Posted on May 15, 2017
Given my scenario, what can I do to receive backpay after receiving an Article 15?
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Got a article 15 in nov last year had 45 days extra duty with rank and pay being suspended. I missed an appointment in december but presented evidence to my innocence. And the ar 15 was vacated without me signing vacation paperwork or knowing it was going to be vacated. Feb a memorandum was signed to reinstate rank and pay as if nothing happened. From feb to now may i was paid as e-1 and promoted
Posted in these groups: 
Article 15
Article 15
Posted >1 y ago
Responses: 3
A: This is a unit issue, talk with TDS and your unit.
B:"Before a suspension may be vacated, the service member ordinarily shall be notified and given an opportunity to respond. Although a hearing is not required to vacate a suspension, if the punishment is of the kind set forth in Article 15(e)(1)-(7), the service member should, unless impracticable, be given an opportunity to appear before the officer authorized to vacate suspension of the punishment to present any matters in defense, extenuation, or mitigation of the violation on which the vacation action is to be based."
You'll notice the words "should" used.. You have no RIGHT to be notified the punishment suspension will be vacated , even if you "should" have been,
Lastly, unit leaders bend over backwards to help unit team members who have earned that trust, respect and leadership.
That you have come to a group of strangers to ask how to get things straight (of course we have only one side of the story) is as telling as anything else you posted.
If you have earned the positive extra attention and time from your unit, just go talk with your PSG and 1SG.
Do your research, understand what the unit MUST do and what they can or should do.. Demanded or accusing the unit of not doing something that have no requirement to do (will vs Should) is a fast way to get the least amount of assistance possible.
If the Field Grade Art15 worked as designed, a corrective action for a "minor" offense and you have been a stand up, professional SM since the day punishment was imposed, the unit should have no issue working though the pay and promotion problems.. Help them help you.. Write it all down, lay it out in black and white, event time line, facts only, no personal opinion, no chastising because they followed the law and reg....even if not the preferred method they "should" have followed.
The unit is obligated to assist as needed to bring your pay and rank in line with applicable policy's and regulations. But how much and how fast that assistance is provided is largely based on the SM standing in front of them.. If you have been a Team performer, a leader, a professional SM, you will get the same level of assistance. If you have done the minimum to just not get in trouble, expect the same level of assistance to correct the issues.
I don't know you so make no assumptions which side of the equation your on.. just pointing out the two ways this will go...only you and your unit know answer.
B:"Before a suspension may be vacated, the service member ordinarily shall be notified and given an opportunity to respond. Although a hearing is not required to vacate a suspension, if the punishment is of the kind set forth in Article 15(e)(1)-(7), the service member should, unless impracticable, be given an opportunity to appear before the officer authorized to vacate suspension of the punishment to present any matters in defense, extenuation, or mitigation of the violation on which the vacation action is to be based."
You'll notice the words "should" used.. You have no RIGHT to be notified the punishment suspension will be vacated , even if you "should" have been,
Lastly, unit leaders bend over backwards to help unit team members who have earned that trust, respect and leadership.
That you have come to a group of strangers to ask how to get things straight (of course we have only one side of the story) is as telling as anything else you posted.
If you have earned the positive extra attention and time from your unit, just go talk with your PSG and 1SG.
Do your research, understand what the unit MUST do and what they can or should do.. Demanded or accusing the unit of not doing something that have no requirement to do (will vs Should) is a fast way to get the least amount of assistance possible.
If the Field Grade Art15 worked as designed, a corrective action for a "minor" offense and you have been a stand up, professional SM since the day punishment was imposed, the unit should have no issue working though the pay and promotion problems.. Help them help you.. Write it all down, lay it out in black and white, event time line, facts only, no personal opinion, no chastising because they followed the law and reg....even if not the preferred method they "should" have followed.
The unit is obligated to assist as needed to bring your pay and rank in line with applicable policy's and regulations. But how much and how fast that assistance is provided is largely based on the SM standing in front of them.. If you have been a Team performer, a leader, a professional SM, you will get the same level of assistance. If you have done the minimum to just not get in trouble, expect the same level of assistance to correct the issues.
