Can I be retroactively promoted to E-5 if I was flagged for an investigation that came back with no findings?

SSG Joshua Long — Fri, 02 Dec 2016 14:48:27 -0500

I was cleared on the 1st of Dec 16 and would other wise been eligible for promotion. I made points and yes I completed BLC.

Response by MGySgt James Forward made Dec 2 at 2016 3:30 PM

MGySgt James Forward — Fri, 02 Dec 2016 15:30:50 -0500

I would highly recommend that you run this up your chain of command. IF you in fact were eligible, recommended, and the fact that you were under investigation that precluded you from being promoted, I would suspect that yes, you may be able to be promoted and backdated. I would also ask to see what regulation prohibits this process. Semper Fi.

Response by SGM Erik Marquez made Dec 2 at 2016 3:31 PM

SGM Erik Marquez — Fri, 02 Dec 2016 15:31:25 -0500

A enlisted promotion that was wrongly denied due to an erroneous flag has a remedy for correction in the regulation.
However, in your case the flag was valid, regardless of the investigation outcome,,the flag was allowable and correctly emplaced, then lifted when no longer required.

Your situation is not spelled out in the regulation that I can find, so it would take an appeal to HRC, stating the facts, dates, results, and if you can, a letter from a senior commander that endorses your position you would have been promoted had it not been for a false allegation and ensuing investigation.
I dont expect an answer,,,,, but just to put it out there, a investigation result that recommends no charges is not the same always as not guilty. And the human at HRC is going to think that as well.... If a commander thinks you are not guilty of what ever the charge was they will likley provide that letter refrenced above...and that would help the HRC person making a grey area judgment call do so with a clear mind.

Likewise, no letter of endorsement and a judgment call that can go either way, will likley result in a NO. The way I read the regulation I think your looking at a NO and good luck next month. You were under investigation and the flag was valid....and that means you were not eligible for promotion.

Had the reason for the flag been erroneous (mistakenly marked AWOL, Over body fat, pending UCMJ) then the flag would have been erroneous as well, and you would have a case.

Response by LTC Private RallyPoint Member made Dec 2 at 2016 5:05 PM

LTC Private RallyPoint Member — Fri, 02 Dec 2016 17:05:53 -0500

Stand by Board?

Response by 1SG Al Brown made Dec 2 at 2016 5:59 PM

1SG Al Brown — Fri, 02 Dec 2016 17:59:13 -0500

Call me crazy, but am I reading that you are a Corporal that has been to BLC, but you have never been to an E5 Board? So you are non-promotable, but you want to be retroactively promoted to E5, because you have been flagged for a while during an investigation. Unless I'm reading the clues wrong, you're not eligible for promotion. How did you get Corporal stripes without a (P) and a DA 4187, did the rules change?

Response by SFC Private RallyPoint Member made Dec 6 at 2016 7:54 AM

SFC Private RallyPoint Member — Tue, 06 Dec 2016 07:54:33 -0500

Ive had experience with this recently but it was with the central promotion board which involved alot of hoops to jump through. You'll need to get with your s1 and make your you have the findings of the 15-6 saying that it was a favorable outcome. If you have the support from your CoC you should be good to go.

Response by COL Private RallyPoint Member made Dec 6 at 2016 9:33 AM

COL Private RallyPoint Member — Tue, 06 Dec 2016 09:33:04 -0500

You have to be promotable on the day you attained the correct points. since you were flagged, you were technically non-promotable until the flag is lifted. This is the same as if you were flagged for a failed APFT. Once the flag was lifted and assuming the points required did not change, you would be able to be promoted on that day.

Response by COL John Hudson made Dec 6 at 2016 9:55 AM

COL John Hudson — Tue, 06 Dec 2016 09:55:06 -0500

FROM THE IG DESK: As always...it depends. Your particular circumstances will drive the end result. Make an appointment to see your local IG. You'll complete DA Form 1559, Inspector General Action Request (IGAR). That IG will look into all aspects of your issue and get back to you with a response. However, from where I sit at this moment, it seems you've been "on hold," and once that's cleared up, the clock starts over. Look to determining the next promotion cycle and what's required for you to measure up for promotion at that time.

Response by SFC Paul Smith made Dec 6 at 2016 3:34 PM

SFC Paul Smith — Tue, 06 Dec 2016 15:34:41 -0500

Sucks, but the flag was valid when initiated, can appeal for DOR, but not any back pay

Response by SSG Joshua Long made Dec 6 at 2016 10:03 PM

SSG Joshua Long — Tue, 06 Dec 2016 22:03:05 -0500

Took sometime but I found it in the AR 600-8-19, Chap 3-31. I hope this helps out future soldiers in this scenorio.

Response by SFC Tom Carey made Dec 8 at 2016 7:37 AM

SFC Tom Carey — Thu, 08 Dec 2016 07:37:23 -0500

As far as I am aware, yes you can.

Response by SPC Private RallyPoint Member made Dec 11 at 2019 11:57 AM

SPC Private RallyPoint Member — Wed, 11 Dec 2019 11:57:14 -0500

I know this is 3 years mate but did you get promoted for when you missed it ?