Page 6 - Ft. Huachuca Scout 7-10-15

6A The Scout FRIDAY, JULY 10, 2015

Trial Defense Services offers advice for

Soldiers facing investigation, separation

By Capt. David A. Thompson
Senior Defense Counsel

For many Soldiers it has become painfully clear

that the Army drawdown is in full force. In many

ways, the mandate to reduce the size of the Army

has created a “zero defect” Army, and more Soldiers

are facing separation boards than ever before.

From Advanced Individual Training to retirement- perative Soldiers maintain their personal records, as mand that the individual is a Soldier with value to
eligible Soldiers, the Army is trimming its ranks, and documents are often lost over the years and it may the Army. The Soldier should not investigate his or
the dream of coasting to a 20-year retirement is now be difficult to compile a complete and accurate re- her own case as the Government could view these

over. A Soldier cannot be mediocre or lax in their ef- cord of service in the short amount of time the Sol- actions as potential obstruction of justice or intimi-

forts to prove their worth every day to their chain of dier has to prepare for a board. dation of witnesses.

command in this new Army. Only through constant It is also imperative that Soldiers maintain their During this process, the Soldier should be care-

vigilance and avoidance of trouble areas (e.g. alco- personal connections with key leaders and peers ful about what is posted online or in text messages,
hol, inappropriate language in work place and inap- from each period of service so they may be called on and should avoid discussing the investigation or the
propriate relationships) can a Soldier maximize his or to testify on the Soldier’s behalf. It is common for accusations in these mediums. Even casual conver-

her chances of making the Army a career. clients to struggle with naming Soldiers, or locat- sation can become fodder for later accusations. The

While there is still some room for mistakes in a ing those Soldiers, from prior deployments, but this Soldier’s defense counsel is in the best position to

young career, the amount of leeway is slight, par- testimony can often be crucial to the board’s deter- advocate for the Soldier and is the only individual
ticularly for Soldiers in the ranks of E-5 and above. mination whether to retain or separate the Soldier. with whom the Soldier should share his or her con-
Any negative paperwork in a Soldier’s file will draw Although each case is unique and decided on the cerns about the investigation.

the scrutiny of the chain of command or Human merits of the action, board members, like all Sol- Soldiering is a vocation and requires courage

Resources Command and may lead to a separation diers, are keenly aware that even Soldiers with no from the first day. Undergoing a separation board

board. misconduct in their records are facing early separa- or being subject to an investigation is no different.

A Soldier with over six years of service, or a Sol- tion through the Qualitative Management Program. A Soldier should not “give up” just because he or
dier facing potential separation with an Other Than It is a sad truth that the power of an accusation or she is involved in the process. The Army has many
Honorable Discharge, is entitled to present their a mere investigation is enough to kill a career in to- resources for Soldiers in these unfortunate cir-

case in front of a separation board (usually consist- day’s Army. Soldiers come to Trial Defense Services cumstances, including defense counsel, behavioral
ing of a major, a chief warrant officer, and a first or seeking legal counsel for a variety of reasons. All too health and chaplains. It is key that Soldiers main-
master sergeant). When facing such a board, Sol- frequently, the Soldier begins by saying, “I was told tain their spirit and their professionalism at work
diers may call fact witnesses to dispute the basis for I’m being investigated, and I have a promotion board during these processes, as the best evidence that a
separation, as well as character witnesses from vari- coming up. What can I do to make this go away?” Soldier is worth retaining is often found in the Sol-

ous areas of their personal and military life to testify More often than not, the answer is nothing. The dier’s actions after initiation of the board or inves-

to their good character as a Soldier. Soldier must wait for the investigation to run its tigation and how the Soldier responds to adversity.

Soldiers are able to present Good Soldier Books course. What the Soldier can do, and should do, If you’re a Soldier facing an investigation or pos-

(known to many as “I Love Me books”) which con- is focus on doing everything in his or her power sible separation, contact Trial Defense Services at
tain their various certificates and awards. It is im- to be the “perfect” Soldier and convince the com- 520.533.5370.

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By C. Todd Lopez tion reports. Army leaders hope that implementation of agreed with the recommendation.
a senior rater profile will help reduce “rating inflation” “It’ll give promotion boards the ability to see who ac-
Army News Service within the enlisted evaluation system, which makes it
difficult for promotion boards to select the most quali- tually are the best by using the NCOER as a true discrimi-
WASHINGTON – New policy for the noncommis- fied for promotion. nator of talent - what it’s supposed to do,” Dailey said.
sioned officer evaluation report, or NCOER, due out in
January, includes a limit on how many “most qualified” “It’s hard to use [the NCOER] as a determiner of suc- The NCOER includes a block labeled “Senior Rater
ratings can be handed out by a Soldier’s senior rater. cess and for potential for promotion when everybody is Overall Potential.” That block includes check boxes
a 1,” said Sgt. Maj. of the Army Daniel A. Dailey. “That where senior raters are asked to compare an NCO’s
Under the new system, a senior rater may rate only as should be the number-one thing we are using to decide “overall potential” to that of other NCOs of the same
many as 24 percent as being most qualified. That limit promotion potential. And unfortunately, because it is so grade that the senior NCO has rated in his or her career.
applies when those being rated are in the rank of staff equivalent for everybody, you can’t. You have to go to For the NCO being rated, senior raters may select from:
sergeant through sergeant major. The expectation will other things like school reports, awards and decorations “most qualified,” “highly qualified,” “qualified,” or “not
be to make the rating of “highly qualified” as the “new and all those other things.” qualified.” They may choose only one of those ratings,
norm,” said Sgt. Maj. Stephen McDermid, the evalua- and may rate up to 24 percent of their Soldiers as “most
tions branch sergeant major for the Adjutant General McDermid said the limit of 24 percent is designed to qualified.”
Directorate, Human Resources Command. reflect the promotion percentages common across vari-
ous military occupational specialties within the enlist- Another change to the NCOER includes the supple-
“It’s important to understand that the ‘highly quali- ed ranks. The intent is to make it easier for promotion mentary review.
fied’ selection will be the norm and that noncommis- boards to identify those Soldiers, who are most qualified
sioned officers [NCOs] will remain competitive for to be promoted. Army leaders have asked for a supplementary re-
promotion with highly-qualified NCOERs, given they view on NCOERs when the senior rater is a sergeant
complete their required professional military educa- The decision to set the limit to 24 percent was made first class, first sergeant, master sergeant, warrant officer
tion,” McDermid said. by the sergeant major of the Army and his senior en- one, chief warrant officer two, second lieutenant or first
listed council. The recommendation was passed to both lieutenant.
The senior rater profile is new on the NCOER, and the Army’s chief of staff and Army secretary, who both
similar to what is already being done on officer evalua- “This supplementary review will be performed by
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