Legal Services
Legal Services
Posted on May 26, 2020
Can you make an Army Reserve soldier text you every morning as part of a counseling plan of action?
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Army Reserve question for starters - I know this would be totally moot in the Active Duty realm. All I know about this particular situation is the Jr. Enlisted SM is being counseled for previous communication failures.
There is a junior enlisted in an Army Reserve unit who as part of a counseling is being told to text their first line leader every morning. Is this lawful, and if so is the soldier required to be compensated for their time since they are not on orders? If the soldier does not comply, is this then failure to follow orders?
Edit: Thank you for the responses. For clarification, I am not involved directly in this situation - the leadership development is not of the soldier or NCO but my own as I observe this situation. I personally don't think this is an effective method of developing the soldier (though I can objectively understand the logic behind the plan of action) - but it is the potential for this to escalate beyond a simple counseling if the Jr. SM fails to follow the Plan of Action that concerns me.
There is a junior enlisted in an Army Reserve unit who as part of a counseling is being told to text their first line leader every morning. Is this lawful, and if so is the soldier required to be compensated for their time since they are not on orders? If the soldier does not comply, is this then failure to follow orders?
Edit: Thank you for the responses. For clarification, I am not involved directly in this situation - the leadership development is not of the soldier or NCO but my own as I observe this situation. I personally don't think this is an effective method of developing the soldier (though I can objectively understand the logic behind the plan of action) - but it is the potential for this to escalate beyond a simple counseling if the Jr. SM fails to follow the Plan of Action that concerns me.
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Edited 4 y ago
Posted 4 y ago
Responses: 6
You are getting into the grey area of leadership development sir. If SM is a reservist, you cant really "order" them to text you unless activated or drilling. Yes you can say its failure to follow a lawful order, will you win this fight when it goes in front of legal, not a chance.
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SSG Steven Borders
I agree with SSG (Join to see) very gray area. Because on one hand I stay in contact with my soldiers throughout the month. Usually via text, for various things. I usually get a response with an hour, depending on how busy they are at work. Now, do they have to respond. Technically no, because they are not in an active drill status. I guess the same could be same for Commanders and 1SG's. Can you force them to do BN/BDE command and staff calls, or run the company when not in a drill status? No, really you can't will be be severally frond upon you bet it will.
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Micromanaging is not leadership. The leader needs to mentor said soldier, lead by example or resign from your position.
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Can you? In the sense that you can expect any TPU or MDAY to reply to an email, text or answer a phone call from any leader in between drills, sure. Just like we expect TPU and MDAY leaders to reply to emails, participate in training meetings, disseminate information, and complete evals and awards in between drills without compensation, as we cannot pay a TPU or MDAY for anything less than being at a place of duty in uniform for a minimum of 4 hours.
If that leader wants a text every morning, it should be a reply to a text from that leader.
But I can't imagine what role a daily text would play in a plan of action for a TPU or MDAY outside of summing up a PT session that morning.
I would think the plan of action would be more effective (positive or negative) if the plan was based on requirements communicated as a lawful order to be executed during drill period, with the consequence of receiving a negative counseling and no pay for unsatisfactory performance if not completed.
If that leader wants a text every morning, it should be a reply to a text from that leader.
But I can't imagine what role a daily text would play in a plan of action for a TPU or MDAY outside of summing up a PT session that morning.
I would think the plan of action would be more effective (positive or negative) if the plan was based on requirements communicated as a lawful order to be executed during drill period, with the consequence of receiving a negative counseling and no pay for unsatisfactory performance if not completed.
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