Short Answer
There is no requirement for a disinterested party like JAG or the IG to be present during a counseling session
Discussion
There is no regulation that states JAG or the IG can or cannot be presence during a counseling session. I personally see no reason for them to be involved during a counseling session.
If the Soldier has concerns about the counseling session they can certainly ask the chain of command for a disinterested party such as JAG/IG to be present but this is a highly unusual request. The more reasonable request would be to ask that someone else be present during the session. It is up to the individual conducting the counseling to grant that request.
If you feel uncomfortable with the person counseling you I would suggest you consider bringing it to the attention to a member of the chain of command. If you disagree with the contents of the counseling you can simply disagree with the counseling and provide your comments in writing, just make sure they are factual and professional.
There is nothing that prevents you from taking a copy of your counseling statement to the IG/JAG for review if you feel something is in appropriate. If you absence yourself from your place of duty then you need to ensure your chain of command knows where you are.
More than likely the issue can be handled locally by your chain of command on open door policy. Usually the best remedy occurs at the lowest possible level.
Related Posts
You might find the following post useful:
What does disagree mean on a counseling statement?
How do I tell my side of the story on a counseling statement?
Should I refuse to sign a counseling statement?
Can a Leader backdate a counseling statement?
Please Read! Help Us Help Others!
Comments
Mark Gerecht
Tracy,
Thanks for your feedback! JAG is divided into two parts one part represents the chain of command and the other represents the Soldier. I have found that these two entities usually do a good job of staying in their lanes and focusing on their specific duties. However since humans are involved there is always that case which is the exception to the rule. As you stated in your response “Just let the Soldier contact the IG after the counseling session and provide them a copy of the documentation. It would be a good idea to let the chain of command know the Soldier has expressed interest in contacting the IG to ensure the 1SG/CDR are not caught off guard.
Thanks again
TOP