SUPERVISOR'S GUIDE
TO
DISCIPLINARY ACTIONS
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Part I

1. Under the Uniform Code of Military Justice (UCMJ), the noncommissioned officer (NCO) does not have the same authority as the commissioned officer. Principally, NCOs do not have authority to punish personnel under their supervision. Punishment is administered only through the use of Article 15 or court-martial. Since NCOs have no punitive authority, what actions can they take to ensure discipline among their people? These questions will be answered as we consider the need for discipline in the military.

2. We will focus on the role of the NCO in dealing with discipline problems. If preventive techniques fail, NCOs should be aware of methods available to them for correcting subordinates when their behavior impairs mission accomplishment. Indeed, the NCO plays an important role in influencing punishment when it is necessary in achieving mission readiness.

3. Discipline can best be defined as a "state of training, resulting in orderly conduct". This state of training must be achieved and maintained during peacetime so that our forces will be prepared for wartime contingencies. It is to late to prepare for war once it has started, which is sometimes a difficult concept for lesser experienced NCOs to accept. Often the feeling is, "we are a technical force; technicians do not need the same state of disciplined readiness as combat soldiers". This feeling perhaps fosters a false assumption that Air Force members will not be expected to fight during wartime; instead, we will maintain a support role (i.e. maintenance, supply, personnel, etc.). The questions then become "is it necessary for Air Force people to maintain a high state of readiness" and "is it really necessary to be disciplined for war?". These questions must be answered by all NCOs who are ultimately responsible for achieving success in peacetime readiness as well as in actual warfare. History shows us that we cannot leave this state of readiness to pure chance, we must prepare for any emergency.

4. Discipline, of course, is vital. General George Patton, a strong disciplinarian who was equally as adamant about preparedness, told his commanders if they did not enforce and maintain perfect discipline, they were potential murderers. He went on the say "...that is a blunt way of putting it, but war is blunt, and war is what we must all prepare for". General Robert E. Lee, one of the greatest military leaders of all time, was equally firm when it came to discipline. He wanted his soldiers to understand that, in addition to efficiency, discipline guaranteed a soldier's safety; that if his forces did not prepare themselves for war when they had a chance, they would pay dearly.

5. For the purpose of this paper, we will discuss four types of discipline; task, group, imposed, and self.

....a. Task discipline is defined as how well we meet the challenge of the job. First, we must recognize that the job is important and how well we perform will influence the effectiveness of our duty section and our unit. Task discipline requires a strong sense of responsibility in performing our jobs to the best of our abilities, volunteering for the tough jobs, and working overtime if necessary, to accomplish our mission as it relates to the Air Force mission.

....b. Group discipline means teamwork. Since most Air Force jobs require that several people work effectively as a team, group discipline is very important. Just as we must have a sense of responsibility to our jobs, we should also have a sense of group responsibility and effective team membership. We must "pull or own weight", and at times we may have to deny some personal preferences for the good of our duty section, unit, or group.

....c. Imposed discipline is known as enforced obedience to legal orders and regulations. It is absolutely essential in combat or in emergencies when there is no time to explain or discuss an order. Most Air Force training teaches us to carry out orders quickly and efficiently. During peacetime, a continuation of this type of discipline provides the structure and good order necessary throughout the organization to accomplish the mission of task, regardless of the situation.

....d. Self-discipline is a willing and instinctive sense of responsibility that leads us to do whatever needs to be done. Getting to work on time, knowing all aspects of the job, setting priorities, and denying some personal preferences for more important values or duties are all measures of self-discipline. Far above our acceptance of imposed discipline, self-discipline reflects our personal commitment and sense of duty.

6. Often we emphasize one type of discipline at the expense of another. For instance, we allow ourselves to become so task disciplined that we fail to recognize the necessity for discipline of other types. The ultimate solution for the NCO is to create an environment where the necessity for imposed discipline is minimized or eliminated, but this is not always possible. Therefore, we must understand how to impose discipline when it is clearly indicated.

7. Three general approaches can be taken in dealing with discipline; the preventive approach, the corrective approach, and the punitive approach. Initial consideration should be given to the preventive approach because it is positive and constructive in its development. The preventive approach includes understanding human behavior, using good management and leadership techniques, setting the example, and enforcing the standards. These are not all-inclusive; however, they represent the majority of preventive techniques to discipline problems. There are numerous lessons in dealing with preventive techniques, and most of our NCOs fully understand these techniques for preventing discipline problems. Organizations usually have a few people who do not respond to preventive techniques, which leads us to the next approach in dealing with discipline problems; correcting the individual who has not responded to the preventive techniques.

