A publication from the Office of the Staff Judge Advocate of the Puerto Rico National Guard,

1. FOR COMMENTS, SUGGESTIONS, QUESTIONS AND CONCERNS E-MAIL US AT: Theadvocate.prng@gmail.com
BARS TO REENLISTMENT IN THE ARNG
A bar to reenlistment is the administrative tool commanders use to deny reenlistment to soldiers thought to be substandard.
Army Regulation (AR) 601-280 sets forth policies and procedures for the Army’s retention/reenlistment program. The AR is clear that
only soldiers of “high moral character, personal competence, and demonstrated adaptability” to the requirements of military service
will be reenlisted into the Army. With that standard, the AR authorizes bars for soldiers whose immediate separation is not warranted,
but whose reenlistment is not in the best interest of the Army. The focus is on service beyond ETS, not on forcing the soldier out prior
to ETS. Honorable service (the absence of misconduct) does not prevent a bar to reenlistment. (Continued on Page 10)
VOLUME 3ISSUE 2 APRIL—MAY 2013
A PUBLICATION FROM THE
OFFICE OF THE STAFF JUDGE ADVOCATE
THE LAUTENBERG AMENDMENT
THE LAUTENBERG AMENDMENT is
a supplement to the Gun Control Act of
1968. It became law on September 30,
1996. This article incorporates Depart-
ment of Defense (DoD) and Department
of Army (DA) guidance, and it applies to
the Puerto Rico National Guard. In gen-
eral the Amendment makes it a felony
for anyone convicted of a misdemeanor
crime of domestic violence to ship, trans-
port, possess, or receive firearms or am-
munition. It is also a felony for any per-
son to sell or otherwise dispose of a fire-
arm to anyone known to have such a
conviction.
TO WHOM DOES THE LAW APPLY?
The law applies to all soldiers
throughout the world who have been
convicted of a “misdemeanor crime of
domestic violence.” The law also applies
to anyone who issues or sells a weapon
to someone with a qualifying conviction.
Accordingly, if a soldier who has been
convicted of a misdemeanor crime of
domestic violence is issued a military
weapon, both the soldier and the com-
mander who knew of the conviction and
yet authorized issuance of a weapon
would be in violation of the law. Both
Army issue and privately owned weap-
ons fall within the scope of the law.
WHEN DOES THE LAW APPLY?
The Amendment has a six-part test
(see below) for determining whether an
individual has committed a
“misdemeanor crime of domestic vio-
lence.”
(Continued on Page 2)
The
 ETHICS MATTERS:
Government Travel Cards . . . . . .14
 FROM THE FTC:
The Credit Repair Organizations
Act . . . . . . . . . . . . . . . . . . . . . . . 15
AT THE MOVIES:
ZERO DARK THIRTY . . . . . . . . . . . . . 16
JAG BOOKSHELF:
THE FINISH: THE KILLING OF
OSAMA BIN LADEN . . . . . . . . . . . . . 16
 HEY. . . COMMANDER:
BARS TO REENLISTMENT. . . . . . . . . . . . 10
 TALKING ABOUT:
ARMY COUNSELING
IN THE 21ST CENTURY . . . . . . . . . . . . . .11
 THE ARMY’S LEGAL EAGLES:
(from NCO Journal). . . . . . . . . . . . . 4
 FROM THE CHIEF PARALEGAL NCO:
IT’S ALL ABOUT SERVICE . . . . . . . . . . . 7
AdvocateAdvocate

2. sess firearms or ammunition,
and advise the soldier to
dispose of privately-owned
firearms and ammunition
lawfully. The commander
should detail the soldier to
duties that do not require the
bearing of weapons or am-
munition. No adverse action
may be taken solely on the
basis of a soldier’s inability to possess a
weapon if the act of domestic violence lead-
ing to the conviction occurred on or before
September 30, 1996. Commanders may initi-
ate adverse action (e.g. bar to reenlistment,
administrative elimination) if the act of do-
mestic violence occurred after September
30, 1996 after providing a soldier reasonable
time to seek expunction or a pardon. If a
soldier indicates that he does not know
whether he has a qualifying conviction, the
commander should grant the soldier a rea-
sonable amount of time to make an inquiry
to appropriate authorities, but should sus-
pend the soldier’s authority to possess fire-
arms and ammunition during the period
granted to conduct the inquiry. In all cases,
the commander should consult the Office of
the Staff Judge Advocate to ensure that the
law applies to a soldier before action is taken
to comply with the law.
HOW WILL THE ARMY NATIONAL
GUARD DISCOVER QUALIFYING
CONVICTIONS?
Commanders will notify all soldiers that
it is unlawful to possess firearms and ammu-
nition if they have a conviction of a misde-
meanor crime of domestic violence. Com-
manders will conduct local unit personnel
files checks and will report through com-
mand channels soldiers known to have quali-
fying convictions and soldiers reasonably
believed to have such convictions.
2
(Continued from Page 1)
In order for the Amendment to apply to
an individual, that individual must have been
convicted of a misdemeanor crime, the of-
fense must have involved the use or at-
tempted use of physical force or the threat-
ened use of a deadly weapon, and the indi-
vidual must have had a familial or family-
like relationship with the victim. The three
remaining portions of the six-part test are
whether the individual was represented by
an attorney, whether the case was tried be-
fore a jury, and whether the conviction has
been expunged or the individual pardoned.
Of particular note to soldiers, the Lauten-
berg language does NOT apply to summary
court-martial convictions, imposition of non-
judicial punishment (Article 15), or deferred
prosecutions (or similar alternative disposi-
tion) in a civilian court.
WHAT SHOULD SOLDIERS DO?
Soldiers who are concerned that the
Amendment applies to them should contact
their attorney or the Legal Assistance Office
for an appointment for help in determining
their legal status. The soldier should attempt
to get a record of the conviction prior to the
appointment. Additionally, if soldiers are
pending misdemeanor charges in civilian
court systems for domestic violence, a legal
assistance attorney can advise them about
the impact of a conviction and any options
available for deferred adjudication or alter-
nate resolution.
WHY SHOULD SOLDIERS SEEK
LEGAL ASSISTANCE?
Depending on when the domestic vio-
lence occurred, the related conviction may
be the basis for separation from the Army
National Guard. The conviction also may be
the basis for other administrative actions,
such as reclassification or reassignment.
WHAT SHOULD COMMANDERS DO?
If a commander knows or has reasonable
cause to believe a soldier has been convicted
of a misdemeanor crime of domestic vio-
lence, the commander should not issue gov-
ernment-owned or privately-owned firearms
or ammunition to that soldier. If the soldier
has an issued weapon and/or ammunition,
the commander should retrieve it immedi-
ately, suspend the soldier’s authority to pos-
Conviction of a “misdemeanor crime of
domestic violence” as defined in the amend-
ment does not include a summary court-
martial conviction or imposition of non-
judicial punishment (Article 15, UCMJ), or
deferred prosecutions (or similar alternative
dispositions) in a civilian court. The recent
amendment should not be construed to apply
to major military weapons systems or “crew
served” military weapons and ammunition
(tanks, missiles, aircraft, etc.) absent an
opinion from the Department of Treasury to
the contrary. The amendment shall be con-
strued to apply outside United States terri-
tory as a matter of DoD policy.
ELEMENTS OF MISDEMEANOR
CONVICTION OF DOMESTIC
VIOLENCE
A person shall not be considered as having
committed a “misdemeanor crime of domes-
tic violence” for purposes of the firearms
restriction recently added to the Gun Control
Act unless all of the following six elements
are present:
 the person was convicted of a misde-
meanor crime;
 the offense had as an element the use or
attempted use of physical force, or
threatened use of a deadly weapon;
 the convicted offender was at the time
of the offense:
 a current or former spouse, parent
or guardian of the victim,
 a person with whom the victim
shared a child in common,
 a person who was cohabitating
with or has cohabitated with the
victim as a spouse, parent, or
guardian, or
 a person who was similarly situated
to a spouse, parent, or guardian of
the victim;
 the convicted offender was represented
by counsel, or knowingly and intelli-
gently waived the right to counsel;
 if entitled to have the case tried by jury,
the case was actually tried by a jury or
the person knowingly and intelligently
waived the right to have the case tried
by a jury, and;
 the conviction has not been expunged or
set aside, or the convicted offender has
not been pardoned for the offense or
had civil rights restored, unless the par-
don, expungement, or restoration of
civil rights provides that the person may
not ship, transport, possess, or receive
firearms.