I don't know you so make no assumptions which side of the equation your on.. just pointing out the two ways this will go...only you and your unit know answer.
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SPC (Join to see)
Tds sent me to ig and ig got involved. Im by far not claiming to be a perfect soldier. But when i got a memorandom signed by the imposing authority stateing to reinstate rank and pay. I expect it to be honored. Especially when it says due to a clear injustice to the soldier. I have no faith in my command because they ade always trying to screw soldiers over because they do not like them.
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SGM Erik Marquez
SPC (Join to see) - " I have no faith in my command because they ade always trying to screw soldiers over because they do not like them."
Why do you think they don't "like you" ? such personal feelings from an entire chain of command and NCO support channels, at the company and Battalion, and Brigade levels commonly come though observation of them to you.
Unless your claiming it is a racial, bigotry ext unfounded "dislike".
"But when i got a memorandom signed by the imposing authority stateing to reinstate rank and pay. I expect it to be honored."
You got a what?
There should have been a DA form 2627, record of proceedings, that would have included the punishment imposed and if it was suspended, what part and for how long.
If the commander decided to vacate the punishment suspension that would be DA form 2627-2
What memo of "stateing to reinstate rank and pay. I expect it to be honored." are you referring to?
In any case, if the IG has become involved, they will ensure that policy and regulations are followed, thats their job, and they are independent of your unit commanders influence.. so the unit CDRs like or dislike of you with or without cause will have no impact on this issue.
Why do you think they don't "like you" ? such personal feelings from an entire chain of command and NCO support channels, at the company and Battalion, and Brigade levels commonly come though observation of them to you.
Unless your claiming it is a racial, bigotry ext unfounded "dislike".
"But when i got a memorandom signed by the imposing authority stateing to reinstate rank and pay. I expect it to be honored."
You got a what?
There should have been a DA form 2627, record of proceedings, that would have included the punishment imposed and if it was suspended, what part and for how long.
If the commander decided to vacate the punishment suspension that would be DA form 2627-2
What memo of "stateing to reinstate rank and pay. I expect it to be honored." are you referring to?
In any case, if the IG has become involved, they will ensure that policy and regulations are followed, thats their job, and they are independent of your unit commanders influence.. so the unit CDRs like or dislike of you with or without cause will have no impact on this issue.
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SPC (Join to see)
Well my LTC not the imposing authority. Brought up somthing that happened almosf 2 years prior. I never got in trouble for it or anything. And yes the morandom for seting aside the punishment after vacation is on a 26-27-2 with the number 4 block filled out and an attatched document stating all rank and pay be reinstated. They are refuseing to acknowledge that this 26-27 exsists at all. I have been injured for a long time and took forever to get the surgery needed. And according to my unit im a crap bag because of that.
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SGM Erik Marquez
SPC (Join to see) - OK, more info....that makes a little more sense.
So you have been on profile, Id guess limiting your participation in common and daily unit activities. Perceived at the individual level (Sm to SM ) as "riding the profile" and your unit leadership as not an assist to the unit....and not processing out in a timely manner so an asset can be brought in..
Missed appointments delaying the process, would contribute to fostering those feelings.
Not being proactive in the MED separation precess would contribute to fostering those feelings.
And sometimes just a leaderships lack of understanding the MED process to separate with the inherent delays and pitfalls the SM has no control over would contribute to fostering those feelings... Although leadership ignorance like that is on them..
So you have been on profile, Id guess limiting your participation in common and daily unit activities. Perceived at the individual level (Sm to SM ) as "riding the profile" and your unit leadership as not an assist to the unit....and not processing out in a timely manner so an asset can be brought in..
Missed appointments delaying the process, would contribute to fostering those feelings.
Not being proactive in the MED separation precess would contribute to fostering those feelings.
And sometimes just a leaderships lack of understanding the MED process to separate with the inherent delays and pitfalls the SM has no control over would contribute to fostering those feelings... Although leadership ignorance like that is on them..
