Am I being denied automatic promotion from PV1 to PV2?

PVT Private RallyPoint Member — Thu, 21 Feb 2019 10:28:11 -0500

I'm going to try and keep this is specific as possible, but not overly long.

I received a Company Grade Article 15 back when I was in training for AIT. The flag started somewhere around May 10th, and the flag was lifted/I received my punishment on the 20th of July, 2018. I've been in the Army for over a year now, and since then I've PCS'd to my permanent unit, but my NEW Commander just told me he can't promote me for an entire year after the punishment.

This doesn't make any sense. I tried researching it to find out where things went wrong and how exactly I could fix it. It just hasn't added up properly, so I've decided to ask you all what's going on and what I can do.

As a frame of reference, I'd believed that promotion would come automatically at 6 months for PV2, 12 months of PFC, and SPC in the far future. I started as a PV1; I can understand my time-in-grade being reset for the Article, but that would mean I at least qualify for PV2, and even that isn't possible from what the Commander said. It makes me think he's just denying me on his own accord, but wouldn't that require a document/counselling to tell me?

Response by SSG Private RallyPoint Member made Feb 21 at 2019 10:38 AM

SSG Private RallyPoint Member — Thu, 21 Feb 2019 10:38:00 -0500

E-1 through E-4 promotions are automatic. The Commander can't "deny" you anything other than a ceremony and pinning, which you'll still be paid at the appropriate rank regardless. Speak to your BN S1 first. If they can't handle it, then go Inspector General. I actually had this happen many moons ago when I was a PVT, except without the Commander portion. Your UCMJ probably threw a kink in the system like I did, and S1 just needs to sort you out. If your Commander or first line leader denies you the chance to go to S1, then go straight to IG.

Response by SSG Private RallyPoint Member made Feb 21 at 2019 11:36 AM

SSG Private RallyPoint Member — Thu, 21 Feb 2019 11:36:17 -0500

Refer to AR 600-8-19, paragraph 2-3d "If a CDR elects not to recommend a Soldier for promotion on the automatic promotion date, the CDR must annotate “NO” on the AAA–117 (RA) or GRA–PO1 (Advancement Eligibility Status Roster) (USAR), then the CDR (or BN HR) must prepare a DA Form 4187 denying the promotion. A DA Form 268 will be submitted no later than the 20th day of the month preceding the month of automatic promotion. The first-line leader must counsel the Soldier, using DA Form 4856 (Developmental Counseling Form). The DA Form 4187 and the DA Form 4856 must be attached to the enlisted advancement report before it is forwarded to the BN S1 HR specialist."

Basically, if the Commander deems that you are not fit for the increased responsibility of the new rank, he can decide to block your automatic promotion. However, you must be counseled as yo why you are not being promoted and how to overcome the issues. A lot of this comes down to the mindset of the type of unit you are in. When I was in aviation, nobody ever blocked automatic promotion unless the Soldier was flagged for adverse action. when I was in an Infantry company, I saw at least a few get blocked due to the reasoning of "not ready for increased responsibility," usually at the PFC to SPC level, but I have seen a PVT to PV2 blocked.

Response by 1SG Private RallyPoint Member made Feb 21 at 2019 1:06 PM

1SG Private RallyPoint Member — Thu, 21 Feb 2019 13:06:24 -0500

PVT Private RallyPoint Member there are a few possibilities why you find yourself in this situation.
One possibility is that the punitive action FLAG was not removed upon completion of punishment. That is a question for your S-1.
Another possibility is that the commander placed an administrative hold on advancement while he/she evaluates you performance. This tool gets used a lot when a Soldier runs afoul of UCMJ early in their career and a Failure to Adapt to Military Life Chapter is considered as an option. This is a question for your Company CO.
A third possibility is that you are in an administrative suck caused by actions taken initiated by UCMJ not being cleared by your former unit at AIT. I think this is a distinct possibility. Also a question for your CO.
If the responsibility for your advancement delay falls on the Company Commander, then he is indeed required to counsel you as to why and what is expected of you to get off the schneid.
As for administrative SNAFUs, you'll need to get with the S-1 to positively identify that as the culprit, but ultimately it is your Company Commander with the authority to resolve this favorably.

What is your FLL saying? You'll need to get him/her involved to be your advocate.

Response by SPC Private RallyPoint Member made Feb 21 at 2019 7:48 PM

SPC Private RallyPoint Member — Thu, 21 Feb 2019 19:48:26 -0500

Personally when I was a private I just ensured I was getting paid the right rank. PV1 to PFC are still privates. Just stay out of trouble and keep working hard. It will come.

Response by 1SG Private RallyPoint Member made Feb 22 at 2019 8:30 PM

1SG Private RallyPoint Member — Fri, 22 Feb 2019 20:30:08 -0500

Whenever a Soldiers is flagged, for example, UCMJ, ABCP etc. a DA 4187 must be submitted every time you are eligible for the next rank up to E-4, without the DA 4187 you will not get promoted.

Response by SFC Private RallyPoint Member made Feb 24 at 2019 6:28 PM

SFC Private RallyPoint Member — Sun, 24 Feb 2019 18:28:11 -0500

Have you talked to your first line supervisor about it? He or She may know more about the situation and might know if your Commander blocked your promotion. If they did not block it than your first line should be able to help you get promoted to PV2 and get what ever back pay you deserve.

Response by SSG Private RallyPoint Member made Mar 20 at 2019 2:27 PM

SSG Private RallyPoint Member — Wed, 20 Mar 2019 14:27:39 -0400

When you received your article 15, were any of the punishments suspended? If so, you are flagged for that amount of time. I've seen it happen before. For example, a soldier received an article 15, reduction to E-1, extra duty, and restriction. However, they had the forfeiture of pay punishment suspended for 12 months. They remained flagged for the entire 12 months. Check your ERB for flag codes.