Yes, a military attorney must intervene immediately and forcefully in this situation. A cornerstone of the military counseling process is that the soldier must be present for the counseling and must sign the form (DA Form 4856) to acknowledge receipt. A counseling form that a soldier has never seen, let alone signed, is not a valid official document. Including a fraudulent or “phantom” counseling form in a career-impacting packet, such as for a promotion or separation board, is a major due process violation and a serious breach of integrity.
The attorney would immediately notify the authority reviewing the packet (e.g., the board president or the separation authority) that the packet contains a fraudulent document. They would submit a sworn affidavit from the soldier testifying that they never received the alleged counseling and never signed the form. The attorney would argue that the presence of this false document fatally taints the entire packet and calls into question the good faith and credibility of the command that submitted it.
This is a very serious accusation that can have significant consequences beyond just the soldier’s case. The attorney would demand that the improper counseling form be removed from the packet and that any decision made in reliance upon it be declared void. This action not only protects the individual soldier but also upholds the integrity of the entire personnel records system by exposing and challenging the use of falsified documents.