- Part 3

Author Archive

Here is a list of every post written by Mark

Do Article 15’s and counseling statements transfer to a new unit if my current unit is shutting down?

I am being transfer to a new brigade because my brigade is shutting down. Do my Article 15's and counseling statements stay with my old unit? .. Read the Answer»

What regulation states a Soldier has the right to have JAG/IG present during a counseling session?

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Short Answer There is no requirement for a disinterested party like JAG or the IG to be present during a counseling session Discussion There is no regulation that states JAG or the IG can or cannot be presence during a counseling session.  I personally see no reason for them to be involved during a counseling session. If the Soldier has concerns about the counseling session they can certainly ask the chain of command for a disinterested party such as JAG/IG to be present but this is a highly Read more

Does the person who wrote the counseling have to sign it?

Short Answer Yes, the person that wrote the counseling statement must sign the counseling statement. Discussion While there is nothing in counseling doctrine that specifically states this it is common sense and it is also implied when reading counseling doctrine. Think of it as a contract to be a legal document a signature is required.  However keep in mind this could have simply been an administrative oversight.  If the Counselor later discovers that they forgot to sign the form the fix Read more

Can I get an Initial counseling (DA 4856) outlining my duties and a negative counseling (the same day) for not effectively performing my duties?

Can I get an Initial counseling (DA 4856) outlining my duties and a negative counseling (the same day) for not effectively performing my duties?.. Read the Answer»

Can my chain of command refuse to give me copies of counseling statements?

My chain of command will not let me make copies of counseling statements inside of my counseling packet because they have already given me one copy I would like to make additional copies because I am missing a few and would like to start fresh that way I know I have everything I need. Are they allowed to do this ?.. Read the Answer»

Can I received corrective training for writing a rebuttal to a counseling statement?

I wrote a rebuttal to a counseling and now have to write a paper on my rebuttal, can my leader do this?.. Read the Answer»

Can my CSM change a rating on an evaluation report if he/she is not in the rating chain?

TOP HELP! Our Battalion CSM is changing the rating on NCOERs. Usually lowering ratings from "Excellence" to "Success". Is this Legal? Can he do this? What action can I take? .. Read the Answer»

Do I have to allow a Soldier time to respond to a counseling statement?

I just counseled a Soldier. The Solider asked for 24 hours to prepare his statement wanted to write this in the session closing block of the counseling statement. I said no. Do I have to give him time or is that my discretion?.. Read the Answer»

Does chewing tobacco or using snuff detract from a professional image when saluting

I got chewed out for using chewing tobacco when I saluted an officer. Does this detract from a professional image?.. Read the Answer»

My NCO is Lying and my Chain of Command is Pushing an Article 15- What Can I Do?

Question: Top, I really need some wisdom here. I will take responsibility for my actions but I cannot be blamed for something I did not do. My chain of command is trying to frag me with a company grade AR15 for (Lying to an NCO). The platoon Sgt admitted offline that he was guilty of miscommunication, but in front of top he wont admit it and plays a different type of role. He back-dated 3 counselings roughly 2 months but he did write the current date on the date block, is ther any hope for me top i am a fast tracker in m MOS and i am one the way to a successful path in the army i need help this can really screw me and i am honeslty in the right and do not deserve this please assist Thanks .. Read the Answer»

Can I get in trouble for complaining about one of my leaders on social media?

I was complaining to my family about the actions of one of my NCO's over social media can I get in trouble?.. Read the Answer»

Can I be counseled while on narcotics and on convelesant leave?

Can I be given a counseling statement while I am heavily medicated and not in the right state of mind? My LT called me in from CONLEAVE because I missed an appointment due to the prescription medication I was on. When I got there he asked if I was "high on my meds" and I said yes. He still followed through with the counseling and made me sign it. I dont even remember being counseled. What should I do?.. Read the Answer»

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