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Just an update ig made them restore all rank and pay as if nothing happened. If they did not want to gollow through with the paperwork they signed. They shouldnt have signed it.
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Adding onto the post above. Got promoted to e-4 then when i started asking about my pay they went into the system took my rank and refuse to correct it rven with this mororandom signed by the LTC who imposed punishment. I have ig involved now and i need it to move along quickly im medically seperating on the 27th of this moth with 59 days of terminal leave. I have a family to support and my paycheck barely supports them. I often run out of gas before next pay period.
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CW3 (Join to see)
So basically what you're saying is that when you got an article 15, the commander imposing it suspended the demotion, you've served out the time of the suspension, and the commander signed the memorandum vacating the article 15......but now finance is refusing to reinstate your rank. Do I have that right?
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SPC (Join to see)
After it was vacated. The commander imposing it signed a record of supplmental data setting aside the vacation due to a clear injustice to the soldier. And to reinstate all rank and pay as if nothing happened.
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SGM Erik Marquez
SPC (Join to see) - "The commander imposing it signed a record of supplmental data setting aside the vacation due to a clear injustice to the soldier."
The commander that imposed it having heard the evidence against you and any witness or mitigation testimony you made concluded you were guilty as charged and imposed punishment and then that same commander suspended it for a time frame.
Your saying this SAME commander then later wrote you a Memo "signed a record of supplmental data setting aside the vacation due to a clear injustice to the soldier."
Punishment is Imposed
Punishment can be suspended
Suspension can later be vacated (meaning you now get punished as originally found justified post conviction)
I "think" your saying you were found guilty in a field grade Art15 process.
You were punished with loss of pay and rank.
Your punishment was suspended. So not imposed for an agreed time frame.
The suspension was vacated, thus punishment imposed IOW you lost rank and pay as originally imposed.
And later, that same commander wrote you a memo saying essentially .... I was wrong, I wrongly found the SM guilty after considering all the evidence presented and mitigation provided, it was " a clear injustice to the soldier" that i found him guilty, never mind, make it all go away .
Do I have this right?
If so, Im out,,,, I wish you the best of luck and what ever you deserve (I mean that in support of getting your rank and pay back if deserved, or punished as deserved...the problem is, what your posting is not clear which way it should go ..and we are never going to know without getting the other side of the story.)
Stick with the IG, facts only, let them do their job.. Sad fact is, nothing moves quick in this type of event....Perhaps delay your separation until this is sorted out.
The commander that imposed it having heard the evidence against you and any witness or mitigation testimony you made concluded you were guilty as charged and imposed punishment and then that same commander suspended it for a time frame.
Your saying this SAME commander then later wrote you a Memo "signed a record of supplmental data setting aside the vacation due to a clear injustice to the soldier."
Punishment is Imposed
Punishment can be suspended
Suspension can later be vacated (meaning you now get punished as originally found justified post conviction)
I "think" your saying you were found guilty in a field grade Art15 process.
You were punished with loss of pay and rank.
Your punishment was suspended. So not imposed for an agreed time frame.
The suspension was vacated, thus punishment imposed IOW you lost rank and pay as originally imposed.
And later, that same commander wrote you a memo saying essentially .... I was wrong, I wrongly found the SM guilty after considering all the evidence presented and mitigation provided, it was " a clear injustice to the soldier" that i found him guilty, never mind, make it all go away .
Do I have this right?
If so, Im out,,,, I wish you the best of luck and what ever you deserve (I mean that in support of getting your rank and pay back if deserved, or punished as deserved...the problem is, what your posting is not clear which way it should go ..and we are never going to know without getting the other side of the story.)
Stick with the IG, facts only, let them do their job.. Sad fact is, nothing moves quick in this type of event....Perhaps delay your separation until this is sorted out.
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SPC (Join to see)
Yes the same commander a month later after vacating my suspended portion wrote a 26-27 saying he was wrong to vacate my suspended portion.
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