3. 3
ABOUT DOMESTIC VIOLENCE
Domestic violence, also known as do-
mestic abuse, spousal abuse, battering,
family violence, and intimate partner vio-
lence (IPV), is a pattern of behavior which
involves the abuse by one partner against
another in an intimate relationship such as
marriage, cohabitation, dating or within the
family. Domestic violence can take many
forms, including physical aggression or as-
sault (hitting, kicking, biting, shoving, re-
straining, slapping, throwing objects, bat-
tery), or threats thereof; sexual abuse; emo-
tional abuse; controlling or domineering;
intimidation; stalking; passive/covert abuse
(e.g., neglect); and economic deprivation.
Alcohol consumption and mental illness
can be co-morbid with abuse, and present
additional challenges in eliminating domes-
tic violence. Awareness, perception, defini-
tion and documentation of domestic violence
differ widely from country to country, and
from era to era.
Domestic violence and abuse is not lim-
ited to obvious physical violence. Domestic
violence can also mean endangerment,
criminal coercion, kidnapping, unlawful
imprisonment, trespassing, harassment, and
stalking.
AROUND THE WORLD
Laws on domestic violence vary by coun-
try; while it is generally outlawed in western
society, this not the case in many developing
countries. For instance, in 2010, the Su-
preme Court of United Arab Emirates ruled
that a man has the right to physically disci-
pline his wife and children as long as he
does not leave physical marks. The social
acceptability of domestic violence also dif-
fers by country. While in most developed
countries domestic violence is considered
unacceptable by most people, in many re-
gions of the world the views are different:
according to a UNICEF survey, the percent-
age of women aged 15–49 who think that a
husband is justified in hitting or beating his
wife under certain circumstances is, for ex-
ample: 90% in Jordan, 85.6% in Guinea,
85.4% in Zambia, 85% in Sierra Leone,
81.2% in Laos, and 81% in Ethiopia.
In the US, approximately 46 States, the
District of Columbia, American Samoa,
Guam, the Northern Mariana Islands, the
U.S. Virgin Islands and Puerto Rico define
domestic violence in their civil statutes.
These statutes typically are found in domes-
tic relations laws but also may be found in
family or social services laws, and they pro-
vide a means for victims of domestic vio-
lence to obtain civil orders of protection and
other protective services.
IN THE UNITED STATES
Approximately 40 States, the Virgin Is-
lands, and Puerto Rico list in their statutes
specific acts that constitute domestic vio-
lence. Most common among these are sexual
assault, assault or battery, causing physical
harm or serious injury, threatening or plac-
ing a victim in fear of harm, harassment,
stalking, trespassing, damage to property,
kidnapping, and unlawful restraint. Approxi-
mately 11 States and Puerto Rico include
child abuse in their civil definitions of do-
mestic violence. The civil definitions in
Colorado include violence or threatened
violence against an animal that is owned by
a victim of domestic violence, and injuring
or killing an animal as a means of harassing
a person is considered domestic violence in
Nevada.
CRIMINAL LAWS
Approximately 34 States, American Sa-
moa, Guam, and Puerto Rico define domes-
tic violence in their criminal or penal codes.
These definitions generally describe acts that
can lead to arrest and misdemeanor or felony
prosecution.
In criminal laws, domestic violence may
be defined as "any criminal offense involv-
ing violence or physical harm or threat of
violence or physical harm" committed by
one family or household member against
another. Other terms used across the States
include "domestic assault," "domestic bat-
tery," "domestic abuse," or "assault against a
family or household member." The specific
language and terminology used by States in
criminally defining domestic violence varies
considerably.
Approximately 16 States, American Samoa,
and Puerto Rico list in their statutes specific
acts that constitute domestic violence. Most
common among these are assault or battery,
sexual assault, harassment, stalking, tres-
passing, kidnapping, and burglary or rob-
bery. Arizona, Utah, and American Samoa
include child abuse in their criminal defini-
tions of domestic violence. Animal cruelty is
included in the criminal definitions in Ar-
kansas.
PERSONS INCLUDED
IN THE DEFINITIONS
In all States, the District of Columbia, the
U.S. territories, and Puerto Rico the statutes
specify that only persons who have some
sort of personal relationship are protected by
the domestic violence laws. The most com-
mon relationships listed include spouses and
former spouses, persons who are currently
living together, who have previously lived
together, are involved or were previously
involved in a dating or intimate relationship,
or who have a child in common, whether or
not they have ever lived together.
Approximately 34 States, American Sa-
moa, Guam, the Northern Mariana Islands,
the Virgin Islands and Puerto Rico, include
children as a class of protected persons
within their definitions of domestic violence.
Most commonly, a child who is a member of
the household or a child of either adult in the
relationship is protected. Seven States and
Puerto Rico specifically include grandchil-
dren as protected persons. Four States in-
clude foster children. Foster parents are in-
cluded as protected persons in seven States.

