No, this is not double jeopardy. Corrective training is administrative in nature and not considered punishment. UCMJ actions are punitive in nature. So yes you can be recommended for UCMJ action for the same deficiency your current corrective training is meant to correct.
Let’s say you were disrespectful to an NCO and he required you to give a class on respect and recommended you for an Article 15. Depending on the circumstances this course of action could be appropriate.
There is a possibility a technical issue may exist, so if you are recommended for UCMJ I would encourage you to discuss your concerns with the JAG. It never hurts to ask.
Comments
Taylor
I have already received a negative counseling for underage drinking, i have already started my punitive action for it. My PLT SGT came back from leave and went around the company commander and is recommending me for article 15. My Company Commander stated before he left on leave and stated that he did not want to give us ART 15. What am I supposed to do i know I was wrong but I thought that it was double jeopardy.
Very Respectfully,
Taylor Gouette.
Mark Gerecht
Let’s go over a few things first.
You stated you have already started your punitive action. Punitive action is punishment and usually administered under UCMJ. So I believe you received corrective training. Corrective Training is not punitive action. Corrective training is the lowest level of disciplinary correction and is designed to be conducted until the substandard performance has been corrected and cannot be used as punishment.
If the corrective action was taken in the form of a counseling statement you are probably okay, especially if the Commander stated he did not want to handle it with an Article 15. Make sure you have a copy of the counseling statement.
With regard to double jeopardy I do not believe this situation qualifies for the double jeopardy ruling.
Now to the root of the issue. If your Company Commander stated that your corrective training was sufficient and did not want to resolve the issue under an Article 15 then the Platoon Sergeant does not have the authority to overrule this decision. He can make his dissatisfaction known to the command and recommend an Article 15 but odds are the XO will not override the Commander’s decision, especially if he has been briefed on the matter by the Commander.
I would recommend that you stay calm, unemotional, and professional. You have already acknowledged and accepted responsibility for your actions. Most leaders will respect this and take this into consideration when you make a poor decision. If you feel you are being treated unfairly you should seek resolution through your chain of command. If you do not feel you can do that then you can call the IG without providing your name or unit and request their thoughts on the matter.
There are several articles and questions/answers on AskTop.net regarding corrective training. You may also want to read about implementing corrective training by read the Mentor. If so you can find it at GiPubs.com
I hope you found this information useful. If you have additional questions or if I did not adequately address your question please feel free to contact me again.
Keep us posted
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spc butler
i have recieved two councilings for late to morning formation and one for missing a bus for white water rafting i am an outstanding soldier u have a 295 pt score and am in route for nco board and wlc i also just reenlisted to further my carreer all counciling states were marked as article 86 (awol) i have completed all corrective training and am now recommended for sum. art 15 however all counciling statements are now being rewritten as article 92 failure to obey lawful order what should i do if myself and other leadership within my plt disagree with actions taken and believe i am being pinpointed by plt srgt this is not the fitst time i have been singked out directly by my pkt srgt
with all respect
spc butler
SPC V
I have received a counseling for disrespect and slander of a NCO. On the corrective actions section of the counseling it says that my reenlistment slot will be taken from me, i will not be recommended to the board and recommended for a ART 15. Can i be recommended for the ART 15 in conjunction with the other two punishments?
