This is a common problem. Some Soldiers think that refusing to sign a counseling means they will not have to follow the plan of action. Or that they are admitting guilt by signing the document. There are a couple of ways to handle this.
Option 1: Write the phrase “Soldier refused to sign” in the closing section of the form. Date and initial the note.
Option 2: Ask an NCO of equal or higher rank to join the counseling session. Ask the Soldier to sign the form in front of the NCO. If the Soldier refuses, ask the NCO to enter a brief statement in the closing portion of the counseling as a third-party witness. Have the NCO date and sign the note. Example:
I observed PFC Doe refuse to sign this counseling statement. –SGT Mike Dough, 1100hours/5 Nov 10.
Either solution works, but the second option gives you the added credibility of a third-party witness should the Soldier attempt to deny the validity of the session at a later date.
Read The Mentor: Everything you need to know about leadership and counseling for more information about Counseling, Leadership, Corrective Training, and Separations in the Army.
Comments
SGT NICK
This is how it is suppose to work when a SM refuses to sign. The supervisor needs to have two witnesses sign and write in the Leader Responsibilities section “SM refuses to sign the counseling and is aware of the Plan of Action/Corrective Training”. Give the soldier a copy and if they refuse to do the corrective training anyway then write the recommend UCMJ one. The witnesses need to be senior NCO’s or the Platoon Leader just in case they have to write sworn statements later. Sometimes it is good to get the 1GT involved to give them one more final warning before they still make the decision not to sign the counseling. This gives you a lot of credibility and approval when the UCMJ one gets sent up.
jason Horton
what will happen after an incident like this occurs?
Mark Gerecht
If a Soldier refuses to sign, they refuse to sign. There’s nothing that can really happen. The chain of command cannot order a Soldier to sign. It is not in a Soldier’s best interest to refuse to sign. If a Soldier does not a agree they should disagree and rebut the counseling or the part of the counseling they disagree with. You might find the following Q&A helpful:
Can I order a Soldier to sign a DA Form 4856? http://asktop.net/q-and-a/can-i-force-a-soldier-to-sign-a-da-4856/
How do I tell my side of the story? http://asktop.net/q-and-a/how-do-i-tell-my-side-of-the-story-on-a-counseling-statement/