4. 4
Published as a Courtesy from NCO JOURNAL

5. 5
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6. 6

7. 7

8. 8

9. 9
AFTER reading NCO Journal’s
excellent article on the job done
by Army Paralegals, it got me
thinking. It seems curious to me
that when one of our judge advo-
cates or paralegals walk along
PRNG Headquarters to one of
the many offices we may visit in
the course of our duties, many
people may think at times that
someone is in trouble, or some-
thing bad is about happen. Well,
that may be the case, but most of
the time we’re just looking for
assistance to resolve some situation brought
to our attention by one of the many soldiers,
airmen and their families who come by the
Office of the Staff Judge Advocate on a
daily basis.
As part of the Judge Advocate General’s
Corps we’ve always had a clear understand-
ing of what our mission entails; to develop,
employ, and retain One Team of proactive
professionals, forged by the warrior ethos,
who deliver principled counsel and mission‐
focused legal services to the Army and the
Nation. It’s all about service.
It’s the kind mentality that should be a
permanent part of our institution, and which
sometimes gets lost in the hustle and bustle
of everyday work. As a result, some choose
not to seek out proper assistance, because
they feel that they will not, or cannot obtain
it. We see this many times when people are
referred to our office by other sections for
any reason, not necessarily being a matter
for the legal office, and which could have
been solved just as easily, by making the
extra effort of doing a simple internet search.
As consequence, our paralegals, regard-
less of their individual backgrounds and
civilian experiences, have to be very creative
and versed in many areas of everyday situa-
tions, in order to provide that assistance
many have come to expect. More than what
their job description as 27Ds MOS might
entail, our paralegals have met the challenge
head on by educating themselves in numer-
ous fields, many way off the beaten path of
what their administrative qualifications are
“supposed” to be.
The most common scenario we encounter
while providing legal assistance to our cli-
ents, is the infamous “Someone told me
that…”, as in someone told me that I can do
this or that, or whatever. There have always
been what we in popular slang call “barracks
lawyers” (abogados de pasillo), persons who
believe they know what needs to
be done and what the rules say.
They mean well, but more often
than not, they are not correct in
their assessments. Many have
gone by what these “barracks
lawyers” advise them, and have
found themselves in troublesome
situations.
We’ve made efforts to get the
right information out to service
members and their families, in an
attempt to minimize the ill effects
of the “barracks lawyer”. This
publication, The Advocate, is one
of such efforts, and thankfully, it
has been widely accepted by the
National Guard community here
and in the Continental US. It is
our hope that through our preven-
tive law program, we can assist
you in preemptively addressing
any legal concerns you may have. The para-
legals and judge advocates in our OSJA have
the proper training, knowledge and experi-
ence to provide you with the right informa-
tion. Give them the opportunity to serve you
as they have served many others in our Na-
tional Guard.
One Team! It’s all about service.
SFC Francisco I. Chiroque, J.D.
CPNCO, Puerto Rico National Guard
Sonia Marisa Franco López was born
in Toa Baja Puerto Rico. She joined the
Puerto Rico Army National Guard in Janua-
ry of 1983 and was a part of the Quartermas-
ter Corps; Chief Warrant Officer 3 Franco
passed away on March 28, 2013; she was 53
years old. At the time of her passing she was
assigned to the Puerto Rico Army National
Guard Element Joint Force Headquarters,
after a career that lasted more than 30 years
of Honorable service as a military member
and technician.
Chief Franco’s awards and decorations
include the Meritorious Service Medal, the
Army Commendation Medal (2), the Army
Achievement Medal, the Army Reserve
Component Achievement Medal (2), the
National Defense Service Medal (2), the
Global War on Terrorism Expeditionary
Medal, the Global War on Terrorism Service
Medal, the Noncommissioned Officer
(NCO) Professional Development Ribbon
(2), the Army Service Ribbon, the Overseas
Service Ribbon, the Armed Forces Reserve
Medal with M Device and the NATO non-
Article 5 Medal.
I had the privilege of meeting CW3
Franco, during our service in 2010-2011
with the 92nd
MEB to Kosovo, in support of
KFOR13. She was a special person and an
outstanding officer, who always had the
welfare of her colleagues and subordinates
above her own. She always had a smile, a
kind comment and a warm embrace for all of
us. She lived by the army values of Loyalty,
Duty, Respect, Selfless Service, Honor, In-
tegrity and Personal Courage; and though
the Puerto Rico National Guard shines a
little less brighter without her, she leaves
behind an example of dedication to service
and work ethic that all of us should aspire to
achieve. I and many others, who knew her
through the years, will miss her very much.
Rest in Peace old friend.
(By: Sgt. Javier Fontánez and the Staff at The Advocate)
Sonia M. Franco
Chief Warrant Officer 3
Oct 20, 1959 - Mar 28, 2013

