If I didn't get promoted due to being flagged and under investigation, but was found not guilty, how can I get the promotion I missed?

2021-02-03T14:38:19-05:00

I was flagged for an investigation for 9 months and I was found not guilty and all my charges were dropped and I also was not punished. I wanted to know how do I get the rank I was supposed to have while I was flagged or if I even can get that rank back?

Response by CPT Private RallyPoint Member made Feb 3 at 2021 3:16 PM

2021-02-03T15:16:24-05:00

I would reach out to your chain of command, and the JAG.
*****
There is also another aspect of life. What kind of thin ice are you treading on?

If I had a soldier held up by trouble they were otherwise not a part of I would go out of my way as a commander make the effort to retroactively advance them in rank, and get them back pay from DOR.

Now, more often than we care to admit, soldiers get away with stuff because of an administrative lacking on the Army's part that causes problems in the judicial process of investigating and punishing soldiers. So then there's the aspect of "don't press your luck", and quietly get the next promotion window.

You are in a special place as a PV1-SPC. Many mistakes wont follow you in iPerm's or NCOER's. Enjoy it while you can.

Response by CPT Private RallyPoint Member made Feb 3 at 2021 4:40 PM

2021-02-03T16:40:10-05:00

You can not retroactively get promoted. Once the flag is dropped you should be eligible again.

Response by MAJ Jason Sierakowski made Feb 3 at 2021 6:00 PM

2021-02-03T18:00:00-05:00

Simple answer is to speak with legal and your chain of command. You don't need rally point to give you guidance on this.

Response by SFC Kelly Fuerhoff made Feb 3 at 2021 6:11 PM

2021-02-03T18:11:01-05:00

Talk - to - your - chain - of - command.

Response by SSG Private RallyPoint Member made Feb 3 at 2021 7:43 PM

2021-02-03T19:43:24-05:00

As someone who was in the same position as you, directly as an E1, I feel your pain. Don't let it deter you from being great.

The answer to your question though, is that you can't. This may be a flaw in the system, but the best advice I can give you is to try to see things from both sides. If you actually had committed a crime/whatever the investigation was for, and still got promoted, you would be on the winning (and wrong) side of things. These type of things suck. There should be some type of reverse punishment for false accusations.

Edit- To caveat on what some of the others are saying, in regards to you being counseled and notified that you were under investigation... it seems like paperwork was done incorrectly or lagging. I've never heard of an investigation taking 9 months. I don't know the reg off the top of my head, but I'm fairly certain that investigations must be completed within a certain time frame and 9 months isn't it.

Response by SFC Private RallyPoint Member made Feb 3 at 2021 9:17 PM

2021-02-03T21:17:36-05:00

You are eligible to be promoted to PV2 now. In order to have your rank back dated to when you would have received it, your flag would have had to be closed favorably and you would have to have been not at fault. That doesn't mean you escaped with no punishment, but that your company commander states that you never should have been flagged in the first place. That only applies for advancement (not promotion) up to E4.