Negative Counseling Statement - DEPRECATED

This is the Document Release Information
Article Number:	7CAV-R-014
Scope:	Negative Counseling Statement Procedure
Version:	Version 1.0.1
Effective Date:	09JUL2009
Last Modified Date:	DDMMMYYYY
Approving Authority:	GOA.Chance, John T
Point of Contact:	LTG.Kleinman, Harm

THIS DOCUMENT MAY NOT BE EDITED WITHOUT COMMAND STAFF APPROVAL.

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 reoccurrence.

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 forwarding the completed NCS Form to the admindept@7thCavalry.us email for final processing by the S1.
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)

Submission

When submitting an NCS for posting, send the NCS to admindept@7thcavalry.us. The name of the file should be as follows:

NCS-YYYY-MM-DD_Lastname_Firstname.pdf

For example, if I were issuing an NCS for Private Doe, John on the 10th of July the file name would be 2015-06-10_Doe_John

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 S1 Dept (admindept@7thCavalry.us).

Blank Form

The blank NCS form is available here:

• https://wiki.7cav.us/index.php/File:Blank_NCS.pdf

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

See Also

• Standard Operating Procedures
• Nonjudicial punishment
• Judge Advocate General Corps
• Uniform Code of Military Justice (UCMJ)

References

http://www.7thcavalry.us/topic/11102-negative-counseling-statements/