Given my scenario, what can I do to receive backpay after receiving an Article 15?

2017-05-15T09:05:22-04:00

Got a article 15 in nov last year had 45 days extra duty with rank and pay being suspended. I missed an appointment in december but presented evidence to my innocence. And the ar 15 was vacated without me signing vacation paperwork or knowing it was going to be vacated. Feb a memorandum was signed to reinstate rank and pay as if nothing happened. From feb to now may i was paid as e-1 and promoted

Response by SPC Private RallyPoint Member made May 15 at 2017 9:15 AM

2017-05-15T09:15:34-04:00

Adding onto the post above. Got promoted to e-4 then when i started asking about my pay they went into the system took my rank and refuse to correct it rven with this mororandom signed by the LTC who imposed punishment. I have ig involved now and i need it to move along quickly im medically seperating on the 27th of this moth with 59 days of terminal leave. I have a family to support and my paycheck barely supports them. I often run out of gas before next pay period.

Response by SGM Erik Marquez made May 15 at 2017 9:51 AM

2017-05-15T09:51:58-04:00

A: This is a unit issue, talk with TDS and your unit.
B:"Before a suspension may be vacated, the service member ordinarily shall be notified and given an opportunity to respond. Although a hearing is not required to vacate a suspension, if the punishment is of the kind set forth in Article 15(e)(1)-(7), the service member should, unless impracticable, be given an opportunity to appear before the officer authorized to vacate suspension of the punishment to present any matters in defense, extenuation, or mitigation of the violation on which the vacation action is to be based."

You'll notice the words "should" used.. You have no RIGHT to be notified the punishment suspension will be vacated , even if you "should" have been,
Lastly, unit leaders bend over backwards to help unit team members who have earned that trust, respect and leadership.

That you have come to a group of strangers to ask how to get things straight (of course we have only one side of the story) is as telling as anything else you posted.

If you have earned the positive extra attention and time from your unit, just go talk with your PSG and 1SG.
Do your research, understand what the unit MUST do and what they can or should do.. Demanded or accusing the unit of not doing something that have no requirement to do (will vs Should) is a fast way to get the least amount of assistance possible.

If the Field Grade Art15 worked as designed, a corrective action for a "minor" offense and you have been a stand up, professional SM since the day punishment was imposed, the unit should have no issue working though the pay and promotion problems.. Help them help you.. Write it all down, lay it out in black and white, event time line, facts only, no personal opinion, no chastising because they followed the law and reg....even if not the preferred method they "should" have followed.

The unit is obligated to assist as needed to bring your pay and rank in line with applicable policy's and regulations. But how much and how fast that assistance is provided is largely based on the SM standing in front of them.. If you have been a Team performer, a leader, a professional SM, you will get the same level of assistance. If you have done the minimum to just not get in trouble, expect the same level of assistance to correct the issues.

I don't know you so make no assumptions which side of the equation your on.. just pointing out the two ways this will go...only you and your unit know answer.

Response by SPC Private RallyPoint Member made Jun 4 at 2017 12:20 PM

2017-06-04T12:20:04-04:00

Just an update ig made them restore all rank and pay as if nothing happened. If they did not want to gollow through with the paperwork they signed. They shouldnt have signed it.