Counseling Corrective Training and Article 15 s 1

Counseling, Corrective Training, and Article 15 s

1 st Armored Brigade Combat Team Legal Office n MAJ Roman- Brigade Judge Advocate n CPT Firing – Brigade Trial Counsel n SFC Smith– Brigade Senior Paralegal n SGT Skeete – Brigade Paralegal NCO n PFC Polnett- Brigade Paralegal Specialist

References: n n FM 22 -100 AR 27 -10 AR 600 -20 Manual for Courts-Martial

Counseling Two types of Counseling: 1. 2. Job Performance and Professional Growth. Event Oriented

Performance and Professional Growth n This is like monthly counseling. Its purpose is evaluate a Soldier’s performance, whether it is good or bad, and see how it can be improved. It is also used to advise Soldiers about career opportunities and advancement.

Event Oriented n When you think of Event Oriented Counseling, you are probably thinking about bad events. This type of counseling is often used when negative events occur and a Soldier needs to correct their behavior. However, this type of counseling can also include positive events such as promotions or receiving an award.

Taking Counseling a Step Further………… n n n The The Good Bad Ugly

The Good n A good counseling should cover all the bases. It should be free of spelling and grammatical errors. Remember, you are not the only one to see the counseling. If the counseling is regarding bad behavior, the magic language MUST always be included. In addition to making note of the behavior, a good counseling should include a plan of action and should also include a follow up on the success of that plan of action.

MAGIC LANGUAGE n If this behavior continues, you may be recommended for separation action IAW AR 635 -200. If separated under Chapters 13 or 14 of AR 635 -200, you could receive an honorable, general or other than honorable discharge. If separated under Chapter 5, you could receive an honorable or general discharge. Honorable discharge is a separation with honor based on the quality of service, which meets the standards of acceptable conduct and performance of duty. General discharge is a separation under honorable conditions, based on a military record being satisfactory, but not sufficiently meritorious to warrant an honorable discharge. A discharge under other than honorable conditions is an administrative separation based upon a pattern of behavior or one or more acts or omissions that constitutes a significant departure from the conduct expected of a soldier. A less than honorable discharge could result in the loss of VA and military related benefits (including G. I. Bill education documents), hardship in obtaining other employment, or personal stigma. It is also unlikely that you will be successful in any attempt to have the character of your service changed to a more favorable characterized.

The Bad n A Bad counseling often does not point out specifics regarding behavior or performance. It can also include spelling and grammatical errors. A bad counseling does not contain a plan to correct behavior and does not follow up on a Soldier’s progress. If someone else has a hard time understanding the counseling, chances are it needs some more work. The next slide is an example.

The Ugly n The Ugly counseling defies description so instead, some examples will be shown.

Corrective Training n Corrective Training can be used in conjunction with counseling to correct deficient behavior.

WARNING!!!!!!! n n CORRECTIVE TRAINING IS NOT PUNISHMENT!!!!! All Corrective Training should correspond to the Soldiers deficiencies.

Examples of Good Corrective Training n n A Soldier is late to formation so he is required to report to all formations 20 minutes early. A Soldier is disrespectful to his NCO so he is required to write an essay on Respect.

Examples of Bad Corrective Training n n Soldier is caught fighting with another Soldier so he is forced to clean the barracks and paint the training room. Soldier is in the wrong uniformation so his pass privileges are suspended.

When Corrective Training Doesn’t Work, The Next Step is. . .

Article 15 n Article 15 of the Uniform Code of Military Justice Covers Nonjudicial Punishment

What is Nonjudicial Punishment? n Nonjudicial Punishment is a quick way of dealing with minor offenses without leaving a Soldier with the stigma of a Court-Martial.

Who Can Impose Nonjudicial Punishment? n Nonjudicial Punishment can be imposed by commanders. This means that “a commissioned or warrant officer who, by virtue of that officer’s grade and assignment, exercises primary command authority over a military organization or prescribed territorial area, that under pertinent official directives is recognized as a command. ” (AR 27 -10, Chapter 3 -7)

When Should Nonjudicial Punishment Be Imposed? n n Nonjudicial Punishment should be imposed when a Soldier has shown that other disposition would not lead to a correction of their deficiencies. When a Soldier does something more than a very minor offense, Nonjudicial Punishment should be considered. Also, when a Soldier continuously commits minor offenses and does not respond to corrective training, Nonjudicial Punishment should be considered.

