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I received 2 counseling statements both with my NCO accusing…

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I received 2 counseling statements...
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: 2 years ago.Category: Military Law
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Answered in 4 minutes by:
2/19/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,633
Experience: Lawyer and current JAG officer.
Verified

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.

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Military Lawyer: Allen M., Esq., Lawyer replied 2 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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