Counseling, Corrective Training,
and Article 15s
1st Armored Brigade Combat Team
Legal Office

MAJ Roman- Brigade Judge Advocate

CPT Firing – Brigade Trial Counsel

SFC Smith– Brigade Senior Paralegal

SGT Skeete – Brigade Paralegal NCO

PFC Polnett- Brigade Paralegal Specialist
References:
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FM 22-100
AR 27-10
AR 600-20
Manual for Courts-Martial
Counseling
Two types of Counseling:
1.
2.
Job Performance and
Professional Growth.
Event Oriented
Performance and Professional
Growth

This is like monthly
counseling. Its
purpose is evaluate a
Soldier’s performance,
whether it is good or
bad, and see how it
can be improved. It is
also used to advise
Soldiers about career
opportunities and
advancement.
Event Oriented

When you think of
Event Oriented
Counseling, you are
probably thinking
about bad events. This
type of counseling is
often used when
negative events occur
and a Soldier needs to
correct their behavior.
However, this type of
counseling can also
include positive events
such as promotions or
receiving an award.
Taking Counseling a Step
Further…………



The Good
The Bad
The Ugly
The Good

A good counseling should cover all the bases. It
should be free of spelling and grammatical errors.
Remember, you are not the only one to see the
counseling. If the counseling is regarding bad
behavior, the magic language MUST always be
included. In addition to making note of the
behavior, a good counseling should include a plan
of action and should also include a follow up on
the success of that plan of action.
MAGIC LANGUAGE

