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?

SSG Private RallyPoint Member — Tue, 29 Oct 2019 05:44:23 -0400

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

Response by CPT Lawrence Cable made Oct 29 at 2019 7:37 AM

CPT Lawrence Cable — Tue, 29 Oct 2019 07:37:33 -0400

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?

Response by MSG Gary Eckert made Oct 29 at 2019 10:14 AM

MSG Gary Eckert — Tue, 29 Oct 2019 10:14:35 -0400

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

Response by SFC Private RallyPoint Member made Oct 29 at 2019 11:20 AM

SFC Private RallyPoint Member — Tue, 29 Oct 2019 11:20:32 -0400

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.