is complete that is some shady stuff and I would steer clear.
If the soldier was in violation of a specific article covered under the UCMJ that is separate from the actual accident that is one thing. If he was operating a vehicle he was not licensed or an improperly dispatched vehicle (you are going to have to prove the soldier knew he was not supposed to do these things) for example. If you are being ordered to issue counseling for the cause or fault of the accident before the investigation is complete that is some shady stuff and I would steer clear.
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I concur with the other's comments. LTC Jason Mackay list is a great outline.
I suggest you get clarification on whether the commander suspects the Soldier violated the UCMJ (if so, ask which arricle(s)). If so, I suggest contacting JAG to determine whether a Rights Warning Procedure/Waiver, DA Form 3881, should be completed. If the CoC believes the Soldier violated the UCMJ and has directed you to counsel the Soldier, it is reasonable to presume you're going to ask questions during the counseling session and the Soldier will make statements (say things spontaneously, or in response to your questions).
I suggest you get clarification on whether the commander suspects the Soldier violated the UCMJ (if so, ask which arricle(s)). If so, I suggest contacting JAG to determine whether a Rights Warning Procedure/Waiver, DA Form 3881, should be completed. If the CoC believes the Soldier violated the UCMJ and has directed you to counsel the Soldier, it is reasonable to presume you're going to ask questions during the counseling session and the Soldier will make statements (say things spontaneously, or in response to your questions).
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