Violation of Article 78 Counseling


Purpose of Counseling

Event-Oriented: Violation of Article 78 (Accessory after the fact) of the Uniform Code Of Military Justice in that from 12 June to 15 June 14 you knowingly assisted SPC Smith in his efforts to conceal his crime and whereabouts.

Complete this section during or immediately subsequent to counseling.

In the course of investigating the absence of SPC Smith, it became apparent that you were aware of his whereabouts and the nature of his actions concerning SSG Jones. Knowingly aiding or abetting a person who has committed a criminal act is a crime. By engaging in such conduct, you aided in the commission of a crime and, in the opinion of those who must judge you, may be found to be as responsible as the person who committed it. Be advised that if found guilty of acting as an accessory after the fact, you will face non-judicial or punishment under the UCMJ, as appropriate. Your actions, lack of judgment, and disregard for your duties as a Soldier have brought dishonor upon yourself and damaged the reputation of our unit. After reviewing the circumstances, it is my responsibility as your supervisor, to recommend that the commander impose non-judicial punishment for your actions. Further misconduct will not be tolerated and will result in more serious punishment.

You are hereby counseled that if this type of conduct continues, actions may be initiated under the Uniform Code of Military Justice to separate you from the Army prior to your scheduled ETS date IAW AR 635-200. If you are involuntarily separated, you could receive an Honorable Discharge, a General Discharge, or a under Other Than Honorable Conditions Discharge. If you receive a discharge under Other Than Honorable Conditions, you will not be eligible for reenlistment and will lose many of your benefits, including all payments, the GI Bill, VA benefits, and you may face prejudice from civilian employers.

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  DA FORM 4856-E, JUN 99                         EDITION OF JUN 85 IS OBSOLETE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:

We will discuss the likely results of this type of action and the consequences that can be expected when a Soldier fails to act with integrity. I will explain the effect this kind of situation can have on a Soldier's career based on my previous experience and the experience of other NCOs in our unit.

We will also address ways to analyze situations and determine where to draw the line when it comes to relationships with peers who may be self-destructive.

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: The allegations stated above are true. I regret my actions and not disclosing what I knew about this situation and will make every attempt to regain the trust of my peers and superiors.

Signature of Individual Counseled: _ _ _ _ _ _ _ _ _ _ Date: _17 June 2014_

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

As your supervisor, I will make you aware of the negative and cumulative effects of being identified as a disciplinary problem. I will make every effort to help you put this episode behind us and reestablish your reputation as a Soldier and member of our platoon.

Signature of Counselor: _ _ _ _ _ _ _ _ _ _ Date: _17 June 2014_

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)

It has been six months and there have been no further breaches of trust. SPC Smith has become a key and trusted member of our platoon and promises to become an influential squad leader in the near future.

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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