If this behavior continues, you may be recommended for
separation action IAW AR 635-200. If separated under Chapters
13 or 14 of AR 635-200, you could receive an honorable, general
or other than honorable discharge. If separated under Chapter 5,
you could receive an honorable or general discharge. Honorable
discharge is a separation with honor based on the quality of
service, which meets the standards of acceptable conduct and
performance of duty. 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 an administrative separation 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. A
less than honorable discharge could result in the loss of VA and
military related benefits (including G.I. Bill education documents),
hardship in obtaining other employment, or personal stigma. It is
also unlikely that you will be successful in any attempt to have the
character of your service changed to a more favorable
characterized.
DEVELOPMENTAL COUNSELING FORM
For use of this form see FM 22-100.
DATA REQUIRED BY THE PRIVACY ACT OF 1974
AUTHORITY: 5 USC 301, Departmental Regulations; 10 USC 3013, Secretary of the Army and E.O. 9397 (SSN)
PRINCIPAL PURPOSE: To assist leaders in conducting and recording counseling data pertaining to subordinates.
ROUTINE USES: For subordinate leader development IAW FM 22-100. Leaders should use this form as necessary.
DISCLOSURE: Disclosure is voluntary.
PART I - ADMINISTRATIVE DATA
Rank/Grade
Date of Counseling
PFC / E-3
20 March 2013
Name and Title of Counselor
Name (Last, First, MI)
STAR, Rising
Organization
HHC, 1ABCT, 4ID
Fort Carson, CO 80913
DOE, John, SFC, 1st Platoon Sergeant
PART II - BACKGROUND INFORMATION
Purpose of Counseling: (Leader states the reason for the counseling, e.g. Performance/Professional or Event-Oriented
counseling and includes the leaders facts and observations prior to the counseling):
 Document your excellent performance in the unit.
PART III - SUMMARY OF COUNSELING
Complete this section during or immediately subsequent to counseling.
Key Points of Discussion: PFC Star, you have been an outstanding soldier since the day you joined this unit. You have
volunteered to help your peers and asset in all the details that the unit has had. You have always upheld a perfect military
bearing. I am recommending you for a waiver for promotion to Specialist. Keep up the good work and you will be a NCO
in no time.
You are hereby counseled for the above indicated misconduct and/or unsatisfactory duty performance IAW Chapter 1, Paragraph 1-16, AR 635-200,
dated 1 November 2000. Continued behavior of this kind may result in initiation of separation action to eliminate you from the Army. If you are
separated for unsatisfactory performance, you could receive an Honorable or General Discharge. If you are separated for misconduct, you could receive
an Honorable, General, or Under Other Than Honorable Conditions Discharge. A General Discharge or Discharge Under Other Than Honorable
Conditions could severely prejudice you in civilian life. Additionally, a Discharge Under Other Than Honorable Conditions could deprive you of many
or all military and veteran’s benefits. Any further act of misconduct or unsatisfactory performance may cause you to be eliminated without further
counseling.
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, AUG 2010
PREVIOUS EDITION ARE OBSOLETE
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 specific time line for
implementation and assessment (Part IV below):
* Put in request for waiver to Specialist.
Session Closing: (The leader summarizes the key points of the session and checks if 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:
Signature of Individual Counseled: __________(Signature here)___________________ Date: _______(Date here)______
Leader Responsibilities: (Leader’s responsibilities in implementing the plan of action):
Signature of Counselor: _______________(Signature here)_____________________ Date: ___(Date here)___________
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):
Soldier got the waiver and was promoted.
Counselor: ___(Signed)___________
Individual Counseled:___(Signed)_______ Date of Assessment: _(Dated)_______
Note: Both the counselor and the individual counseled should retain a record of the counseling.
DEVELOPMENTAL COUNSELING FORM
For use of this form see FM 22-100.
DATA REQUIRED BY THE PRIVACY ACT OF 1974
AUTHORITY: 5 USC 301, Departmental Regulations; 10 USC 3013, Secretary of the Army and E.O. 9397 (SSN)
PRINCIPAL PURPOSE: To assist leaders in conducting and recording counseling data pertaining to subordinates.
ROUTINE USES: For subordinate leader development IAW FM 22-100. Leaders should use this form as necessary.
DISCLOSURE: Disclosure is voluntary.
PART I - ADMINISTRATIVE DATA
Rank/Grade
Date of Counseling
PFC/E-3
20 March 2008
Name and Title of Counselor
Name (Last, First, MI)
WRONG, Yu R.
Organization
HHC, 1ABCT, 4ID
Fort Carson, CO 80913
DOE, John, SFC, 1st Platoon Sergeant
PART II - BACKGROUND INFORMATION
Purpose of Counseling: (Leader states the reason for the counseling, e.g. Performance/Professional or Event-Oriented
counseling and includes the leaders facts and observations prior to the counseling):
Late for 0530 PT Formation in front of Bldg #2453.
Disrespect to Staff Sergeant Eye M. Right
PART III - SUMMARY OF COUNSELING
Complete this section during or immediately subsequent to counseling.
Key Points of Discussion:
PFC Yu R. Wrong, you were late for the 0530 PT Formation in front of Building #2453 on 11 January 2005. After
accountability Staff Sergeant Eye M. Right went you your room, Room #301 A, and knocked on your door. You opened
the door in just your civilian shorts and told Staff Sergeant Eye M. Right “What the fuck you want.” Staff Sergeant Eye M.
Right then reminded you that you were talking to a Noncommissioned Officer and you replied, “I don’t give a fuck, I am
going to bed.” This is not acceptable behavior. I am going to recommend to the commander to put you in for UCMJ
action.
You are hereby counseled for the above indicated misconduct and/or unsatisfactory duty performance IAW Chapter 1, Paragraph 1-16, AR 635-200,
dated 1 November 2000. Continued behavior of this kind may result in initiation of separation action to eliminate you from the Army. If you are
separated for unsatisfactory performance, you could receive an Honorable or General Discharge. If you are separated for misconduct, you could receive
an Honorable, General, or Under Other Than Honorable Conditions Discharge. A General Discharge or Discharge Under Other Than Honorable
Conditions could severely prejudice you in civilian life. Additionally, a Discharge Under Other Than Honorable Conditions could deprive you of many
or all military and veteran’s benefits. Any further act of misconduct or unsatisfactory performance may cause you to be eliminated without further
counseling.
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, AUG 2010
PREVIOUS EDITION ARE OBSOLETE
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 specific time line for
implementation and assessment (Part IV below):
I am going to recommend to the chain of command to give you UCMJ action.
Session Closing: (The leader summarizes the key points of the session and checks if 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:
Signature of Individual Counseled: ________(Signed)_________________________ Date: _____(Dated)_________
Leader Responsibilities: (Leader’s responsibilities in implementing the plan of action):
Signature of Counselor: ___________(Signed)______________________________ Date: ____(Dated)_____________
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):
Soldier received a Company Grade Article 15 resulting in reduction to E-2, forfeiture of 7 days pay, and restriction and
extra duty for 14 days each. Since the incident, PV2 Wrong has not had any further incidents and his attitude has improved
greatly.
Counselor: _____(Signed)__________ Individual Counseled:_(Signed)________ Date of Assessment: __(Dated)______
Note: Both the counselor and the individual counseled should retain a record of the counseling.
The Bad

