- Part 3

Author Archive

Here is a list of every post written by Mark

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»

Can I be separated from the Army because of an alcohol related incident downtown?

I received an field grade article 15 for underage drinking (art 92) in November. Got command refereed to asap and they decided that I didn't fit into their program so they never enrolled me. In March I received a citation for consumption from a civilian police officer. I hired a lawyer and they told me to do a drug and alcohol class and 8hrs community service. I completed that and its on the way of being dismissed. I never got counseled on the event off-post and my company sent me to asap which I passed. Well, my command sent me to my phase 1, 2 evaluation, mental evaluation and education briefing. Then they handed me a backdated counseling statement from Apr 23rd saying I'm getting recommended for chapter 9 (failure to rehabilitate) which I signed with today's date. I went to rehab graduated, learned form my mistake and haven't drank since march. WHAT SHOULD I DO? CAN THEY DO THIS TO ME?.. Read the Answer»

Can I rewrite a counseling statement and have a Soldier sign it again and use it to push UCMJ action?

I submitted a for UCMJ action for repeated FTR's. the packet was rejected by Brigade Legal because I didn't have the location of the formation annotated. I had the who, what, when, and why. My PSG told me to rewrite the counselings and have the SM sign. Can I rewrite closed counselings and have SM resign for this or what would be the correct course of action?.. Read the Answer»

Can I backdate a counseling statement?

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This is a common question. Typically, backdating counseling statements is unacceptable, especially if it puts the Soldier at a disadvantage.  There are no Field Manuals or Regulations that specifically address this matter. The DA Form 4856 is a written record of the counseling session and should be completed during or immediately after a counseling session. In my humble opinion the DA Form 4856 should reflect the actual date the form is signed.  The contents of the counseling could reference Read more

How do I conduct a monthly counseling on a Soldier that was on leave for the entire month?

Top, I have a Soldier that was no leave for the entire month. My chain of command wants me to do a monthly counseling on the Soldier. How is this even possible...it makes no sense to me? .. Read the Answer»

Does the Assessment Portion of the DA FORM 4856 have to be filled out?


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.. Read the Answer»

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