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  1. 1. Counseling to Lead
  3. 3. AR 600-20 Army Command Policy & Procedure AR 27-10 Military Justice FM 6-22 Army Leadership FM 27-1 Commander’s Legal Guide FM 7-22.7 NCO Guide DA PAM 350-58 Leader Development DA PAM 623-3 EVALUATION REPORTING SYSTEM DA PAM 600-25 U.S. ARMY NON- COMMISSIONED OFFICER PROFESSIONAL DEVELOPMENT GUIDE Department of The Army, Inspector General Counseling Guide, Sep 03
  4. 4. Developmental Counseling "Subordinate-centered communication that produces a plan outlining actions necessary for subordinates to achieve individual or organizational goals." (para 5-90, FM 22-100, Army Leadership, Aug 99 -revoked-) "Counseling is the process used by leaders to review with a subordinate the subordinate’s demonstrated performance and potential." (Para B-1, FM 6-22 Army Leadership, Oct 06)
  5. 5. Developmental Counseling "The best counseling is always looking forward. It does not dwell on the past and on what was done, rather on the future and what can be done better. Counseling at the end of the rating period is too late since there is no time to improve before evaluation." (Para C-2, DA PAM 623–3, Evaluations, Aug 07)
  7. 7. Adverse Counseling Examples Lost ID card/meal card (violation of Article 108) Missing formation (violation of Article 86) Failure to obey orders (violation of Article 92) Disobeying an order from an NCO (violation of Article 91) Lying (violation of Article 107) Not signing in as directed by an officer (soldier on restriction) (violation of Article 90) Disrespect to an NCO (violation of Article 91) Poor work performance (violation of Article 92)
  8. 8. Developmental Counseling Develop subordinates in order to: achieve organizational and individual goals Improve performance Solve problems
  9. 9. Steps to Counseling • Identify the need for counseling. • Prepare for counseling. • Conduct counseling. • Follow-up.
  10. 10. 1. Basic Soldier Information 2. Duty and Responsibility 3. Location of Quarters and Strip Map from Duty Location. 4. Physical Training data 5. Mandatory Training Status 6. Certificates of Training records 7. Counseling: a. Initial - Reception and Integration b. Developmental (monthly/Quarterly) c. Referral D. Promotion E. Separation
  11. 11. General Counseling Form DA 4856
  12. 12. PART I – ADMINISTRATIVE DATA Name Rank Date Organization Name of Counselor Guess What has changed? No Social Security Number
  13. 13. PART II – BACKGROUND INFORMATION List the Facts and Observations Fact: SM missed movement on 5 January at 0800 Fact: SM rescued three kittens from sewer Observation: SM has difficulty in working with staff Observation: Staff rely on SM to accomplish all administrative procedures and schedules
  15. 15. Magic Statement The following "magic" statement is required for any counseling that may result in further actions: Pursuant to paragraph 1-16, AR 635-200, this constitutes a formal counseling session concerning your noted deficiencies. You will be given a reasonable period of time to correct these deficiencies and to rehabilitate yourself into a productive, satisfactory soldier. If your performance and conduct continue to be unsatisfactory, you may receive punishment under Article 15, UCMJ (Uniform Code of Military Justice) or be processed for separation under the provisions of Chapter 5, 9, 11, 13, 14, or 18, AR 635-200. If you are processed for separation under the provisions of AR 635-200, you may receive a general discharge or other than honorable discharge. Each type of discharge may have serious consequences affecting civilian employment, veteran's benefits, or future service in the Armed Forces.
  16. 16. PART III – SUMMERY OF COUNSELING Plan of action Define what will be done to correct the behavior Set goals and gates and describe proof outline exact time and dates of tasks Explain how you will be present when the SM goes to referral agencies Decide together what can be done to fix the issue set realistic goals that are both agreed upon build a timeline list out the referral agents and define how to prove they are used
  17. 17. Terms Non-Judicial Punishment (Needs UCMJ) Extra Duty Non-Punitive Measures (Does not need UCMJ) Counseling Administrative Reprimands or Admonishments MOS Reclassification Denial of pass or other privileges Administrative Reduction in Grade Bar to Reenlistment Additional Training
  18. 18. Additional Training Know the difference between Measures and punishment. Unsure? Supervision must be local - do not entrust supervision to the SDO or NCO. Supervising your troop is your duty. Define Success Never leave it open-ended. Have a timeline, stick to it. Tie goes to the runner. Have a way to assess training success. Additional Training must be about task development not a punishment.
  20. 20. Commanders are the only ones who can revoke privileges… You can recommend or request - but you better have an appropriate counseling to back up the request.
