Posted on Feb 21, 2019
Am I being denied automatic promotion from PV1 to PV2?
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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?
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?
Article 15
Promotions
AIT Student
Edited 5 y ago
Posted 5 y ago
Responses: 7
10
10
0
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.
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.
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PVT (Join to see)
I can understand all of that, SSG. I put a little research in myself before making this post, which is why I knew there should be a counselling for when I don't get promoted. The issue is that I haven't been counselled on it once since for my entire time of service (except for when I was actually flagged). I expected to possibly receive notification of something when I got to this new Company, but the trend has continued, so I'm questioning where the next step to take is.
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PVT (Join to see) 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.
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.
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PVT (Join to see)
My FLL told me that he went to legal and says that I'll need to wait a year. When he found out I was trying to amend this/find out why, he said he wants me to show him the sections in the AR(s) stating why I think I should be a PV2, specifically about Promotions and Flags. He wants me to write a report and have it given to him this Monday.
I know AR 600-8-19 has information on Promotions and Reductions, which is where I was initially conducting my research. He says, even then, I can't expect things to go right, depending on what the regulations say.
I know AR 600-8-19 has information on Promotions and Reductions, which is where I was initially conducting my research. He says, even then, I can't expect things to go right, depending on what the regulations say.
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1SG (Join to see)
PVT (Join to see) - There are three applicable regulations, plus the Manual for Courts Martial.
AR 600-8-19 Promotions
AR 600-8-2 FLAGS
AR 25-10 Legal Policy
Depends on what situation applies to you.
AR 600-8-19 Promotions
AR 600-8-2 FLAGS
AR 25-10 Legal Policy
Depends on what situation applies to you.
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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.
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1SG (Join to see)
Disagree. The Company Commander has the authority to advance, reduce, or put a hold on advancement if he/she chooses. Ref AR 600-8-19 para 2-3d.
There are a couple of possibilities as to why this may be the case, as well as other possibilities I will explore in my own response to the OP.
There are a couple of possibilities as to why this may be the case, as well as other possibilities I will explore in my own response to the OP.
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SFC (Join to see)
If the command has to sign yes or no to promote eligible personnel then its not aitomatic .
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LTC (Join to see)
Disagree. Having been a Company Commander in the past - a Commander can stop automatic promotions. Should be accompanied by a counseling statement as to why though.
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