Disrespect Toward an NCO

PART II - BACKGROUND INFORMATION

Purpose of Counseling:

The purpose of this counseling is to document your violation of UCMJ Article 91, insubordinate conduct toward a Warrant Officer or NCO. On 22 Dec 10, MSG Adams told you to make sure you cleaned up the break area before you went home for the day. When he turned his back, you made an obscene gesture to him in front of all the other members present. He was unaware of your actions but SSG Butler witnessed it and reported it to me.

PART III - SUMMARY OF COUNSELING
Complete this section during or immediately subsequent to counseling.

Key Points of Discussion:

I am concerned about your attitude toward your peers and superiors. Although it has not been serious enough to address until now, I have noticed a trend of insubordinate behavior on your part . In the Army, it is critical that we all work together as a team. As Soldiers we must have maturity and a mutual respect for each other and the chain of command. We must all be willing to do our part to accomplish the mission. Your conduct has been detrimental to unit morale and the discipline of this organization.

Disrespect toward a Noncommissioned Officer is a crime under the UCMJ and will not be tolerated. If you continue to demonstrate this kind of behavior, I can only assume that you and military service are incompatible and I will take the actions necessary to either correct your behavior or separate you from the military.

This counseling statement has been furnished to you, not as a punitive measure under the provisions of article 15, UCMJ, but as an administrative measure to stress that continued behavior of the same or a similar nature may result in initiation of action separating you from the U.S. Army under the provisions of Chapter (5) (8) (11) (13) (14) , AR 635-200. Such action may result in either an Honorable Discharge, General Discharge, or an Other Than Honorable (OTH) Discharge. If you receive a General or an OTH Discharge, this could result in the possible loss of some or all Veterans Benefits and substantial prejudice in obtaining civilian employment. In addition, if you have contributed money to the Montgomery G.I. Bill and you are released from active duty with a less than Honorable Discharge, you will not be eligible to receive money for educational purposes and any money already contributed for educational purposes is nonrefundable and may be forfeited.

OTHER INSTRUCTIONS

This form will be destroyed upon: reassignment (other than rehabilitative transfers), separation at ETS, or upon retirement. For separation requirements and notification of loss of benefits/consequences see local directives and AR 635-200.

DA FORM 4856-E

Plan of Action:

You will report for extra duty this Saturday. Report to SFC Smith at 0800 and work until he releases you.
Report to the First Sergeant's office on 27 Dec at 1500. At that time, you and I and the First Sergeant will discuss the possible consequences of your actions.

Session Closing: (The leader summarizes the key points of the session and checks to ensure the subordinate understands the plan of action. The subordinate agrees/disagrees and provides remarks if appropriate)

We have to work together as a team; otherwise we, as a unit, are ineffective. If there is anything bothering you such as an improper relationship in the workcenter or a personality conflict that you can't work around, we need to talk about it and identify the problem. It is my hope that counseling outside our workcenter (with MSG Gonzalez) will help put these issues in a new light and enable you to focus on a solution. If I can be of any help, please let me know.
On the flip side of this issue, disrespect toward an NCO cannot be tolerated. It is absolutely unacceptable and must have consequences. You will report to SFC Smith for extra duty this Saturday at 0800.
We have an appointment with the First Sergeant on 27 Dec at 1500 to discuss this issue further.
Individual counseled: I agree / disagree with the information above

Individual counseled remarks:

Signature of Individual Counseled: _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _

Leader Responsibilities: (Leader's responsibilities in implementing the plan of action)

I will coordinate with the First Sergeant and the Commander to determine the best course of action. I will monitor behavior and performance. I will be available for counseling at any time.

Signature of Counselor: _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _

PART IV - ASSESSMENT OF THE PLAN OF ACTION

Assessment: (Did the plan of action achieve the desired results? This section is completed by both the leader and the individual counseled and provides useful information for follow-up counseling)

Soldier now understands and recognizes the unintended consequences of candid, spontaneous, and inappropriate behavior and has demonstrated an unexpected resolve in overcoming this tendency to speak out of turn or with undue familiarity. He continues to be a productive member of our team and his objectivity in this matter serves as an example to his peers.

Counselor: _ _ _ _ _ _ _ _ _ _ _ _ Individual Counseled: _ _ _ _ _ _ _ _ _ _ _ _ Date of Assessment: _ _ _ _ _ _

Note: Both the counselor and the individual counseled should retain a record of the counseling.

DA FORM 4856-E (Reverse)