Yes you can receive both. This is not double jeopardy. Corrective training is administrative in nature and not considered punishment. UCMJ actions are punitive in nature. So yes you can be recommended for UCMJ action for the same deficiency your current corrective training is meant to correct.
Let’s say you were disrespectful to an NCO and he required you to give a class on respect and recommended you for an Article 15. Depending on the circumstances this course of action could be appropriate.
Did you find this information useful? We appreciate your feedback!
If corrective action (intense physical training) took place for over an hour for a issue with the soldier, can he still be given a negative counseling for the issue?
This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility.
Yes, you can still be counseled. However as you have described the issue it potentially violates AR 600-20 with regard to hazing and the leader can be held responsible for abuse or other issues in violation of the UCMJ if the commander deems it appropriate.
HOPE THIS HELPS
TOP aka WORF
CHECKOUT OUR YOUTUBE CHANNEL: Mentor Military https://www.youtube.com/channel/UCj0IXu7SmA2wLoPrNAUfSZA
YOUTUBE: Mentor Military https://www.youtube.com/channel/UCj0IXu7SmA2wLoPrNAUfSZA
TOP aka “WORF”
Can I receive corrective action before I am counseled?
Yes you can receive corrective action without being counseled. You should know why you are doing the corrective action. For specific information see our YouTube videos at:
Corrective Training Video 1: https://youtu.be/YJQ2r6o9J48
Corrective Training Video 2: https://youtu.be/aQ-E26CJ9O8
Please subscribe to our YouTube Channel: https://bit.ly/2FPymVa we cover a lot of subject not covered in doctrine or subject that Soldiers and Leaders don’t know about.
Hope this helps!
YOUTUBE: Mentor Military https://bit.ly/2FPymVa
If I had a Flag put on me for something I did and then a few weeks later got told I had a article 15 as well isn’t that double jeopardy? Can they do that?
Unfortunately yes they can. A flag is not punishment. The Article 15 is punishment. The flag stops certain administrative functions while your case is being evaluated.
What about getting a negative counseling, then denial of my pass and not given a comp day plus getting another non promotable counseling for 30 days and still got the same thing for the follow up (after 30 days) for the same offense? This offense was not showing up to work and my commander already decided that I dont need an article 15 for it because I have a valid reason and the punishment that theyre gonna give me is denial of my pass and comp day but my ncoic decided to give me a negative counseling and a non promotable counseling too.
What about a punishment that is “non-corrective” and UCMJ?
Example- a soldier gets a DUI and is punished by being told to stay after duty hours and clean the COF and then at a later date he gets extra duty?
Is that right?
This could be a violation of the UCMJ for imposing punishment before administering Article 15 proceedings.
If the Soldier was made to stay after duty hours and clean the COF because of the DUI, and then later was given an Article 15 for the DUI, then yes, his rights were violated. The issue I see is that normally, if a Soldier gets a DUI in the States, then the Army does not give an Article 15 for a DUI off-base because it could be considered double-jeopardy. If the DUI happens on base, then the punishment is at the discretion of the Command.
If overseas, then the punishment is normally left to the Command also. Without more details it would be hard to tell. However, if he did get an article 15 after punishment was imposed, (cleaning the COF), his defense attorney should be made aware. The Article 15 would be invalid. But again, without specifics, it can not be determined if a violation of the UCMJ occurred or not.
Please like us
If you think this site is useful, follow us, and sign up for our newsletter
Hope this helps! Did you find this information useful? We Appreciate your feedback!
Help Us Help please tell your peers, subordinates, and superiors. Also we are always looking for examples, classes, briefings, SOPs, templates and other information we can share for free in the ASKTOP.net Armsroom. Please help us help others by sending your ARMS ROOM stuff to: firstname.lastname@example.org
I was giving corrective training by one NCOs for being late to pt then right after another nco made me do corrective training for the same thing. Is that considered double jeopardy?
I was given a negative counseling for nothing UCMJ and after I signed a counseling, my SL tells me they’re taking my PCS award away, does this make sense? everyone else says it’s double jeopardy but what should I do?
Double Jeopardy is part of the criminal process. Counseling and Awards are administrative actions and therefore Double Jeopardy does not apply.
While traditionally Soldiers receive an award at the end of a tour there is no such thing as a PCS Award. However I do agree units frequently refer to these performance or service awards as PCS Awards. See AR 600-8-22 and your local Unit Award SOPs for specifics about award requirements
If the counseling was for something minor odds are your PCS award will not be impacted. If you are concerned about this you might consider requesting to see the Commander/1SG on open door policy.
Did you find this information useful? I appreciate your feedback!