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Unsatisfactory Performance Counseling ("Magic Statement" or "Silver Bullet")
Published by Adium on 2007/8/5 (45248 reads)
Separation actions may be initiated if unsatisfactory behavior or performances continues. Unsatisfactory performances and acts or patterns of misconduct can result in separation from the Army under AR 635-200. Chapter 13 (Unsatisfactory Performance) us the commanders judgment of your performance. Chapter 14 (Misconduct) is misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave. Under the provisions of these chapters, discharge from the Army can be characterized as: Chapter 13 Honorable or under honorable conditions as warranted by their military record. Chapter 14: a Discharge under other than honorable conditions is normally appropriate for a soldier under this chapter. However, the separation authority may direct a general discharge if such is merited by the soldiers overall record.
This counseling statement has been furnished to you, not as a punitive measure under the provisions of article 15, UCMJ, but as an administrative measure to stress that continued behavior of the same or a similar nature may result in initiation of action eliminating you from the U.S. Army for (Involuntary Separation Due To Parenthood) (Personality Disorder) (Entry Level Performance and Conduct) (Unsatisfactory Performance) (Misconduct or Minor Disciplinary Infractions) under the provisions of Chapter (5) (8) (11) (13) (14) , AR 635-200. Such action may result in the issuance of either an Honorable Discharge, General Discharge, or an Other Than Honorable (OTH) Discharge. If you receive a General or an OTH Discharge, this could result in the possible loss of some or all Veterans Benefits and substantial prejudice in obtaining civilian employment. In addition, if you have contributed money to the Montgomery G.I. Bill and you are released from active duty with a less than Honorable Discharge, you will not be eligible to receive money for educational purposes and any money already contributed for educational purposes is nonrefundable and may be forfeited.
I am counseling you for the conduct noted above. Be advised that continued conduct of this nature may result in initiation of a bar to reenlistment, administrative action to include your separation from the service, and/or punitive action (i.e. UCMJ action). If this conduct continues, action may be initiated to involuntarily separate you from the service under AR 635-200, Chapter 5, 11, 13 or 14. If you are involuntarily separated, you could receive an Honorable, General Under Honorable Conditions, Other Than Honorable, or Uncharacteristic Discharge. An Honorable Discharge may be awarded under Chapter 5, 13 and 14. An Uncharacteristic Discharge may be awarded under Chapter 11. A General Under Honorable Conditions Discharge may be awarded under Chapter 5, 13 and 14. An Other Than Honorable Discharge may be awarded under Chapter 14. If you receive an Honorable Discharge, you will be qualified for most benefits resulting from your military service. If you receive a General Under Honorable Conditions Discharge or an Uncharacteristic Discharge, you will be disqualified from reenlisting in to the service for some period (i.e. at least two years) and you will be ineligible for many veterans benefits to include but not limited to the Montgomery G.I. Bill. If you receive Other Than Honorable Discharge, you will be ineligible for most, if not all, veterans benefits to include but not limited to the Montgomery G.I. Bill and you will be precluded from reenlisting in the service. If a General Under Honorable Conditions, Other Than Honorable, or Uncharacteristic Discharge is given, you may face difficulty in obtaining civilian employment as employers have a low regard for less than Honorable Discharges. Although agencies exist to which you may apply to upgrade a less than Honorable Discharge, it is unlikely that such application will be successful.
This counseling statement has been furnished to you, not as a punitive measure under the provisions of article 15, UCMJ, but as an administrative measure to stress that continued behavior of the same or a similar nature may result in initiation of action eliminating you from the U.S. Army for (Involuntary Separation Due To Parenthood) (Personality Disorder) (Entry Level Performance and Conduct) (Unsatisfactory Performance) (Misconduct or Minor Disciplinary Infractions) under the provisions of Chapter (5) (8) (11) (13) (14) , AR 635-200. Such action may result in the issuance of either an Honorable Discharge, General Discharge, or an Other Than Honorable (OTH) Discharge. If you receive a General or an OTH Discharge, this could result in the possible loss of some or all Veterans Benefits and substantial prejudice in obtaining civilian employment. In addition, if you have contributed money to the Montgomery G.I. Bill and you are released from active duty with a less than Honorable Discharge, you will not be eligible to receive money for educational purposes and any money already contributed for educational purposes is nonrefundable and may be forfeited.
I am counseling you for the conduct noted above. Be advised that continued conduct of this nature may result in initiation of a bar to reenlistment, administrative action to include your separation from the service, and/or punitive action (i.e. UCMJ action). If this conduct continues, action may be initiated to involuntarily separate you from the service under AR 635-200, Chapter 5, 11, 13 or 14. If you are involuntarily separated, you could receive an Honorable, General Under Honorable Conditions, Other Than Honorable, or Uncharacteristic Discharge. An Honorable Discharge may be awarded under Chapter 5, 13 and 14. An Uncharacteristic Discharge may be awarded under Chapter 11. A General Under Honorable Conditions Discharge may be awarded under Chapter 5, 13 and 14. An Other Than Honorable Discharge may be awarded under Chapter 14. If you receive an Honorable Discharge, you will be qualified for most benefits resulting from your military service. If you receive a General Under Honorable Conditions Discharge or an Uncharacteristic Discharge, you will be disqualified from reenlisting in to the service for some period (i.e. at least two years) and you will be ineligible for many veterans benefits to include but not limited to the Montgomery G.I. Bill. If you receive Other Than Honorable Discharge, you will be ineligible for most, if not all, veterans benefits to include but not limited to the Montgomery G.I. Bill and you will be precluded from reenlisting in the service. If a General Under Honorable Conditions, Other Than Honorable, or Uncharacteristic Discharge is given, you may face difficulty in obtaining civilian employment as employers have a low regard for less than Honorable Discharges. Although agencies exist to which you may apply to upgrade a less than Honorable Discharge, it is unlikely that such application will be successful.
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