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Soldier Refuses to Sign Counseling
Monday, 12 April 2004

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 been read the counseling.

Fact: This is not the case with counseling. The signature on the NCOER as described in AR 623-205 paragraph 3-8 is where this myth comes from. There are no regulations governing counseling; only the guidance found in FM 22-100.

There are two things to keep in mind when counseling:

  1. Developmental counseling is subordinate-centered communication that produces a plan outlining actions that subordinates must take to achieve individual and organizational goals.
    1. The key word here is communication. Be an active listener!
  2. 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! That's what an article 15 is for and you need to advise the subordinate of 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 to be taken. The "Agree" and "Disagree" blocks refer 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 they can state why they disagree with the plan of action or whatever 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 just 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, tell them to put their money where their mouth is and put it in writing! Inform them that they do not have to agree with you but they do have to opportunity to document why they don't. 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 hang themselves out to dry (provided the counseling is fair and unbiased). With that said you need to make darn sure that your counseling is indeed fair and unbiased because the next one to see it will be your senior leadership and you could end up as the bad guy/girl if it looks like you have a vendetta against the soldier.

Your counseling cannot appear to be personal in nature.  They must be factual and impartial. In the Key points just stick to the facts.  For example, this is what you did, this is what regulation covers what you did, and this is what can/will happen if this happens again per the regulations.  In the Plan of action part state what the soldier needs to do, be aware of, not do etc. so they won't get in trouble again.  Don't forget the Leaders responsibility part where you must put down what you will do to help the soldier stay on the right track.  This is very important and from what we've seen, it's rarely done which is one of the reasons we started ACO.

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 still refuse to sign it due to stubbornness or ignorance, you have two routes you can take.

  1. 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.
  2. 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 an NCO) have the soldier state they refuse to sign the counseling. Then ask the witness right in their hand writing in the Session closing portion of the counseling form, that the soldier refused to sign the counseling and (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.

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!

On a more personal note:

The counseling statements we have included in Counsel Quick Vol.1 and Rater Quick we use ourselves and have gone through years of trial and error. We have yet to have anyone refuse to sign one entirely. Have we had soldiers disagree? Sure, but since our counseling?s were fair and impartial the very few that did disagree are now on the clothesline with the rest of the laundry re-evaluating their self-assessment. Afterwards, most of them actually thanked us for getting them on the right track! Is there work on the leader's part involved? Of course there is! You can't tell a soldier he's chewed up and not provide them the means and the opportunity to improve. That's what the leader?s responsibility section is for. You must show the soldier that you want what's best for them as well as the Army, and that you will help them do what is necessary to make that happen. When you do this the soldier should have no problem signing.

Last Updated ( Sunday, 11 November 2007 )
 
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