Role of the NCO in Legal Actions SGT Nancy Rollins 1 SB Legal NCOIC 834-3119 (N) 242-6583 (S)

1. Role of the NCO in Legal Actions SGT Nancy Rollins 1 SB Legal NCOIC 834-3119 (N) 242-6583 (S) nancy.rollins@iraq.centcom.mil

2. Give NCOPD BOI on: NCO Authority What an NCO can do prior to UCMJ How to properly fill-out a DA Form 4856 How the ‘Assessment’ portion of a counseling is used Task / Outline

3. Standards will be IAW AR 600-20, AR 27-10, and FM 6-22. Standards

4. Deficiencies that are noticed and corrected right away Can be given anytime by anyone Useful tool for NCOs When correcting senior leaders, tact is important On-the-Spot Corrections

5. Useful tool for NCOs Extra training and corrective training are the same thing Authority to use it is part of the inherent powers of command When Soldiers need additional instruction or practice in a particular area If used in a timely and appropriate manner may fix deficiencies and eliminate the need for formal disciplinary measures Extra / Corrective Training

6. Do NOT use as punishment; this is not allowed, and will undermine the purpose of the training The NCO who prescribes the training needs to supervise May be taken after normal duty hours and should notify the Commander or 1SG Extra / Corrective Training

7. It’s required by regulation To inform Soldiers of the standards and expectations they must meet To identify the strengths, weaknesses, and goals of your Soldiers To set Plans of Action to improve Soldiers’ performance and to reach Soldiers’ goals Why Should You Counsel Soldiers?

8. Upon arrival to the unit or section Monthly for E4 and below; quarterly for E5 and above When Soldiers do something that is worth noting – positive or negative (e.g. maxing APFT or FTR to PT formation) When Soldiers are eligible for promotion When a life-altering event occurs (e.g. new baby, divorce, or death of family member) When there is a view toward any type of UCMJ action or Administrative Separation (Don’t forget AR 635-200, para. 1-16) When Should You Counsel Soldiers?

9. ‘Magic Words’ • AR 635-200, para. 1-16 • Used during a formal counseling session concerning noted deficiencies • If deficiency is minor, Soldier is given a reasonable amount of time to fix his/her behavior • If performance continues to be unsatisfactory, punishment under Article 15, UCMJ, or administrative separation UP AR 635-200, Chapter 5, 9, 11,13, 14, or 18 could follow

10. Must state: The 5 Ws (Who, What, When, Where, Why…and How) ‘Magic Words’ – i.e. AR 635-200, para. 1-16 The fix – e.g. extra/corrective training will be noted on the Plan of Action Negative Counseling

11. Pre-Chapter • Notify the Soldier in writing that he/she is being recommended for administrative separation • Cite the specific allegations on which the proposed action is based • Include the specific provisions of the AR authorizing separation (Magic Words)

12. Administrative Separations • AR 635-200 • CHAPTER 5-8 Parenthood • CHAPTER 5-13 Personality Disorder • CHAPTER 5-17 Other Physical or Mental Condition • CHAPTER 6 Dependency or Hardship • CHAPTER 8 Pregnancy • CHAPTER 9 Alcohol/Drug Rehab. Failure • CHAPTER 10 In Lieu of Court-Martial • CHAPTER 11 Entry level • CHAPTER 13 Unsatisfactory Performance • CHAPTER 14 Misconduct • CHAPTER 15 Homosexuality • CHAPTER 18 Overweight

13. Types of Discharge

14. Questions