Posted on Oct 29, 2019
Can a memorandum of record be submitted on a soldier who is on an HQDA promotion list over a FG ART 15 that was suspended, remitted?
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Can a memorandum of record be submitted on a soldier who is on an HQDA promotion list over a FG ART 15 that was suspended and filed in the restricted folder? The only thing I can find is in AR 600-8-19 4-17 a/ b1-7. The article 15 was suspended and filed before the suspension period ended
SFC Board
Army Regulations
Promotion Board
Article 15
Posted 5 y ago
Responses: 3
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What is supposed to happen is that once the issue is cleared up the commander has to send a memorandum with their recommendation to reinstate or remove the Soldier from the promotion list. Company, battalion, and brigade commander all send it, along with the request to removed the flag. At the next STAB the board will remove or reinstate the Soldier onto the promotion list.
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SSG (Join to see)
What if the soldiers coc recommends removal? It’s my understanding that this is what is being recommended and that The soldier will go through a STAB board as HQDA is the approving authority. When we check the STAB ADVISORY ON HRC it states STAB LOOKS at 4-17 of AR 600-8-19
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SFC (Join to see)
SSG (Join to see) the Soldier will go through a STAB and the recommendations from the SM chain of command will be considered. This is not a STAB in the way you're usually acquainted with it where the SM requests a second look at their records. All Soldiers who are temporarily removed from the centralized promotion list have to be reintegrated or permanently removed through the STAB. Once removed they can't re-STAB, they have to compete again on future boards. The board will usually remove the SM if that's the COC recommendation
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I'm not real clear about your concerns. Are you wanting to prepare a memorandum stating that the soldier in question is reformed and learned his lesson? If it's in his restricted file, in theory the promotion board should not see it, although I am somewhat skeptical about that in reality. What rank was the soldier when he got the Article 15 and how long ago did it occur?
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SSG (Join to see)
CPT Lawrence Cable I am for the soldier being promoted. The Article 15 shows suspended and to be remitted if not vacated by set date. The soldier is being referred to a STAB BOARD. I guess I’m asking more so if the Article 15 was suspended sentence and is to be remitted the. Why is it filed under restricted folder?
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CPT Lawrence Cable
SSG (Join to see) - The simple answer is that by regulation, the Commander is require to file any Article 15 on an E5 or above in either his performance fiche or restricted fiche. If it is in his restricted file, he should be in theory OK. Has this soldier been passed over already?
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SSG (Join to see)
CPT Lawrence Cable soldier was selected in 2017 Article 15 was read before he could pin on. List has since been exhausted but the soldier remains FA flagged
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CPT Lawrence Cable
SSG (Join to see) - Then I believe that the method that SFC Boyd indicated would be the only method. Commander sends up a recommendation to reinstate him on the list and a request to remove the flag. Then it goes to the STAB board.
SFC Boyd does this kind of stuff all day and would be my choice of people to listen to on this board.
SFC Boyd does this kind of stuff all day and would be my choice of people to listen to on this board.
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Suspended and remitted are two different actions. Both pertain to punishment not guilt or innocence. Suspension is pretty common and it delays punishment for a specific period and if the Soldier does not commit another action punishable during that period it is automatically set aside. Remission involves setting aside a punishment that has already been imposed. It rarely happens, the only time I have seen it was after a Change of Command
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SSG (Join to see)
Rgr the Article 15 states suspended and will be remitted on set date as long as it is not vacated
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