A Bad counseling often does not point out
specifics regarding behavior or performance. It
can also include spelling and grammatical errors.
A bad counseling does not contain a plan to
correct behavior and does not follow up on a
Soldier’s progress. If someone else has a hard
time understanding the counseling, chances are it
needs some more work. The next slide is an
example.
DEVELOPMENTAL COUNSELING FORM
For use of this form see FM 22-100.
DATA REQUIRED BY THE PRIVACY ACT OF 1974
AUTHORITY: 5 USC 301, Departmental Regulations; 10 USC 3013, Secretary of the Army and E.O. 9397 (SSN)
PRINCIPAL PURPOSE: To assist leaders in conducting and recording counseling data pertaining to subordinates.
ROUTINE USES: For subordinate leader development IAW FM 22-100. Leaders should use this form as necessary.
DISCLOSURE: Disclosure is voluntary.
PART I - ADMINISTRATIVE DATA
Rank/Grade
Date of Counseling
SPC/E-3
31 FEB 04
Name and Title of Counselor
SSG ASSTON, SMARTEY, SECTION SERGEANT
Name (Last, First, MI)
O’Bagg, Dirt
Organization
HHC, 1ABCT, 4ID
PART II - BACKGROUND INFORMATION
Purpose of Counseling: (Leader states the reason for the counseling, e.g. Performance/Professional or Event-Oriented
counseling and includes the leaders facts and observations prior to the counseling):
Article 89 – Being disrespectful towards your senior NCO
Article 91 – Failure to obey order
Article 92-Underage drinking
Article 107- False official statements
Article 134 – Abusing public animal
PART III - SUMMARY OF COUNSELING
Complete this section during or immediately subsequent to counseling.
Key Points of Discussion:
On the evening after our Battery came back from “Joint Joints” exercise, you and PFC Drunking were seen down range at
the Hot Rabbit’s Tale Club. You have been told by CPT Brownose that no soldier will leave Camp Prison without his
approval before the unit’s equipment recovery is completed. Even more, I myself told you not to leave the Camp, which
you confirmed by nodding your head. That particular evening, 1SG Pathetickson was walking trough with our Battery
mascot – German Shepard Adolph, and heard you laughing and ordering hard liqueur drinks. When he entered, you
ignored him even though you recognized him. After he call your name more than five times, you turned around and asked
“What’s up, old man”? When he asked you what are you drinking, you stated that you just having a Coke, although he
could clearly see that you are holding entire half-empty bottle of Vodka in jour hand. He told you to get out of that place
immediately, and on your way out you kicked Adolph in the snout with your foot, causing an injury.
PV2 O’Bagg, you have violated every Article in the book. This will not be tolerated in my Army! You will be punished
and I will see to it personally!
You are hereby counseled for the above indicated misconduct and/or unsatisfactory duty performance IAW Chapter 1, Paragraph 1-16, AR 635-200,
dated 1 November 2000. Continued behavior of this kind may result in initiation of separation action to eliminate you from the Army. If you are
separated for unsatisfactory performance, you could receive an Honorable or General Discharge. If you are separated for misconduct, you could receive
an Honorable, General, or Under Other Than Honorable Conditions Discharge. A General Discharge or Discharge Under Other Than Honorable
Conditions could severely prejudice you in civilian life. Additionally, a Discharge Under Other Than Honorable Conditions could deprive you of many
or all military and veteran’s benefits. Any further act of misconduct or unsatisfactory performance may cause you to be eliminated without further
counseling.
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, AUG 2010
PREVIOUS EDITION ARE OBSOLETE
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 specific time line for
implementation and assessment (Part IV below):
I will give you an Article 15 and Chapter you out of the Army. You will be restricted to your barrack’s room, started
immediately. You will submit all your civilian clothes and I will guard it personally in my locker. PFC O’Bagg, think
about what you have done and how you disappointed your leadership, especially me. You should be ashamed of yourself.
Session Closing: (The leader summarizes the key points of the session and checks if 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:
Signature of Individual Counseled: _________________________________________ Date: _____________________
Leader Responsibilities: (Leader’s responsibilities in implementing the plan of action):
Signature of Counselor: _________________________________________________ Date: _______________________
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):
Counselor: ____________________ Individual Counseled:_________________ Date of Assessment: ______________
Note: Both the counselor and the individual counseled should retain a record of the counseling.
The Ugly

