Does it Happen?
Yes, Usually because the leader conducting the initial counseling is inexperienced.
Should it Happen?
No, you should not receive two counseling statement for the same offense. Typically this is done when the first counselor fails to conduct a proper counseling or leaves out key elements that are required for the counseling to meet legally sufficient.
If your matter is referred to JAG they will typically take one of the counseling statements not both so that they avoid any complications.
Is it Right?
Is it right? Not necessarily
What can you do about it?
Not much, Soldier up, disagree if you want to on the back of the second counseling and keep both copies of each counseling. I know of no regulation or FM that covers this situation.
Ensure anything you write or say is professional, unemotional, and factual.
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Hope this helps.
Comments
Eric
(Mind you, my referral appointment was scheduled for the weekend) And yet another question, if the counseling I received for missing my appointment stated “Event-Oriented Counseling: Missed Appointment” in the “Purpose of Counseling” block. Can they recommend UCMJ action in the “Key Points of Discussion” block? I’m pretty sure “Missing an Appointment” isn’t punishable under UCMJ. If they were to say ” Failure to report to their place of duty” or “Failer to obey a direct order” then this COULD be used to push for UCMJ. Correct?
Eric
Another question, obviously I can get counseled after being arrested (regardless if the case is under investigation), but can someone also receive a counseling for missing a referral (appointment made by a PA to see a civilian Doctor) because the said soldier was in jail? If so, can this counseling be used to fuel the fire for UCMJ action on top of the USMJ action that has started for being arrested?
Eric
Can a soldier receive negative counselings before getting an initial counseling (new to a unit) considering every unit has different standards? Also, do NCOs receive an initial counseling upon arrival to a new unit? Lastly, what happens if 6 months after arriving to the unit he/she hasn’t received a change of Rater yet?