10. 10
(Continued from Page 1)
CRITERIA
There are three criteria justifying initiation of a
Bar to Reenlistment. In accordance with AR 601-
280, bars are appropriate for soldiers who are un-
trainable; unsuitable; or unable to work-up a fam-
ily care plan.
Un-trainable simply means the particular sol-
dier has, despite repeated attempts, failed to
meet minimum professional standards. Inability to
perform basic tasks associated with their MOS,
repeated failure of the Army Physical Fitness
Test, or repeated failure to qualify with their as-
signed weapon are all examples of un-trainability.
Unsuitability is different in that the focus is
more on attitude and motivation. The focus is on
whether the soldier presents proper military bear-
ing and whether the soldier refuses, or is other-
wise unable, to adapt to the military lifestyle.
Questionable off-duty conduct not amounting to
misconduct may justify a bar on this ground.
Finally, single soldiers with dependent family
members or dual military couples with depend-
ents, who are unable to craft an acceptable family
care plan, are subject to a bar.
PROCEDURE
Any commander in a soldier’s chain of command
may initiate a bar. Normally, the soldier’s com-
pany-level commander will initiate the action
because he or she is most likely to have direct
contact with the soldier, and be most aware of the
soldier’s successes and shortcomings. A bar is
initiated using DA Form 4126-R. Once the bar is
initiated, the commander will present it to the
soldier. The soldier will then have 7 days to sub-
mit a rebuttal statement. If the commander deter-
mines the bar is still warranted, it will be for-
warded up the chain of command for approval or
disapproval.
Upon receipt of the comment of the Soldier, or
the Soldier's refusal to comment, the certificate
will be endorsed personally by each commander
in the chain of command, and approved or disap-
proved by the appropriate authorities as shown in
(1), (2) or (3) below.
(1) For Soldiers with less than ten years of
qualifying service for retired pay at ETS, the ap-
proval/disapproval authority is the first com-
mander, Lieutenant Colonel (O-5) or above, in
the Soldier's normal chain of command. No dele-
gation of authority is authorized.
(2) For Soldiers with at least ten but less than
18 years of qualifying service for retired pay at
ETS, those with more than 20 years of service at
ETS, and those when action is taken to extend
the Soldier to complete 20 years of service, the
approval/disapproval authority is the first com-
mander, Colonel (O-6) or above, in the Soldier's
normal chain of command. No delegation of au-
thority is authorized.
(3) Soldiers, who upon ETS, will have at least
18 but less than 20 years of qualifying service,
will be allowed to extend to the point where they
could attain 20 years. They may, after the exten-
sion is executed, be barred. The approval/
disapproval authority for this bar is TAG. These
Soldiers may be processed for separation before
they attain 20 years of service but will not be
separated before that point without approval of
Chief, NGB.
Any of these higher level commanders may
disapprove the proposed bar.
APPEALS
When the BAR has been approved, the Sol-
dier's unit commander will use a counseling state-
ment to inform the Soldier of the right of appeal
within 15 days. The appeal will be forwarded
through command channels, endorsed personally
by each commander, and approved or disap-
proved within 30 days by the authorities shown
below.
(1) Soldiers with less than ten years of qualify-
ing service for retired pay at ETS, the appeal
approval/disapproval authority is the first com-
mander, COL or above, in the Soldier's normal
chain of command.
(2) Soldiers with ten or more years of qualifying
service and those with more than 20 years for
retired pay at ETS, the approval/disapproval
authority is TAG. Those with 18 or 19 years ser-
vice will be extended to 20 years.
When NGB Form 602-R BAR has been ap-
proved by the appropriate authority, the custodian
of the Soldier's personnel records will:
(1) Give the original to the Soldier.
(2) Submit a copy to the State PSB/PSC via
iPERMS (PSDR clerks).
An entry "Not recommended for further ser-
vice" will be made on DA Form 1315 (Retention
Data Card) or a localized approved substitute.
An approved BAR will be reviewed by the
appropriate unit commander every six months
(for M-Day Soldiers) or three months (for AGR
Soldiers) after the date of approval, and 30 days
before the Soldier's scheduled departure from the
unit or discharge from the service.
If, upon review, the commander feels the
BAR should remain in effect, the custodian of the
Soldier's personnel record will be notified and will
enter on the Soldier's DA Form 2-1, "Bar to re-
enlistment, immediate reenlistment or extension
reviewed; not recommended for removal (date)."
The unit commander will make the same remark
on DA Form 1315 and will notify the Soldier by
providing a reproduced copy of NGB Form 602-
R.
A recommendation to remove a BAR may be
submitted at any time by the Soldier's unit com-
mander, if the Soldier has proven worthy of reten-
tion in the ARNG/ARNGUS.
(1) Recommendations to remove a BAR will
be submitted in writing through the chain of com-
mand and will be endorsed personally by each
commander.
(2) Approval to remove a BAR may be granted
by the same authority that approved the BAR
originally or, if the Soldier has moved to another
jurisdiction, by a comparable commander in that
jurisdiction.
(3) The approved recommendation removing
the BAR will be maintained in the appropriate unit
file. NGB Form 602-R BAR will be removed and
destroyed. The remark "Not recommended for
further service" and an entry pertaining to "Bar to
immediate reenlistment review; not recom-
mended for removal (date)" will be deleted from
DA Form 2-1, per AR 600-8-104 (Military Person-
nel Information Management/Records). The
same remarks on the DA Form 1315 will be
erased. The Soldier concerned will be given a
copy of the approved recommendation removing
the BAR.
If at the time of the second six month (for M-
Day) or three month (for AGR) review of a locally
imposed BAR to reenlistment, the commander
does not recommend that the BAR be removed,
the commander will process the Soldier for sepa-
ration per NGR 600-200 and the appropriate
chapter(s) of AR 135-178. The term processed
for separation means that separation action will
be initiated and processed through the chain of
command to the separation authority for appropri-
ate action. Compliance with AR 135-178, para-
graph 1-12 is mandatory. The unit and intermedi-
ate commanders will recommend separation or
retention and the characterization of service to be
awarded. See subparagraph k below for special
provisions for Soldiers barred for APFT failure.
Processing for separation will be initiated after
the first review for Soldiers who receive a locally
imposed BAR to reenlistment after the second
failure of the APFT. Soldiers who receive a locally
imposed BAR after the first APFT failure will be
processed for separation after the second review.
DISCHARGE WITH A BAR
NGB Form 22 (Report of Separation and Record
of Service) of otherwise qualified Soldiers, who
are discharged with a BAR in effect, will be anno-
tated "Bar to Reenlistment or Extension (dated) in
effect on the date of discharge' in the remarks
section, block 18. Block 26, Reenlistment Eligibil-
ity, will be coded RE 3.

