It appears you have taken ownership of your previous mistakes. It is good that you have decided to change. That being said, the difficult part will be living with the consequences of your previous actions. You must recognize that you have a number of obstacles to overcome. That does not mean, however, that you should be treated unfairly or unprofessionally.
Is the counseling invalid because the SPC was not present for the majority of the month?
If the counseling statement only addressed issues for which the Specialist was present, then I would have to say the counseling is valid. You could make the argument that the counseling is not a complete picture of your monthly performance. With that said, there is nothing in writing that demands that the individual who conducts a counseling session must be the individual who observed the performance.
Also, consider the implications of being given a counseling statement written by someone who is not present. You have no ability to discuss the material or to ask questions of the counselor. This is an issue you should discuss with your chain of command. Counseling is a two-way process. I would advise you to keep a copy of this counseling statement (you are entitled to have a copy).
Does any regulation prohibit disrespect to a SPC?
Yes, disrespect applies to anyone who outranks you. However, article 15’s are rarely given for disrespecting a SPC–this is usually reserved for NCOs and above–unless the SPC is in a position of authority. AR 600-20 lays out the foundation for this policy but does not specifically call it out.
Does any regulation prohibit me from writing anything I want on a counseling?
You can write anything you want on your counseling statement. But you need to realize that you are responsible for it. If I saw “Whatever” written on a counseling statement I would likely take it as an act of disrespect. It could indicate a lack of discipline or an unwillingness to correct substandard behavior. These aren’t the reactions you want to provoke when you are trying to turn over a new leaf.
You have several options:
- Approach the SFC and/or CDR/1SG and tell them that you have had a change of heart and desire to become a better Soldier. Openly ask them to allow you some room to breathe so you can begin to rebuild. You may also have to convey the specific examples you cited in your question so they understand why you feel you are being treated unfairly.
- You could ask for a rehabilitative transfer to another unit within the Battalion on the grounds that you do not think you are getting a fair shake in your current unit.
- As a last resort you could approach the IG and ask for a rehabilitative transfer. However, the best place to find the answer is with the chain of command. It worked for you in the past: Article 15’s are not often overturned.
I only have half of the information, but my advice is to pursue a rehabilitative transfer. I suggest that you sit down and prepare a well-written statement that outlines the facts. Include the examples you have cited. Solicit statements or support from any witnesses who will back you up. This is your best chance to start over. Your counseling records will follow you to your new unit, but most units will give you the benefit of the doubt and allow you a relatively clean slate. Realize that this is probably your last chance. If you screw up at your new unit, they will likely separate you from service.
No matter which option you pursue, it is critical that you maintain absolute honesty and professionalism. Do not become emotional. Now is the time to check your smart mouth. If you sincerely want to be given another chance, then you have to perform and act like a professional Soldier. Remember that leaders usually get in trouble when the try to “get a Soldier” rather than handling the matter professionally. If you handle this situation in a professional manner, use the facts, tell the truth, and do not get emotional you have a good chance of being reassigned.
