There is no regulation specific to this issue. It would most likely fall under an illegal order. Forcing a Soldier to sign a counseling statement basically comes down to the leader using intimation. This is not a good leadership trait. When the Soldier states he/she was forced to sign you lose creditability and in some situation could possibly face legal action. The Soldier has the option to agree, disagree, or not sign at all. If the Soldier refuses to sign see this post for more information: Can I force a Soldier to sign a counseling statement? Why should you care if the Soldier refuses to sign? The intent of the counseling statement is to document the issue, develop a plan of action, and assess the plan of action, not force the Soldier to sign.
Read The Mentor: Everything you need to know about leadership and counseling for more information about Counseling, Leadership, Corrective Training, and Separations in the Army.
Comments
Anonymous
Is it legal to have someone else counsel a soldier other than the one named on the actual counseling statement?
Mark Gerecht
Bottom-line
This is inappropriate based on the information you provided. Potentially illegal and potentially falsifying a government document.
Discussion
BLUF: The counseling represents the event as it occurred. Therefore, the name on the counseling will be the name of the individual actually conducting the counseling. In most cases this would be the individual who personally observed the behavior.
Thoughts
There are several way to fix this issue:
Do nothing. Does it really matter? Is this worth the fight?
Counselor cross out the incorrect name and inserts their information
You disagree with the counseling statement and make a note as to what actually happened.
Ultimately the choice is yours. Choose wisely.
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This response is based on the information you provide. My comments do not represent the US Army or US government positions. Furthermore my comments should be used for information purposes only.
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SGT NICK
This is a frustrating issue and anywhere else it would be grounds for dismissal (fired) but in the army we as leaders must play the system just as good as the soldiers are trying to. Do not order them to sign, just ride them all the time no more verbal warnings anytime they mess up 4856’em over and over again no smoking or dropping keep it on paper. Get five of the Event-Oriented counselings then send the recommend UCMJ one up.