Posted on Jan 9, 2014
CW2 All Source Intelligence Technician
31.5K
9
9
1
1
0
I have a soldier who is approaching the end of his suspension that was part of his Article 15 hearing and punishment. He recieved the article 15 from a troop that he was attached to and it took a LONG time to adjudicate as we redeployed then went on block leave. He has been a PV2 since May of last year because of the long delay in adjudicating his UCMJ. I understand that a PV2 can be waivered to PFC at 2 months TIG if he has the TIS. Does he have to wait 2 months after the suspension or will be automatically elligable for promotion as soon as his flag drops?
Posted in these groups: Ucmj UCMJStar Promotions
Avatar feed
Responses: 5
CSM Mike Maynard
4
4
0
SGT Hershman, since his reduction was suspended, his original DOR for PV2 is still current and his TIG has been continually accumulating.

Your 1SG receives a monthly report from the S1 that shows each Soldier by rank and has their TIS/TIG and if they are eligible for promotion.

Additionally, you can calculate the TIG based on his DOR on his ERB.

On another note, if a Soldier is reduced, he is not eligible for a waiver - take a look at the Enlisted Promotions regulation.
(4)
Comment
(0)
CW2 All Source Intelligence Technician
CW2 (Join to see)
11 y
Thank you CSM. 
(0)
Reply
(0)
PV2 Infantryman
PV2 (Join to see)
4 y
Furthering the question asked, based on what the regulation states, can a soldier receive a wavier for future ranks? Such as PV2 demoted to PV1, promoted back to PV2 through TIS/TIG and signed “yes” on the monthly report, seeking a wavier for PFC and SPC. Or does the article 15 negate the ability to get a wavier for future ranks all together?
(0)
Reply
(0)
Avatar small
SFC Senior Human Resources Supervisor
1
1
0
The date of the Article 15 becomes the new DOR if a Soldier is reduced by Article 15.

Also, the Soldier is not eligible for waiver for the next rank, meaning:

SPC Joe gets Article 15 on 1 Jan, reduced to PV2 (suspended).
Punishment is vacated on 12 Feb, therefore reduction is effective 1 Jan (date of Article 15)
PV2 Joe must become fully eligible (without waiver) to PFC before promoted.
Once promoted, PFC Joe may be promoted with waiver to SPC, when eligible.
(1)
Comment
(0)
Avatar small
SFC James Baber
1
1
0
Edited 11 y ago

SGT H, His TIG started the day of reduction, he is eligible the day his flag is lifted, but most times the Command wants the Soldier to prove s/he is trustworthy enough to be moved back up the ranks again.


I had a scenario similar to this back at Fort Sill in the mid-80s, a Soldier was reduced from SPC to PFC in August, did his punishment, had his flag lifted and was promoted back to SPC in December, that was not the norm, it just happened to be that this was a great Soldier, he just had a bad night of judgment one night, and continued to perform at the level he was prior to the incident, and the Command felt that he was worthy of getting it back that fast.


It all depends on the Soldiers attitude. performance and remorse for whet they have done to warrant the ART 15, on how the after effects will be and how their career will progress and move forward after the events.

(1)
Comment
(0)
CW2 All Source Intelligence Technician
CW2 (Join to see)
11 y
SFC, part of his punishment was a demotion to E-1, but that was suspended. His suspension and flag are to be lifted in about a week or so. He is an outstanding soldier who ran into some bad luck while attached to another group. He is a great subordinate which is why I want to get him to PFC. 
(1)
Reply
(0)
SFC James Baber
SFC James Baber
11 y

SGT,


As I mentioned in my first response, his actions since and continuing on will reflect heavily on whether the command will be willing to look at and listen to recommendations from you as his 1st line supervisor, and also with your NCO COC being on board and of the same feelings towards this Soldier, that is something you also need to consider and talk to your NCOs about as well, are they of the same thought in regards to this Soldier.

(1)
Reply
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.

close