No magic bullet and stating there will be a UCMJ recommendation for failure to comply on an event-oriented counseling ?

SSG Private RallyPoint Member — Fri, 26 Aug 2016 19:33:25 -0400

I've seen a lot of people who don't use the magic bullet on negative event-based counseling statements. Also some will always say, "any future infraction or failure to comply will come with a recommendation for UCMJ" isn't preemptive action/punishment illegal? Also, aren't we supposed to inform a soldier of their rights in negative counseling statements to make them valid?

Response by SSG Jeremy Sharp made Aug 26 at 2016 7:44 PM

SSG Jeremy Sharp — Fri, 26 Aug 2016 19:44:42 -0400

Article 32 rights would only apply if a soldier was being interviewed for investigation of the commission of a criminal offense not a counselling session which could lead to referral for UCMJ consideration for future infractions.

Response by SFC Randy Purham made Aug 26 at 2016 7:49 PM

SFC Randy Purham — Fri, 26 Aug 2016 19:49:31 -0400

Those are all optional items. Some JAG and TDS may require it. But look at it this way, do you counsel a soldier for a major infraction like murder or a DUI? That usually comes later if at all. If infractions are serious enough, the counseling can explain what the event/situation was and move forward with non-judicial punishment. I have seen a combination of these situations over the last 18 years.

Response by LTC Kevin B. made Aug 26 at 2016 7:51 PM

LTC Kevin B. — Fri, 26 Aug 2016 19:51:00 -0400

Would you please restate your main question? A more clear question will help you get better responses.

Response by SSG Private RallyPoint Member made Aug 26 at 2016 8:13 PM

SSG Private RallyPoint Member — Fri, 26 Aug 2016 20:13:09 -0400

Okay, that answers the magic bullet piece. On some counselings, like say showing up late, leaving a weapon in a barracks locker, or uniform infractions (females with out-of-regs hair, or men not shaving), I've seen some NCO's say that if it happens again actually on the counseling statement that the soldier will be recommended for UCMJ. One of my coworkers, a former AIT platoon sergeant, said that that is preemptive punishment/action and is not legal making the counseling null and void which seemed interesting to me (I'm also about give a NCOPD class on counseling and I thought this would be a good thing to throw in if it is true). However, I have not found the regulation on this.

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