The Ugly counseling defies
description so instead, some
examples will be shown.
DEVELOPMENTAL COUNSELING FORM
For use of this form see FM 22-100.
DATA REQUIRED BY THE PRIVACY ACT OF 1974
AUTHORITY: 5 USC 301, Departmental Regulations; 10 USC 3013, Secretary of the Army and E.O. 9397 (SSN)
PRINCIPAL PURPOSE: To assist leaders in conducting and recording counseling data pertaining to subordinates.
ROUTINE USES: For subordinate leader development IAW FM 22-100. Leaders should use this form as necessary.
DISCLOSURE: Disclosure is voluntary.
PART I - ADMINISTRATIVE DATA
Rank/Grade
Social Security No.
Date of Counseling
PV2/E-3
March 08
Name and Title of Counselor
Name (Last, First, MI)
DIRT, BAG
Organization
HHC, 1ABCT, 4ID
SGT ME, your Squad Leader
PART II - BACKGROUND INFORMATION
Purpose of Counseling: (Leader states the reason for the counseling, e.g. Performance/Professional or Event-Oriented
counseling and includes the leaders facts and observations prior to the counseling):
You have disgraced the military with you horriable actions.
PART III - SUMMARY OF COUNSELING
Complete this section during or immediately subsequent to counseling.
Key Points of Discussion:
You have did wrong by your command. You’re horrid behavior brings discredit upon our unit and damage the Espirt
DeCorps. I am recommending UCMJ.
IAW AR 670-1 you are being counseled on bad behavior. You may get Chaptered. Deal with it.
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, AUG 2010
PREVIOUS EDITION ARE OBSOLETE
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 specific time line for
implementation and assessment (Part IV below):
You getting UCMJ
Session Closing: (The leader summarizes the key points of the session and checks if 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:
Signature of Individual Counseled: ________________________________________ Date: _____________________
Leader Responsibilities: (Leader’s responsibilities in implementing the plan of action):
Signature of Counselor: _______SGT Dirt Bag_____________________________ Date: ______12 Feb 05___________
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):
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)
Corrective Training

Corrective Training can be used in
conjunction with counseling to
correct deficient behavior.
WARNING!!!!!!!


CORRECTIVE TRAINING IS NOT
PUNISHMENT!!!!!
All Corrective Training should
correspond to the Soldiers
deficiencies.
Examples of Good Corrective
Training


A Soldier is late to formation so he is
required to report to all formations 20
minutes early.
A Soldier is disrespectful to his NCO so he
is required to write an essay on Respect.
Examples of Bad Corrective
Training


Soldier is caught fighting with another
Soldier so he is forced to clean the
barracks and paint the training room.
Soldier is in the wrong uniform for
formation so his pass privileges are
suspended.
When Corrective Training Doesn’t
Work, The Next Step is. . . . .
Article 15

Article 15 of the Uniform Code of
Military Justice Covers Nonjudicial
Punishment
What is Nonjudicial Punishment?

Nonjudicial Punishment is a quick
way of dealing with minor offenses
without leaving a Soldier with the
stigma of a Court-Martial.
Who Can Impose Nonjudicial
Punishment?

Nonjudicial Punishment can be imposed by
commanders. This means that “a
commissioned or warrant officer who, by
virtue of that officer’s grade and
assignment, exercises primary command
authority over a military organization or
prescribed territorial area, that under
pertinent official directives is recognized
as a command.” (AR 27-10, Chapter 3-7)
When Should Nonjudicial
Punishment Be Imposed?


Nonjudicial Punishment should be imposed
when a Soldier has shown that other
disposition would not lead to a correction
of their deficiencies.
When a Soldier does something more than
a very minor offense, Nonjudicial
Punishment should be considered. Also,
when a Soldier continuously commits
minor offenses and does not respond to
corrective training, Nonjudicial
Punishment should be considered.
What is needed for an Article 15
Packet?







