What do you do when a Soldier refuses to sign a counseling statement? Myth: Signing the counseling (DA Form 4856) states that the heading is correct as far as name, social security number, and that you have read the counseling. Fact: This is not the case with counseling. The signature on the NCOER as described in AR 623-3 is where this myth comes from. There are no regulations governing counseling; only the guidance found in FM 6-22.
There are two things to keep in mind when counseling: - Developmental counseling is subordinate-centered communication that produces a plan outlining actions that subordinates must take to achieve individual and organizational goals.The key word here is communication. Be an active listener!
- Your legacy and the Army's future rests on the shoulders of those you prepare for greater responsibility.
Counseling statements are not a form of punishment! Punishment is usually administiired under the provisions of an Artiicle 15. You should ensure your Soldiers understand this. The DA Form 4856 is simply the form the Army uses to record what happened, what was said, and what plan of action is. The "Agree" and "Disagree" blocks refers to the plan of action and that the subordinate understands it. Keep in mind that they still do not have to agree! They can understand the plan of action and still disagree with the counseling. There is a space provided for "Individual counseled remarks" under the "Agree/Disagree" blocks where the soldier can state why they disagree with the plan of action, information contained in the counseling, or any other remarks they wish to make. If they need more space they can put it on a "continuation page" like the one in Counsel Quick Vol. 1 or a separate blank piece of paper and "See Continuation Page" under the first part of their remarks in the DA Form 4856. If they disagree with the reason for the counseling or the plan of action, simply inform them that they do not have to agree with the counseling and that they will be provided an opportunity to document why they do not agree. In doing so the soldier will usually either re-evaluate their position (self-assessment) and end up agreeing with the counseling / plan of action or they will simply make their comments as to why they do not agree with the counseling. With this stated you need to ensure your counseling is fair and unbiased because if the soldier contests the counseling members of your chain of command will become involved in the process. By refusing to sign altogether, the soldier either believes that the counseling is unfair, they feel that they do not deserve it, or they are under the misconception that signing this counseling statement is an admission of guilt. If they refuse to sign due to stubbornness or ignorance, you have two options. - Have the next Soldier in the NCO Support Channel or Chain of Command counsel the Soldier and document the reasons the Soldier refused to sign the counseling.
- Have a witness (a disinterested person) come in and in the presence of the soldier (witness should be senior in grade to the soldier being counseled and a NCO) have the soldier state they refuse to sign the counseling. Then ask the witness write a statement in the Session closing portion of the form. An example statement might read: soldier refused to sign the counseling (witness) prints their name and initials their handwritten statement. This prevents the soldier from stating the counseling did not take place. You should also include a comment in the leader responsibility section clarifying what happened and what action(s) you took.
Last but not least a soldier that refuses to sign a counseling statement sets him/herself up for an unethical leader to write a counseling statement and simply write soldier refused to sign on the counseling form. Since the soldier has displayed a pattern of refusing to sign counselings, it becomes difficult for the soldier to argue his case. A wise soldier would simply disagree with the counseling and then write a comment about why they disagree.
Both methods above include getting someone from your NCO support channel or Chain of Command involved and this should be considered only as a last resort! |