UCMJ statement that goes on DA 4856

Does anyone have a copy of the UCMJ statement that goes on the front side (at the bottom) of a counseling statement?

Yanno, the little blurb that says "you were bad and if you do this again you can be punished under UCMJ etc etc etc"

Thanks, please post it or PM me.
:-)
Original Post
[quote:9f8ba16e65]I am counseling you for the conduct noted above. If this conduct continues, action may be initiated to separate you from the Army under AR 635-200, Chapters 5, 9, 13, or 14. If you are involuntarily separated, you could receive an Honorable discharge, a General, under honorable conditions, discharge, or an Under Other Than Honorable conditions discharge. An Honorable discharge may be awarded under any provision. A General discharge may be awarded for separation UP Chapters 5, 9, 13, and 14. An Under Other Than Honorable conditions discharge may be awarded for separation UP Chapter 14. If you receive an Honorable discharge, you will be qualified for most benefits resulting from military service. An involuntary Honorable discharge, however, will disqualify you from reenlistment for some period of time and may disqualify you from receiving transitional benefits (e.g., commissary, housing, health benefits) and the Montgomery G.I. Bill. If you receive a General discharge, you will be disqualified from reenlisting in the service for some period of time and you will be ineligible for some benefits including the Montgomery G.I. bill. If you receive an Under Other Than Honorable conditions discharge, you will be ineligible for reenlistment and for most benefits including payment for accrued leave, transportation of dependents and household goods to home, transitional benefits and the Montgomery G.I. Bill. You may also face difficulty in obtaining civilian employment, as employers have a low regard for the General and Under Other Than Honorable conditions discharges. Although there are agencies to which you may apply to have the character of your discharge changed, it is unlikely that any such applications will be successful. [/quote:9f8ba16e65]

Hope this helps!
SGT I
If you go to Clothing Sales or your Army book store and purchase the book called "The Mentor" there is an excellent counseling statement that explains everything more clearly they the blurp on the bottom. Each counseling statement does not need that statement. Simply attach this one counseling statement to the other when diciplinary actions should occur.

DRILL
1) the statement does not have to be on there for the soldier to receive UCMJ action.

2) the orgins of this statement are in AR 635-200, para. 1-16. It states that before a soldier is involuntarily seperated he/she must be informed of his/her deficientcies, that they could lead to discharge, the types of discharge the conduct could lead to, and the prejudicial effects in the civilian world, and given an opportunity to overcome his/her deficientcies. So basically this "magic statement" (or "1-16 counseling" as we call it") is only needed if you think you may need to seperate the soldier.
Hey, thats some good info. I always thought it had to be there for the soldier to recieve UCMJ. Actually I had always been told it was supposed to be there any time a soldier got an adverse counseling statement.
I will still probably put it in my negative counseling statements, but it's nice to know that I don't have to.

Could a local JAG say or strongly "reccomend" that it needed to be in there?
If they have their heads, well you know, they could "require" or "strongly reccomend" it be there. but then you just pull out the old "show me in regulation where it says it has to be there!" Its not a bad idea to include it on all your negative counselings, because you never know when a soldier is going to go off the deep end, and need to be separated.
This is a little off topic, but I understand that when we counsel a soldier for something they did wrong, we consider it a "negative counseling". However, we should try to get away from the term. All counselings should be positive, and not meant to just tell a soldier what they did wrong, but how to fix the problem and have a positive outcome.
This is what all counseling statements have. What happened, how we're going to fix it, and the follow-up.

Are you saying if a Soldier was late 5-days in a row because he didn't want to attend PT, this should be a "positive" counseling?

I understand what you are saying, but we can't group misconduct and atta-boys in the same counseling group.
I think this is what you're looking for. Hope it helps.