Request Form signed by commander requesting the
Article 15
Enlisted Records Brief (Most updated)
DA Form 268-Flag for Adverse Action
Counseling Statements
MP Report (if applicable)
Sworn Statements signed by the Person Authorized
to administer the oath and the person making the
statement.
If the person making a sworn statement is the
person who is getting the Article 15, then they need
to be notified of their Article 31 rights and should
sign a DA Form 3881-Rights Warning
Procedure/Waiver Certificate.
What are Article 31 Rights?




The right to be informed of what
they are being accused.
The right to remain silent.
The right to know that any
statements they make can be used
against them in a trial by courtmartial.
The right to consult and/or have
counsel present during interrogation.
Ok, the Article 15 Packet is
completed. What are the different
types of Article 15s that my Soldier
can get?
There are three types:



1. Summarized
2. Company Grade
3. Field Grade
Summarized Article 15

Summarized Article 15s are the least severe form
of Article 15. They do not require an appointment
with TDS (Trial Defense Service) and the
maximum punishments that can be imposed are
Extra Duty and Restriction for up to 14 days
each. When an NCO gets a Summarized Article
15, it is not filed in their OMPF. Summarized
Article 15s, cannot be appealed, but they can be
refused. If a Summarized Article 15 is refused it
can be upgraded to a Company Grade, and if
refused again it can go to Court-Martial.
Extra Duty Soldier Hard at Work
Grateful that he only got Extra Duty
and Restriction
Company Grade Article 15

Company Grade Article 15s are more
severe than Summarized Article 15s. With
a Company Grade Article 15, a soldier
needs an appointment with TDS after he is
informed of the charges against him. Once
the soldier goes to TDS, he can decide
whether to accept the Article 15. Like the
Summarized Article 15, The Company
Grade Article 15 is imposed by the
Company/Battery/Troop Commander.
Company Grade Article 15
(contd)






The maximum punishments that can
be imposed on a Company Grade
Article 15 are as follows:
Admonition/Reprimand, and/or
Extra Duty for up to 14 days, and/or
Restriction for up to 14 days, and/or
Reduction of one grade (E-1 thru E4), and/or
Forfeiture of 7 days pay.
Before Company Grade Article 15
After Company Grade Article 15
Field Grade Article 15

A Field Grade Article 15 is the most
severe form of Article 15. It is just
like a Company Grade Article 15,
except it is imposed by a Field Grade
Commander (Battalion Commanders
and above) and the punishments are
more severe.
Field Grade Article 15
(contd)






The maximum punishments that can be imposed
on a Field Grade Article 15 are as follows:
Admonition/Reprimand, and/or
Extra Duty for up to 45 Days, and/or
Restriction not to exceed 45 days when combine
with Extra Duty, or 60 days without Extra Duty,
and/or
Reduction of one or more grades for E-1 thru E-4
and Reduction of one grade for E-5 & E-6, and/or
Forfeiture of ½ of 1 month pay for up to 2
months
Field Grade Article 15s are
SERIOUS BUSINESS!!!!!
More Information on Article 15s




The statue of limitations on an Article 15
is 2 years.
Article 15s are only kept by the Unit/JAG
office for 2 years or until the soldier PCSs,
whichever comes first.
Article 15s done on NCOs are kept in the
fiche of their OMPF for the length of their
career (When Commanders direct such)
Company and Field Grade Article 15s can
be appealed to the next higher
commander.
Supplementary Actions:
Suspensions, Mitigation,
Remission, and Setting Aside


Suspensions are when part or all of a
punishment is withheld from taking effect
unless future misconduct occurs resulting
in Vacation. Punishments can only be
suspended for a maximum of 180 days
with Company and Field Grade Article 15s
and 90 days with Summarized Article
15s.
Mitigation is a reduction in the quality or
quantity of a punishment while it’s general
nature remains the same.
Supplementary Actions:
Suspensions, Mitigation,
Remission, and Setting Aside
(cont’d)


Remission is when any portion of an unexecuted
punishment is cancelled.
Setting Aside is when any part or amount of the
punishments, executed or unexecuted, are set
aside and any property, privileges, or rights
affected by the portion of the punishment set
aside are restored.
Questions?