Negative Counseling Statement - DEPRECATED

This SOP page is no longer relevant. This could be due to historical changes, the page is out of date, or been replaced. Please view our Standard Operating Procedures page for the relevant SOP's.

Reason: New Page = Letter of Reprimand

Regimental Disciplinary Process
Counseling	Developmental Counseling Statement (DCS)
Repeated Minor Offences or Serious Offences	Letter of Reprimand (LOR) • Article 15 - Commander's Investigation and Hearing
Repeated Serious Offences or Gravely Serious Offences	Article 32 - Pre-Trial Investigation and Court Martial

This is the Document Release Information
Article Number:	7CAV-R-016
Scope:	Negative Counseling Statement Procedure
Version:	Version 1.0.1
Effective Date:	09JUL2009
Last Modified Date:	DDMMMYYYY
Approving Authority:	Regimental Commanding Officer
Point of Contact:	Regimental Chief of Staff

DOWNLOAD: Blank NCS Form

Information: What is No Favorable Action? (NFA) No Favorable Action is a consequence of receiving a Negative Counseling Statement. NFA means you may not attend classes, you can attend operations but not receive credit or medals and the period of NFA you receive (30/60/90 days) is added to the time in grade required for your next promotion. Your next Good Conduct Medal is also delayed by the period of the NFA you receive.

Purpose

The purpose of this Standard Operating Procedure (SOP) is to provide the requirements and process for the use of the Negative Counseling Statement (NCS) in the 7th Cavalry Regiment.

Description

The Negative Counseling Statement (NCS) is a tool used by superiors in the 7th Cavalry (from Section leaders and above) to correct the negative actions or behavior of their subordinates. The main requirement of the NCS is the verbal counseling of the trooper by their superior, in which the behavior is addressed and corrected. Superiors will cover the issue, any disciplinary action that will be taken and consequences of future re-occurrence.

The NCS form is used to record the infraction, corrective action, and any recommended disciplinary action against the trooper. NCS forms are completed by the S1 department.

Process

After an infraction is committed the following process

1. Trooper Infraction
   1. Sample Infraction (The list below not inclusive)
      • Unexcused absence from a mandatory meeting or unit movement
      • Failure to perform duties (i.e. post/make roll call,
      • Repeated language violation or general misconduct
      • Violation of known rules or General Order
      • Any other infraction, with a low level of severity, which does not require charges under an Article 15, UCMJ.
2. Trooper's superior (Section Leader and above) get's together with trooper and goes over the infraction, the trooper's responsibility and expectation, disciplinary action that will be taken, and the consequences of future reoccurrence
3. Trooper's superior will ask if Trooper wishes to appeal the NCS. If he wishes to dispute the NCS follow instructions below NCS Appeal below.
4. Trooper's superior will complete Sections I and II of the NCS form then forward the form to the next level up on the Chain of Command for approval.
5. The next level of the CoC will review the NCS and ensure that an actual verbal counseling session took place (NOT VIA PM OR EMAIL), ensure that the NCS is complete and that the disciplinary action (if any is taken) is appropriate.
6. The next level of the CoC will approve the NCS by completing Section III of the NCS form and including S1 OIC in the original PM as described above.
7. S1 personnel will process the NCS by doing the following:
   1. Complete Section IV of the NCS form (at the time it is being processed...no backdating)
   2. Upload the NCS pdf file to the ftp site.
   3. Update the trooper's MILPAC Service Record with the following (per our example):
      • Date: NCS Approval Date “05/16/09”.
      • Record: “NEGATIVE COUNSELING STATEMENT: Missing Section Practice” (use this exact format)

Flow

An NCS is prepared by the originator of the discipline. It is forwarded to the Company Commander to be approved. The Company Commander should complete their portion and then forward it to Battalion Staff who will then submit it to S1 for processing. By forwarding it to Battalion Staff we are ensuring that they are in the loop on serious disciplinary issues.

Submission

When submitting an NCS for posting, send the NCS by private message to the OIC of the S1 Department. The name of the file should be as follows:

NCS_Lastname-Initial_DDMMMYY.pdf

For example, if I were issuing an NCS for Private Doe, John on the 10th of July the file name would be NCS_Doe-J_10JUL19.pdf

Appeal

The appeal process involves the review of the incident by the Chief of Staff and the Battalion Staff. The Trooper's Superior will forward the NCS form (with Section I and II completed). The Chief of Staff and Battalion Staff will review the incident, interview all the parties and make a decision. All decisions are final.

If the decision stands, the Chief of Staff will approve the NCS (by completing Section III) and forward the form to the OIC of the S1 Department for processing.

Available Punishments

• For the 1st within a 6-month period - 30 days NFA
• For the 2nd within a 6-month period - 60 days NFA
• For the 3rd within a 6-month period - 90 days NFA and automatic referral for an article 15 investigation

No Favorable Action

No Favorable Action (NFA) has the following consequences:

• May not attend classes.
• Can attend operations but you receive no credit for the operation and may not be recommended for medals.
• The period of NFA you receive (30/60/90 days) is added to the time-in-grade required for your next promotion.
• The period of NFA you receive (30/60/90 days) is added to the time-in-service required for your next Good Conduct Medal.
• Transfers are not a favorable action, therefore NFA does not in any way affect them.
• Personnel currently under a period of NFA may not join Secondary Departments during that period.
• Personnel who discharge during a period of NFA will be discharged Less Than Honorably.
• Personnel who discharge during a period of NFA, who re-enlist at a later date, will continue to serve the remainder of the NFA upon re-enlistment.

See also

• Initial Counseling Statement
• Verbal Counseling Statement