Short Answer
They can but it looks bad on them. If the packet is reconstructed the date should be the date of the offense (the date it actually took place) and then the signing date should be the date you actually sign it. It cannot be back dated to the original signature date.
Example
If you were late for work on the 3rd of Oct 2012. and they rewrite the counseling statement it should state on 3 Oct 2012 you were late for work. Then it should have today’s date on it for your signature.
Course(s) of Action to Consider
You may want to consider disagreeing with the counseling statement and then putting an explanation in the block something like. I have no way to verify the information contained in this counseling session with regard to the alleged incident, the time/date and circumstances cannot accurately be recalled because this counseling is a “Reconstruction.”
In addition the command states they lost the original counselings statements and this paperwork is an attempt justify a separation action. Ensure you date your comments with the date you actually received the counseling.
Be Accurate and Professional
You must be factual, professional, and unemotional through out the event. Do not become emotionally charged. If the command becomes emotional about the issue you can (should you desire) continue to ask to take it up the chain of command to and thru the BN and/or BDE level, ask for an appt with JAG and/or the IG depending on the situation with your chain of command and how they are treating you.
In my experience the best way to proceed in a case like this is to call the Soldier in and provide them a written counseling that basically list the counseling statements that were lost. Then inform the Soldier that they should consider this as a second chance and do their best to be a model Soldier. Also inform the Soldier that future acts of substandard performance will result in a counseling with corrective action that could include corrective training and/or UCMJ action depending on the severity of the offense. In addition repeated counselings for substandard performance could result in the command requesting a separation action. Finish with the magic counseling statement. This shows the chain of command is being professional, provides the Soldier a second chance and treats the Soldier with respect and dignity while putting them on notice with regard to future substandard performance.
Related Posts
You might want to consider reading the following ASKTOP.net post that are related to this issue:
What does disagree mean on a counseling statement?
How much time should a Soldier take in deciding to sign a counseling statement?
How do I tell my side of the story in a counseling session?
Should I refuse to sign a counseling statement I do not agree with?
Can a leader backdate a counseling statement?