....a. The first action available to NCOs for correcting individuals who have not responded to preventive techniques is the verbal reprimand. Verbal reprimands should be given only for performance or conduct and should never leave an individual feeling personally attacked. In other words, individuals should be reprimanded for unacceptable behavior not personality. A memorandum for record (MFR) should be kept to be used for later action, if necessary.

....b. The second corrective action is the documented counseling. For this purpose the Air Force has the AF Form 174, Record of Individual Counseling. Individuals reviewing subsequent case files will have a better understanding of the situation if you follow the guidance provided on the AF Form 174 when completing it. This documented counseling should be filed in a permanent records set such as the personnel information file (PIF) in the unit personnel office or with the first sergeant. There is a general rule among supervisors to start their people with a "clean slate" when they take over supervision. Normally this means section documentation is destroyed. The problem with this is, they no longer have support documentation to back up further action, justifying denial of reenlistment or ratings on a performance report.

....c. The third corrective action NCOs can take is the letter of admonishment (LOA) or reprimand (LOR). Administrative admonitions and reprimands are management tools available to supervisors and commanders to instruct and reprove subordinates for departing from acceptable norms of performance, conduct, or bearing. A reprimand is more severe than an admonition and carries a strong implication of official censure. The LOA should be written when no unfavorable information file (UIF) is necessary, although either the LOA or LOR can be placed in an individual's UIF. If not filed in the UIF, they should be filed in the same manner as the documented counseling. Supervisors can write a LOA or LOR, but only commanders can have them placed in a UIF.

8. Administrative actions should be administered at the lowest level of supervision consistent with the purpose of the action and the level of supervision responsible for correcting discrepancies. In addition, consideration must be given to what other outside agency is involved (i.e. traffic citations and incident reports must be handled by the first sergeant or commander by regulation). Appointments with support agencies are routed or handled by the unit personnel office and are used in squadron and wing management indicator reports. These reports are used to judge how effectively commanders use support agencies. Specifically, first line supervisors are not normally allowed to counsel, admonish, or reprimand items answerable to outside agencies. The first sergeant or commander is charged directly by regulation with this responsibility and it is an inherent responsibility of command.

9. If an offense is duty related or is an infraction of a generally known policy of which you are charged the responsibility of enforcement (i.e. Dress and Personal Appearance), then corrective action should begin at your level. If the individual does not respond to your attempts then elevate to a higher level. Elevate early. Don't build a book. Remember, you want to correct the individual's performance.

10. Elevate counselings, admonishments, and reprimands at least one level higher, even if no further action is requested. This keeps supervision aware of what is going on. Hopefully they will be interested enough to advise you on ways to improve or correct the situation.

Part II

1. Now that we have looked at some of the preventive and corrective approaches NCOs can use in dealing with discipline problems, let us look at our role in effective the punitive action either through Article 15 or court-martial.

2. When corrective approaches have failed or when breaches of discipline are so severe that punishment is necessary to maintain morale and ensure discipline among subordinates, then Article 15 action becomes appropriate. Since the NCOs role in punishment is somewhat limited (i.e. generating the statement of facts and then recommending action to the commander), it should be evident that the quality of these actions will determine whether the outcome is satisfactory. Matching the punishment to the offense is essential if true rehabilitation is the goal. More important, there is a relationship among the types of offenses and the punishments that will best correct the behavior. Therefore, the more effective NCOs employ this relationship in influencing their commanders. Breaches of standards can most often be divided into three broad, convenient types; liberty, status, and property. A look at the nature of the violation and the matching punishment for each is in order.

....a. Liberty in the military environment is the right to act in a manner of one's own choosing within the restraints of regulations and good order and discipline. We are free privately to "do our own thing" as long as we never lose our sense of duty. Failure to go, absent without leave or continued tardiness are examples of liberty. What punishments match these offenses? Extra duty, restriction, and correctional custody all punish as well as psychologically teach the value of liberty to the individual.

