Short Answer
That Depends
Discussion
This situation is a little different because the Soldier is transferring due to a unit disbanding. AR 27-10 covers retention of Article 15’s. If the Soldier is an E-4 or below, then an Article 15 is not forwarded to HRC, it only stays in the local file for two years or until the Soldier PCS’s to a new GCMCA. The key issue here is the Soldier is probably staying in the same division, so the GCMCA (General Courts-Martial Convening Authority) will stay the same. Technically, the Soldier’s entire counseling packet could follow him to his new unit. Whether that happens or not is up to the unit and the OPORD that is directing the move.
However, even if the requirement for the documentation transfer is not in the OPORD, I am going to presume that other members of his unit, including NCO leadership, are going to transfer to the same Brigade. His past conduct will be known, whether the actual files transfer or not. I am sure the commander and 1SG are going to have a hand off with the gaining commander/1SG and discuss the Soldiers being transferred. This situation is a prime time for a Soldier who has had some issues to impress the new unit and overcome the past.
On the bottom front of the DA FORM 4856 it states: This form will be destroyed upon: reassignment (other than rehabilitative transfers), separation at ETS, or upon retirement.
I do not believe this is will not apply because this is a special situation in which a unit is shutting down. As previously mentioned regardless of a Soldier’s previous history this is the time to Shine and be a GREAT Soldier!
Items to Consider
Consider dicussing the matter with your CDR/1SG
You can discuss the matter with your local JAG Anonymously and get their legal opinion on the matter.
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