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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?

We have a counseling statement that got kicked back from JAG. Now I am suppose to rewrite the counseling statement and get the Soldier to sign it.  Is this correct?

Option 1

The first is my preferred method. Do not rewrite the counseling statement! See if the Soldier’s substandard performance continues.  If it does simply write the Soldier up for the new infraction and include the previous times they were FTR. Use the old counseling statements as a historical perspective for BDE legal.

Substandard performers usually don’t change and they continue to perform in a substandard manner.

Option 2

The second option is one I professionally disagree with.  Rewrite the counseling statement and put the time, date, location of the offense on it as specified by JAG and have the Soldier date it as of the date he is signing it (DO NOT backdate the Soldier’s signature).  This is technically correct but the problem with this course of action is not IAW with ATP 6-22.1 paragraph 2-30, which states counseling is supposed to be conducted as close to the event as possible.  By recreating the counseling it looks like you are out to get the Soldier.  If the Soldier is smart they will disagree with the counseling and provide a statement.  JAG will then have to decide if they want proceed.

Backdating a counseling

If you regenerate the paperwork and have the Soldier sign it and then backdate the counseling statement technically you are falsifying the document and placing your credibility in jeopardy.

posted on 01/16/2017 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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