Discussion
There appears to be a lot going on here, so let’s try and take it in stages. The event happened two months ago and no counseling was done. Now the counseling is being conducted (backdating the counseling statement) but they have the current date in the signature block.
ATP 6.22-1 paragraph 2-30 states: “counseling should be conduct as close to the event as possible.”
Questions to Consider
- Was it possible for the NCO to counsel you sooner?
- If so why did he wait until now?
- Was there a trigger event that caused the NCO to start this paperwork? If so what was it?
- Was the NCO directed to write the counseling?
- If so, by who and why?
The answers to these questions are important.
The Assessment Block
Assessment Block must be completed for an counseling statement to be considered complete. If this block is not complete the document is not complete and the defense can sometimes successfully argue this point.
Next: Consider Talk with the NCO
The NCO is not telling the truth. If you really are innocent and have nothing to hide volunteer to take a lie detector test (ok that’s a bit extreme). The key is you must find a way to get your chain of command to see that there is more to the story.
If the NCO did in fact lie then it will be very difficult for him to admit it to the 1SG and Commander but perhaps you can have an offline discussion with him and ask him to put himself in your position and consider your family and career. Would he want someone to do this to him? He can always go to the chain of command and explain that he mis-communicated the situation and made a mistake. Then state it would be unfair and unethical to continue to punish you. The likelihood of this working is small but you need to provide him the chance and ask him to be a professional.
Next, Consider Speak with your Commander/1SG or prepare a written statement
Whether you speak to the 1SG and Commander or Prepare a written statement, I would encourage you to do it with both of them present. The presentation must be one that is void of emotion, and is both factual and professional. You must also present a reasonable solution for them in how best to solve this issue. If you in fact made a mistake and that mistake was an honest one verses an unforgivable one ( see the following article: Honest Mistake or Unforgivable Sin)
It is easier for a command team to work through an issue with something other than an Article 15.
The best way to handle issues like this is to speak directly with your leaders at the same time. IAW with AR 27-10 the command should attempt to gather the basic information necessary to determine if an Article 15 hearing is appropriate. See the extract of AR 27-10 below
3–14. Preliminary inquiry
a. The commander of the alleged offender must ensure that the matter is investigated promptly and adequately. The investigation should provide the commander with sufficient information to make an appropriate disposition of the incident. The investigation should cover—
(1) Whether an offense was committed.
(2) Whether the Soldier was involved.
(3) The character and military record of the Soldier.
b. Usually the preliminary investigation is informal and consists of interviews with witnesses and/or review of police or other informative reports. If, after the preliminary inquiry, the commander determines, based on the evidence currently available, that the Soldier probably has committed an offense and that a nonjudicial punishment procedure is appropriate, the commander should (unless the case is to be referred to a superior commander (see para 3–5)) take action as set forth in this section.
This paragraph allows the commander to consider your character and military record in deciding whether to proceed with an Article 15.
If an Article 15 is unavoidable the next step is to ask appeal the decision to the next higher commander. If you have been treated unfairly the battalion commander is not emotionally involved and can make a decisions based on the facts. If you seek an appeal ask to speak with the BN commander personally or prepare a written statement.
Another option is to refuse the Article 15 and go for a Courts Martial.
If you do receive an the Article 15 ask that it be placed in your restricted record.
Last but not least I want you to sit understand that 99.9% of command teams do the best they can and have no desire to hurt individuals or their careers. They are making the best decisions they can given the situation and information they have. If you have failed to maintain standards or conducted yourself in an improper manner you need to take responsibility for it.
If you are in the right you need to put together every bit of information you can to prove your innocence and be prepared to appeal. In some cases a chain of command may be “OUT TO GET A SOLDIER” but this is so rare. When this happens it is usually easy for an external leader like the BN CDR to spot and the unfair treatment is usually evident in the paperwork used by the chain of command to hurt the Soldier. Again this is rare but does happen occasionally.
Your best course of action is to be calm and professional. Remember no one can do anything to you unless your provide the gun, the ammo, put the bullet in the gun, and help them pull the trigger. By this I mean if you are doing your job, have a good attitude, and Solid performance it is difficult to get in trouble.
Now with all of this stated I would encourage you to sit down and write up a sequence of events, your concerns, and your version of the story. Ensure this is factual, unemotional, and professional. Then make an appointment with JAG and discuss your concerns and get their recommendations. Once you have done this you will be in the best position to make a decision in how best to proceed.
Just remember at some point in the future you will be a leader responsible for recommending or administering UCMJ…learn from this event and use it to help your Soldiers be better Soldiers and citizens. Always try to solve the issue at the lowest possible level and always accept responsibility for your actions.
Related Posts
Please read the following Q&As
Can a leader backdate a counseling statement
Can my squad leader give me a backdated counseling statement
How do I tell my side of the story on a counseling statement:
For more information regarding counseling issues please go to Asktop.net and under subjects select counseling
