Can Drilling Reservists be recommended for an Article 15?

SSG Private RallyPoint Member — Wed, 15 Jul 2020 11:12:12 -0400

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.

Response by SSG Private RallyPoint Member made Jul 15 at 2020 12:55 PM

SSG Private RallyPoint Member — Wed, 15 Jul 2020 12:55:26 -0400

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

Response by CAPT Kevin B. made Jul 15 at 2020 1:19 PM

CAPT Kevin B. — Wed, 15 Jul 2020 13:19:34 -0400

When I was skippering, I meted out some NJPs for missing orders and other things which tended to demonstrate the Reservist was more of a hazard than a help. Most were blase' about their participation, hence were typically on the slide down to separation. I worked to ensure it was a steep slide that was over with quickly so we could move on. Improved morale overall. I'd average 1-2 a year. Back then there was money to fly people to drills, which in many cases the IDTT cost more than the salary. There was little tolerance for lazy.

Response by SSgt Christophe Murphy made Jul 15 at 2020 1:38 PM

SSgt Christophe Murphy — Wed, 15 Jul 2020 13:38:02 -0400

Yes. Drilling reservists and Guard members are subject to the UCMJ while on orders.

Response by MSgt Private RallyPoint Member made Jul 15 at 2020 2:18 PM

MSgt Private RallyPoint Member — Wed, 15 Jul 2020 14:18:13 -0400

You communicated with your soldier via text message ONLY and didn’t get confirmation from him that he was getting the messages? Are you 100% sure he got the messages? I know based on the privacy settings on my phone I occasionally don’t get messages from people on other carriers. Also, what if the soldier’s phone was disconnected broken while you were attempting to text? Are you 100% sure the soldier is lying? You are ready to screw this guy’s career based on a text he may of may not have gotten? WTF? Make a better attempt at communication in the future! Be professional. Texts are not a professional form of communication.

Response by CPT Private RallyPoint Member made Jul 15 at 2020 4:05 PM

CPT Private RallyPoint Member — Wed, 15 Jul 2020 16:05:55 -0400

SSG Private RallyPoint Member - The problem is that those forms of communication don't show a confirmation that the Soldier received the message. If he/she never replied and you never had a written or verbal confirmation, they will be able to avoid trouble by stating they never received the message. There is nothing wrong with using all forms of communication to put out information, but you MUST get a confirmation. I also don't know what your timeline was like, but they probably should have been notified in person and with a memorandum (or their orders) at their last drill (and actually really even before that). It's going to be very difficult to give an Article 15 to a Soldier when someone put them on orders last minute and never got confirmation that they received the order... unless they admit that they just blew it off.

In all actuality, you are most likely correct, and they are a turd. But being able to prove it is another matter.

Response by MSgt Michael Bischoff made Jul 15 at 2020 4:12 PM

MSgt Michael Bischoff — Wed, 15 Jul 2020 16:12:34 -0400

yup

Response by SPC Marvin Darling made Jul 15 at 2020 5:04 PM

SPC Marvin Darling — Wed, 15 Jul 2020 17:04:12 -0400

I'd say yes, If you are on contract in Active Duty, Reserve or National Guard you are still held to UCMJ. I'm sure there isn't a separation of the UCMJ to differing off shoots of the Army.

Response by MSG Lance Kelly made Jul 15 at 2020 7:14 PM

MSG Lance Kelly — Wed, 15 Jul 2020 19:14:13 -0400

Yes, they can be recommended for an Article 15; however it becomes tricky because of their status as a TPU Soldier. Loss of rank isn't an issue, it's pay and extra duty that have to be figured out. Talk to your JAG about options. Good advice going forward is to send orders by certified, return receipt mail. This gives you either a signed receipt that they got it or failed to deliver/forward. That covers you because you have attempted to reach them. You also must insure you give ample time to respond. You don't want to send notification today when they are supposed to be on duty this weekend. If the mail comes back unclaimed you have time to reach out to the Soldier in other ways to show your attempts. Document everything. Every phone call, text, mail, home visit should be documented. Also as SSG Stryker mentioned, the magic bullet is a key in counciling statements. When you council a Soldier for a negative action this statement says if this or similar action continues they are subject to UCMJ. This lets them know. If you don't have that statement get with JAG, if you have it you can also confirm with them that it is the correct language. JAG is your friend, seek them out.

Response by 1SG Dennis Hicks made Jul 15 at 2020 7:26 PM

1SG Dennis Hicks — Wed, 15 Jul 2020 19:26:20 -0400

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.

Response by SSG Brian G. made Jul 15 at 2020 7:41 PM

SSG Brian G. — Wed, 15 Jul 2020 19:41:45 -0400

Yes, any SM can be referred for Article 15.

It's a bad call to send things like notifications for orders via text. Those can easily be denied as being seen. Instead send them by certified mail, phone them or give them in person to the person at that UTA as AT is scheduled well in advance.

Response by CPT Catherine R. made Jul 15 at 2020 11:08 PM

CPT Catherine R. — Wed, 15 Jul 2020 23:08:40 -0400

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.

Response by CPL Michael Sanders made Jul 16 at 2020 12:13 PM

CPL Michael Sanders — Thu, 16 Jul 2020 12:13:42 -0400

Yes a drilling soldier can get an article 15