Posted on Jul 15, 2020
Can Drilling Reservists be recommended for an Article 15?
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I have a Soldier who lied to our 1SG. This person was put on orders for annual training and lied saying that he didn't know he had orders. We have several texts to him saying he's on orders and when they start. He only answers messages when it is convenient to him. He only reaches out to us when he needs something.
I know it's not a failure to communicate, but he lied to a senior NCO. I have recommended Art. 15s while on active duty but I don't know if it is possible to do it in the Reserves.
Edit: I'm new to Rallypoint. So I didn't add all of the information because I didn't believe it was pertinent to the question that was asked.
Here's the rundown:
ECT was discussed and planned last year. After the pandemic hit, several things happened;
1. No more in person battle assemblies. All communication was done through email, phone and text. EMAIL= civilian AND military emails.
2. Battle assemblies began being held virtually. Meaning, either by phone or through a computer. I know not everyone has a computer or a smart phone. I made sure to gather the information necessary to find out what my Soldiers had available. Our unit has been very accommodating to those that don't have CAC access or computer access. This includes the Soldier in question.
3. ECT was changed to a virtual ECT. The unit put out that we could go to ECT or fill out a counseling saying we didn't want one. He did neither and was put on list to attend in May for attendance in July. In May, he was tracking that he was on the list for ECT. In June he was tracking that he was getting orders for ECT in June. I know he was tracking because he was very responsive on the app during our Virtual BAs.
4. When the orders were cut we notified everyone that they had orders. Either via email, text message, or phone calls. He didn't respond to those messages. His squad leader left voicemails, sent emails, I left voicemails, sent emails and text messages.
A week before ECT was supposed to start, a thread on the app we are using was started that clearly states "If you are on this message thread, you are on orders for ECT." He acknowledged on the thread.
Back to the issue at hand... I'm not trying to be a D. I'm not trying to screw the guy over. But I also don't want all of my other Soldiers, who are doing the right thing, to see this behavior and become encouraged by it. He's been in the Army for a while and knows better. He isn't a private. He's been counseled on communication before and he just doesn't care.
I know it's not a failure to communicate, but he lied to a senior NCO. I have recommended Art. 15s while on active duty but I don't know if it is possible to do it in the Reserves.
Edit: I'm new to Rallypoint. So I didn't add all of the information because I didn't believe it was pertinent to the question that was asked.
Here's the rundown:
ECT was discussed and planned last year. After the pandemic hit, several things happened;
1. No more in person battle assemblies. All communication was done through email, phone and text. EMAIL= civilian AND military emails.
2. Battle assemblies began being held virtually. Meaning, either by phone or through a computer. I know not everyone has a computer or a smart phone. I made sure to gather the information necessary to find out what my Soldiers had available. Our unit has been very accommodating to those that don't have CAC access or computer access. This includes the Soldier in question.
3. ECT was changed to a virtual ECT. The unit put out that we could go to ECT or fill out a counseling saying we didn't want one. He did neither and was put on list to attend in May for attendance in July. In May, he was tracking that he was on the list for ECT. In June he was tracking that he was getting orders for ECT in June. I know he was tracking because he was very responsive on the app during our Virtual BAs.
4. When the orders were cut we notified everyone that they had orders. Either via email, text message, or phone calls. He didn't respond to those messages. His squad leader left voicemails, sent emails, I left voicemails, sent emails and text messages.
A week before ECT was supposed to start, a thread on the app we are using was started that clearly states "If you are on this message thread, you are on orders for ECT." He acknowledged on the thread.
Back to the issue at hand... I'm not trying to be a D. I'm not trying to screw the guy over. But I also don't want all of my other Soldiers, who are doing the right thing, to see this behavior and become encouraged by it. He's been in the Army for a while and knows better. He isn't a private. He's been counseled on communication before and he just doesn't care.
Posted in these groups: 
UCMJ
UCMJ
Edited >1 y ago
Posted >1 y ago
Responses: 12
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As already stated, hell yes, I have seen Reservist receive UCMJ actions all the time, I have recommended UCMJ many times for those deserving. Just for S&G's what rank is this Soldier. As A Reservist it is HIS responsibility to maintain contact with the unit. In this day and age "I DIDN'T KNOW" will never work as AT's are discussed during the training year multiple times with all sorts of Prep. This troop chose a bad way to end his career. I had a few of those couldn't get the Soldier on the phone warnings about orders and our full timers sent him his orders with return receipt requested. He tried to dodge but he lost and was chaptered out.
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Yep it's possible, seen it happen for less. IMO it'll come down to how far the CDR wants to push it. I've seen CDRs sweep it under the rug so they didn't have to do paperwork and I've seen some read soldiers without hesitation
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SSG (Join to see)
I think that's the outcome I'm afraid of I recommend it, only to have the CDR sweep it under the rug.
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SSgt (Join to see)
SSG (Join to see) - It being swept under the rug is nothing to be concerned about. In the end it is the Commanders prerogative to carry out or not. You can always have a counseling statement prepared, if you still want to document it for future reference of misbehavior.
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SSG (Join to see)
SSgt (Join to see) yep. On my deployment last year I had enough paperwork on one of my NCOs that on AD she would've been standing in front of a LTC, but my CDR did nothing
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Technically yes a Soldier can get UCMJ in the reserves but I wouldn't have given UCMJ for that. A text message, while a valid way to check in, is lot a way to inform a Soldier they have orders etc.
The orders should have been sent to the Soldier 30 days in advance, certified mail, return receipt requested. If the Soldier then still didn't show up I'd have just recommended a chapter - which is doable providing you can prove they got the orders. This is of course, if you think the Soldier is a "problem child" who will claim they didn't get them.
The UCMJ isn't going to affect him. In order to really use it then I'd have to put him on orders to fulfill the "punishment". Chances are the Soldier will be a no-show for these orders to which wastes the full time staffs time and energy.
The orders should have been sent to the Soldier 30 days in advance, certified mail, return receipt requested. If the Soldier then still didn't show up I'd have just recommended a chapter - which is doable providing you can prove they got the orders. This is of course, if you think the Soldier is a "problem child" who will claim they didn't get them.
The UCMJ isn't going to affect him. In order to really use it then I'd have to put him on orders to fulfill the "punishment". Chances are the Soldier will be a no-show for these orders to which wastes the full time staffs time and energy.
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