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Failure to Report Counseling - DA 4856 Example

PART II - BACKGROUND INFORMATION

  Purpose of Counseling

4/20/2014. This counseling is event oriented. You were in violation of Article 86—Absence without leave. You committed the following offense:

"Any member of the armed forces who, without authority—

(1) fails to go to his appointed place of duty at the time prescribed;
In that SGT Parker, Wayne 123-45-6789, having actual knowledge of Charlie Battery's 0800 formation at building number 1566 on Fort Stewart, GA, was absent from the formation and failed to go to his appointed place of duty at the time prescribed.


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

4/20/2014. SGT Parker, you were in violation of Article 86 as stated above.

(1) Failure to go to appointed place of duty.
(a) That a certain authority appointed a certain time and place of duty for the accused;
(b) That the accused knew of that time and place; and
(c) That the accused, without authority, failed to go to the appointed place of duty at the time prescribed.

(1) In general. This article is designed to cover every case not elsewhere provided for in which any member of the armed forces is, through the member’s own fault, not at the place where the member is required to be at a prescribed time. It is not necessary that the person be absent entirely from military jurisdiction and control. The first part of this article—relating to the appointed place of duty—applies whether the place is appointed as a rendezvous for several or for one only.
(2) Actual knowledge. The offenses of failure to go to and going from appointed place of duty require proof that the accused actually knew of the appointed time and place of duty. The offense of absence from unit, organization, or place of duty with intent to avoid maneuvers or field exercises requires proof that the accused actually knew that the absence would occur during a part of a period of maneuvers or field exercises. Actual knowledge may be proved by circumstantial evidence.
(3) Intent. Specific intent is not an element of unauthorized absence. Specific intent is an element for certain aggravated unauthorized absences.

Maximum punishment.
(1) Failing to go to, or going from, the appointed place of duty.
Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
(2) Absence from unit, organization, or other place of duty.
For not more than 3 days. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

4/20/2014. SGT Parker, I am counseling you for the conduct noted above. If this conduct continues, action may be initiated to separate you from the Army under AR 635-200. If you are involuntarily separated, you could receive an Honorable discharge, a General (Under Honorable Conditions) discharge, or an 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 or one or more acts or omissions that constitutes a significant departure from the conduct expected of a soldier. An Honorable discharge may be awarded under any provision. A General discharge may be awarded for separation under Chapter 5, Chapter 9, Chapter 13 (unsatisfactory performance) and Chapter 14 (misconduct). An Under Other Than Honorable Conditions discharge may be awarded for separation under Chapter 14 for misconduct. If you receive an Honorable discharge, you will be qualified for most benefits resulting from military service. An involuntary Honorable discharge, however, will disqualify you from reenlistment for some period of time and may disqualify you from receiving transitional benefits (e.g. commissary, housing, and Health benefits) and the Montgomery G.I.Bill. If you receive an Under Other Than Honorable Conditions discharge, you will be ineligible for reenlistment and for most benefits, including payment for accrued leave, transitional benefits, the Montgomery G.I.Bill and possible 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 the character of your discharge changed, it us unlikely that any such application will be successful.


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
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  Plan of Action:


SGT Parker, for your corrective training, you will complete a 1,000-word report in Army memorandum format on the following topics:

- the importance of good order and discipline and personnel accountability

- how not following orders affects unit readiness

- the consequences of not being at the required place at the required time

Support all statements with appropriate and accurate military references (i.e. ARs, FMs, etc.). This typed report is due to me no later than 0800 25 April 2014. After your corrective training, we will review:

Short-term goal: Be at the appointed place of duty at the time prescribed and take the authority and responsibility given you seriously. You are responsible for the welfare and lives of soldiers just as those appointed over you are responsible for you. Do the right thing and SET THE EXAMPLE as an NCO.

Long-term goal: Train soldiers on the importance of responsibility and integrity by demonstrating those traits yourself.







  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)

Individual counseled:       I agree / disagree with the information above

Individual counseled remarks:


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Signature of Individual Counseled: ____________________________________ Date: ___21 Apr 2014__

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

It is my responsibility to ensure that you understand the importance of being at your appointed place of duty at the time prescribed and that I enforce Army standards and regulations. I will assist you in doing the same for our soldiers.


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Signature of Counselor: ____________________________________ Date: ___21 Apr 2014__

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)

SGT Parker has not been late for duty since the above counseling and is setting the example on the importance of personal accountability for his peers and Soldiers.




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)                    
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