....b. Status very often is discussed in terms of relative to a high standing or prestige. With rank goes not only a certain amount of privilege, but also responsibility for ever-increasing professionalism. Disrespect to a superior, insubordination, or failure to perform in a manner commensurate with rank, position or skill-level are examples of status violations. These individuals have not yet become able to accept the responsibility inherent in their position. The obvious punishment is to change their status. A reduction in rank or any of the various reductions treat the cause of this problem. If the rehabilitation phase is successful, one can be assured that the offender and all other personnel in the unit will get the message on the importance of understanding the enlisted force organization.

....c. Property in today's environment of tight funds must be protected vigorously. However, the kicked-door, torn pool table top, or willfully broken piece of equipment still occurs in the Air Force. The individuals involved in such incidents do not value property. The form of punishment taken should be addressed by forfeiture of pay. Not only does this reinforce the value of government property but it gets the replacement impact in hard currency right down to the individual's level. Some might say a property-type offense is often a violation of status, and they are often correct. Some overlap in the categories exist, but forfeiture best suits the violation in this case. Forfeitures as a catch-all punishment are frequently misused because of their relative ease of administration. The paperwork is prepared at unit level when the Article 15 action is completed and then passed on to finance. The computer does the rest automatically and invisibly. This ease unfortunately leads to the use of forfeiture when it is not the most applicable course of action. If the logic of matching the punishment to the offense is sound, commanders should be advised by the senior NCOs not to overuse or mismatch forfeitures. The influencing role of the NCO is Article 15 action at the unit level cannot be over emphasized.

3. The court-martial is more severe in nature and is used when an individual refuses the Article 15 or when the commander through consultation with the Staff Judge Advocate (SJA) determines that the breach of discipline is so severe that an Article 15 is inappropriate for punishment. The NCO's role in the imposition of punishment by court-martial is essentially the same as in Article 15 actions. Also, an NCO may be used as a witness or on a court-martial panel when enlisted personnel are being tried.

4. The final action is administrative discharge action under the provisions of AFI 36-3208, Administrative Separation of Airmen. These procedures are to complex to address in this handout. However, it should be pointed out that if all the preceding preventive, corrective, and punitive actions have not disciplined the individual, then discharge is the next step. The documentation contained in the discharge action will be essentially the same (documented counselings, LOA and LOR) that the supervisor created during the corrective approach to discipline. The recommendation of the discharge authority or board will be based primarily on how well the preventive, corrective, and punitive approaches to discipline were used and documented. The role of the NCO cannot be taken lightly.

COUNSELINGS

1. Counseling is the first tool of corrective action. This does not mean that all people who require counseling are in trouble or that people who are in trouble should be counseled. The wisdom, maturity, and experience of the supervisor should provide the necessary tools to determine when and what type of counseling is appropriate. Counselings in themselves are not punitive in nature. Counselings should be undertaken for three principle reasons:

....a. To Inform. Counselings provide information of general or specific nature which is needed by the individual in meeting the requirements of the Air Force. An example; AFI 36-2906, Personal Financial Responsibility, specifically states that commanders are responsible for counseling members regarding Air Force policy on financial responsibility. First Sergeants assist commanders in counseling individuals with financial problems. AFM 177-373, Joint Uniform Military Pay System, requires commanders to submit written notification of this counseling along with cash collection vouchers or pay adjustment vouchers when he or she authorizes other federal instrumentality�s (such as the NCO club) to collect overdue bills from the individual's future pay. The purpose of these requirements is to ensure that the individual is aware of his or her responsibilities and the remedies available to the commander if the individual fails to fulfill those responsibilities in the future.

....b. To Direct/Correct. Counselings provide information needed by the individual to correct habits or shortcomings which are not necessarily criminal or illegal but can ultimately affect job performance. An example; Airman Ira. R. Dirty moved into the dorm last week. He received his required briefings on standards but this week he received a poor rating on his room inspection--an act that requires corrective action. Amn Dirty should have learned the requirements in basic military training. Because there is evidence that he was not properly trained or motivated, he is now given retraining on the requirements. This is documented as a corrective counseling somewhat "directive" in nature and wording. In determining the appropriateness of the counseling, consider this question; Is it better to counsel the individual with the first infraction or to wait until the second time when a like violation of a more serious nature occurs and administrative or disciplinary action must accompany the counseling? If you answered "wait", I recommend that you reconsider because when it becomes necessary to "chew out" an individual, you are already approaching the necessity to issue a verbal reprimand (of which a written record should also be kept).

