DA Form 4856

June 7, 2025

A DA Form 4856, available at this link, is one of the most commonly used forms in the Army. The form is used for many purposes, including positive, or neutral ones, such as:

Initial Counseling
Monthly Counseling
Quarterly Counseling
Positive Reinforcement

A DA Form 4856 is also used for many negative purposes, such as (most common):

Documenting negative behavior (a negative counseling), perhaps to show a pattern of misconduct, or for some other failure (ACFT or ABCP)
Formally ordering a Soldier to do something (i.e. a no contact order, attend an appointment, or pay family support)
Informing a Soldier that he/she is flagged
Informing a Soldier that he/she is under investigation (i.e. 15-6, CID, or MPI)
Informing a Soldier that he/she is going to receive an adverse action (i.e. Article 15, GOMOR)
Informing a Soldier that he/she is facing elimination (Officer) or separation (Enlisted)
Informing a Soldier that he/she will be relieved from a position or receive a negative NCOER or OER

For negative counselings, the counselor often uses the "magic bullet" on a DA Form 4856. The "magic bullet" usually reads something like this: "You are hereby counseled for the above indicated misconduct and/or unsatisfactory duty performance in accordance with AR 635-200, paragraph 1-16. Continued behavior of this kind may result in initiation of separation action to eliminate you from the Army. If you are separated for unsatisfactory performance, you could receive an Honorable, General, or Other than Honorable (OTH) characterization of service. A General or OTH characterization of service could severely prejudice you in civilian life. Additionally, an OTH characterization of service could deprive you of many or all military and VA benefits, to include forfeiture of all educational benefits. Any further misconduct or unsatisfactory performance may cause you to be eliminated without further counseling." This bullet is really only required when documenting a pattern of misconduct, but is not helpful in other circumstances.

When filling out a DA Form 4856, the counselor is required to come up with a plan of action and has an obligation to make sure that the counseled Soldier understands the plan of action.

The Soldier being counseled is required to indicate on the DA Form 4856 if he/she agrees or disagrees. The form itself only says the following: "The leader summarizes the key points of the session and checks if the subordinate understands the plan of action. The subordinate agrees/disagrees and provides remarks if applicable." Regarding a DA Form 4856, one of the most common questions that Attorney Barry receives is, "should I agree or disagree to a counseling?" The safest option is to disagree with the counseling, but provide no comments, if there is any dispute of the facts that relate to the counseling. When a Soldier does this, he/she makes it clear that he/she disagrees with the basis of the counseling, but does not write anything that can be used against him/her later on, while also appearing compliant by signing the DA Form 4856. Soldiers should also always write down the date (on the form itself) that they received the counseling, as back-dating is unfortunately very common.

After the Soldier in question is counseled, the counselor should later complete the DA Form 4856 by assessing the plan of action in writing at the bottom of the form. Failure to do this demonstrates laziness on the part of the counselor, as well as a lack of responsibility/supervision in helping the Soldier complete the plan of action.

Any Soldier receiving a negative counseling should immediately recognize that his/her Army career is potentially in jeopardy. In these situations, a Soldier should consult with an experienced Military Lawyer. While TDS is available to assist, they are often overworked and inexperienced. Furthermore, they are not likely to get involved until a Soldier is facing an adverse action, which can be too late. Civilian lawyers can be retained to assist, which allows a Soldier to be represented by an experienced Military Lawyer with a proven track record of success and quality reviews from former clients.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents Servicemembers and Veterans worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.