Disrespect Toward an NCO Counseling

PART II - BACKGROUND INFORMATION

Purpose of Counseling

The purpose of this counseling is to formally record the actions of SPC Derrickson on 29 April 2013: insubordinate conduct toward an NCO.

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

Key Points of Discussion:

On 29 April 2013, during our weekly Team Chief meeting, Captain Norman gave our team several tasks to accomplish. I distributed these tasks to our team members and assigned you the task of coming up with a solution for the unstable bookshelf in the Red Phone room. You could reinforce the shelf or relocate it or come up with your own solution. When we were upstairs in the Red Phone room where I demonstrated what needed to be done, your response to me, after hearing the task, was "fuck you".

I don't know what motivated your response. Everyone in our workcenter from top to bottom has shown nothing but respect and consideration for you. If you have a problem with me or the tasking, you are free to discuss it and even question its purpose or practicality but you have no right to respond to me in that manner. I outrank you but that is immaterial. I am merely doing my duty by carrying out the orders of those above me and you are expected to do the same. I don't have to convince or persuade you to follow directions.

Your conduct is uncooperative, disrespectful and detrimental to good order and discipline and will not be tolerated.

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 similar nature may result in initiation of action to separate you from the U.S. Army under the provisions of Chapters (5), (8), (11), (13), or/and (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, JUN 99 EDITION OF JUN 85 IS OBSOLETE

Plan of Action:

This counseling statement will be filed in your records.
You will attend next Monday's Team Chief meeting at 0800 and take notes and distribute them to the Team Chiefs after the meeting.
Report to work at 0800 Saturday morning and complete the project you were assigned. Failure to report or failure to complete the project will result in immediate and more severe administrative action.

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)

To summarize, your insubordinate conduct, your refusal to cooperate or follow instructions, is unacceptable. Any further insubordination will result in more severe action.

Individual counseled: I agree / disagree with the information above

Individual counseled remarks:

I did not say fuck you or anything like that. I only said OK or something like that.

Signature of Individual Counseled: _ _ _ _ _ _ _ _ _ _ _ _ _ Date:_30 Apr 2013_

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

I will:

o unlock the building on Saturday to allow access by SPC Derrickson
o ensure SPC Derrickson attends the next Team Chief meeting on Monday
o monitor SPC Derrickson's conduct and performance and evaluate his suitability for military service.
o talk to the other Team Chiefs, inform them of this incident, and invite their input on the best course of action.

Signature of Counselor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _30 Apr 2013_

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)

SPC Derrickson completed the assigned project. He was transferred to another team shortly after the above incident and I do not have any direct interaction or contact with him. His uncooperative conduct does not appear to have changed and he continues to deliver the same lackluster performance. To avoid the appearance of bias, I am not taking any further action.

Counselor: _ _ _ _ _ _ _ _ _ _ _ _ _ Individual Counseled: _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _

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

DA FORM 4856-E (Reverse)
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