11. COUNSELING is a type of communication
that leaders use to empower soldiers to
achieve goals. It is much more than provid-
ing feedback or direction. It is communica-
tion aimed at developing a soldier’s ability
to achieve individual and unit goals. Soldiers
want to be counseled and will respond to
counseling because they want to know what
it takes to be successful in today’s Army.
Regardless of your leadership position, your
soldiers see you as successful simply be-
cause you have achieved the level they are
striving to accomplish. Leaders must provide
each of their soldiers with the best possible
road map to success. Today’s leader-
ship doctrine incorporates this defini-
tion in subordinate-centered commu-
nication, which leads to the achieve-
ment of individual and unit goals.
Leadership
Influencing people by providing
purpose, motivation, and direction
while operating to accomplish the
mission and improve the organiza-
tion.
Army Values
Loyalty, Duty, Respect, Selfless
Service, Honor, Integrity, & Personal
Courage.
The Army Values of Loyalty, Duty, &
Selfless Service require us to counsel. The
Army Values of Honor, Integrity, & Per-
sonal Courage require us to give straightfor-
ward Feedback. The Army Value of Respect
requires us to find the best way to communi-
cate that feedback.
Leadership Doctrine
Army Leadership; FM 6-22, 12 October
2006, Appendix “B”- Counseling
(Supersedes FM 22-100)
Competent leaders of character are neces-
sary for the Army to meet the challenges in
the dangerous and complex security environ-
ment we face. FM 6-22 is the Army’s key-
stone field manual on leadership. It estab-
lishes leadership doctrine and fundamental
principles for all officers, noncommissioned
officers, and Army civilians across all com-
ponents.
This manual uses the BE-KNOW-DO
concept to express what is required of Army
leaders. It is critical that Army leaders be
agile, multi-skilled pent athletes who have
strong moral character, broad knowledge,
and keen intellect. They must display these
attributes and leader competencies bound by
the concept of the Warrior Ethos. Leaders
must be committed to lifelong learning to
remain relevant and ready during a career of
service to the Nation.
Army leaders must set the example,
teach, and mentor, and this manual provides
the principles, concepts, and training to ac-
complish this important task on which
America depends.
Counseling perceptions
Counseling is generally perceived as be-
ing negative; normally associated with an
evaluation requirement, problem, or poor
performance. Documenting counseling is
seen as bad news - writing things down is
perceived as negative. This may be a fair
assessment considering current counseling
techniques, which for the most part are usu-
ally one way/directives (I talk, you listen),
that do not result in a concrete action plan
and are based purely on past performance.
Counsel
Webster’s Dictionary defines counsel as-
a : advice given especially as a result of
consultation b : a policy or plan of action or
behavior
FM 6-22 defines counseling as the proc-
ess used by leaders to review with a subordi-
nate the subordinate’s demonstrated per-
formance and potential.
Counseling is one of the most important
leadership development responsibilities for
Army leaders. The Army’s future and the
legacy of today’s Army leaders rests on the
shoulders of those they help prepare for
greater responsibility.
Developmental Counseling
Purpose
To develop subordinates to achieve per-
sonal, professional development and organ-
izational goals and to prepare them for in-
creased responsibilities.
Types of Developmental counseling
Developmental counseling is cate-
gorized by the purpose of the session.
The three major categories of develop-
mental counseling are:
 Event counseling.
 Performance counseling.
 Professional growth counseling.
Event Counseling
Event-oriented counseling involves
a specific event or situation. It may
precede events such as appearing be-
fore a promotion board or attending
training. It can also follow events such
as noteworthy duty performance, a problem
with performance or mission accomplish-
ment, or a personal issue. Examples of event
-oriented counseling include the following:
 Instances of superior or substandard
performance.
Reception and integration counseling.
Crisis counseling.
Referral counseling.
Promotion counseling.
Separation counseling.
Counseling for Specific Instances
Sometimes counseling is tied to specific
instances of superior or substandard duty
performance. Leaders use counseling ses-
sions to convey whether or not the perform-
ance met the standard and what was done
right or wrong. Successful counseling for
specific performance occurs as close to the
event as possible. Leaders should counsel
subordinates for exceptional as well as sub-
standard duty performance. The key is to
strike a balance between the two.
11

