Posted on Feb 3, 2021
If I didn't get promoted due to being flagged and under investigation, but was found not guilty, how can I get the promotion I missed?
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I was flagged for an investigation for 9 months and I was found not guilty and all my charges were dropped and I also was not punished. I wanted to know how do I get the rank I was supposed to have while I was flagged or if I even can get that rank back?
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Article 15
Posted 5 y ago
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You are eligible to be promoted to PV2 now. In order to have your rank back dated to when you would have received it, your flag would have had to be closed favorably and you would have to have been not at fault. That doesn't mean you escaped with no punishment, but that your company commander states that you never should have been flagged in the first place. That only applies for advancement (not promotion) up to E4.
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I would reach out to your chain of command, and the JAG.
*****
There is also another aspect of life. What kind of thin ice are you treading on?
If I had a soldier held up by trouble they were otherwise not a part of I would go out of my way as a commander make the effort to retroactively advance them in rank, and get them back pay from DOR.
Now, more often than we care to admit, soldiers get away with stuff because of an administrative lacking on the Army's part that causes problems in the judicial process of investigating and punishing soldiers. So then there's the aspect of "don't press your luck", and quietly get the next promotion window.
You are in a special place as a PV1-SPC. Many mistakes wont follow you in iPerm's or NCOER's. Enjoy it while you can.
*****
There is also another aspect of life. What kind of thin ice are you treading on?
If I had a soldier held up by trouble they were otherwise not a part of I would go out of my way as a commander make the effort to retroactively advance them in rank, and get them back pay from DOR.
Now, more often than we care to admit, soldiers get away with stuff because of an administrative lacking on the Army's part that causes problems in the judicial process of investigating and punishing soldiers. So then there's the aspect of "don't press your luck", and quietly get the next promotion window.
You are in a special place as a PV1-SPC. Many mistakes wont follow you in iPerm's or NCOER's. Enjoy it while you can.
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PVT (Join to see)
I haven’t been in any double prior to that or after. But thank you I appreciate that advice.
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You can not retroactively get promoted. Once the flag is dropped you should be eligible again.
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As someone who was in the same position as you, directly as an E1, I feel your pain. Don't let it deter you from being great.
The answer to your question though, is that you can't. This may be a flaw in the system, but the best advice I can give you is to try to see things from both sides. If you actually had committed a crime/whatever the investigation was for, and still got promoted, you would be on the winning (and wrong) side of things. These type of things suck. There should be some type of reverse punishment for false accusations.
Edit- To caveat on what some of the others are saying, in regards to you being counseled and notified that you were under investigation... it seems like paperwork was done incorrectly or lagging. I've never heard of an investigation taking 9 months. I don't know the reg off the top of my head, but I'm fairly certain that investigations must be completed within a certain time frame and 9 months isn't it.
The answer to your question though, is that you can't. This may be a flaw in the system, but the best advice I can give you is to try to see things from both sides. If you actually had committed a crime/whatever the investigation was for, and still got promoted, you would be on the winning (and wrong) side of things. These type of things suck. There should be some type of reverse punishment for false accusations.
Edit- To caveat on what some of the others are saying, in regards to you being counseled and notified that you were under investigation... it seems like paperwork was done incorrectly or lagging. I've never heard of an investigation taking 9 months. I don't know the reg off the top of my head, but I'm fairly certain that investigations must be completed within a certain time frame and 9 months isn't it.
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Simple answer is to speak with legal and your chain of command. You don't need rally point to give you guidance on this.
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PVT (Join to see)
Leadership won’t help me. You know I have to follow the chain of command so if my first line doesn’t speak up for me who will? That’s why I came to rally point.
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MAJ Jason Sierakowski
Concern understood, use the Company Command Teams open door policy. This means you tell your squad leader and platoon sergeant before you go strolling into your Commanders office. As welcoming as they would be, the best way is to have your platoon leadership with you. This way they prepare the commander and 1SG to speak with you.
Not knowing any details of your situation (no need to get into anything), this is your best approach.
If you were flaged under investigation, you should already have a good idea from your counseling statements how the process would work. You can also speak with your installation legal to get further clarification.
This is why I'm shedding light that your chain of command is your best bet. Reason being, your 1SG (most likely) will speak with the CSM (if he or she is a good 1SG) to prepare the Battalion Command Team if you want to speak with them as well, using the Battalion Command Team open door policy.
Lastely, if you know you were under investigation for some questionable events you don't have to be recommended for promotion. Which is what could be happening.... If you have counseling from platoon leadership this could be a reason as well.
If you read all of this.... This is why I respond to certain questions that they chain of command can facilitate. There are many, many, many reasons and scenarios why. I would recommend you find good mentors and focus on your professional work..... Use good morals and judgment. Best of luck.
Not knowing any details of your situation (no need to get into anything), this is your best approach.
If you were flaged under investigation, you should already have a good idea from your counseling statements how the process would work. You can also speak with your installation legal to get further clarification.
This is why I'm shedding light that your chain of command is your best bet. Reason being, your 1SG (most likely) will speak with the CSM (if he or she is a good 1SG) to prepare the Battalion Command Team if you want to speak with them as well, using the Battalion Command Team open door policy.
Lastely, if you know you were under investigation for some questionable events you don't have to be recommended for promotion. Which is what could be happening.... If you have counseling from platoon leadership this could be a reason as well.
If you read all of this.... This is why I respond to certain questions that they chain of command can facilitate. There are many, many, many reasons and scenarios why. I would recommend you find good mentors and focus on your professional work..... Use good morals and judgment. Best of luck.
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CPT (Join to see)
This whole thing can be done at the company level, and I find it hard to believe the entire company level chain of command would let a Jr Enlisted Advancement illegitimately languish at the risk of the soldier going to the IG.
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