SGT NICK
To reiterate what the CSM said yes you can receive all three punishments. First, because you are pending UCMJ you will be immediately flagged barring you from re-enlistment and favorable actions; you should receive an email in your AKO account when that happens. For the first time in Army history your brigade commander must now approve your re-enlistment. In order to do so he will need recommendations from your company re-enlistment rep, company commander, your battalion career counselor and commander then to him. If any of these people say no, then it is DOA unless you want to use the open door policy to talk to him/her. As for your ART 15 there are many considerations to take into effect, including if this was your only negative counseling or do they have a few of them on you already. What are the proceedings? Summarized, Company, or Field? And finally and most importantly does your unit have a zero tolerance policy for disrespect? Units that do tend to be aggressive toward violators, hope this helps and good luck. P.S. I would recommend reading CSM Gerecht article on recovering from a Article 15 proceeding
Preston
Here is a related article by AskTOP SME Philip Cave: http://asktop.net/articles/soldier-decisions-and-recourse-during-article-15-proceedings/
Preston
FYI, Mark just published a new article about actions to take when your leader is planning to recommend Article 15: http://asktop.net/articles/how-can-i-convince-my-chain-of-command-to-drop-an-article-15/
Mark Gerecht
Unfortunately Yes. The first two actions are administrative in nature. The Article 15 recommendation is punitive in nature. If these actions have not already occurred I would encourage you to seek a resolution with the chain of command. Be humble, be responsible and see if they will go for corrective training. Ensure them you have learned your lesson and that they will not have this problem out of you again. If properly delivered and your are sincere you may have a shot at putting the brakes on this before the ART 15 process starts. Keep in mind we all make mistakes and we should learn from them. Depending on the specifics of this situation you might be able to get some empathy from the chain of command. Keep in mind during the draw down the Army is looking to get rid of Soldiers that can’t play well with the team or have difficulty following orders and maintaining discipline.
Hope I provided you some useful nuggets of knowledge.
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PFC Gastelum
I’am being recommended for a ART 1. They placed me on “DUTY” status at all times until further notice. So basically I have to be in uniform at ALL times and on my days off I get tasked out to do whatever they want me to.Basically its extra duty but they are not calling it that. Is this considered to be a punishment?
SGT NICK
I would need more information about the infraction that caused the counseling and UCMJ recommendation. If it is coming straight from the CSM it sounds bad. Keep in mind that JAG only makes recommendations to the commander and cannot force them to act in your favor entirely.
PFC Gastelum
*ART 15
Forgot to add they told me I’m on duty status until they figure what is going to happen to me. I signed my counseling statement yesterday that said i would be recommend for a ART 15.
Mark Gerecht
PFC Gastelum,
NCO’s including the CSM have the authority to recommend revocation of privileges but do not have the authority to impose the revocation. NCOs can impose corrective training but based on what you stated I am not sure that 24 hour duty would fall under corrective training. Since I do not know the specifics about what transpired with you I cannot tell what is correct in this matter. I would caution you not to tangle with the CSM as we usually (not always) have our stuff together. If you believe the action was inappropriate make a note of it and speak with JAG. Regardless of what happens be professional, unemotional, and calm. Do not allow yourself to be provoked to action or simply lack self control and say or do something that will just dig a deeper hole. I would also suggest you keep your mouth shut. Do not discuss the issue with your peers. Also be careful of what you hear in the barracks. Odds are those Soldiers know less than you do about UCMJ. Keep in mind your leaders are doing what they believe best in this situation. As I stated previously shoot me your email address I an will send you some specific information that might help. You can email me directly no need to post your email on the site.
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Mark Gerecht
PFC Gastelum,I have some additional information I would like to share with you that may be of assistance to you. I don not believe it is proper to post it here. Please email me at: Mark@asktop.net and I will send you the information in an email ASAP.
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PFC Gastelum
Thank you so much! This information was helpful, I’ll be sure to keep a record and go and talk to JAG. One more thing does it make a difference if the duty status was placed on me by the CSM and not the commander?
Mark Gerecht
It depends how they handle the issue. If the commander revoked privileges like civilian clothes and pass privileges then there is most likely not an issue. Having to pull duty might be another issue. This is where JAG comes in. You need to keep a record of everything you are told to do and the actions taken against you and present this to JAG when you go for your Article 15 review. While revoking privileges is common place someone in a 24 hour duty status is not.
Most command and leaders try to do the right thing so my guess would be prior to taking this action your chain of command most likely spoke with JAG to ensue their actions were appropriate. But you never know. There might be a situation were the 24 hour duty staus would be appropriate such as if you were a flight risk.
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