Posted on Jan 25, 2014
CW2 Officer In Charge
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<p>Should&nbsp; UCMJ Articles you feel were violated be included in a counseling statement or; should you only address the offense and let the CoC along with the legal office decide what Articles to proceed with when UCMJ action is recommended?</p>
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CSM Infantry Senior Sergeant
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Naturally each installation's TDS and brigade legal representatives do things different from one installation to another but to answer your question, NO. A good rule of thumb is to leave out whatever articles and legal jargon from your counseling statement(s) and stick to the facts like time, date, and infraction. Also in your plan of action, leader responsibilities, or assessment do not put corrective training. TDS and legal views this as action already taken and punishment complete.&nbsp;
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CSM Infantry Senior Sergeant
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Roger I am recommending UCMJ action to the commander. 
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CSM Infantry Senior Sergeant
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Once it comes back from legal and TDS a go for UCMJ action, I have my senior NCOs type out a separate counseling covering their recommendation for UCMJ action. Example SPC Rink you have being recommended for a Field Grade Article 15 due to a positive UA. At your current grade the max punishment is reduction to E1, loss of half months pay for two months (total amount lost), up to 45 days extra duty, and sixty days restriction. If reduced in pay grade from E4 to E1 the total loss of pay (enter sum) along with loss of half months pay for two months equates to total sum of all money lost! It will take you X amount of months time in grade in each respective grade to earn back your previous pay grade. Enter x amount of months to earn original grade back and the grand total will equate to thousands of dollars the soldier will lose. It really shows the soldier the numbers of what their misbehavior cost them.&nbsp;
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SSG C Ied & Irw Instructor
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>1 y

1SG,

I disagree with your statement about the plan of action, there should always be a plan of action.  We as NCO's don't Punish, we train and mentor and our plans of actions should reflect such.  Counselings without plans of action and follow ups, reflects leadership that hasn't tried to correct/rehabilitate the soldier prior to pursuing UCMJ Action.  And can actually lead to a soldier not receiving UMCJ because TDS can use those counselings to show that the leadership did not attempt to give the soldier time to correct/improve.

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SSG Robert Blum
SSG Robert Blum
10 y
SPC P.K., a Rights Advisement (DA3881) is not required for an event oriented counseling. During an investigation, prior to asking the accused/suspected individual any questions, the investigating Officer will advise the service member of his/her rights under the UCMJ. Prior to the frist reading the UCMJ packet (which contains all statements, evidence, photos, counselings,Military Police Reports, the findings of the investigation, and the reccomendation of the commander) is fowared to the Legal office, and the Soldier meets with a Jag attourney and they discuss the contents of the packet and the rights that the Soldier has.  This Occurs again prior to the Second Reading.  An NCO counseling a Soldier for Misconduct cannot advise the Soldier of his rights. Unless that NCO has been detailed to conduct an investigation.  Refrence Artice 136 of the UCMJ. 
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SFC G 39 Cema Nco
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I worked with legal and in most cases they don't want them put in. It's a precaution to keep NCOs from putting the wrong ones in and messing up a article 15 case
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SSG C Ied & Irw Instructor
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The problem when people quote Articles of the UCMJ in a counseling is that they only look at the title of the Article, they don't actually look into what the article defines as a violation of the UCMJ.

 

A good rule of thumb is to not put it in there, right now my job is the Squadron Legal Liaison...I'm not legal but all I do is handle Chapter Packets and Article 15's, and I can tell you that I kick back packets/counselings where someone fails to fill them in properly.

 

 

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