12. What to Do?
 Explain the purpose of the counseling -
what was expected, and how the subor-
dinate failed to meet the standard.
 Address the specific unacceptable be-
havior or action - do not attack the per-
son’s character.
 Explain the effect of the behavior, ac-
tion, or performance on the rest of the
organization.
 Actively listen to the subordinate’s re-
sponse.
 Remain neutral.
 Teach the subordinate how to meet the
standard.
 Be prepared to do some personal coun-
seling, since a failure to meet the stan-
dard may be related to or be the result
of an unresolved personal problem.
 Explain to the subordinate how an indi-
vidual development plan will
improve performance and iden-
tify specific responsibilities in
implementing the plan. Continue
to assess and follow up on the
subordinate’s progress. Adjust
the plan as necessary.
Professional Growth Counseling
Professional growth counseling in-
cludes planning for the accomplish-
ment of individual and professional
goals. During the counseling, leader
and subordinate conduct a review to
identify and discuss the subordinate’s
strengths and weaknesses and to cre-
ate an individual development plan
that builds upon those strengths and com-
pensates for (or eliminates) weaknesses.
The Leader as a Counselor
Developmental counseling must be a shared
effort. Leaders assist in identifying strengths
and weaknesses and creating plans of action.
Once a plan is agreed upon, support the Sol-
dier throughout the plan implementation and
continued assessment. To achieve success,
soldiers must be forthright in their commit-
ment to improve and candid in their own
assessments and goal setting.
While it is not easy to address every possible
counseling situation, leader self-awareness
and an adaptable counseling style focusing
on key characteristics will enhance personal
effectiveness as a counselor. These key char-
acteristics include:
 Purpose: Clearly define the purpose of
the counseling.
 Flexibility: Fit the counseling style to
the character of each subordinate and to
the relationship desired.
 Respect: View subordinates as unique,
complex individuals, each with a dis-
tinct set of values, beliefs, and attitudes.
 Communication: Establish open, two-
way communication with subordinates
using spoken language, nonverbal ac-
tions, gestures, and body language. Ef-
fective counselors listen more than they
speak.
 Support: Encourage subordinates
through actions while guiding them
through their problems.
Qualities of the Counselor
Army leaders must demonstrate certain
qualities to be effective counselors. These
qualities include respect for subordinates,
self-awareness and cultural awareness, em-
pathy, and credibility. Self-aware Army
leaders consistently develop and improve
their own counseling abilities. The tech-
niques needed to provide effective counsel-
ing vary from person to person and session
to session. However, general skills that lead-
ers will need in almost every situation in-
clude active listening, responding, and
questioning.
Active Listening
Active listening helps communicate recep-
tion of the subordinate’s message verbally
and nonverbally. To capture the message
fully, leaders listen to what is said and ob-
serve the subordinate’s manners.
Responding
A leader responds verbally and nonverbally
to show understanding of the subordinate.
Verbal responses consist of summarizing,
interpreting, and clarifying the subordinate’s
message. Nonverbal responses include eye
contact and occasional gestures such as a
head nod.
Questioning
Although focused questioning is an impor-
tant skill, counselors should use it with cau-
tion. Too many questions can aggravate the
power differential between a leader and a
subordinate and place the subordinate in a
passive mode. The subordinate may also
react to excessive questioning as an intrusion
of privacy and become defensive. During a
leadership development review, ask ques-
tions to obtain information or to get the sub-
ordinate to think deeper about a particular
situation. Questions should evoke more than
a yes or no answer. Well-posed questions
deepen understanding, encourage further
explanation, and help the subordinate per-
ceive the counseling session as a construc-
tive experience.
Counseling Errors
Dominating the counseling by talking too
much, giving unnecessary or inappropriate
advice, not truly listening, and projecting
personal likes, dislikes, biases, and preju-
dices all interfere with effective counseling.
Competent leaders avoid rash judgments,
stereotyping, losing emotional control, in-
flexible counseling methods, or improper
follow-up.
Accepting Limitations
Army leaders cannot help everyone in
every situation. Recognize personal
limitations and seek outside assis-
tance, when required. When neces-
sary, refer a subordinate to the agency
more qualified to help.
The Four Stage Counseling Process
 Identify the need for counseling.
 Prepare for counseling.
 Conduct counseling.
 Follow-up.
Identify the Need
Usually organizational policies focus
a counseling session. However, leaders may
conduct developmental counseling whenever
the need arises for focused, two-way com-
munication aimed at soldier’s development.
Developing subordinates consists of observ-
ing the subordinate’s performance, compar-
ing it to the standard, and then providing
feedback to the subordinate in the form of
counseling.
Prepare
Successful counseling requires preparation
in the following seven areas:
 Select a suitable place.
 Schedule the time.
 Notify the subordinate well in advance.
 Organize information.
 Outline counseling session components.
 Plan the counseling strategy.
 Establish the right atmosphere.
12

13. 13
Conduct Counseling Session
Leaders use a balanced mix of formal and
informal counseling and learn to take advan-
tage of everyday events to provide soldiers
with feedback. Counseling opportunities
often appear when leaders encounter subor-
dinates in their daily activities in the field,
motor pool, barracks, and wherever else
Soldiers perform their duties. Even during ad
-hoc counseling, leaders should address the
four basic components of a counseling ses-
sion:
 Opening the session.
 Discussing the issues.
 Developing a plan of action.
 Recording and closing the session.
Follow Up
Leader Responsibilities
The counseling process does not end with
the initial counseling session. It continues
throughout the implementation of the plan of
action, consistent with the observed results.
Leaders must consistently support their sub-
ordinates in implementing the plan of action
by teaching, coaching, mentoring, or provid-
ing additional time, referrals, and other ap-
propriate resources. Additional measures
may include more focused follow-up coun-
seling, informing the chain of command, and
taking more severe corrective measures.
Assess the Plan of Action
During assessment, the leader and the subor-
dinate jointly determine if the desired results
were achieved. They should determine the
date for their initial assessment during the
initial counseling session. The plan of action
assessment provides useful information for
future follow-up counseling sessions.
The Developmental Counseling Form
The Developmental Counseling Form (DA
Form 4856) is designed to help Army lead-
ers conduct and record counseling sessions.
Leaders must decide when counseling, addi-
tional training, rehabilitation, reassignment,
or other developmental options have been
exhausted.
The Importance of Praise to a Soldier
Successful leaders use praise effectively.
Identifying shortcomings and then telling
soldiers what must be improved are a
leader’s responsibility. Praising soldiers for
their improvement and proper performance
is even more important.
Sincere and honest praise lets soldiers know
that their leader appreciates their efforts.
Praising subordinates is a simple act that
takes little time but will provide many bene-
fits. With a few positive, encouraging words
and a pat on the back, the leader can recog-
nize and reinforce desired behavior and per-
formance. A soldier who feels that his best
efforts are valued by his leader is likely to
continue in those efforts.
It is important that the soldier know he is
viewed as a valuable member of the unit.
With praise, leaders can create and reinforce
a positive self-image in their soldiers, mak-
ing them feel like winners. This is most de-
sirable in confusing or unclear situations
where the soldier is trying to do the right
thing but is uncertain of his actual perform-
ance.
Some soldiers are assigned necessary but
boring and not challenging tasks. They, too,
must be praised for their contributions to the
overall success of the unit. Praise should be
a part of every leader’s normal day-to-day
leadership action. Its contribution to soldier
development cannot be overstated.
Legal Assistance
If you have questions or concerns regarding
proper counseling, you can contact the Of-
fice of the Staff Judge Advocate
at Tel. No. (787) 289-1411

