Posted on Jan 1, 2021
SPC Section Leader
12.9K
35
26
6
6
0
I PCSed to my current unit in August but my previous unit signed promotion orders for me to be wavered to SPC effective 01 September. My current unit is refusing to give me the rank because it’s not their waiver. Are they actually allowed to do that?
Posted in these groups: Star Promotions
Avatar feed
Responses: 11
Votes
  • Newest
  • Oldest
  • Votes
SFC Retention Operations Nco
7
7
0
Based on what you said, you had already signed in to your new unit when your promotion orders were signed.

If your promotion orders are dated prior to the date you signed in to your new unit, they're valid. If they're dated after you signed in, they are invalid because that person was no longer your commander.
(7)
Comment
(0)
Avatar small
Col Tri Trinh
4
4
0
Your current unit should honor your prior unit's promotion orders (unless there's some valid cause for the current commander to withhold your promotion).
You should discuss the matter with your current supervisor; perhaps request a Commander to Commander call to see if your prior commander can call your current commander up and have your promotion honored. It does/should not hurt to ask.
I am former AF. Perhaps the other services operate differently.
(4)
Comment
(0)
MAJ Byron Oyler
MAJ Byron Oyler
>1 y
Even if you were a different branch Sir, it is E3 to E4 and what you suggest is what should happen. Really no skin in the game to take care of a JR enlisted promotion.
(2)
Reply
(0)
CPL Joseph Elinger
CPL Joseph Elinger
>1 y
It's a waiver.
Usually supported by some sort of prior awards.
It might be considered a bit "forward," but it's obviously in your interest & within your rights.
You should have a hard copy of The Waiver.
I'd also run it by your Unit Chaplain for advice.
He is "in your Chain of Command" & it wouldn't be out of line to discuss anything but the most classified, controversial, or personal matters with him.
I vented to / with my Chaplain on several occasions.
It goes over far better than conferring with a JAG Rep, which, yes, is also your right.
There's a place & a time for all situations.
(1)
Reply
(0)
LTC Jason Mackay
LTC Jason Mackay
>1 y
It’s the waiver, each company is only allocated a small percentage and they don’t transfer like or with the people.
(0)
Reply
(0)
Avatar small
CPT Advisor
3
3
0
Your old unit cannot grant you a waiver or promote you in September since you were no longer in that unit effective in August. Your new unit isn't likely to give you one of their authorized waivers because they don't know you and they probably have other deserving PFCs they are going to give their waivers to.
(3)
Comment
(0)
SFC Dennis Rodriguez
SFC Dennis Rodriguez
>1 y
Funny, I just wrote basically the same thing.
(0)
Reply
(0)
Avatar small
Avatar feed
Can my new unit refuse promotion orders from my previous unit?
SFC Dennis Rodriguez
1
1
0
Waivers are allocated by unit so your new unit is correct. Your old unit should have waivered your advancement while you were still in their unit. Why would the new unit give you a waiver when they don't even know you. They are going to take care of the Soldiers that were there first. Don't makes waves, you will just proof that they were correct in not giving you the waiver. Gluck auf.
(1)
Comment
(0)
Avatar small
PO3 Scot Fahey
1
1
0
US Navy was promoted NAVY-wide. not by unit 1978 to 1984
(1)
Comment
(0)
Avatar small
SFC Luis Austin
1
1
0
The short answer is yes. Your loosing unit, since they were granting a waiver, should have pinned you on exit. Otherwise, you go on the OML of the gaining unit, and they are not going to use one of their waivers on an unknown. Usually, the gaining unit will go along, but if there is a slotting issue or a competition for waivers, you may find yourself in the wrong end of the deal.
(1)
Comment
(0)
Avatar small
CSM Darieus ZaGara
1
1
0
I believe their point of contention to be valid, if your promotion requires their company waiver it was an inappropriate action by your former command. If the waiver carries over from your losing unit then their should be no problem. Speak with the unit S1.
(1)
Comment
(0)
Avatar small
SSgt Christophe Murphy
1
1
0
The short answer is no your previous command can’t promote you after you checked into another unit. Normally. But context is needed and it would cut through the red tape if you just put your supervisor in contact with your precious one to sort this mess out.
(1)
Comment
(0)
Avatar small
SGM Bill Frazer
1
1
0
Understand this- Promotions are controlled by the MTOE, which determines how many slots by rank there are in a unit. It sounds like your old unit had open SPC slots and your new unit does not. Yes, they assuredly can, Doubt 1 SPC slot is worth a battle with DA HQ.
(1)
Comment
(0)
SPC Section Leader
SPC (Join to see)
>1 y
Does the MTOE change when I come up for the automatic promotion sergeant major?
(0)
Reply
(0)
SGM Bill Frazer
SGM Bill Frazer
>1 y
SPC (Join to see) - Wise Ass-1. No automatic promotions pass SPC. 2. If the MTOE calls for only 1 SGM, and they promote you when you already have 1, than DA will move you to a unit that doesn't have 1. 3. Attitude can keep you from ever seeing SPC, and after 8yrs service, they will put you out.
(0)
Reply
(0)
SPC Section Leader
SPC (Join to see)
>1 y
I apologize if it came across that way sergeant major I did not mean it too.
(1)
Reply
(0)
SGM Bill Frazer
SGM Bill Frazer
>1 y
SPC (Join to see) - We're cool kid, lots of luck, but I'm afraid you're in a Catch-22.
(0)
Reply
(0)
Avatar small
MSG Student
1
1
0
Your old unit doesn't have any authority to promote you because they no longer control you. Call IG though and make those guys do some work.
(1)
Comment
(0)
SPC Section Leader
SPC (Join to see)
>1 y
Roger that, preciate it 1SG
(0)
Reply
(0)
CPL Joseph Elinger
CPL Joseph Elinger
>1 y
Chaplain (current or previous), IG, or JAG.
I'm Jewish & have always gotten to know "my" Chaplain & attended services when able, even if not in my Chain of Command.
Not all posts have an assigned Chaplain Rabbi.
Some local Civilian Rabbis have associates / congregants of said post.

"It's not unusual"
- Tom Jones.
(0)
Reply
(0)
CPT Staff Officer
CPT (Join to see)
>1 y
SPC (Join to see) - In the case of the orders not getting processed or signed before your transfer date you are SOL. E2-E4 are all company level "advancements", and a simple DA form 4187 per AR 600-8-19 is the administrative action that Jr enlisted advancements are executed. It is not like a promotion to an NCO rank by authority of the Secretary of the Army.

So now if you are new, the new chain of command isn't privy to the reasons for your waiver. Also, there may be a policy/practice in place to simply not give waivers.

It sucks. I get it, sounds like your losing unit didn't push the paperwork through fast enough before your transfer took effect.

That all said, it is not the end of the world. Before you know it you will be a SGT, and your career advancement will hinge on the promotion point threshold for your MOS.

So the question is, how much longer till you hit the advancement window without waivers, and is it worth the fight for a new PFC to ruffle feathers of his chain? Personally, I wouldn't hold it against you if you came knocking on my door about it, and I'd hear you out, but I'm not in that position.
(0)
Reply
(0)
SPC Section Leader
SPC (Join to see)
>1 y
Not long now till the automatic promotion, thank you sir for your advice.
(1)
Reply
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.