Army Counseling, violating article 78 of the UCMJ, helping criminals

DEVELOPMENTAL COUNSELING FORM
For use this form see FM 22-100

DATA REQUIRED BY THE PRIVACY ACT OF 1974

AUTHORITY: 5 USC 301, Departmental Regulations; 10 USC 3013, Secretary of the Army and E.O. 9397 (SSN)
PRINCIPAL PURPOSE: To assist leaders in conducting and recording counseling data pertaining to subordinates
ROUTINE USES: For subordinate leader development IAW FM 22-100 leaders should use this form as necessary
DISCLOSURE: Disclosure is voluntary

PART I - ADMINISTRATIVE DATA

Name (Last, First, MI)

Rank/Grade

Social Security No.

Date of Counseling

Organization

Name and Title of Counselor

PART II - BACKGROUND INFORMATION

Purpose of Counseling: (Leader states the reason for the counseling, e.g. Performance/Professional or Event-Oriented counseling and includes the leaders facts
and observations prior to the counseling)

Event-Oriented: Violation of Article 78 (Accessory after the fact) of the Uniform Code of Military Justice in that on or about (date) you knowingly
assisted (Soldiers Name) in his/her efforts to conceal his/her crime/self

PART III - SUMMARY OF COUNSELING
Complete this section during or immediately subsequent to the counseling

Key Points of Discussion:

knowingly aiding or abetting a person who has committed a criminal act is a crime. By engaging in such conduct, you aided
a thief in covering his/her steps and profiting from his/her criminal conduct. Be advised that if found guilty as an accessory
after the fact you could receive a maximum punishment of___________________. By engaging in such misconduct you
have brought great discredit upon yourself and the United States Army. Further misconduct by you of any type will not be
tolerated further more I am recommending that the commander impose nonjudicial punishment for your misconduct.

You are here by notified that if this type of conduct continues, actions may be initiated under the Uniform Code of Military
Justice to separate you from the Army prior to your scheduled ETS Date IAW AR 635-200. If you are involuntary
separated, you could receive an Honorable Discharge, a General (Under Honorable Conditions) Discharge, or a Under
Other Than Honorable Conditions Discharge. If you receive a discharge Under Other Than Honorable Conditions, you will
be ineligible for reenlistment and for most benefits, including payments of accrued leave, transitional benefits, the
Montgomery GI Bill, VA benefits, and You may also face difficulty in obtaining civilian employment.

                                                                                       OTHER INSTRUCTIONS
This form will be destroyed upon reassignment (other than rehabilitative transfers), separations at ETS, or upon retirement. For separation requirements and
                                                                       notification of loss of benefits/consequenses see local directives and AR 635-200

Download and make changes to DA Form 4856 Counseling for violation of Article 78
Accessory after the fact of the UCMJ Requires Pure edge viewer

Article 78 Accessory after the fact: Any person who knowingly receives, comforts, or assists someone that has committed a criminal
offense, in order to hinder or prevent his/her apprehension, trial, or punishment will be punished under article 78.

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