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Articles of the UCMJ

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Insubordinate Conduct/Failure to Follow Orders

Purpose of Counseling:

(Leader states the reason for the counseling, e.g. Performance/Professional or Event-Oriented counseling, and includes the leader's facts and observations prior to the counseling.)


Event-Oriented

o Violation of Article 86 of the UCMJ - Failure to be at Appointed Place of Duty

o Violation of Article 91 of the UCMJ - Insubordinate Conduct Toward a Warrant or Non-Commissioned Officer

o Violation of Article 92 of the UCMJ - Failure to Obey Order or Regulation


Key Points of Discussion:

SPC W, on 20180215 at approximately 0800 hours I informed you that you that you were to go clean the M240B located at Location A. I informed you that you were to clean the M240B during the entire duration of 2nd Platoons shift which ends at 1500 hours. This corrective action was a result of your disrespect to SGT I a week prior when you told him "I'm not cleaning this weapon because I am off shift." I was informed by SSG S that SGT I came to him and told him that you left the Location X at approximately 1100 hours. This conduct is in violation of Article 86 and Article 92 of the Uniformed Code of Military Justice. Failure to be at your appointed place of duty is a serious issue as it becomes an accountability issue. Should the FOB have taken incoming during this time, we would not have known where you were as you took it upon yourself to leave your appointed place of duty.

SPC W, upon informing you of where you were to be and for how long, you got an attitude with me and stated that you would not have any time for sleep since you were to clean the M240B until 1500 hours. I informed you that you would still be able to get approximately 7 hours of sleep before shift, which you report to at 2215 in order to conduct appropriate shift changeover. You continued to attempt to argue with me for approximately 5 to 10 minutes and stated you would rather take a counseling than lose your free time. At this point, you were directed to head down to the LPWS compound and clean the M240B. This conduct is a violation of Article 91 of the Uniformed Code of Military Justice which covers Insubordinate Conduct. 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.

I am counseling you for the conduct noted above. If this conduct continues, action may be initiated to separate you from the Army IAW AR 635-200. If you are involuntary 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 of one or more acts or omissions that constitutes a significant departure from the conduct expected of a soldier. A General Discharge may be awarded for separation under Chapter 5, Chapter 9, Chapter 13 and Chapter 14. 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, health benefits) and the Montgomery GI Bill if you have not met other program requirements. If you receive a General Discharge, you will be disqualified from reenlisting in the 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 reenlistment 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 initial)


Plan of Action

(Outlines actions that the subordinate will do after the counseling session to reach the agreed upon goal(s). The actions must be specific enough to modify or maintain the subordinate's behavior and include a specified time line for implementation and assessment (Part IV below).

o SPC W, during your off time and only your off time you will report to the TOC and type a 1500 word original essay on the Importance of Following Orders given to you by the Non-Commissioned Officers and Officers appointed above you. You will research and use the appropriate regulations to write your essay. The essay will be in your own words and all quotations from the reference, properly referenced in your essay. You will use Times New Roman, 12 point font, and double spaced. You will sign a DA Form 2062 in order to sign for my Common Access Card so that you can access my desktop. Your essay will be turned into me in hard copy and emailed to me NLT 2100 hours on 20180218.

o SPC W, you will prepare a class on "What Makes an Effective Army Leader" and present it to the Platoon on 20180220 at 0745 hours. You will present this as a Power Point and no less than 20 slides. You will use AR 600-20 Chapter 4 and ADP/ADRP 6-22 as references to make your class.

o SPC W, you will report to me every two hours on the hour during the times that you are off shift. During shift, you will report up to the TOC via TOCNET every hour on the hour. You will report in this manner until 20180301 at the completion of shift.





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