If a Soldier's sub-standard performance may eventually warrant UCMJ, you have to tell them of the consequences of their behavior. This is outlined for Active Army in AR 635-200 and National Guard and Reserve AR 135-178.
Focusing on the National Guard and AR 135-178, Section 2–4. Counseling and Rehabilitation, "Commanders must make reasonable efforts to identify Soldiers who are likely candidates for early separation and to improve their chances for retention through counseling, retraining, and rehabilitation before starting separation action."
Soldiers must be given a reasonable opportunity to overcome their deficiencies such as unsatisfactory performance, minor disciplinary infractions, pattern of misconduct or failure to meet Army body composition standards.
In other words, when counseling approaches UCMJ or separation level, the 4856 needs to state that continued behavior of a similar nature or additional misconduct may result in separation and it needs to spell out the consequences.
(c) The characterization of service that may be issued and the effect of each type if such action is taken and separation accomplished.
This is the 4856 "Magic Bullet Statement."
I am on the hunt for a good, short, CTARNG specific Magic Bullet Statement.
--to be continued--