14. manders and supervisors
are responsible for the
effective management of
the Travel Charge Card
Program in their organiza-
tions. Commanders and
supervisors should con-
sider all the facts and
circumstances in reaching
a disposition that is war-
ranted, fair and appropri-
ate.
Commanders and Super-
visors have the following options available
to them:
a. Military Personnel.
When Military personnel misuse a pur-
chase or travel card the options are:
 Counseling
 Admonishment
 Reprimand
 UCMJ (for those under Title 10 USC
jurisdiction)
 Administrative separation
b. Military Technicians
Technician Personnel Regulation (TPR)
52, Disciplinary and Adverse Actions, lists
among its offenses the Misuse of Govern-
ment charge card. These offenses are divided
into two categories:
 Deliberate or negligent travel card mis-
use, abuse, delinquency and fraud
 Purchase card use for deliberate or neg-
ligent illegal, improper or incorrect
purchase.
The regulation, depending on the severity
of the situation, contemplates sanctions
ranging from letters of reprimand, suspen-
sion or removal.
14
Salary Offset
DoD Financial Management Regulation,
Volume 9, Chapter 3 states that upon delin-
quency of a Government Card Holder the
bank can request to DoD, through DFAS to
begin the process of salary offset. All invol-
untary salary offsets are limited to a maxi-
mum of 15% of the employee's disposable
pay. DoDFMR, Volume 8, Chapter 8 estab-
lishes the specific procedure to be followed
in these cases.
Suspension of Security Clearance
The commander or head of agency is
authorized to suspend an individual’s classi-
fied access when it has been reported that
said servicemember or employee has mis-
used or abused his Government travel or
purchase card. The suspension process is
detailed in the Assistant Secretary of De-
fense Memorandum for the Secretaries of
the Military Departments, dated 4 November
2002.
We now face stricter rules for issuing and
tracking government charge cards under the
new Government Charge Card Abuse Pre-
vention Act of 2012. The law re-
quires agencies to create internal
safeguards for spotting and stop-
ping unauthorized purchases, in-
cluding:
 Running credit checks for
travel-card users and restricting
access for those with poor credit
 Maintaining records of
cardholders and their transac-
tion limits
 Periodically reviewing
users to determine if there's if
still a need for them to use
charge cards
 Providing training for charge-
card users and
 Directing agency inspectors general to
conduct periodic risk assessments and
audits to identify fraud.
Conclusion
This is a summary of the current guid-
ance and options available to TAG, com-
manders and supervisors, when cases of
misuse of Government Travel or Purchase
Cards are reported. Each case shall be evalu-
ated by its specific facts and impose the cor-
rective or disciplinary actions that are war-
ranted and appropriate.
As always, if you have any questions
regarding this or any other Ethics matters,
contact the PRNG Office of the Staff Judge
Advocate, at Tel. (787) 289-1411.
By: Maj. William E. O’Connor
Fulltime Judge Advocate
Puerto Rico National Guard
THE ARMY TRAVEL CHARGE CARD
program is part of the Government Travel
Charge Card program, which was imple-
mented to provide a more efficient means of
paying for official travel related expenses for
government travelers. The government travel
charge card is a safe convenient tool you can
use to pay your travel expenses. In fact, the
entire process is very simple. You travel,
you charge official travel expenses to your
travel card and (upon return) you file your
travel claim and use the split disbursement
option to pay off those charges.
This simplicity, however, gets
complicated when you mis-
use your Travel Charge Card.
Since the establishment of the
program the number of cases
of improper use of “the card”
has increased exponentially,
creating a problem of incredible
proportions for not just the
Armed Forces, but the federal
government in general. The
Department of Defense has been
cracking down on these cases of
misuse, and here in the National
Guard, we have begun to do the
same.
Bottom Line… It is Department
of Defense (DoD) policy, that in
each and every case of improper, fraudulent,
abusive or negligent use of a government
purchase or travel charge card by military or
DoD civilian personnel the appropriate cor-
rective or disciplinary action must be taken.
Misuse of a Government charge card
includes any improper or fraudulent use of a
travel charge card, including any use at es-
tablishments or for purposes that are incon-
sistent with the official business of the DoD,
including the Military Services or with ap-
plicable standards of conduct. The current
policies reflect that the best way to prevent
government card misuse is through training,
leadership and discipline. When confronted
with a government card misuse case, simply
ignoring the problem is not an option. Com-

15. profit status — may charge high fees or hide
their fees by pressuring people to make
“voluntary” contributions that only cause
more debt.
If you’re thinking about filing for bank-
ruptcy, be aware that bankruptcy laws re-
quire that you get credit counseling from a
government-approved organization within
six months before you file for bankruptcy
relief. You can find a state-by-state list of
government-approved organizations at
www.usdoj.gov/ust, the website of the U.S.
Trustee Program. That’s the organization
within the U.S. Department of Justice that
supervises bankruptcy cases and trustees. Be
wary of credit counseling organizations that
say they are government-approved, but don’t
appear on the list of approved organizations.
Reputable credit counseling organizations
can advise you on managing your money
and debts, help you develop a budget, and
offer free educational materials and work-
shops. Their counselors are certified and
trained in the areas of consumer credit,
money and debt management, and budget-
ing. Counselors discuss your entire financial
situation with you, and can help you develop
a personalized plan to solve your money
problems. An initial counseling session typi-
cally lasts an hour, with an offer of follow-
up sessions.
The CROA, 15 U.S.C. § 1679, et. seq., prohibits a
variety of false and misleading statements, as well as
fraud by credit repair organizations (CROs). CROs may
not receive payment before any promised service is
"fully performed." Services must be under written
contract, which must include a detailed description of
the services and contract performance time. CROs
must provide the consumer with a separate written
disclosure statement describing the consumer's rights
before entering into the contract. Consumers can sue
to recover the greater of the amount paid or actual
damages, punitive damages, costs, and attorney's fees
for violations of the CROA. The states and the FTC
may also enforce the CROA.
You can find more information regarding credit
reports and DIY credit repair and other topics of inter-
est at our Facebook page at www.facebook.com/
PRNG.OSJA or contact the Puerto Rico National
Guard—Office of the Staff Judge Advocate at Tel No.
787-289-1411.
15
The Credit Repair
Organizations Act
The Credit Repair Organization Act
(CROA) makes it illegal for credit repair
companies to lie about what they can do for
you, and to charge you before they've per-
formed their services. The CROA is en-
forced by the Federal Trade Commission
and requires credit repair companies to ex-
plain:
 your legal rights in a written contract
that also details the services they'll per-
form
 your three day right to cancel without
any charge
 how long it will take to get results
 the total cost you will pay
 any guarantees
What if a credit repair company you hired
doesn't live up to its promises? You have
some options. You can:
 sue them in federal court for your actual
losses or for what you paid them,
whichever is more
 seek punitive damages — money to
punish the company for violating the
law
 join other people in a class action law-
suit against the company, and if you
win, the company has to pay your attor-
ney's fees
Report Credit Repair Fraud
State Attorneys General
Many states also have laws regulating
credit repair companies. If you have a prob-
lem with a credit repair company, report it to
your local consumer affairs office or to your
state attorney general (AG).
Federal Trade Commission
You also can file a complaint with the
Federal Trade Commission. Although the
FTC can't resolve individual credit disputes,
it can take action against a company if
there's a pattern of possible law violations.
File your complaint online at ftc.gov/
complaint or call 1-877-FTC-HELP.
Where to Get Legitimate Help
Just because you have a poor credit his-
tory doesn’t mean you can’t get credit.
Creditors set their own standards, and not all
look at your credit history the same way.
Some may look only at recent years to
evaluate you for credit, and they may give
you credit if your bill-paying history has
improved. It may be worthwhile to contact
creditors informally to discuss their credit
standards.
If you’re not disciplined enough to create
a budget and stick to it, to work out a repay-
ment plan with your creditors, or to keep
track of your mounting bills, you might con-
sider contacting a credit counseling organi-
zation. Many are nonprofit and work with
you to solve your financial problems. But
remember that “nonprofit” status doesn’t
guarantee free, affordable, or even legitimate
services. In fact, some credit counseling
organizations — even some that claim non-
PUERTO RICO NATIONAL GUARD—SUICIDE PREVENTION PROGRAM
CW2 NYLSA PACHECO DR. WALESKA SANTIAGO, PSY.D
SUICIDE PREVENTION PSYCHOLOGICAL HEALTH
PROGRAM MANAGER PROGRAM DIRECTOR
787-289-1400 X. 1106 787-239-5608
787-529-5196 waleska.santiago-pagan@ceridian.com
Nylsa.pachecocruz@us.army.mil
MILITARY ONESOURCE 1-877-888-0727 (EN ESPAÑOL)