....c. To Praise. Many supervisors are unaware they can use the written counseling in this manner. Positive written counselings enhance the subordinate's duty performance, provide the supervisor and subordinate with feedback, and are good reference sources in preparing performance feedbacks and performance reports.

2. All counselings should be recorded to ensure the supervisor keeps track of who was counseled, when, what for, how often, and on what subject(s). Don't trust your memory. Most supervisors have to many subordinates to try and keep facts straight about all of them. Records allow you to go back and check the individual's history--both good and bad. Good records help make it possible for you to follow-up on problems, especially when you have referred the individual to an outside agency such as the Chaplain, Red Cross, or the first sergeant.

3. Follow-up is the key to any counseling. First, by following-up on the problem you determine if the individual has taken the appropriate action. Second, informing the individual that you have followed-up lets them know that someone does care and is watching. Finally, by recording the results of the flow-up, you have created a history of action which may be useful in the future to you or your replacement. If properly done, you will have created a record which shows improvement as well as lack of it.

ADMINISTRATIVE ADMONITIONS AND REPRIMANDS

1. Commanders and supervisors have the inherent right to admonish or reprimand subordinates for departing acceptable standards of conduct. You should remember, an admonition is a warning and is not as serious as a reprimand. A reprimand is a formal act of censure which rebukes an offender for their misconduct.

2. Normally, an admonishment is the next logical step in the disciplinary process after counseling. Through counseling you ensure that the individual knows the rules (informational counseling) or has been trained due to a specific violation of the rules (corrective/directive counseling), and now in your opinion there is no reason for further violation or misbehavior. Remember that a LOA is worded like a LOR for the most part, but does not carry the harsh stigma that a reprimand does.

3. It is possible to give an admonishment or reprimand as part of a non-judicial punishment or even as part of a court-martial sentence. The more common type of admonishment or reprimand is administrative, either oral or written. Such a admonishment or reprimand should be used as part of a unit's approach to discipline. It provides for prompt response to misconduct which makes personnel understand that certain behavior will not be tolerated. It allows the unit to deal with people having good past behavior or with inexperienced people. It also allows action on cases not serious enough to warrant UCMJ action. It is entirely proper to reprimand a member for conduct that is not technically criminal but which, in the NCO's or commander's opinion, is not conducive to the effective performance of the mission.

4. An admonishment or reprimand is recommended at an early stage in the misconduct pattern of an individual. Admonishing or reprimanding a person warns them of more serious action in the future. On the other hand, it is somewhat futile to let misbehavior go over a long period of time and then finally get "fed up" and initiate strong disciplinary action for similar minor occurrences. The entire military justice system is designed to rehabilitate offenders and make them able to do the job they are paid for. This rehabilitation and correction should begin at the earliest possible state in an airman's career. A person should know what is expected of them and what will happen if there is misbehavior. Most airmen, if they start fouling up, will not need more than a reprimand or two to get them back in line. This is because most people want to do a good job and keep their supervisor and commander happy. People normally get in trouble because of some unusual situation that they feel unable to cope with. This then leads them to ignore some of their responsibilities. A reprimand combined with help in solving personal problems will make most airmen recall their responsibilities and also understand that they are not alone in solving their problems. It is good to know that someone cares about you and your work. An admonishment or reprimand can remind people that their performance is important to the unit.

5. There will be people who fail to respond adequately to any disciplinary action. These people will occupy much of the time of the supervisor, first sergeant and commander. Eventually, they will be discharged. The reprimand serves another useful purpose as a record of problems that could later support this discharge action.

6. A suggested system of dealing with persistent disciplinary problems is to begin with one or more oral admonishments or reprimands followed by one or more written admonishment or reprimands. Follow these actions by requesting an Article 15 and finally a court-martial and/or discharge. The point is to stay on top of even minor things so that effective disciplinary action will follow a logical pattern in the unit and will not appear reactionary or unfair. Swift, but not precipitous, separation action can be easily taken in appropriate cases.

