Corrective Training vs Punishment

[Anthony Hoh]

The Military Justice system, when properly applied, gives a great deal of latitude to the commander in determining the proper punishment, without depriving the Soldier of his due process. In the example about the Soldier who leaves his weapon at a training site, the commander could come up with a form of corrective training that is genuinely intended to improve the Soldier’s performance without appearing punitive.

A couple of quick questions...
1. How is the punishment that I have decided not able to improve that Soldiers performance in regards to accounting for his weapon?
2. Exactly when should I go to my Commander to decide when I need to do some form of corrective training, i.e. should I bother the boss when Joe doesn’t shave?
3. Finally why would a Commander not want to appear punitive for a Soldier forgetting his weapon?

An example of corrective training versus punishment is: you have a Soldier who is continually late to formation. Having him pitch a tent in front of the orderly room for a month so that he is accounted for is punishment. Having him report to the 1SG’s office 15 minutes before formation is corrective training. Having him do push-ups is pretty much worthless. If you were the Soldier, which would get your attention without souring your view towards the unit?

I dont see where we diverge on this, my corrective training is formed around that Soldier retaining his weapon by earning each piece back. If the Soldier was late I would not send him to each NCO in the platoon to come up with some form of physical challenge. His corrective training would be time oriented. Again, I dont think it would require the 1SG or Commander to make this happen.

I had a 1SG in Saudi who needed to have his vehicles cleaned. Whenever Soldiers committed misconduct of any type, he would punish them by having them clean the vehicles all day. When I explained the whole punishment/corrective training distinction to him, he explained that the Soldier, by committing an alleged offense, showed inattention to detail. “That’s why I’m correctively training him by having him detail the trucks.”

Okay this is exactly where we diverge! I am with the 1SG on this. I had a PSG that could turn any offense into a 12 mile road march. i.e. You forget to shave...Okay, you shave at the start point the 6 mile point and the finish point. No this was not for first time offenders but if failing to shave became a habit this was what was in store. Additionally form my side of this professional Army, dont underestimate the power of corrective training on display, it helps the unit as a whole.

In addition or instead of corrective training, the commander could issue a local letter of reprimand. It would stay in the Soldier’s file until he PCS’s, and might effectively get his attention without affecting his permanent record. If he decides to administer an Article 15, he could suspend the punishment, so that the Soldier does not lose pay or rank until/unless he steps on it again. Or he could impose an Article 15 with no punishment (except the Article 15 itself). If the Soldier is an E4 with no previous Article 15’s, he can get one freebie that no board will ever see.

Sir I am familiar with the flexibility the commander has with UCMJ, but I think you are missing the thrust of my post. I can handle corrective training in a responsible manner that IMO is better for the Soldier, and the unit. LOR's dont get posted on the Company billboard, an LOR for a junior Soldier is the reverse of the BDE Commander having his BC do push-ups when he is late to a meeting.

Although I am sympathetic to Soldiers whose minor misconduct causes financial problems due to being married with kids, I don’t like to see two Soldiers commit the same offense only to have the married one get a break because of the second order effects. I would not want to be the commander who “correctively trains” the first Soldier who leaves a weapon at a training site, then has to punish another Soldier who leaves his weapon at a training site after the Brigade commander locks down the unit trying to track down the weapon.

I dont see me taking the Soldier marital status in to consideration as something wrong, second and third order effects could actually lead to more punishment for the Soldier than was intended. Additionally, I also factor in the overall hooah vis a vie the dirt baggyness of the troop in question. Similar to the Commanders discretion on dealing out different punishments for the same offense. There is obviously no cookie cutter solutions. And getting the Unit locked down would obviously incur more wrath than someone else in the Company finding the Soldier weapon and returning it to me.

Although commanders and NCO’s often think that they are doing a Soldier a favor by punishing him “off the record,” this creates a potential for a lot of abuse. Before a Soldier can receive a company grade Article 15 or greater, he receives the benefit of counsel. If the charges cannot be substantiated, the TDS attorney can likely prevent the Soldier from receiving the punishment. Also, before receiving an Article 15, a Soldier can present witnesses on his behalf, make a statement, or turn down the Article 15. Additionally, he can appeal whatever punishment is given. If a first line supervisor decides to mete out punishment as he sees fit, he really isn’t doing anyone a favor.

MAJ White, ILE student, Fort Belvoir

I think I see the point you are trying to make, but I respectfully disagree. If I involved my Commander for every punishable offense under the UCMJ we would not be able to conduct any other business. Their are certain things that I do for my Commander in a responsible manner that help maintain good order and discipline in the unit, and he is happy for it.