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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18814
Experience:  Lawyer and current JAG officer.
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I received 2 counseling statements both with my NCO accusing

Customer Question

I received 2 counseling statements both with my NCO accusing me of doing the minimum to accomplish tasks, I have witnesses who can testify that I am the hardest worker on shift, my NCO does not work on shift with me.
Submitted: 9 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

When you are dealing with counseling statements, there really is very little that you can do beyond getting your side on record. A counseling statement doesn't have a ruling or punishment attached to it, so the only due process right you have is notice and the opportunity to respond. If you have witnesses that will testify that you work hard, have them make sworn statements to that effect and include them in your response to the counseling statement.

If the NCO or SSG attempt to use those counseling statements as the basis for a separation, NJP or any other punitive action, the response will be seen and will have to be taken into consideration before any action is taken. Only in the midst of the action itself would you have any particular rights to due process (for example, if they tried an NJP, you'd have the right to be heard and present witnesses....before a discharge board, you'd have the right to present witnesses, etc.) Again, all you can do now is get your side on record, which is why you are afforded the opportunity to submit written matters on your behalf.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 9 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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