Where can I find the clear cut duty restrictions on a senior NCO who is flagged and being chaptered out for a DUI 4 months ago?

CW2 Private RallyPoint Member — Wed, 10 Aug 2016 16:16:57 -0400

I am about to be the OIC in a staff position, which will be new to me, and will be in charge of a SFC who received a DUI about 4 months ago. He continues to get out of work because he says he's not allowed responsibilities due to being flagged and being chaptered. Instead he wants to play on his phone every day. Is there a reference I haven't found that states his duty restrictions? Thank You

Response by CPL Anthony Slaughter made Aug 10 at 2016 4:57 PM

CPL Anthony Slaughter — Wed, 10 Aug 2016 16:57:31 -0400

This guy sounds like my very first station commander when I was on recruiting duty. He was also a SFC, getting chaptered out for DUI's among other things, and his attitude became very unprofessional from that point on. Basically, your guy in question sounds like a clown who is just being all butt-hurt because he doesn't like his situation. All you can do is speed up the paperwork, my friend.

Response by MSG Private RallyPoint Member made Aug 10 at 2016 5:07 PM

MSG Private RallyPoint Member — Wed, 10 Aug 2016 17:07:15 -0400

probably not what you're looking for but ...

AR 600-20, 2–18. Noncommissioned officer support channel
d. NCO prerogatives and privileges are shown below. NCOs will—
(1) Function only in supervisory roles on work details and only as NCOs of the guard on guard duty, except when temporary personnel shortages require the NCO to actively participate in the work detail.
(2) Be granted such privileges as organization and senior commanders are capable of granting and consider proper to enhance the prestige of their enlisted troop leaders.

Response by MSG Pat Colby made Aug 10 at 2016 7:42 PM

MSG Pat Colby — Wed, 10 Aug 2016 19:42:12 -0400

Damn Chief. Sorry you have to deal with a turdball. Might be time to involve a CSM in the Chain. If at all possible, get that piece of shit away from you and your Command. You would do better off if he was out of your AO and sitting in the Post HQ's linking and unlinking paper clips..

Best of Luck, Sir!

Response by SGM Erik Marquez made Aug 11 at 2016 8:39 AM

SGM Erik Marquez — Thu, 11 Aug 2016 08:39:25 -0400

Flaged does not bring with it personal or duty restrictions. But those can be imposed by a commander for lack of trust, which a DUI does imply might be needed.
This is a commander's call if they want this SM to be in a full duty status, or limited in some way.. once that decision has been made, counsel the SM on his current responsibilities so there is no confusion of spoken word or he said she said. Ensure somewhere in that counseling session the SM is reminded, failure to follow lawful orders, or perform duties as directed is punishable under the UCMJ.
Reminding him he can get out with just that GOMAR and seperation, or as a SSG, SGT, SPC and a GOMAR with seperation, loss of benefits.

Response by SGT David T. made Aug 11 at 2016 9:17 AM

SGT David T. — Thu, 11 Aug 2016 09:17:45 -0400

Honestly, I wouldn't expect much if anything out of him. Can you make him do things? You can probably try, but once he is to that point it maybe more effort than it is worth. I had a Soldier like that who was being chaptered. Honestly, I didn't waste my time trying to get them to work. I just made sure they showed up and that was it. I would rather spend my energy on good Soldiers then wasting it on someone that is basically written off. I am not sure if this is the right way, but it is what I did.

Response by CPT Mark Gonzalez made Aug 11 at 2016 4:29 PM

CPT Mark Gonzalez — Thu, 11 Aug 2016 16:29:36 -0400

See if there are any underlying medical conditions you have to consider. If not you can call him SFC, and treat him like any other Soldier that needs to comply with orders. If the orders are lawful he will be required to execute. With that said, the guy has little to lose and will probably be an irritant, but you can decide how much time it is worth. Just make sure the juice is worth the squeeze. Also inquire about the discharge being sought. An OTH cannot sell their leave upon separation and those discharges once they come are very rapid.

Response by CW2 Private RallyPoint Member made Aug 12 at 2016 10:42 AM

CW2 Private RallyPoint Member — Fri, 12 Aug 2016 10:42:52 -0400

It looks like it's been handled for now. My acting Commander was saying just yesterday he wants him to start his appointments right away to get him out of the Army. I appreciate everyone's responses on how I should work with this Soldier until he is out. Only thing now is he was telling me how much money he is going to get as severance for involuntary separation which rubs me the wrong way since he received a DUI and is getting chaptered out. I may possibly be facing a medical board in the near future, and if I get relieved I will more than likely just get medically retired while he receives $80,000 for being chaptered out of the Army. I'm hoping I can finished my last 10 years but just the principle of how some things turn out. Thanks again though for the help!

Response by CW5 Private RallyPoint Member made Aug 12 at 2016 4:00 PM

CW5 Private RallyPoint Member — Fri, 12 Aug 2016 16:00:18 -0400

We used to call those guys R&U NCO or detailed to hand out towels and basketballs at the gym. Don't they do that anymore?