IAW AR 635-200, Chapter 1, Paragraph 1-16, you are being counseled for the above indicated misconduct and/or unsatisfactory duty performance. Continued behavior of this kind can result in separation action being initiated under Chapter 14 para. 14-12(a), (b), or (c), Acts of Patterns of Misconduct, or Chapter 13, Separation of Unsatisfactory Performance, to eliminate you from the U.S. Army prior to the expiration of your term of service. Further acts of misconduct could result in your elimination from the U.S. Army without further counseling IAW Paragraph 1-16, AR 635-200. If you are separated for misconduct, you could receive one of the following types of discharges:

1. UNCHARACTERIZED
2. HONORABLE
3. GENERAL
4. UNDER OTHER THAN HONORABLE
I think the problem with this topic is that too many Soldiers are quick to react and provide their input without first researching the topic. For example, most of the posts on this particular subject give opinionated responses-opinions are dangerous and can be similar to one's posterior region.
The DA Form 4856, and ALL DA Forms, specifically state at the top where to go in order to use the form. The DA Form 4856 states "For use of this form, see FM 6-22" If one were to go to that FM and look through it, one would come across APPENDIX B. This appendix dicusses the types of counseling, who's responsible for counseling, the importance of counseling, and all sorts of other issues directly related to the counseling process. FM 6-22, APP B, para B-63 specifically discusses how to use the DA Form 4856.
The Army has literally thousands of Regulations, TM's, FM's, Circulars, etc. One purpose for all these publications is to ensure that we maintain a professional and informed population. Knowledge is power and if the perception is that there are a lot "lazy" NCO's, then step up to the plate, read and become knowledgeable, and then implement some education.
Everyone apparently has their own points of view on the "magic statement" and how it's supposed to be used. I believe in training soldiers repeatedly and/or extending their corrective training until they finally "get it."

From what I've read so far about counseling issues in this forum mainly derives from leadership issues with the NCO to the SM. It's not personal, it's professional. Event-Oriented broken down into simplest form just asks for the facts. Not the Articles of UCMJ, or various policies that were violated.

The punishment has to fit the crime. The acronym KISS (Keep it simple stupid) is a pretty good guideline when it comes to thinking up some crazy off-the-wall corrective training. Unfortunately, you can't humiliate Soldiers anymore, but it certainly worked for me when I was a Private. (i.e. Alarm clocks in ammo cans, large clocks hung around the neck, extension bars carried with 550 cord slung like a weapon, etc.)
Here is the "Magic Statement" that I use for all of my negative counselings:

IAW AR 635-200, paragraph 1-18, you are being counseled for unsatisfactory performance/misconduct. If your performance/behavior does not improve, you may be processed for involuntary separation from the U.S. Army under the provisions of Chapter(s) 5, 13, or 14, AR 635-200. Administrative separation can have a serious effect on your life. Some of the ramification are explained below. If separation is initiated under Chapter 5 or 13, the least favorable characterization of discharge you can receive is a General Discharge (Under Honorable Conditions). If you are discharged under Chapter 14, you may receive an Other Than Honorable Discharge. Even if you receive an Honorable discharge, any early separation from the Army before the scheduled expiration of your term of service may reduce your chance to obtain either civilian or government employment. It may preclude you from reenlisting in any of the armed forces. If you are separated for misconduct before your normal ETS date, you will not receive any money back from the Army College Fund program and you may be required to repay all or some of any enlistment or reenlistment bonus that you have received. Your type of discharge will become a matter of permanent record and may, consistent with the Privacy Act, be provided to any federal agency if you either apply for federal employment or for a federal security clearance. A General discharge will cause you to lose civil service retirement credit and may cause you to lose your entitlement to certain VA benefits. In addition to the other effects, an Other Than Honorable discharge also will cause you to lose payment for accrued leave, to forfeit any authorization to wear a military uniform, to be denied admission to the soldier's home, and to lose some or all of the benefits administered by the Veterans Administration or other federal agencies. Finally, you should be aware that a General discharge or Other Than Honorable discharge is very rarely upgraded.
This is the Magic Statement we advise our Brigade to use.

This constitutes as a formal counseling session concerning your noted deficiencies. You will be given a reasonable amount of time to correct these deficiencies and to rehabilitate yourself. Your conduct will be monitored during this period of time and you will be given every opportunity to prove yourself. If your performance and conduct continues to be unsatisfactory, you may be subject to administrative action under the provisions of AR 635-200 (Enlisted Personnel). If you are processed for separation under the provisions of AR 635-200, you may receive a General discharge, or an (OTH) 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. You may appeal to have a discharge of less than Honorable upgraded, but approval of such request is highly unlikely. Futhermore, noncompliance with the guidance set forth in this counseling could result in adverse administrative action under the provision of AR 27-10 (Military Justice). You are directed to correct the deficiencies noted above; or initiation of separation proceedings will be necessary.

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