7. Procedurally, a LOA or LOR consist of only a supervisor's or commander's letter and the member's acknowledgment endorsement. The individual can be ordered to sign the letter, but this is not necessary. If they do not sign the acknowledgment, notation should be made of that fact on the admonishment or reprimand. The acknowledgment does not mean agreement, but only receipt and understanding of the contents of the letter. A person may, but need not, submit a rebuttal by endorsement or separate letter. Actually the reprimand is not designed as a letter writing contest. Should the individual disagree with the contents of an admonishment or reprimand, the next level of supervision should discuss the matter with him or her until they both understand each other's position. It is probably counterproductive to admonish or reprimand a person who does not understand that they have done something wrong. At the immediate or higher level (commander's option), a LOR can be placed in the member's UIF for one year. In an officer's case, a copy of the UIF summary is forwarded to the Major Air Command (MAJCOM). This summary contains only a brief description of the reprimand and will not mention rebuttal information.

8. Checklist for writing admonishments and reprimands.

....a. The subject of the letter should clearly state whether it is a "LOA" or a "LOR" and a standard Privacy Act Statement is required on all LOAs or LORs.

....b. The first paragraph states very positively what the recipient did. In order to make a lasting impression, it is written like the specification for non-judicial action. It should cite the on or about date, the location, time (if known), and the established standards, acts or events.

....c. The second paragraph contains the words of reproof and censure, and hints at what the consequences will be if the individual fails to heed the warning given. No overt threats should be used, and no promises should be made that cannot be kept. Choice of wording is important.

....d. The third paragraph is an order to the recipient to acknowledge receipt of the letter. This paragraph is a standard statement which will be placed on each LOA or LOR.

....e. The receipt acknowledged line is also a standard statement placed on all LOAs or LORs. The individual presenting the letter must provide the recipient with an opportunity to respond.

9. Admonishments and reprimands are subject to the rules of the Privacy Act and supporting Air Force Regulations. As such, you cannot legally keep them in your "lower desk drawer". They must be kept in a file that is considered as an office of record under the Privacy Act. This usually means the unit personnel office or branch administrative support unit.

UIF AND CONTROL ROSTER ACTIONS

1. As a supervisor, you cannot start a UIF or take control roster action on an individual. However, IAW AFI 36-2907, UIF Program, you may, after elevating the reprimand through proper channels, request that the commander place the reprimand in a UIF or initiate control roster action. Your reprimand, when properly written, can be the document that starts the administrative ball rolling to take these actions. The final decision is the commanders, and rightly so, to ensure equitable action throughout the unit.

2. A UIF is a file maintained for use primarily by commanders to assist them in making decisions as they relate to the Air Force member (administrative, personnel, judicial and non-judicial). They contain only verified or substantiated unfavorable information about a member's conduct, bearing, behavior, or integrity on- or off-duty and may not contain trivial information or dated (old) information retrieved from other personal or unofficial files (i.e. lower desk drawers). They are an administrative tool which commander review prior to allowing or instituting other actions(s). Reporting official may review UIFs/control rosters at performance report time.

3. Control rosters are management tools used by commanders similar to the way UIFs are; thus, the confusion. However, the specific stated purpose of a control roster is to track a person whose conduct, bearing, behavior, integrity and so forth do not meet standards, or whose duty performance requires special attention, observation, evaluation or rehabilitation. Commanders may place an individual on the control roster for a single 6 month period. A commander will not place an individual on the control roster in lieu of more appropriate administrative or judicial action nor if the intent is to start discharge proceedings. A member cannot be discharged while undergoing rehabilitation as a consequence of control roster action. Finally, a commander may direct a performance report be rendered when a member is placed on or removed form the control roster.

SUMMARY CONCLUSION

1. Counseling, admonishing, and reprimand is an inherent right and responsibility of supervisors and commanders. It is incumbent on each of us to ensure that not only do we do our jobs right, but that we ensure proper documentation of the above mentioned actions. The intent is not to build a case. The intent is to properly conduct and record these actions for the purpose of tracking rehabilitative efforts by you and those above you in the chain of command. Granted, this is a two edged sword and if it becomes necessary to discharge someone from the Air Force, those documents will be used (both good and bad) as evidence of our rehabilitative efforts. It should be obvious that good documentation is absolutely essential. No handbook in the world can cover all possibilities or deviations from the norm. Your instinctive and learned abilities as a supervisor are the key to successful use of this information.

2. In closing, remember the old adage, "praise in public, criticize in private". People are much more receptive to private criticism (and are not nearly as defensive) than to criticize in front of their peers or subordinates, just like you and I.

3. Suggestions for corrections, changes or additions to this handbook are encouraged. Please direct your ideas to your first sergeant.

Military Justice Page / UIF-Control Roster Expiration Notification Letters

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