16. Zero Dark Thirty received
wide critical acclaim and was
nominated for five Oscars for
the 85th Academy Awards, in-
cluding Best Picture, Best Ac-
tress and Best Original Screen-
play. The film won one, for Best
Sound Editing.
Zero Dark Thirty earned four
Golden
Globe Award
nominations,
including
Best Picture
Drama, Best
Director, and
Best Actress
Drama.
The film's
graphic de-
piction of
torture has
generated
controversy,
with some critics describing it
as pro-torture propaganda, and
other critics describing it as an
anti-torture exposure of interro-
gation practices. In addition, the
chairman of the US House com-
mittee on homeland security
charged that the filmmakers
were given improper access to
classified materials, which they
denied. Subsequent examina-
tions found no evidence to sup-
port the charges.
'Zero Dark Thirty' is military
slang for an unspecified time in
the early
hours of the
morning
before dawn.
The rele-
vance of this
term to the
film is that
the raid on
Osama bin
Laden's quar-
ters was exe-
cuted be-
tween mid-
night and two
o'clock in the morning on May
2, 2011. It also symbolizes the
veil of darkness and secrecy that
was cast over the decade-long
mission to capture bin Laden.
TheAdvocateA Publication from the Office of the Staff Judge Advocate
Staff Judge Advocate
Col. Orlando A. Izquierdo
EDITORIAL BOARD
Fulltime Judge Advocate
Maj. William E. O’Connor
Chief Paralegal NCO
Sgt. 1st Class Francisco I. Chiroque, J.D.
Paralegal NCO
Staff Sgt. Jeannette M. Diaz
Paralegal NCO
Sgt. Javier Fontanez, J.D.
The Adjutant General
Col Juan J. Lamela Medina
Director of the Joint Staff
Col Marta Carcana
The materials and information on this publication are
made available by the PRNG OSJA for information
and entertainment purposes only. It does not
constitute legal advice. This publication is not
intended as advertising and it does not create an
attorney-client relationship. Persons reading the
information on this publication should not act upon
the information provided without seeking profes-
sional legal counsel.
16
ZERO DARK THIRTY is a 2012
American historical drama film
that dramatizes the United States
operation that found and killed
Osama bin Laden, leader of al-
Qaeda. Billed as "the story of
history's greatest manhunt for the
world's most dangerous man", the
plot covers the ten years since the
attacks on September 11, 2001 up
to the final operation in 2011.
“Today, at my direction, the
United States launched a tar-
geted operation against that com-
pound in Abbottabad, Pakistan.
A small team of Americans car-
ried out the operation with ex-
traordinary courage and capabil-
ity. No Americans were harmed.
They took care to avoid civilian
casualties. After a firefight, they
killed Osama bin Laden and took
custody of his body”
President Barack Obama
May 1, 2011
In his latest book, The finish,
author Mark Bowden takes us
into the 10 year manhunt that
ended in the killing of Osama
bin Laden in Pakistan on May
2011. This book contains per-
sonal accounts and interviews
with President
Obama and other
key players that
led to the mis-
sion to raid
Osama bin
Laden’s com-
pound. The
author takes us
into both the
rooms in which the decisions
were made and into Pakistan
were the mission took place.
The term “finish” refers to
the third prong in the doctrine of
“F3EAD”. This stands for
Find, Fix, Finish Exploit, Ana-
lyze, Disseminate. In essence it
is the result of the lessons
learned during the last decade of
conflict. Simply put it is Amer-
ica’s offensive strategy on how
to destroy a terror network.
According to the author, this
capability is a “remarkable fu-
sion of instant global telecom-
munications, drones, computer
data storage, cutting edge soft-
ware, experienced analysts,
stealth helicopters, precision
munitions, and the operational
skills of pilots
and shooters
who could
execute strikes
with great
surprise and
skill virtually
anywhere in
the world”.
This book
offers an interesting study of the
application of the basic princi-
ples of the law of war and the
F3EAD doctrine. It also dis-
cusses how technology could
enhance compliance with the
law of armed conflict. It is an
excellent book for those who are
interested in military history and
current issues.
Mark Robert Bowden (born July17, 1951) is an
American writer and a contributing editor at
Vanity Fair. From 1979-2003, Bowden was a
staff writer for The Philadelphia Inquirer. Over
the years, he has written for The New Yorker,
Men's Journal, The Atlantic, Sports Illustrated,
and Rolling Stone. As a result of his book
Black Hawk Down: A Storyof Modern War,
Bowden has received international recognition.
The book was made into a 2001 movie directed
byRidleyScott.