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Articles of the UCMJ


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Counseling for Dereliction of Duty

Purpose of Counseling

Article 92 - Failure to obey order or regulation and dereliction

Counseling for Dereliction of Duty. The purpose of this counseling is to make you understand this kind of behavior is immature, unacceptable and irresponsible.

Key Points of Discussion

During the night shift field exercise on 30 Nov 2018, SSG Moore and I had to look for you continually throughout the night, while your fellow battle buddies were working. SSG Moore and I had to continually ask everyone about your whereabouts. Your fellow battle buddies replied that they did not know where you were or had not seen you. During the night shift, SSG Moore told me that he caught you in the men's restroom on your phone walking around. Your actions (or lack of action) in looking after junior Soldiers are a direct violation of the trust we put in you as a Senior Specialist and Team Leader.

Your actions are a textbook example of dereliction of duty. A person is derelict in the performance of his duties when that person willfully or negligently fails to perform his duties or when that person performs them in a culpably inefficient manner. Your actions show a shameful disregard for your duties, your fellow Soldiers, and your responsibilities. When you fail to perform your duties you let everyone around you down. Your fellow battle buddies will have to, in addition to performing their own duties, pick up the slack on your work as well.

I am counseling you for the conduct noted above. If this conduct continues, UCMJ action or adverse administrative action such as a General Officer Memorandum of Reprimand (GOMOR), Bar to Reenlistment, Article 15 or other action may be taken to include action to separate you from the Army. If you are involuntarily separated, you could receive an Honorable Discharge, a General (Under Honorable Conditions) Discharge, or Under Other Than Honorable Conditions Discharge. An Honorable Discharge is a separation with honor based on the quality of service, which meets the standards of acceptable conduct and performance of duty. A General Discharge is a separation under honorable conditions, based on a military record being satisfactory but not sufficiently meritorious to warrant an Honorable Discharge. A discharge Under Other Than Honorable Conditions is based upon a pattern of behavior of one or more acts or omissions that constitutes a significant departure from the conduct expected of a soldier. If you receive an Honorable Discharge, you will be qualified for most benefits resulting from military service. If you receive a General Discharge, you will be disqualified from service for some period of time and you will be ineligible for some military and VA administered benefits, including the Montgomery GI Bill. If you receive a discharge Under Other Than Honorable Conditions, you will be ineligible for further service and for most benefits, including payments of accrued leave, transitional benefits, the Montgomery GI Bill, and possibly transportation of dependents and household goods to home. You may also face difficulty in obtaining civilian employment as employers have a low regard for General and Under Other Than Honorable conditions discharges. Although there are agencies to which you may apply to have your characterization of service changed, it is unlikely that such application will be successful.
_______ (Soldier's initials)

Plan of Action

Seek further action through Chain of Command.

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