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Can I counsel a Soldier who is attached to another unit?

Two of my Soldiers are attached to other units. I have counseled one of them for numerous issues over the course of a month. Now my SFC wants me to counsel the other Soldier. I called the unit he is attached to and spoke with the SSG above the Soldier. The SSG told me I could not counsel the Soldier because I am not currently in his chain of command. Now my SFC wants to counsel me. What should I do?

I am working on getting you more regulatory references but I am not sure it will specifically answer this question. This is really a common sense issue. The SSG is probably correct.

When you attach a Soldier he is attached for 1 of 3 reasons:

  1. Admin, training, pay
  2. Training only
  3. TDY

When attached with “Admin” on their orders, the Soldier is attached with all administrative functions to be taken care of by the gaining unit including UCMJ, counseling, etc.

If this Soldier is an NCO the issue is specifically addressed in AR 623-3 para 3-49 which states the gaining unit handles the counseling:

3–49. Supervisor evaluations for temporary duty, special duty, or temporary change of station Rated Soldiers on TDY, SD, or TCS who are not responsible to their parent organization will be rated by their TDY, SD, or TCS supervisors according to rating chain requirements (see para 2–3 and 2–4). In these cases, the TDY, SD, or TCS supervisor is responsible for ensuring that a rating chain is published and that a DA Form 67–9–1 is initiated on the rated officer or DA Form 2166–8–1 is initiated on the rated NCO. TDY, SD or TCS supervisors are not authorized to render any type of evaluation report for periods of fewer than 90 calendar days unless otherwise authorized as an exception.

AR 27-10 para 3-8 states the gaining unit handles the counseling:

3–8. Persons on whom nonjudicial punishment may be imposed

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posted on 04/18/2012 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training..

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