Posted on Dec 9, 2019
What happens with my automatic promotion to SPC if my demotion tp PV2 does not reflect on my ERB?
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I have a question, I've recently gotten an company grade article 15 at my first duty station. For my punishment, I received 14 days extra duty, demotion of rank from E3 to E2 and 45 days of suspended restrictions. This happened on November 22nd 2019, it is now December 9th 2019. In the last week of December i am supposed to be automatically promoted to SPC for reaching my TIS and TIG, my unit has yet to change my rank on my ERB. I've already completed my extra duty, what happens next? Do I wait and see if ill get my SPC automatically after my flag is lifted or do I tell my unit that they did not change my rank from E3 to E2 on my ERB ?
Article 15
Rank
PFC
PV2
Posted 5 y ago
Responses: 16
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I wouldn't push my luck, if I were you. You have been formally punished. Don't bring attention to yourself by inquiring.
Believe me. There is/will be a roster that is sent to your orderly room. Your first sergeant, platoon leader and your company commander will be tasked with the determination if you are eligible for promotion or rank reinstatement. Don't be surprised if your name has already been red-lined and the appropriate forms or annotations made to change the ERB.
You've also lost your Good Conduct Medal for this period. The eligibility date will be adjusted accordingly.
So, instead, I recommend that you bring attention to yourself by reversing the behavior that resulted in the demotion. You are being watched. Show that you are both deserving and worthy. Then let the promotions take their course.
Believe me. There is/will be a roster that is sent to your orderly room. Your first sergeant, platoon leader and your company commander will be tasked with the determination if you are eligible for promotion or rank reinstatement. Don't be surprised if your name has already been red-lined and the appropriate forms or annotations made to change the ERB.
You've also lost your Good Conduct Medal for this period. The eligibility date will be adjusted accordingly.
So, instead, I recommend that you bring attention to yourself by reversing the behavior that resulted in the demotion. You are being watched. Show that you are both deserving and worthy. Then let the promotions take their course.
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SSG Brian Wilber
PFC Jeffrey Herrington - There are only two Art. 15s that don't follow you, a Summarized Art. 15, or one in which you were exonerated. (Yes, that does happen.)
Also, boards don't use the absence of GCM's as an indicator of Art. 15s. In case you aren't aware, S1 is human and as such they are prone to errors. In my case, I had almost seven years TIS when I went before the board and no GCM due to errors made in Personnel. I got it corrected, but only after being promoted. The board did/could not hold it against me that I didn't have one, because the issue was brought to their attention during the records review.
Also, boards don't use the absence of GCM's as an indicator of Art. 15s. In case you aren't aware, S1 is human and as such they are prone to errors. In my case, I had almost seven years TIS when I went before the board and no GCM due to errors made in Personnel. I got it corrected, but only after being promoted. The board did/could not hold it against me that I didn't have one, because the issue was brought to their attention during the records review.
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Company grade Article 15 maximum punishments are: 14 Days ED, 14 Days restrictions and 1 grade reduction. It is the Field Grade that gives the 45 days.
If you received a suspension of punishment, right now I wouldn't press the luck of asking about your SPC advancement.
If you were dropped from E3 to E2, trust in the system that your ERB will be reflected correctly very soon. Also, you will not be getting SPC at the end of December, since your TIG requirements will start over from the effective DOR of the reduction.
If you received a suspension of punishment, right now I wouldn't press the luck of asking about your SPC advancement.
If you were dropped from E3 to E2, trust in the system that your ERB will be reflected correctly very soon. Also, you will not be getting SPC at the end of December, since your TIG requirements will start over from the effective DOR of the reduction.
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SSG Brian Wilber
PFC Jeffrey Herrington - I don't know where you are getting your information from, but I know it's not from any AR's. Once non-judicial punishment is set forth, all parties are bound by it, unless appealed. If appealed and upheld, then all parties are bound by it, including the commander who set the punishment. If the restriction is suspended for 45 days, and the SM serves the 45 days without a problem, he or she cannot then say, I want more time to enforce this.
I think you might be one of those barracks lawyers you were talking about.
I think you might be one of those barracks lawyers you were talking about.
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Your post concerning the suspended restrictions is confusing. Unless you are in one those rare Companies where the Commander is a field grade officer then you could not have gotten 45 days of restriction. I think you might be saying all of your punishment was suspended for 45 days. If so the you will be flagged an until after the suspension is complete. If that is not what you are trying to say and you were reduced without a suspension, then you DOR for PV2 is 22 Nov. When you are promoted back to PFC then you will have a new DOR and you TIG will start from that point.
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PFC (Join to see)
im wearing a pv2 rank, they never took the rank off my chest themselves , he just said he was demoting me from Pfc to pv2, he then dismissed me and I changed the rank myself
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MSG Gary Eckert
Someone should have given you a copy of your Article 15 (that is the demotion paperwork.) The punishment should be spelled out. It sounds like you have 14 days of restriction suspended until 6 Jan. Without seeing the Article 15, I can't tell if the reduction has been suspended, too. The legal clerk, should have provided the personnel guys in the S1 the Article 15 and that should resulted in your personnel records being updated, if required. Don't worry though, even if they missed it, someone will catch it when they work the next C10 roster (or whatever roster has replaced it to determine who is eligible for promotion in a unit.) You have been paid as an E3 at least once since the Article 15, when the reduction transaction is submitted, the Army will re-coop the over payment.
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SSG Brian Wilber
MSG Gary Eckert - I am sure he means that the restriction was suspended. That being the case, the flag by regulation cannot be lifted until the period of suspension is served, so he can forget the auto promotion anyway.
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SSG Brian Wilber
PFC (Join to see) - Even though they did not remove the rank themselves, if you did not appeal the Article 15, you are in violation of Art. 134 by wearing a rank you are not authorized to wear and they could slap you with another Article 15 for that.
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