What is needed for an Article 15 Packet? n n n n Request Form signed by commander requesting the Article 15 Enlisted Records Brief (Most updated) DA Form 268 -Flag for Adverse Action Counseling Statements MP Report (if applicable) Sworn Statements signed by the Person Authorized to administer the oath and the person making the statement. If the person making a sworn statement is the person who is getting the Article 15, then they need to be notified of their Article 31 rights and should sign a DA Form 3881 -Rights Warning Procedure/Waiver Certificate.

What are Article 31 Rights? n n The right to be informed of what they are being accused. The right to remain silent. The right to know that any statements they make can be used against them in a trial by courtmartial. The right to consult and/or have counsel present during interrogation.

Ok, the Article 15 Packet is completed. What are the different types of Article 15 s that my Soldier can get? There are three types: n n n 1. 2. 3. Summarized Company Grade Field Grade

Summarized Article 15 n Summarized Article 15 s are the least severe form of Article 15. They do not require an appointment with TDS (Trial Defense Service) and the maximum punishments that can be imposed are Extra Duty and Restriction for up to 14 days each. When an NCO gets a Summarized Article 15, it is not filed in their OMPF. Summarized Article 15 s, cannot be appealed, but they can be refused. If a Summarized Article 15 is refused it can be upgraded to a Company Grade, and if refused again it can go to Court-Martial.

Extra Duty Soldier Hard at Work Grateful that he only got Extra Duty and Restriction

Company Grade Article 15 n Company Grade Article 15 s are more severe than Summarized Article 15 s. With a Company Grade Article 15, a soldier needs an appointment with TDS after he is informed of the charges against him. Once the soldier goes to TDS, he can decide whether to accept the Article 15. Like the Summarized Article 15, The Company Grade Article 15 is imposed by the Company/Battery/Troop Commander.

Company Grade Article 15 (contd) n n n The maximum punishments that can be imposed on a Company Grade Article 15 are as follows: Admonition/Reprimand, and/or Extra Duty for up to 14 days, and/or Restriction for up to 14 days, and/or Reduction of one grade (E-1 thru E 4), and/or Forfeiture of 7 days pay.

Before Company Grade Article 15 After Company Grade Article 15

Field Grade Article 15 n A Field Grade Article 15 is the most severe form of Article 15. It is just like a Company Grade Article 15, except it is imposed by a Field Grade Commander (Battalion Commanders and above) and the punishments are more severe.

Field Grade Article 15 (contd) n n n The maximum punishments that can be imposed on a Field Grade Article 15 are as follows: Admonition/Reprimand, and/or Extra Duty for up to 45 Days, and/or Restriction not to exceed 45 days when combine with Extra Duty, or 60 days without Extra Duty, and/or Reduction of one or more grades for E-1 thru E-4 and Reduction of one grade for E-5 & E-6, and/or Forfeiture of ½ of 1 month pay for up to 2 months

Field Grade Article 15 s are SERIOUS BUSINESS!!!!!

More Information on Article 15 s n n The statue of limitations on an Article 15 is 2 years. Article 15 s are only kept by the Unit/JAG office for 2 years or until the soldier PCSs, whichever comes first. Article 15 s done on NCOs are kept in the fiche of their OMPF for the length of their career (When Commanders direct such) Company and Field Grade Article 15 s can be appealed to the next higher commander.

Supplementary Actions: Suspensions, Mitigation, Remission, and Setting Aside n n Suspensions are when part or all of a punishment is withheld from taking effect unless future misconduct occurs resulting in Vacation. Punishments can only be suspended for a maximum of 180 days with Company and Field Grade Article 15 s and 90 days with Summarized Article 15 s. Mitigation is a reduction in the quality or quantity of a punishment while it’s general nature remains the same.

Supplementary Actions: Suspensions, Mitigation, Remission, and Setting Aside (cont’d) n n Remission is when any portion of an unexecuted punishment is cancelled. Setting Aside is when any part or amount of the punishments, executed or unexecuted, are set aside and any property, privileges, or rights affected by the portion of the punishment set aside are restored.

Questions?