  21. 21. THINGS THAT CAN BE REVOKED... BY COMMANDERS. Pass Civilian Clothing Personal Property Driving Privileges PX Commissary Alcohol MWR Off Post Living Visitation Tobacco Weapons Off Duty Employment Unit Sports
  22. 22. • To help resolve the problem or improve performance, determine the subordinate’s role in the situation and what the subordinate has done. • Draw conclusions based on more factors than the subordinate’s statement. • Try to understand what the subordinate says and feels; listen to what is said and how it is said • Display empathy when discussing the problem. • When asking questions, be sure the information is needed. • Keep the conversation open-ended and avoid interrupting. • Give the subordinate your full attention. GENERAL GUIDELINES:
  23. 23. •Be receptive to the subordinate’s emotions, without feeling responsible to save the subordinate from hurting. •Encourage the subordinate to take the initiative and to speak aloud. •Avoid interrogating. •Keep personal experiences out of the counseling session, unless you believe your experiences will really help. •Listen more and talk less. •Remain objective. •Avoid confirming a subordinate’s prejudices. •Help the subordinates help themselves. •Know what information to keep confidential and what to present to the chain of command, if necessary.
  24. 24. FOLLOW-UP
  25. 25. FOLLOW-UP •Tell them when the success or failure of the plan will be reviewed. •Explain that the SM does not have to be there when the assessment is done. •Give the SM an idea of the consequence to failure. •Describe the specifics of failure or success. •Not just that it worked or did not work. •List action taken due to failure. •List recommendations caused by success
  26. 26. References Reasons Way Means Review
  27. 27. • Use the plan of action and the assessment on the back of DA Form 4856, Developmental Counseling, to show lack of rehabilitation. • Put the commander's signature block in the plan of action block when placing a soldier on restriction or pulling pass privileges. • Always use the "magic" statement if the counseling will be used for further actions. • Identify specific Articles of the UCMJ violated, and organize the charges if the soldier's actions require a court martial. • Always give the Soldier a copy of DA Form 4856 at the end of the counseling session. This prevents the Soldier from claiming he did not understand the required corrective training.
  28. 28. AR 27-10 3–3. Relationship of nonjudicial punishment to nonpunitive measures (para 1g, part V, MCM, 2008) a. General. Nonjudicial punishment is imposed to correct misconduct in violation of the UCMJ. Such conduct may result from intentional disregard of, or failure to comply with, prescribed standards of military conduct. Nonpunitive measures usually deal with misconduct resulting from simple neglect, forgetfulness, laziness, inattention to instructions, sloppy habits, immaturity, difficulty in adjusting to disciplined military life, and similar deficiencies. These measures are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment. Included among nonpunitive measures are denial of pass or other privileges, counseling, administrative reduction in grade, administrative reprimands and admonitions, extra training (see AR 600–20), bar to reenlistment, and military occupational specialty (MOS) reclassification. Certain commanders may administratively reduce enlisted personnel for inefficiency and other reasons. This authority exists apart from any authority to punish misconduct under UCMJ, Art. 15. These two separate and distinct kinds of authority should not be confused. b. Reprimands and admonitions. (1) Commanding officers have authority to give admonitions or reprimands either as an administrative measure or as nonjudicial punishment. If imposed as a punitive measure under UCMJ, Art. 15, the procedure set forth in paragraph 4, Part V, MCM, 2008, and in section III of this chapter must be followed. (2) A written administrative admonition or reprimand will contain a statement that it has been imposed as an administrative measure and not as punishment under UCMJ, Art. 15 (see AR 600–37). Admonitions and reprimands imposed as punishment under UCMJ, Art. 15, whether administered orally or in writing (see para 5c(1), part V, MCM, 2008), should state clearly that they were imposed as punishment under that article. c. Extra training or instruction. One of the most effective nonpunitive measures available to a commander is extra training or instruction (see AR 600–20). It is used when a Soldier’s duty performance has been substandard or deficient; for example, a Soldier who fails to maintain proper attire may be required to attend classes on th e wearing of the uniform and stand inspection until the deficiency is corrected. The training or instruction must relate directly to the deficiency observed and must be oriented to correct that particular deficiency. Extra training or instruction may be conducted after duty hours.
  29. 29. AR 600-20 4–6. Exercising military authority a. Military authority is exercised promptly, firmly, courteously and fairly. Commanders should consider administrative corrective measures before deciding to impose nonjudicial punishment. Trial by court-martial is ordinarily inappropriate for minor offenses unless lesser forms of administering discipline would be ineffective (see MCM, Part V, and chap 3, AR 27–10). b. One of the most effective administrative corrective measures is extra training or instruction (including on-the-spot correction). For example, if Soldiers appear in an improper uniform, they are required to correct it immediately; if they do not maintain their housing area properly, they must correct the deficiency in a timely manner. If Soldiers have training deficiencies, they will be required to take extra training or instruction in subjects directly related to the shortcoming. (1) The training, instruction, or correction given to a Soldier to correct deficiencies must be directly related to the deficiency. It must be oriented to improving the Soldier’s performance in his or her problem area. Corrective measures may be taken after normal duty hours. Such measures assume the nature of training or instruction, not punishment. Corrective training should continue only until the training deficiency is overcome. Authority to use it is part of the inherent powers of command. (2) Care should be taken at all levels of command to ensure that training and instruction are not used in an oppressive manner to evade the procedural safeguards applying to imposing nonjudicial punishment. Deficiencies satisfactorily corrected by means of training and instruction will not be noted in the official records of the Soldiers concerned.